Free Declaration in Support - District Court of California - California

Case 5:07-cv-04507-JF

Document 45

Filed 12/18/2007

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1 ROBERT J. YORIO (SBN 93178) [email protected] 2 COLBY B. SPRINGER (SBN 214868) [email protected] 3 CHRISTINE S. WATSON (SBN 218006) [email protected] 4 CARR & FERRELL LLP 2200 Geng Road 5 Palo Alto, California 94303 Telephone: (650) 812-3400 6 Facsimile: (650) 812-3444 7 Attorneys for Plaintiff ACTICON TECHNOLOGIES LLC 8 9 10 11 12 13 ACTICON TECHNOLOGIES LLC, 14 15 v. Plaintiff, DECLARATION OF CHRISTINE S. WATSON IN SUPPORT OF PLAINTIFF ACTICON TECHNOLOGIES LLC'S ADMINISTRATIVE MOTION FOR AUTHORIZATION TO SERVE COMPLAINT AND SUMMONS BY ALTERNATIVE MEANS AND EXTENSION OF TIME TO COMPLETE SERVICE CASE NO. C 07-4507 JF (HRL) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

16 PRETEC ELECTRONICS CORPORATION, a dissolved California corporation; PTI 17 GLOBAL, INC., a California corporation; CHIU FENG CHEN, an individual; GORDON 18 YU, an individual; TOMMY HO, an individual; ROBERT WU, an individual; GRACE YU, an 19 individual; KUEI LU, an individual; and DOES 1 through 20, 20 Defendants. 21 22 23 I, Christine S. Watson, declare as follows: 1.

I am an attorney at law licensed to practice before this Court and a member of the

24 law firm of Carr & Ferrell LLP, counsel of record for ACTICON TECHNOLOGIES LLC 25 ("ACTICON"), on whose behalf I make this declaration. I am one of the attorneys responsible for 26 representing ACTICON in this action, and the facts set out herein are within my personal 27 knowledge, or are based on documents in my possession and other information to which I have 28 access in the course of my duties. If called upon to do so I could and would testify to the truth -1Watson Decl. ISO Plaintiff's Administrative Motion for Alternative Service and Ext. of Time C 07-4507 JF (HRL)

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1 thereof. 2 2. Plaintiff ACTICON filed its Complaint against Defendant PTI GLOBAL, INC.

3 ("PTI GLOBAL, INC.") in this Court on August 20, 2007 for patent infringement and other causes 4 of action. 5 3. On October 5, 2007, Chi-Lin Tom, General Manager for PTI GLOBAL, INC., was

6 personally served with the Complaint, Summons and necessary associated documents at 231 7 Whitney Place, Fremont, California, on behalf of PTI GLOBAL, INC. Attached hereto as Exhibit 8 "A" is a true and correct copy of the Proof of Service of Process upon Defendant PTI GLOBAL, 9 INC. 10 4. With the assistance of a private investigator, counsel for ACTICON located

11 residential addresses for Defendants GRACE YU, KUEI LU and CHIU FENG CHEN. 12 5. Counsel for ACTICON was unable to locate a residential address for Defendants

13 TOMMY HO, ROBERT WU or GORDON YU. 14 6. Counsel for ACTICON does not possess any address information for Defendant

15 CHIU FENG CHEN other than the address provided by the investigator and which the process 16 server visited. 17 7. Counsel for ACTICON received a copy of the Statement of Information for

18 PRETEC ELECTRONICS CORPORATION dated June 20, 2005 on December 3, 2007. 19 8. I was unable to obtain a stipulation regarding the relief requested in ACTICON's

20 motion due to the fact that the parties have not yet been served with the Complaint and Summons in 21 this action and because I am unaware of the contact information for Defendants CHIU FENG 22 CHEN, TOMMY HO, ROBERT WU and GORDON YU. 23 9. A true and correct copy of the Declaration Re: Due Diligence regarding GRACE YU

24 is attached as Exhibit "B". 25 10. A true and correct copy of the Declaration Re: Due Diligence regarding KUEI LU is

26 attached as Exhibit "C". 27 11. A true and correct copy of the Declaration Re: Due Diligence regarding CHIU

28 FENG CHEN is attached as Exhibit "D". -2Watson Decl. ISO Plaintiff's Administrative Motion for Alternative Service and Ext. of Time C 07-4507 JF (HRL)

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1

12.

A true and correct copy of the Statement of Information for PRETEC

2 ELECTRONICS CORPORATION dated June 20, 2005 is attached as Exhibit "E". 3 4 I declare under penalty of perjury under the laws of the State of California and the United

5 States that the foregoing is true and correct. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Watson Decl. ISO Plaintiff's Administrative Motion for Alternative Service and Ext. of Time C 07-4507 JF (HRL) /s/ Christine S. Watson Christine S. Watson Executed this 18th day of December 2007, in Palo Alto, California.

Case 5:07-cv-04507-JF

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Filed 12/18/2007

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