API Technologies, LLC v. Facebook, Inc. et al

Filing 183

RESPONSE to Motion re 174 MOTION to Change Venue Motion to Transfer Venue to the Northern District of California filed by API Technologies, LLC. (Attachments: # 1 Affidavit Wiley Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Affidavit Spangenberg Declaration, # 37 Affidavit Spangler Declaration, # 38 Affidavit Hepburn Declaration)(Wiley, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION API TECHNOLOGIES, LLC Plaintiff, v. FACEBOOK, INC., ET AL, Defendants. DECLARATION OF ELIZABETH A. WILEY IN SUPPORT OF API TECHNOLOGIES, LLC'S RESPONSE TO DEFENDANTS' MOTION TO TRANSFER VENUE My name is Elizabeth A. Wiley. I am a member of the State Bar of Texas, with The Wiley Firm PC, and one of the counsels of record for API Technologies, LLC ("API") in the above-referenced action. The facts recited below regarding documents and correspondence maintained in the files for this case or regarding information obtained by me personally with regard to API's response ("Response") to the motion to transfer are true and correct and if called upon testify I would truthfully testify thereto based on my personal knowledge as counsel for API and access to API's files and documents. 1. Exhibit 1 is a true and correct copy of the certified copy of the Certificate of Civil Action No. 2:09-CV-00147 JURY TRIAL DEMANDED

Formation for API, which I obtained from the Texas Secretary of State's office via the on-line ordering service for such documents at www.sos.state.tx.us. The certification from the Secretary of State's office also is included as part of this exhibit. 2. Exhibit 2 is a true and correct copy of the web page that I visited by using the

Yahoo! search engine and using as or among my search terms "Mitchell Miller," on May 13, 2010, as indicated at the footer of that page. The result obtained based on that search shows his

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affiliation with the law firm of Haynes & Boone, LLP, which shows his law firm address to be the same one on which Defendants rely for API's headquarters. 3. Exhibit 3 is a true and correct copy of updated information to show that Haynes &

Boone is no longer at its former downtown address but moved from the downtown location to a new location. This information is from the Haynes & Boone, LLP web site, obtained through using the Yahoo! search engine, a search that I performed on May 13, 2010, as indicated on the footer of that page. 4. Exhibit 4 is a true and correct copy of a subpoena served on Acclaim Financial

Group, LLC in Bright Response, LLC v. Google Inc.; Yahoo! Inc., et al. ("Bright Response" case), and served at Acclaim Financial Group, LLC's Marshall address, facts of which I have personal knowledge because I, like API"s lead counsel Mr. Spangler, also am one of the counsel for the plaintiff, Bright Response, LLC, in the Bright Response case and, therefore, have personal knowledge in that capacity and given my access to the files and documents filed and served in that case and the relevant information concerning these unaffiliated entities with API that have been implicated in discovery in the Bright Response case. This same assertion of personal knowledge applies to the other documents identified below as documents filed or served on the plaintiff in the Bright Response case. 5. Exhibit 5 is a true and correct copy of the documents comprising the subpoena

served on Clear with Computers, LLC in the Bright Response case. 6. Exhibit 6 is a true and correct copy of a subpoena served on IP Navigation Group,

LLC in the Bright Response case. 7. Exhibit 7 is a true and correct copy of the documents comprising the subpoena

served on TechDev Holdings, LLC in the Bright Response case, with an excerpt from a page

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comprising TechDev's objections to the subpoena and notice, which is included to reflect that Plutus IP Holdings, LLC is the same company as TechDev Holdings, LLC because of a name change. 8. Exhibit 8 is a true and correct copy of a document obtained from the records on

file with the Texas Secretary of State's on-line service for obtaining business corporation documents. This document was obtained by searching by the entity name, entity Acclaim Financial Group, LLC, which search was performed on June 2, 2010, upon which search this document was ordered, emailed, and then maintained in our files for this case. 9. Exhibit 9 is a true and correct copy of the first page of the patent in suit, which is

attached to API's original complaint at Dkt. No. 1. 10. Exhibit 10 is a true and correct copy of a web page resulting from a calculation

that I did using a maps application on Bing, entitled Distance Calculator, available at www.bing.com/maps/explore. Exhibit 10 shows the distance from Harpswell, Maine to

Marshall, Texas and a map as well, as I printed it to a PDF file. For all the air mile numbers set forth on the table in the Response that represent additional miles to the California venues of San Francisco, San Jose, and Oakland, the distance to each of those venues was calculated as shown on these exhibits below, and then the air miles to Marshall were subtracted from those numbers to determine how much further the distance was to the California venue air miles shown for the distance to the California forums was subtracted from the distance to Marshall, Texas. This calculation is based on a good faith calculation, any errors in which are completely unintentional and due solely to unintended errors by me in performing the calculations. 11. Exhibit 11 is a true and correct copy of the web page resulting from a calculation

that I did using a maps application on Bing, entitled Distance Calculator, available at

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www.bing.com/maps/explore. Exhibit 11 shows the distance from Harpswell, Maine to San Francisco, CA and a map as well, as I printed it to a PDF file. 12. Exhibit 12 is a true and correct copy of copy of the distance that I calculated by

using a maps application on Bing, one entitled Distance Calculator, available at www.bing.com/maps/explore. Exhibit 12 shows the distance from Harpswell, Maine to San Jose, California and a map as well, as I printed it to a PDF file. 13. Exhibit 13 is a true and correct copy of copy of the distance that I calculated by

using a maps application on Bing, one entitled Distance Calculator, available at www.bing.com/maps/explore. Exhibit 13 shows the distance from Harpswell, Maine to

Oakland, California and a map as well, as I printed it to a PDF file. 14. maps Exhibit 14 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 14 shows the distance from Delafield, Wisconsin to

Marshall, Texas and a map as well, as I printed it to a PDF file. 15. maps Exhibit 15 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 15 shows the distance from Delafield, Wisconsin to San Francisco, California and a map as well, as I printed it to a PDF file. 16. maps Exhibit 16 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 16 shows the distance from Delafield, Wisconsin to San Jose, California and a map as well, as I printed it to a PDF file.

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17. maps

Exhibit 17 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 17 shows the distance from Delafield, Wisconsin to

Oakland, California and a map as well, as I printed it to a PDF file. 18. maps Exhibit 18 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 18 shows the distance from Conway, Arkansas to

Marshall, Texas and a map as well, as I printed it to a PDF file. 19. maps Exhibit 19 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 19 shows the distance in air miles from Conway,

Arkansas to San Francisco, California and a map as well, as I printed it to a PDF file. 20. maps Exhibit 20 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 20 shows the distance from Conway, Arkansas to San Jose, California and a map as well, as I printed it to a PDF file. 21. maps Exhibit 21 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 21 shows the distance in air miles from Conway,

Arkansas to Oakland, California and a map as well, as I printed it to a PDF file. 22. maps Exhibit 22 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

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www.bing.com/maps/explore.

Exhibit 22 shows the distance from Vilonia, Arkansas to

Marshall, Texas and a map as well, as I printed it to a PDF file. 23. maps Exhibit 23 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 23 shows the distance from Vilonia, Arkansas to San Francisco, California and a map as well, as I printed it to a PDF file. 24. maps Exhibit 24 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 24 shows the distance from Vilonia, Arkansas to San Jose, California and a map as well, as I printed it to a PDF file. 25. maps Exhibit 25 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 25 shows the distance from Vilonia, Arkansas to

Oakland, California and a map as well, as I printed it to a PDF file. 26. maps Exhibit 26 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 26 shows the distance from Washington, D.C. to

Marshall, Texas and a map as well, as I printed it to a PDF file. 27. maps Exhibit 27 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 27 shows the distance from Washington, D.C. to San Francisco, California and a map as well, as I printed it to a PDF file.

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28. maps

Exhibit 28 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 28 shows the distance from Washington, D.C. to San Jose, California and a map as well, as I printed it to a PDF file. 29. maps Exhibit 29 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore.

Exhibit 29 shows the distance from Washington, D.C. to

Oakland, California and a map as well, as I printed it to a PDF file. 30. maps Exhibit 30 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 30 shows the distance in air miles from Morro Bay, California to Marshall, Texas and a map as well, as I printed it to a PDF file. 31. maps Exhibit 31 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 31 shows the distance from Morro Bay, California to San Francisco, California and a map as well, as I printed it to a PDF file. 32. maps Exhibit 32 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

www.bing.com/maps/explore. Exhibit 32 shows the distance from Morro Bay, California to San Jose, California and a map as well, as I printed it to a PDF file. 33. maps Exhibit 33 is a true and correct copy of the distance that I calculated by using a on Bing, one entitled Distance Calculator, available at

application

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www.bing.com/maps/explore. Exhibit 33 shows the distance from Morro Bay, California to Oakland, California and a map as well, as I printed it to a PDF file. 34. Exhibit 34 is a true and correct copy of the order entered on the docket on May12,

2010 in Tsera, LLC v. Apple, Inc., et al., Case No. 6:09-cv-00312-LED-JDL, as obtained by accessing PACER and obtaining docket number 230. I declare under penalty of perjury that the above information is true and correct. Executed this 3rd day of June, 2010, in Austin, Texas.

/s/ Elizabeth A. Wiley Elizabeth A. Wiley

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