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Case 1:11-cv-00834-SLR Document 154-1 Filed 02/13/12 Page 1 of 3 PageID #: 1065

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE








CYBERFONE SYSTEMS, LLC,



Plaintiff,




v.


FEDERAL EXPRESS CORPORATION, ET
AL.,



Defendants.











Civil Action No. 1:11-cv-834-SLR


DEMAND FOR JURY TRIAL






DECLARATION OF ROCCO L. MARTINO IN SUPPORT OF CYBERFONE
SYSTEMS, LLC’S ANSWERING BRIEF IN RESPONSE TO DEFENDANT HYATT
CORPORATION’S MOTION TO DISMISS HYATT CORPORATION AS A PARTY
FOR MISJOINDER, OR IN THE ALTERNATIVE, TO SEVER AND TRANSFER THE

CLAIMS AGAINST HYATT CORPORATION

I, Rocco L. Martino, declare and state as follows:

1.

I am the founder, Chairman, and CEO of Cyber Technology Group, Inc. and

CyberFone Technologies, Inc. I have personal knowledge of the facts contained in this

declaration and, if called upon to testify to the truth of them, I could and would do so

competently.

2.

I understand that CyberFone Systems, LLC (“CyberFone”) has alleged that Hyatt

Corporation (“Hyatt”) and the other defendants in this action infringe U.S. Patent Nos.

5,805,676; 5,987,103; and 6,044,382 (“Asserted Patents”). I am the sole named inventor on the

Asserted Patents.

3.

I also understand this litigation is presently before the U.S. District Court for

Delaware and that Hyatt seeks to transfer the case to the U.S. District Court for the Northern

District of Illinois. It is also my understanding that CyberFone has asserted at least one of the

2995-014 Martino Declaration.doc

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Case 1:11-cv-00834-SLR Document 154-1 Filed 02/13/12 Page 2 of 3 PageID #: 1066

Asserted Patents in five other lawsuits that are also currently pending in the United States

District Court for Delaware.

4.

I am currently a resident of Villanova, Pennsylvania, and have been for the past

47 years. My home is approximately 30 miles from the U.S. District Court in Delaware. In

contrast, I live nearly 800 miles from the U.S. District Court in Chicago, Illinois.

5.

I have extensive ties to my community and devote a significant amount of my

time to charitable and philanthropic organizations in Pennsylvania. I am also an author with

twenty published books, and am working on two books at this time. In 1990, my wife and I

created the Rocco and Barbara Martino Foundation with the objective of impacting leadership in

Catholic youth and in furthering the objectives of the Catholic Church institutions and programs,

especially in education. In addition, I am currently the Co-Chair of the Spirituality Committee

of the Subpriory of Our Lady of Lourdes of the Sovereign Military Order of Malta, and a

member of various committees of the Archdiocese of Philadelphia, the Audit Committee of the

Papal Foundation, the Executive Committee of the Stewards of St. John Neumann, and various

other charitable and church organizations. I typically spend more than 40 hours each week

attending meetings, conducting presentations, researching and reading reports, managing the

issuance of scholarships and grants, and writing my books, drafting articles and writing blogs on

behalf of these organizations and on topics I believe important. I also spend considerable time

undergoing medical tests and examinations and receiving treatments primarily from doctors in

Philadelphia, Pennsylvania.

6.

I am 82 years old. I will be 83 in June. It would be a significantly greater

inconvenience to me with regards to travel time and physical discomfort if I were required to

appear in person in Illinois instead of Delaware. My wife and I have four sons and thirteen



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Case 1:11-cv-00834-SLR Document 154-1 Filed 02/13/12 Page 3 of 3 PageID #: 1067

grandchildren who all live in either Upper Marion, Pennsylvania; Annapolis, Maryland; or

McLean Virginia. Due to my age and physical ailments, I am very much disinclined to be away

from my home, family, and primary physicians and source of medical care.

7.

In addition, I developed and reduced to practice the inventions of the Asserted

Patents in Wayne and Villanova, Pennsylvania. Between 1996 and 2000, I had numerous

prototypes built that embody the technologies of the Asserted Patent. Some of these still exist

and are in my possession in Villanova, Pennsylvania. Three of the prototypes are somewhat

functional; others are capable of being functional. These existing devices are somewhat fragile,

however, since each of the prototypes were individually hand-wired and soldered 12 to 16 years

ago. The prototypes would hopefully survive a short car ride to Delaware, but might fall apart

and suffer irreparable damage if transported by air or truck to Illinois. Accordingly, any

inspection of the prototypes should take place in the environs of Villanova, Pennsylvania.

I declare under penalty of perjury under the laws of the United States that the foregoing is

true and correct.



Dated: February 13, 2012














________________________________
Rocco L. Martino, Ph.D., D.Sc., P.Eng.



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