Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :04-cv—01451-SLR Document 16-3 Filed 04/13/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR TI~IE DISTRICT OF DELAWARE
CIeIIH—WEN CHUNG. )
an individual and a Taiwanese Citizen, )
riamrirn i
T v. T C.A. No. 04-1451 SLR
LUMATEC INDUSTRIES, INC., T
a corporation organized under the laws )
of Texas, )
I
Detendant. )
SUPPLEMENTAL DECLARATION OF PETER ALTMAN
1. My name is Peter Altman. I am the President Lumatec Industries, Inc.
("Lurnatec"). 1 ani over twenty—one years of age. I have personal knowledge ol' the facts
contained in this Declaration. I make this Declaration in support ot` Lumatec’s Renewed Motion
p to Dismiss or Transter. I also make this Declaration to supplement and clarify l..LIITI21i€C’S
Response to Plaintift"s First Set of Interrogatories.
2. Lumatec has done business in the past with the following customers in Delaware:
Stantiord Screenprinting, Greenville, DE (last sale date January 6, 2005)
Vision Creations, Wilmington, DE (last sale date July 25, 2003)
Marketing Solutions, Middletown, DE (last sale date September 17, 2001)
Jordan Marketing, Inc., Wilmington, DE (last sale date April 27, 2001)
G&G Outfitters, Inc., Newark, DE (last sale date_January 8, 2001)
Joseph W. Small Associates, Wilmington, DE (last sale date November 7. 2000)
T Reminders, Newark, DE (last sale date September I0, 1999)
p A Lasting Impression, Wilmington,. DE (last sale date May 13, 1999) U

Case 1 :04-cv-01451-SLR Document 16-3 Filed 04/13/2005 Page 2 of 3
Browseabout Shops, lnc., Rehoboth Beach, DE (first sale date April 1995)
University of Delaware Bookstore, Newark, DE (all sales in 2004)
Billie’s By The Beach. Lewes, DE (all sales in the last quarter ot`2004)
Everything But The Kitchen Sink, 1~1ocl 3. Lumatec`s sales to Delaware totaled 0.04% of Lumatec’s total sales in 1996,
0.13% of Lun1atec’s total sales in l_997, 0.12% of Lumatec’s total sales in 1998, 0.2218% of
Lumatec’s total sales for 1999, 0.1417% of Lumatec’s total sales in 2000, 0.3914% Ol"Ll.ll13E1l€C’S
total sales in 2001, 0.4725 of Lumatec’s total sales for 2002, 0.2736% of Lumatee’s total sales
for 2003. and 0.26% of Lumatec’s total sales for 2004.
4. Lumatec operates two Internet web sites. The first, vvw__t;;,_ltggg,_a_t·,;e__gg_,g,__i_n__,
advertises Lumatecfs products and allows consumers to purchase directly from that site. The
"Octopus," the product that is the subject of this lawsuit, was never advertised or sold on that
web site. Annual sales from that weh site amount to less than 1% of Lumatec’s overall annual
sales.
5. The second web site is v,;yyvv.louoliahts.coni. This web site is targeted to retail
outlets who may be interested in selling Lumatec products. This web site does not provide for
i online purchases. The Octopus was advertised on this web site from lahuary through October,
1994.
6. Lurnatetfs web sites were not created in Delaware and are not hosted in
Delaware. I
7. Lumatec has a catalogue that is occasionally issued to retailers. Although
Lumatec does not keep records of to whom it ships those catalogues, we believe that one or two
copies may have been shipped to Delaware. The Octopus has never been advertised in our retail

Case 1 :04-cv-01451-SLR Document 16-3 Filed 04/13/2005 Page 3 of 3
catalogues.
8. In 2004 Lumatec also issued a one-time premium catalogue which advertised the
Octopus. As far as we are aware, only one copy of that catalogue was sent to Delaware, and the
Octopus was never ordered from Delaware.
8. l declare, under penalty of perjury of the laws of the United States, that the
foregoing is true and correct to the best of 1ny knowledge. intbrmation and belief. Executed in
Austin. Texas on this l3th day of May, 2005.
Peter Altrnai