Document 38-13
Filed 01/23/2006
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1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiffs, 14 v. 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 I, Kathryn Sheehan, declare as follows: 1. CENDANT CORPORATION, TRILEGIANT CORPORATION, ORBITZ, LLC, ORBITZ, INC., BUDGET RENT A CAR SYSTEM, INC., and AVIS RENT A CAR SYSTEM, INC., AMAZON.COM, INC., and A9.COM, INC.,
The Honorable R. Martinez
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Case No. 05-01137 (RSM) DECLARATION OF KATHRYN SHEEHAN IN SUPPORT OF PLAINTIFFS AMAZON.COM, INC. AND A9.COM, INC.'S OPPOSITION TO DEFENDANTS' MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. ยง 1404(a), OR, IN THE ALTERNATIVE, TO DISMISS, STAY, OR TRANSFER THE ACTION PURSUANT TO THE FIRST-TO-FILE RULE Noted for consideration September 16, 2005
I am Corporate Counsel for Amazon.com, Inc., a position I have held since April
2003. I have personal knowledge of the facts sets forth in this declaration, and if called upon to do so, could and would testify competently thereto. 2. Amazon.com, Inc. ("Amazon.com") is incorporated in the State of Delaware. Its
principal offices are located in Seattle, Washington. Amazon.com owns U.S. Patent Nos. 5,715,399, 6,029,141, and 6,629,079, which are asserted against defendants in this action.
SHEEHAN DECL ISO OPPOSITION TO MOTION TO TRANSFER Case No. 05-01137 (RSM)
PRESTON GATES & ELLIS, LLP 925 FOURTH AVE., SUITE 2900 SEATTLE, WASHINGTON 98104-1158 PH: 206.623.7580; FAX: 206.623.7022
Case 1:06-cv-00041-JJF
Document 38-13
Filed 01/23/2006
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3.
All of Amazon.com's employees with knowledge of the decision-making, product
development, web-site development, software development, advertising, marketing, sales, finance, and product and service roll-out relating to the patents asserted in this action work at Amazon.com's offices in Seattle, Washington. All of the documents concerning these same activities, including documents relating to damages arising from defendants' infringement, are also located in Seattle. The computer servers that Amazon.com operates to run its web-site features are located in Washington and Virginia. 4. Plaintiff A9.com, Inc. ("A9.com") is a wholly-owned subsidiary of Amazon.com
and owns U.S. Patent No. 6,625,609, which is also asserted against defendants in this action. A9.com is a Delaware corporation with its principal place of business in Palo Alto, California. Because Amazon.com assigned U.S. Patent No. 6,625,609 to A9.com after the patent was issued, all witnesses with knowledge concerning this patent and related documents are located at Amazon.com's offices in Seattle. A9.com has no facilities or employees in the State of Delaware. 5. All of Amazon.com's current employees who participated in the development of
the inventions claimed in the patents at issue work at Amazon.com in Seattle, Washington. The following individuals are named inventors for the patents in suit and have relevant knowledge regarding, among other things, the subject matter, conception and reduction to practice of the claimed inventions:
Name / Title Jeff Bezos President, Chief Executive Officer, and Chairman of the Board
Location Seattle, Washington
Relevance Mr. Bezos is the sole the inventor of Amazon.com's U.S. Patent No. 5,715,399 entitled "Secure Method and System for Communicating a List of Credit Card Numbers Over a NonSecure Network," and one of the coinventors of Amazon.com's U.S. Patent No. 6,029,141 entitled, "Internet-Based Customer Referral System."
SHEEHAN DECL ISO OPPOSITION TO MOTION TO TRANSFER Case No. 05-01137 (RSM)
PRESTON GATES & ELLIS, LLP 925 FOURTH AVE., SUITE 2900 SEATTLE, WASHINGTON 98104-1158 PH: 206.623.7580; FAX: 206.623.7022
Case 1:06-cv-00041-JJF
Document 38-13
Filed 01/23/2006
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Name / Title Ellen Ratajak
Location Seattle, Washington
Relevance Ms. Ratajak is one of the co-inventors of Amazon.com's U.S. Patent No. 6,029,141 entitled, "Internet-Based Customer Referral System." Mr. McDade is one of the co-inventors of Amazon.com's U.S. Patent No. 6,625,609 B1 entitled, "Method and System for Navigating Within a Body of Data Using One of a Number of Alternative Browse Graphs." Ms. Krook is one of the co-inventors of Amazon.com's U.S. Patent No. 6,625,609 B1 entitled, "Method and System for Navigating Within a Body of Data Using One of a Number of Alternative Browse Graphs."
3 4 5 6 7 8 9 10 11 12 13 6. 14 15 Anne K. Krook Director of Internal Audit Seattle, Washington Robert McDade Systems Analyst Seattle, Washington
Several of the inventors for the patents at issue are no longer employed at
Amazon.com. These former employees have relevant knowledge regarding, among other things, the subject matter, conception and reduction to practice of the claimed inventions, and all of them 16 reside in or near Seattle, Washington: 17 18 19 20 21 22 23 24 25 26
SHEEHAN DECL ISO OPPOSITION TO MOTION TO TRANSFER Case No. 05-01137 (RSM)
PRESTON GATES & ELLIS, LLP 925 FOURTH AVE., SUITE 2900 SEATTLE, WASHINGTON 98104-1158 PH: 206.623.7580; FAX: 206.623.7022
Name / Title Sheldon Kaphan
Location Seattle, Washington
Relevance Mr. Kaphan is one of the co-inventors of Amazon.com's U.S. Patent No. 6,029,141 entitled, "Internet-Based Customer Referral System." Mr. Schonhoff is one of the coinventors of Amazon.com's U.S. Patent No. 6,029,141 entitled, "Internet-Based Customer Referral System."
Thomas Schonhoff
Seattle, Washington
Case 1:06-cv-00041-JJF
Document 38-13
Filed 01/23/2006
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7.
Name / Title Joel Spiegel
Location Woodinville, Washington
Relevance Mr. Spiegel is one of the co-inventors of Amazon.com's U.S. Patent No. 6,629,079 Bl entitled, "Method and System for Electronic Commerce Using Multiple Roles." Ms. Mohit is one of the co-inventors of Amazon.com's U.S. Patent No. 6,629,079 Bl entitled, "Method and System for Electronic Commerce Using Multiple Roles." Ms. Bouman is one of the co-inventors of Amazon.com's U.S. Patent No. 6,625,609 Bl entitled, "Method and System for Navigating Within a Body of Data Using One of a Number of Alternative Browse Graphs."
Maryam Mohit
Seattle, Washington
Bonnie Bouman
Seattle, Washington
I know of no current or former Amazon.com employees, or other non-parties, with
knowledge relevant to this action who work or reside in the State of Delaware. 8. In addition to the above noted current and former employees of Amazon.com who
reside in or near Seattle, Washington, two of the patent attorneys who prosecuted the patents at issue are located in Seattle, Washington at Perkins Coie LLP. Steven Lawrenz prosecuted the '609 patent, and Maurice Pirio prosecuted the '079 patent. Ronald Anderson, who prosecuted the '399 patent, is located in Bellevue, Washington. These witnesses will have relevant information regarding the prosecution of the patents at issue. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on the
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SHEEHAN DECL ISO OPPOSITION TO MOTION TO TRANSFER Case No. 05-01137 (RSM) PRESTON GATES & ELLIS, LLP 925 FOURTH AVE., SUITE 2900 SEATTLE, WASHINGTON 98104-1158
PH: 206.623.7580; FAX: 206.623.7022
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