Free Declaration - District Court of Delaware - Delaware

Case 1 :05-cv-00486—Gl\/IS Document 8 Filed 08/16/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TEXTRON INNOVATIONS INC., )
)
Plaintiff, )
)
v. ) C. A. No. 05—486 (GMS)
)
THE TORO COMPANY, )
)
Defendant. )
DECLARATION OF DAVID S. KLIS
Richard L. Horwitz
David E. Moore
POTTER ANDERSON & CORROON LLP
OF COUNSEL: Hercules Plaza, 6m Floor
1313 N. Market Street
Earl D. Reilaod Wilmington, Delaware 19899-0951
Thomas R. Johnson (302) 984-6000
MERCHANT & GOULD P.C. rhorwitz@gotter·anderson.com
3200 IDS Center dmoor·e{@,gottera11ders0n.com
80 South Sth Street
Minneapolis, MN 55402 Attorneys for Defendant
(612) 332-5300 The T 01*0 Company
Dated: August T6, 2005

Case 1 :05-cv-00486—Gl\/IS Document 8 Filed 08/16/2005 Page 2 of 4
IN TJEIE UNITED STATES DISTRICT COURT
FOR. TI-IE DISTRICT OF DELAWARE
Q }
TEXTRON INNOVATIONS, INC., )
) CIVIL ACTION NO, 05-486 (GMS)
Plaintiff, )
)
v-l )
)
THE TORO COMPANY , )
)
Defendant. )
}
DECLARATION OF DAVID S. KLIS
I, David S. Klis, declare as follows:
1. I am 56 yous of age. My residence is located at 16710 45th Ave. N., Plymouth, Minnesota
55446.
2. I am an employee of The Toro Company ("Toro"), located at 8111 Lyndale Ave. S.,
Bloomington, Minnesota 55420.
3. I have been an employee of Toro for about 31 years. I have extensive factual knowledge
about Toro generally, research and development of ` its products, the location of its facilities,
and sales and marketing of its products. l
4. My title is the Director of"l`echnica.l Operations of the Commercial Division. I have held
this position since about 2000. James R. Swindal was the Managing Director of Technical
Operations of the Commercial Division prior to me taking on that position.
5. As Director of Technical Operations ofthe Commercial Division I have responsibilities for
research, development, and ongoing engineering support for new and existing commercial
· turf-maintenance products, which inclucle_ Toro's Groundsmaster 3500-D, 4500-D, and 4700— `

Case 1 :05-cv-00486—G|\/IS Document 8 Filed 08/16/2005 Page 3 of 4
D products and their predecessors. lt is my understanding that these are among the principal
products 'Yextron Innovations, Inc. is accusing of patent infringement in this case?
6, Aside froro being incorporated in Delaware, and selling a relatively small fraction of its
products there, Toro has few contacts with Delaware 'I`oro's corporate employees,
engineers, books and records are located in Minnesota Toro's research, design,
development, sales and marketing deparments for the accused products are also iocated in
Minnesota. “l`oro's facility that manufactures the accused products is located in Tomah,
Wisconsin, which is only about 2 1/2 hours drive from Tor0's Minnesota Headquarters.
I declare under penalty of perjury ofthe laws of the United States that the foregoing is true
and correct.
Executed this l5th day of`Arug,ust 2005 .
David S. Klis

Case 1:05-cv-00486—Gl\/IS Document 8 Filed 08/16/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, David E. Moore, hereby certify that on August 16, 2005, the attached document
was hand delivered to the following persons and was electronically tiled with the Clerk of
the Court using CM/ECP which will send notification of such ti1i11g(s)to the foilowing
and the document is available for viewing and downloading from CMfECF:
Edmond D. Johnson
Peter B. Ladig
The Bayard Firm
222 Delaware Avenue, Suite 900
Wilmington, DE 1980}
I hereby certify that on August 16, 2005, I have Federal Expressed the documents
to the following riomregistered participants:
Scott L. Robertson
Christopher C. Campbell
Hunton & Williams LLP
1900 K Street, NZW.
Washington, DC 20006-1 109
iri iiii -:~.,,.,_
.,_=:;;;-mn:§.i‘q,,_;:" 2.::;:2 _:=*` “’—*.;_i;:E:%:;:ww
Richard L. Horwitz
David E. Moore
Hercules Plaza, 6m Floor
1313 N. Market Street
Wilmington, Delaware 19899—095l
(302) 984-6000
[email protected]
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695031