Klausner Technologies Inc v. Verizon Wireless et al

Filing 7

MOTION to Change Venue to the Eastern District of New York Pursuant to the First to File Rule by Verizon Wireless, Verizon Data Services LLC, Bell Atlantic Communications, Inc. (Attachments: # 1 Declaration of Allen F. Gardner, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Jones, Michael)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION § § § § § § § § § § § § § §

KLAUSNER TECHNOLOGIES, INC., Plaintiff, v. VERIZON WIRELESS (CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS), VERIZON DATA SERVICES LLC, BELL ATLANTIC COMMUNICATIONS, INC., et al., Defendants.

Civil Action No. 6:08-CV-341-LED

DECLARATION OF ALLEN F. GARDNER IN SUPPORT OF THE VERIZON DEFENDANTS' MOTION TO TRANSFER TO THE EASTERN DISTRICT OF NEW YORK PURSUANT TO THE FIRST-TO-FILE RULE Michael E. Jones Allen F. Gardner POTTER MINTON A Professional Corporation 110 North College 500 Plaza Tower Tyler, Texas 75702 [phone] Attorneys for Cellco Partnership dba Verizon Wireless, Verizon Data Services LLC, and Bell Atlantic Communications, Inc.

OF COUNSEL: John M. Desmarais KIRKLAND & ELLIS LLP 153 East 53rd Street New York, New York 10022-4675 [phone] Dated: August 29, 2008

I, Allen F. Gardner, under information and belief, declare as follows: 1. I am an attorney with the law firm of Potter Minton, A Professional Corporation,

and I am one of the attorneys representing Cellco Partnership d/b/a Verizon Wireless, Verizon Data Services LLC, and Bell Atlantic Communications, Inc. d/b/a Verizon Long Distance (collectively "the Verizon Defendants"). 2. Attached as Exhibit 1 is a true and correct copy of an article from the September

1, 2006 Issue 162, Managing Intellectual Property entitled "More than Words." 9/1/06 Mg'g Intell. Prop. 14, 2006 WLNR 16918651. 3. Attached as Exhibit 2 is a true and correct copy of the December 4, 2007

TelecomWeb News Break article entitled "Klausner Unleashes New `Visual Voicemail' Patent Suits." 12/4/07 TelecomWebNB, 2007 WLNR 23946442. 4. Attached as Exhibit 3 is a true and correct copy of the March 19, 2008 Complaint

for Patent Infringement (5,283,818) filed in Klausner Technologies, Inc. v. Apple Inc., AT&T Mobility LLC, Case No. 2:08-CV-117 (United States District Court for the Eastern District of Texas Marshall Division). 5. Attached as Exhibit 4 is a true and correct copy of the March 20, 2008

CommwebNews.com article entitled "Apple, AT&T Re-Sued Over iPhone Voicemail." 3/20/08 CommWeb News, 2008 WLNR 5465042. 6. Attached as Exhibit 5 is a true and correct copy of the August 13, 2008 Complaint

for Declaratory Relief filed by Cellco Partnership d/b/a Verizon Wireless and Verizon Data Services LLC v. Klausner Technologies, Inc. Civil Action No. 08-3287 filed in the United States District Court for the Eastern District of New York (the "New York Action").

7.

Attached as Exhibit 6 is a true and correct copy of the Affidavit of Service

attesting that the Summons in the New York Action was served on Klausner Technologies Inc., on August 14, 2008. 8. Attached as Exhibit 7 is a true and correct copy of the August 25, 2008 Initial

Order in the New York Action. 9. I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct and that this Declaration was executed on August 29, 2008 in Tyler, Texas. Dated: August 29, 2008 /s/ Allen F. Gardner Allen F. Gardner State Bar No. 24043679 Attorneys for Cellco Partnership d/b/a Verizon Wireless, Verizon Data Services LLC, and Bell Atlantic Communications, Inc. d/b/a Verizon Long Distance

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