Free Declaration - District Court of Delaware - Delaware

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Case 1 :08-cv-00127-GIVIS Document 12 Filed 05/09/2008 Page 1 of 3 `
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IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
CRS, LLC ) ‘
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Plaintiff ) _ _
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v. ) C.A. No. 08-127-GMS g
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TURNER BROADCASTING SYSTEM, )
INC. )
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Defendant. )
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DECLARATION OF DAVID VIGILANTE IN SUPPORT OF DEFENDANT I
TURNER BROADCASTING SYSTEM, INC.’S MOTION TO TRANSFER
TO THE WESTERN DISTRICT OF WASHINGTON I
I, David Vigilante, the undersigned, declare:
Z, I. I am the Vice President and Associate General Counsel for Defendant
Turner Broadcasting System, Inc. ("TBS, Inc."). I am over the age of 18 and competent
to testify to the matters contained in this Declaration. I have knowledge ofthe matters E O
stated herein based on my investigation ofthe facts as a corporate officer, and will testify `P
_ to the same if called upon to do so. I declare as follows: .
DECLARATION OF DAVID VIGILANTE IN SUPPORT OF MOTION TO I
TRANSFER CASE - I ‘
C.A. No. 08-127-GMS
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Case 1:08-cv-00127—GI\/IS Document 12 Filed 05/09/2008 Page 2 of 3 gi _

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2. The GameTap website is maintained by and on behalf of TGN, Inc., a
subsidiary of TBS, Inc. TGN is a Georgia corporation. TGN has no employees, offices,
or property in the State of Delaware. TGN does not have a registered agent for service of
process in Delaware. E -
3. The primary documentation regarding GameTap, including documents g
related to the development and noninfringement of the accused GameTap website, are in g
the possession of TGN, Inc., which is located in Atlanta, Georgia.
4. Although certain TBS, Inc. subsidiaries are incorporated in Delaware, i l
TBS, Inc. itself has no employees, offices or property in Delaware.
5. TBS, Inc. is not incorporated in Delaware and has no registered agent in

Delaware.
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6. TBS, Inc. is a Georgia corporation with its principal place of business in
Atlanta, Georgia
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I swear under penalty of perjury, under the laws of the United States, that the i
foregoing statements are true and accurate to the best of my knowledge.
4- Executed this day of May, 2008 at Atlanta, Georgia.
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p Q . 'lante E
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DECLARATION OF DAVID VIGILANTE IN SUPPORT OF MOTION TO
TRANSFER CASE - 2
C.A. No. 08-I27·Gl\/IS E

Case 1 :08-cv—OO127-GIVIS Document 12 Filed 05/O9/2008 Page 3 of 3
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CERTIFICATE OF SERVICE
I, Karen E. Keller, Esquire, hereby certify that on May 9, 2008, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
using CM/ECF, which will send notification that such filing is available for viewing a.nd
downloading to the following counsel of record:
Michael G. Busenkell, Esquire
Eckert Seamans Cherin & Mellott LLC
300 Delaware Avenue, Suite 1210
Wilmington, DE 19801
I further certify that on May 9, 2008, I caused a true a.nd correct copy of the foregoing
document to be served by e-mail and hand delivery on the above-listed counsel of record a.nd on
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the following non-registered participants in the manner indicated:
BY E—MAIL
Robert Rohde, Esquire, Esquire [[email protected]]
Rohde & Van Kempen PLLC
1001 Fourth Avenue, Suite 4050
Seattle, WA 98154-1000
YOUNG CONAWAY STARGATT
& TAYLOR, LLP
W /s/Karen E. Keller
Karen E. Keller (No. 4489) [[email protected]]
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19899
(302) 571-6600
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DB02:6757477.l 0672661001 i

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