Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00067-MPT Document 16 Filed O3/15/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

Plaintiff, l
v., I C. A., No. 1:07-cv—067:***
) Jury Trial Demanded
GPNE CORP., )
Defendant. g

DECLARATION OF MATTHEW CANNON IN OPPOSITION
TO GPNE CORP.’S MOTION TO DISMISS, STAY OR TRANSFER
I, Matthew Cannon, hereby declare and state as follows:
l. Unless otherwise stated, I have personal knowledge of the facts stated
herein and if called to testify, I could and would be able to testify to the statements made
herein.
2. l am a manager in voice and IP services at Time Warner Cable Inc.
("TWC"). I ain responsible for the detailed design of the voice network and other
applications running on top of the high speed data network. I have worked in the telecom
and cable industry for more than 15 years, and joined TWC in 2004.
3. TWC operates cable systems in a number of markets throughout the
United States and offers a variety of services through its cable systems, including high
speed data service.
4. I have personal knowledge of the design and operation TWC’s cable
systems. I work at "l`WC’s facility in Herndon, Virginia, where TWC houses its
LA! 828575v l 1

Case 1:07-cv-00067-MPT Document 16 Filed O3/15/2007 Page 2 of 3
corporate engineering facilities. Most of the documents related to the general system
design and deployed implementation of TWC’s high speed data service are created in
Herndon, Virginia and are accessible there, Liltewise, most of the TWC corporate
engineers who are familiar with the general system design of TWC’s high speed data
service are located in Herndon, Virginia,
5i l understand that GPNE accuses TWC of infringing its patent by using
DOCSIS~based equipment to deliver high speed data service The vendors who produce
equipment used by TWC to deliver this service are located in areas more convenient to
Delaware than to the Eastern District of Texasi For example, Motorola, which makes
DOCSIS—~based cable modems (CMs) and cable modem termination systems (CM"i`Ss)
used to deliver high speed data service, is located in Horsham, Pennsylvania Scientific
Atlanta, now owned by Cisco Systems, and ARRIS also both make DOCSIS-based Clvls
and CMTSs and are located in Atlanta, Georgia,
I declare under penalty of perjury that to the best of my knowledge, information
and belief, the foregoing statements are true and correct.,
Executed this 14th day of March 2007 in Herndon, Virginian
Mt

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Case 1:07-cv-00067-MPT Document 16 Filed O3/15/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on March I5, 2007, I electronicaily filed the foregoing document
with the Clerk of Court using CM/ECP which will send notification of such filing(s) and Hand
Delivered to the following:
Richard IQ Herrmann, Esquire
Morris James, LLP
500 Delaware Avenue, suite i500
Wilmington, DE 19801-I-494
I hereby certify that on March 15, 2007, I have sent by Federal Express, the foregoing
document to the following non~registered participants:
Edward Wn Goldstein
Corby R. Vowell
Goldstein, Faucett & Prebeg, LLP
l I77 West Loop South, Suite 400 _
Houston, Texas 77027 , FQ i g
J eson weedie (#4927)
tweedie@rlf,com
nit 1-1 1 24520-l