Free Declaration - District Court of Delaware - Delaware

Case 1:08-cv-00111-Gl\/IS Document 12 Filed 04/16/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR ’I"I—[E DISTRICT OF DELAWARE
W. L. GORE & ASSOCIATES, INC. and )
GORE ENTERPRISE HOLDINGS, INC., ) .
)
Plaintiffs, )
) C.A. N0. 08-111 (GMS)
v. )
)
VALEO·-SYLVANIA L..L.C. and LABEL )
TECHNOLOGIES, INC., )
)
Defendants. )
DECLARATION OF BRIAN__’"l`AI’I’
STATE OF GEORGIA )
) ss.
COUNTY OF GWINNETT ) .
I, Brian Tapp, hereby affitm and state as follows:
I. I am the president of Label Technologies, Inc. {‘°L`I`l"’). I have personal
knowledge of the facm contained in this declaration.
2. LTI is a Georgia corporation with its principal place of business in Sewanee,
Georgia.
3. LTI is a specialty manufactuirer that mmnufactmes and sells, among other things,
automotive lamp venting products,
4. The plaintiffs in this action, Wl., Gore & Associates, Inc. and Gore Enterprise
Holdings, Inc., allege that LTI is inducing the infringement of and/or connibutorily infringing
the Plaintiff? {LS. Patent No. 6,210,014 Bl (the “’0I4 Patent") by making, using, selling and! or
oflieriing for sale vents for incorporation in motor vehicle lamps that are covered by the ‘014
Patent, including LTI’s Ye;-:llow—76 vents. ·

Case 1:08-cv-00111-GMS Document 12 Filed 04/16/2008 Page 2 of 4
5. L"`l`l’s Ye1low~76 vents are sold to automotive lamp manutfacturers for use as a
component part in automotive lamps. The automotive lamps are then solcl to automotive
manufacturers for use in various types of automobiles. The Ye1low—'76 vents have no other
purpose other than for use as component parts in automobile lamps. `
6. Plaintiffs further allege claims of patent izihingement against Valeo»Sylva11ia,
L.L.C. ("Valeo”) for making, using, selling and/or offering for sale motor vehicle lamps that are
covered bythe ‘0l 4 Patent, including lamps that incorporate LIPS Yellow-76 vents.
7. All products manufacturect by LT}. and sold to Valeo are delivered to Valeo in the
state oftlndiana. LTI has never sold or shipped to Valeo any products in Delaware.
8- L"i'l’s Yellow!/6 vents are manufactured in Suwanee, Georgia LTI has never
sold its Yellow—76 vents to any automotive lamp manufacturers in Delaware. LTI has never sold
its Yellow-76 vents in Delaware or shipped any such products to Delaware. ‘
9. LTI has never employed any officers, employees or agents in Delaware except for
an attorney in connection with his defense ofthe claims related to this litigation.
10. LTI has never sold any products to any distributor or individual in Delaware.
I l. LTI has never directly shipped any products to Delaware. ·
12. LTI has never targeted any advertising to Delaware.
13. LTI has never been licensed to do business in Delaware.
I4. LTI has no plans to specifically target Delaware customers.
I5. LTI has never had an agent for service of process in Delaware. »
l6. LTI has not entered into any contracts in Delaware.
17. LTI has never leased or owned property in Delaware.
l 8. LTI has never maintained in oliice, facility or telephone listing in Delaware.
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Case 1:08-cv-00111-GMS Document 12 Filed 04/16/2008 _Page 3 of 4
19. LTI has never had a bank account ia Delaware.
20. LTI maintains a website at available to anyone with access to
the World Wide Web. The website does not allow for product ordering and is merely an
informational website for LTI and its products.
21. LTI has never paid any taxes or franchise fees in Delaware.,
22. LTI has never purposely directed any action towards Delaware and it could not
reasonably foresee that it would be hated into a Delaware court. "
I state under penalty of perjury under the laws ofthe United States of America that the
foregoing is tmc and correct
Dated this 16 day of April, 2008.
42
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Case 1:08-cv-00111-GMS Document 12 Filed 04/16/2008 `Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on the 16m day of April, 2008, I caused to be hand delivered a copy
of the foregoing document and electronically tiled the same with the Clerle of Court using
CM/ECF which will send notincation of such tlling(s) to the following:
Rodger D, Smith
Morris, Nichols, Arsht & Tunnel], LLP
Chase Manhattan Centre, 18m Floor
1201 North Market Street -
Post Office Box 1347
Wilmington, Delaware l9899~1 347
(302) 35l—9205
Anne Shea Gaza (#4093) .
gaza@rl£c0m
- 15 -
I{l..Fl-3273953-l

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