Isys Technologies v. Google et al

Filing 10

MEMORANDUM in Support re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiff Isys Technologies. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8A, # 9 Exhibit 8B, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Zenger, Todd)

Exhibit 15

Todd E. Zenger (5238)
Dax D. Anderson (10168)
Joshua S. Rupp (12647)
KIRTON & McCONKIE
1800 Eagle Gate Tower
60 East South Temple
Salt Lake City, Utah 84111
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
ISYS TECHNOLOGIES, INC., a Nevada
Corporation,

Civil Action No. 2:11-CV-507 CW

Plaintiff,

Judge Clark Waddoups

vs.
GOOGLE, INC., a Delaware Corporation;
SAMSUNG ELECTRONICS USA, INC., a Delaware
Corporation; ACER AMERICA CORP., a
California Corporation; AMAZON.COM, INC., a
Delaware Corporation; and BEST BUY CO.,
INC., a Minnesota Corporation;

DECLARATION OF DAVID POLITIS IN
SUPPORT OF ISYS’ MOTION FOR
TEMPORARY RESTRAINING ORDER
AND PRELIMINARY INJUNCTION

Defendant.

I, David Politis am the Chief Marketing Officer of ISYS Technologies, Inc. and its
subsidiary Xi3 Corporation and I declare under penalty of perjury that the statements made
herein are true and correct and are based on my own personal knowledge:
1.

In November 2010, the Consumer Electronics Association, owner of the

International Consumer Electronics Show, announced that ISYS’ Xi3 Modular Computer was to
be recognized as a 2011 International CES Innovations Design and Engineering Award winner in
the computer hardware category.

1

2.

Images of the approximately 4” x 3½” Xi3 Modular Computer include:

3.

The Xi3 Modular Computer and other Xi3 Technology products thereafter

received rave reviews at the January 6-9, 2011 International Consumer Electronics Show in Las
Vegas, Nevada (“CES 2011”).
4.

A Business Wire New Release covering the CES 2011 show characterized the

impact of the Xi3 Technology as “Xi3 Corporation Rocks CES 2011.”
5.

A version of the Xi3 Modular computer is being branded and promoted as the

CHROMIUMPC computer.
6.

One example of the Xi3 CHROMIUMPC computer is depicted as follows:

2

7.

In 2008, Google initiated an open-source software development project named

Chromium. Google invited independent third parties to participate.
8.

This Chromium software initiative was for software development by third parties

for networks such as the Internet for accessing, navigating, searching, browsing, running web
applications and/or communicating.
9.

On May 11, 2011, Google announced the public launch of upcoming sales of its

CHROMEBOOK PC product and hinted at also using CHROMEBOX for a desktop PC.
10.

Under the direction and inducement of Google in the U.S., Google’s

CHROMEBOOK PC product is being manufactured, promoted and advertised by Samsung and
Acer for sale in the United States and other countries.
11.

I declare under penalty of perjury that the foregoing is true and correct.

DATED this 6th day of June, 2011.

By:

4844-7532-9545.1

3

s/David Politis
David Politis
Chief Marketing Officer ISYS
Technologies, Inc. and Xi3 Corporation