Case 1:11-cv-00797-RGA Document 93 Filed 12/19/11 Page 1 of 4 PageID #: 514
`Case 1:11-cv-00797-RGA Document 93
`Filed 12/19/11 Page 1 of 4 Page|D #: 514
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`A FASTVDO LLC,
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`Plaintiff,
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`V.
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`V APPLE INC., et a1.,
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`Defendants.
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`C. A. No. 11-797 (RGA)
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`JURY TRIAL DEMANDED
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`DECLARATION OF STEVEN B. DECKER IN SUPPORT OF
`EASTMAN KODAK COMPANY’S
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`MOTION TO DISMISS OR, IN THE ALTERNATIVE,
`TO SEVER AND TRANSFER
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`Case 1:11-cv-00797-RGA Document 93 Filed 12/19/11 Page 2 of 4 PageID #: 515
`Case 1:11-cv—OO797—RGA Document 93
`Filed 12/19/11 Page 2 of 4 Page|D #: 515
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`i 1, Steven B. Decker, declare as follows:
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`1.
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`I have personal knowledge of the facts contained in this declaration, and could
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`and would testify competently to these facts if called upon to do so.
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`2.
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`I have been employed by Eastman Kodak Company (“Kodak”) since August of
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`1996. My current title is General Manager, Digital Cameras and Accessories, and Vice President
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`of Eastman Kodak Company. Today, I have responsibility for Kodak’s worldwide digital
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`camera business.
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`3.
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`I submit this Declaration in support of Kodak’s Motion to Dismiss, or in the
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`alternative, to Sever and Transfer the claims filed against Kodak by Plaintiff FastVDO LLC.
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`I
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`am generally familiar with FastVDO’s allegations of patent infringement made against Kodak.
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`I
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`am also familiar with the camera products accused of infringement in this action.
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`4.
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`Kodak’s regional headquarters and principal place of business are located at 343
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`State Street in Rochester, New York. Kodak has over 7,000 employees in Rochester. Rochester
`is the U.S. base for many ofKodak’s activities, including those related to its United States digital
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`camera business.
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`5.
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`The Kodak camera products named in the complaint are generally manufactured
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`outside of the United States, but virtually all of the business decisions related to these products
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`are made in Rochester, New York. Rochester is the location from which Kodak performed most
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`of its digital camera design and development over the years. Kodak’s United States digital
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`- camera product sales, service, finance, supply chain, marketing, and licensing activities are also
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`all centered in Rochester.
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`6.
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`Most, if not all, of the key managers, teams and personnel knowledgeable about,
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`among other things, the structure, development , function, testing, operation and sales and
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`Case 1:11-cv-00797-RGA Document 93 Filed 12/19/11 Page 3 of 4 PageID #: 516
`Case 1:11-cv-00797-RGA Document 93
`Filed 12/19/11 Page 3 of 4 Page|D #: 516
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`marketing of the accused products are also concentrated in the Rochester area. For example, key
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`managers would include Tom Napoli, who supports the development of the accused products,
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`Doug Elliot, who is responsible for the commercialization of the accused products, Philip H.
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`Scott, who works on the marketing of the accused camera products; and Andy Evenski, who
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`handles financial matters related to the accused camera products. Other employees who live and
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`work in the Rochester area that are likely to have relevant knowledge would include Tom
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`Przybylowicz, John Caliguiri, Steve Johns, Bob Gretzinger, and Frank Armstrong.
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`7.
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`In addition to the many individuals living and/or working in Rochester who have
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`knowledge of Kodak’s digital camera products, the evidentiary documents relevant to this
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`litigation (including information relating to the development and fimctionality of those cameras,
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`and Kodak’s sales and marketing of the accused products) are located at Kodak’s headquarters in
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`Rochester. Similarly, documents pertinent to the prior art and the financial aspects of Kodak’s
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`digital camera business are located at Kodak’s Rochester headquarters. The documentation
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`related to the development and operation of the accused products, as well as sales and revenue
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`information for these products, exists mainly in electronic form, and is stored and maintained on
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`servers located at Kodak’s headquarters in Rochester. Hard copies of these documents, where
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`they exist, would also be located at Kodak’s headquarters in Rochester. Examples of this
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`documentation would include product manuals, specifications, marketing materials, invoices,
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`and general sales and revenue information. Other than Rochester, there is no location in the
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`United States where Kodak has a significant concentration of documents that relate to its digital
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`camera business or the accused products.
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`8.
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`Many of the other defendants named in this lawsuit are Kodak’s competitors in
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`the digital camera market. These companies would include Canon USA, Inc, Casio America,
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`Case 1:11-cv-00797-RGA Document 93 Filed 12/19/11 Page 4 of 4 PageID #: 517
`Case 1:11-cv-00797-RGA Document 93
`Filed 12/19/11 Page 4 of 4 Page|D #: 517
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`Inc., Fujifilm North America Corporation, Hewlett Packard Company, JVC Americas
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`7 Corporation, Nikon Americas, Inc., Nikon, Inc., Olympus America Inc., Panasonic Corporation
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`ofNo1th America, Samsung Electronics America, Sanyo North America Corporation, Sony
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`Corporation of America, Inc., Sony Electronics, Inc., and Toshiba America, Inc.
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`I declare under the laws of the United States of America that the foregoing is true and
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`correct to the best of my knowledge.
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`Dated: December /‘:7? ,20ll
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`Steven B. Decker
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