MORIARTY DECLARATION ISO FTC Page 1 

OPPOSITION TO 12(B)(2) MOTION TO DISMISS 

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Laura D. Berger (FL Bar No. 11762) 

Federal Trade Commission 

901 Market Street, Suite 570 

San Francisco, CA 94103 

P: (202) 326-2471/F: (415) 848-5184 

lberger@ftc.gov 

Kevin H. Moriarty (DC Bar No. 975904) 

Cathlin Tully (NY Bar) 

Federal Trade Commission 

600 Pennsylvania Avenue NW, Mail Drop CC-8232 

Washington, DC 20580 

P: (202) 326-2949/F: (202) 326-3062 

kmoriarty@ftc.gov; ctully@ftc.gov 

Attorneys for Plaintiff Federal Trade Commission 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

 v. 

D-LINK CORPORATION, et al., 

 Defendants. 

No. 3:17-CV-00039-JD 

DECLARATION OF KEVIN H. 

MORIARTY IN SUPPORT OF 

PLAINTIFF FEDERAL TRADE 

COMMISSION’S RESPONSE TO 

DEFENDANT D-LINK 

CORPORATION’S MOTION TO 

DISMISS FOR LACK OF PERSONAL 

JURISDICTION 

I, Kevin H. Moriarty, declare as follows: 

1. I am an attorney for the Federal Trade Commission (“FTC”) in this matter. I 

submit this declaration in support of the FTC’s Response in Opposition to Defendant D-Link 

Corporation’s Motion to Dismiss. The matters stated in this declaration are true of my own 

knowledge and, if necessary, I could and would testify competently thereto. 
MORIARTY DECLARATION ISO FTC Page 2 

OPPOSITION TO 12(B)(2) MOTION TO DISMISS 

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2. Attached hereto as Exhibit A is a true and correct copy of excerpts of Volume I of 

the transcript of the Investigational Hearing of William Brown, conducted by Laura D. Berger on 

July 29, 2014, with highlighting added by the FTC. 

3. Attached hereto as Exhibit B is a true and correct copy of excerpts of Volume II 

of the transcript of the Investigational Hearing of William Brown, conducted by Laura D. Berger 

on July 30, 2014, with highlighting added by the FTC. 

4. Attached hereto as Exhibit C is a true and correct copy of a document entitled DLink Corporation’s Annual Report that I downloaded from 

http://www.corpasia.net/taiwan/2332/annual/2015/EN/Annual%20Report%202015_kaNR6TyRa

f3J.pdf on April 10, 2017. 

5. Attached hereto as Exhibit D is a true and correct copy of a letter from counsel for 

D-Link Systems, Inc. to Laura D. Berger, provided on January 9, 2015, with page numbers 

added by the FTC. 

6. Attached hereto as Exhibit E is a true and correct copy of a letter from counsel for 

D-Link Systems, Inc. to Laura D. Berger, dated February 17, 2015, with page numbers added by 

the FTC. 

7. Attached hereto as Exhibit F is a true and correct copy of screenshots of the 

listing for “mydlink Lite” on the Apple, Google Play and Windows mobile app stores I recorded 

on April 11, 2017. 

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

true and correct. 

Executed this 17th day of April, 2017 at Washington, DC. 

 /s/ Kevin H. Moriarty 

KEVIN H. MORIARTY