Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 132

RESPONSE in Support re 113 Joint MOTION to Change Venue Under 28 U.S.C. § 1404(a)Joint MOTION to Change Venue Under 28 U.S.C. § 1404(a)Joint MOTION to Change Venue Under 28 U.S.C. § 1404(a)Joint MOTION to Change Venue Under 28 U.S.C. § 1404(a)Joint MOTION to Change Venue Under 28 U.S.C. § 1404(a) filed by Adobe Systems Inc., Alladin Knowledge Systems Ltd., Alladin Knowledge Systems, Inc., CA, Inc., NATIONAL INSTRUMENTS CORP., Onyx Graphics, Inc., Pinnacle Systems, Inc., Safenet, Inc., Sonic Solutions, Symantec Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Healey, David)

EXHIBIT 1

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION.
UNILOC USA, INC., ET AL.
Plaintiff
Civil Action No. 6:10-cv-472-LED
V.

JURY TRIAL DEMANDED
NATIONAL INSTRUMENTS CORP., ET
AL.,
Defendants.
DECLARATION OF WHITNEY KNOX IN SUPPORT OF
NATIONAL INSTRUMENTS CORPORATION’S MOTION TO TRANSFER
I, Whitney Knox, declare as follows:
1.

I am a Software Section Manager of National Instruments Corporation ("NI"). I

submit this Declaration in support of defendants’ Motion to Transfer Venue Under Rule 28
U.S.C. § 1404(a). I have personal knowledge of the facts set forth in this Declaration unless
otherwise stated.
2.

NI is a company organized and existing under the laws of Delaware with its

principal place of business located in Austin, Texas. NI is a publicly held company that
produces graphical programming software and modular hardware.
3.

I am informed that the Plaintiffs Uniloc USA, Inc. and Uniloc Singapore Private

Limited (collectively, "Uniloc") allege that NI directly and/or indirectly infringes U.S. Patent
No. 5,490,216, "by, among other things, making, using, offering for sale, selling and/or
importing a system, device and/or method for reducing software piracy, reducing casual copying
and/or reducing the unauthorized use of software, including without limitation NI’ s product

activation system and process used with its Lab VIEW products that permit customers to activate
and/or register software."
4.

NI offered for sale and sold the accused LabVIEW products in Rhode Island

before Uniloc filed its complaint in this action on September 14, 2010.

I declare under penalty of perjury of the laws of the United States and the State of Texas
that the foregoing is true and correct.

Dated: April 20, 2011
Whitney

2

KX