Free Declaration - District Court of Delaware - Delaware

Case 1:08-cv-00111-G|\/IS Document 16 Filed 05/15/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR. THE DISTRICT OF DELAWARE
W. L. GORE & ASSOCIATES, {NC. and )
GORE ENTERPRISE HOLDINGS, ENC, )
)
Plaintiffs, )
) C.A.No. O8~11I (GMS)
v.. )
)
VALEO—SYLVAl\1IA L.L.C. and LABEL )
TECHNOLOGIES, INC., )
)
Defendants. )
DECLARATION OF BRIAN TAPP
STATE OF GEORGIA )
) ss.
COUNTY OF GWINNETT )
I, Brian Trapp, hereby afnrm and state as follows:
lr I am the president of Label Technologies, Inc. (“LTI”)- I have personal
knowledge ofthe facts contained in this declaration.
2. I have reviewed the allegations and arguments in PiaintiH&`s’ Answering Brief in
Opposition to Defendant LTI’s Motion to Disrniss for Lack of Persona] Jurisdiction ("PIaintiffs’
Answering Brief"). a
3. LTI knew that its Yellow--76 vents were used in the Chrysler Aspen and
potentially the Dodge Durango.
4. Contrary to the arguments in Pla.inti£t`s’ Answering Brief, LTI had no knowledge
that Chrysler Aspens or Dodge Durangos were assembled in Newark, Delawme prior to
reviewing PIain1;iFi`s’ Answering Briefl

Case 1:08-cv-00111-GMS Document 16 Filed 05/15/2008 Page 2 of 3
5.. LTI has supplied its Yellow-76 vents to Valeo since only November 2007. All of
these shipments have been to Indiana.
6. LTI designs its Yellow-76 vents to meet the specifications ot`Valeo. LTI does not
design its vents for any specific state. .
7. LTl’s communications with Chrysler have been limited to discussions about
venting performance. The location of`Chrysler’s assembly plant is irrelevant to LIPS design and
sale of its Yellow—76 vents to Valeo. Therefore, LTI never inquired as to where the Aspens and
Durangos were assembly and never learned about the assembly plant location prior to reviewing
P1aintift`s’ Answering Brief.
3. LT1 does not have any channels for end users in Delaware to contact LTI about its
component vents.
9. L'l"I’s income nom Vaieo is solely based on the amount LTI charges on a per unit
basis. LT I does not receive any compensation for sales to end users of the automobiles that
include the Yellowf/6 vents.
10. Prior to the tiling of PlaintiiTs’ Complaint, LTI’s total sales of its Yellow—76 vents
to Valeo were $7800.
I state under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Dated this 15th day of May, 2008.
........
lmn:¤¤gcDKC__33S·1368_E (2).DOC *2-V

Case 1:08-cv-00111-GMS Document 16 Filed 05/15/2008 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on the 15th of May, 2008, I caused to be hand delivered the
foregoing document on counsel below and electronically tiled the same with the Clerk of Court
using CM/ECP which will send notification of such iiling(s) to the following:
Karen Jacobs Louden
Rodger D. Smith II
Morris, Nichols, Arsht & Tunnell, LLP
Chase Manhattan Centre, 18m Floor
1201 North Market Street
RO, Box 1347
Wilmington, Delaware 19899-1347
Anne Shea Gaza (#4093) g l
gaza@rl£com
arlrzamssz-1

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