PAGE 1 – AMENDED JOINT STIPULATIONS

UPM-L1\00702189.000 

 

TOMASI BRAGAR DUBAY 

121 SW Morrison Street, Suite 1850 

Portland, Oregon 97204 

Telephone: (503) 894-9900 

Facsimile: (971) 544-7236 

Kathryn P. Salyer, OSB #883017 

Eleanor A. DuBay, OSB #073755 

Blake Van Zile, OSB #184672 

ksalyer@tomasilegal.com 

edubay@tomasilegal.com 

bvanzile@tomasilegal.com 

Tomasi Bragar DuBay 

121 SW Morrison Street, Suite 1850 

Portland, Oregon 97204-3136 

Telephone: (503) 894-9900 

Facsimile: (971) 544-7236 

Of Attorneys for Defendants and 

Counterclaim Plaintiff 

Anne Talcott

Email: atalcott@schwabe.com 

Schwabe, Williamson & Wyatt, P.C. 

Pacwest Center 

1211 SW 5th Ave., Suite 1900 

Portland, OR 97204 

Telephone: 503.796.2958 

Facsimile: 503.796.2900 

 Of Attorneys for Plaintiff and 

 Counterclaim Defendants 

A complete list of counsel appears on 

the signature page. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

UNIGESTION HOLDING, S.A., d/b/a 

DIGICEL HAITI, 

 Plaintiff and Counter-Claim Defendant 

v. 

UPM TECHNOLOGY, INC. d/b/a UPM 

TELECOM, INC., et al.

 Defendants and Counter-Claim Plaintiffs

Case No. 3:15-CV-00185-SI 

AMENDED JOINT STIPULATIONS

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 1 of 9
PAGE 2 – AMENDED JOINT STIPULATIONS

UPM-L1\00702189.000 

 

TOMASI BRAGAR DUBAY 

121 SW Morrison Street, Suite 1850 

Portland, Oregon 97204 

Telephone: (503) 894-9900 

Facsimile: (971) 544-7236 

Pursuant to the Trial Management Order [ECF #191], Unigestion Holdings, S.A., 

dba Digicel-Haiti ("Digicel-Haiti") and UPM Technology, Inc. and Bruce Tran (collectively, 

"UPM") stipulate that the attached facts may be considered stipulated to for purposes of the trial 

in this case. The attached joint stipulated facts substitute and replace any prior filed joint stipulated 

facts. 

Dated: November 13, 2022.

Respectfully submitted, 

By: /s/ Anne Talcott 

Anne Talcott, OSB # 965325 

Kathryn E. Kelly, OSB #175162 

Andrew J. Lee, OSB #023646 

SCHWABE, WILLIAMSON & WYATT, 

P.C. 

1211 SW 5th Ave., Ste. 1900 

Portland, OR 97204 

Telephone: 503.796-2958 

Facsimile: 503.796.2900 

Email: atalcott@schwabe.com 

 kkelly@schwabe.com 

ajlee@schwabe.com 

Attorneys for Plaintiff 

By: /s/ Robert C. L. Vaughn 

Robert C. L. Vaughan (Pro Hac Vice) 

Cherine Smith Valbrun (Pro Hac Vice) 

Leah B. Storie (Pro Hac Vice) 

Anisha Carla Atchanah (Pro Hac Vice) 

KIM VAUGHAN LERNER LLP 

One Financial Plaza, Suite 2001 

Fort Lauderdale, FL 33394 

Telephone: (954) 527-1115 

Facsimile: (954) 527-1116 

E-mail: rvaughan@kvllaw.com 

cvalbrun@kvllaw.com 

lstorie@kvllaw.com 

aatchanah@kvllaw.com 

Attorneys for Plaintiff 

By: /s/ Kent D. Bressie 

Kent D. Bressie (Pro Hac Vice) 

HWG LLP 

1919 M Street N.W., Suite 800 

Washington, D.C. 20036 

Telephone: 202-730-1337 

Facsimile: 202-730-1303 

Email: kbressie@hwglaw.com 

Attorneys for Plaintiff 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 2 of 9
PAGE 3 – AMENDED JOINT STIPULATIONS

UPM-L1\00702189.000 

 

TOMASI BRAGAR DUBAY 

121 SW Morrison Street, Suite 1850 

Portland, Oregon 97204 

Telephone: (503) 894-9900 

Facsimile: (971) 544-7236 

By: /s/ Eleanor A. DuBay 

Eleanor A. DuBay, OSB #073755 

Blake Van Zile, OSB #184672 

TOMASI BRAGAR DUBAY 

121 SW Morrison Street, Suite 1850 

Portland, OR 97204-3136 

Telephone: (503) 894-9900 

Facsimile: (971) 544-7236 

Email: edubay@tomasilegal.com 

 bvanzile@tomasilegal.com 

Attorneys for Defendants 

By: /s/ Christopher W. Savage 

Christopher W. Savage, D.C. Bar #362657 

Katherine Sheriff, D.C. Bar #1632141 

(Admitted Pro Hac Vice) 

DAVIS WRIGHT TREMAINE LLP 

1301 K Street NW, Suite 500 East 

Washington, DC 20005-3317 

Telephone: (202) 973-4200 

Facsimile: (202) 973-4499 

Email: chrissavage@dwt.com 

katherinesheriff@dwt.com 

Attorneys for Defendants 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 3 of 9
Pursuant to the Trial Management Order [ECF #191], Unigestion 

Holdings, S.A., dba Digicel-Haiti ("Digicel-Haiti") and UPM Technology, Inc. and 

Bruce Tran (collectively, "The Defendants") stipulate that the following facts may be 

considered stipulated to for purposes of the trial in this case. 

STIPULATIONS 

1. The Plaintiff in this case is Unigestion Holdings, S.A., doing 

business as Digicel Haiti, Inc. (Digicel Haiti). Digicel Haiti provides mobile 

telecommunications services in Haiti and has more than four million customers. It 

operates solely within Haiti and has more than 900 employees. 

2. One of the defendants in this case is UPM Technology, Inc. (UPM) 

UPM is an Oregon corporation. UPM was doing business as UPM Telecom, Inc. UPM 

Technology was also previously known as UPM Marketing, Inc., but changed its 

corporate name to UPM Technology, Inc. in 2014. During the period relevant to this 

lawsuit, UPM participated in the spot market for international resale to identify other 

carriers that had traffic that terminated in other countries. 

3. The other Defendant is Mr. Bruce Tran, who is the owner and 

Chief Executive Officer of UPM. 

4. UPM purchased bulk quantities of Digicel Haiti’s SIM cards from

third-parties. “SIM” is an acronym for “Subscriber Identity Module.” Each SIM card 

contains a unique identification number and other information used to “authenticate” 

the card on a telecommunication carrier’s network, enabling the card to be used to make 

calls. Typically, an individual cell phone user would purchase a SIM card to be used 

for making calls from a specific cell phone, or handset. 

5. Each SIM card has an associated account in Digicel-Haiti’s 

system. For pre-paid wireless service, which is the only form of service relevant to this 

case, a SIM card must have money in its account in order to be used to make calls. 

Adding money to a prepaid SIM card is called “recharging” or “topping up” the SIM 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 4 of 9
card. UPM would install multiple SIM cards on devices (known as “SIM Units”), which 

were typically in Oregon. 

6. If a carrier, such as Digicel Haiti, deactivates (or de-authenticates) 

a SIM card, that card can no longer be used to make calls. 

7. A Gateway device can contain multiple radios, or radio 

transmitters. After being received by UPM’s Gateway device in Haiti, the call (which 

began in the United States) would be transmitted to Digicel Haiti’s cellular 

communications network in Haiti, for termination on a Digicel Haiti subscriber handset. 

(In this context, “termination” means the location where a call is shown to be received 

for purposes of a telecommunications company’s tracking and billing records.) These 

calls would appear to Digicel Haiti to be local calls that had begun in Haiti. Digicel 

Haiti would charge these calls as local. 

8. For another category of calls, UPM would use SIM cards that were 

registered with Digicel Haiti for Digicel Haiti’s discounted program known as “Roam 

Like You’re Home” (RLYH). In this scenario, when a call that originates in the United 

States intended for Haiti reached UPM’s softswitch in the United States, UPM would 

route that call through Gateway devices here in Portland, where it would be associated 

with a call initiated using a Digicel Haiti SIM Card. For these calls, a Digicel Haiti 

roaming partner (a United States wireless carrier) would route the call to Digicel Haiti’s 

network in Haiti through the Digicel Haiti’s designated international switches in the 

USA. Digicel Haiti’s network would recognize that transmission as a call having begun 

in the United States by a RLYH Digicel SIM card and would charge the local rate for 

such a single call (and reduce the value remaining on the SIM card accordingly). 

Digicel Haiti would also charge the United States wireless carrier (directly or 

indirectly) $0.23 per minute for the call made by the Digicel Haiti Sim which was 

registered with RLYH. After a month, the subscription would run out and, unless the 

RLYH service was renewed, normal roaming rates would apply for calls back to Haiti. 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 5 of 9
9. To facilitate the termination of incoming international call traffic 

on Digicel Haiti’s network in Haiti, calls sent to Digicel Haiti are typically routed from 

the United States through one of two telephone switching systems designated by 

Digicel-Haiti and located in Miami, Florida, and New York City, New York. The 

designated international gateway switches provide centralized switching facilities that 

allow for the management, technical support, and quality control for the switching 

equipment responsible for transmission and direction of international calls to Digicel 

Haiti and other Digicel Group affiliates from carriers in the United States. DigicelHaiti’s affiliated entities are not parties to this lawsuit. 

10. The standard path for a call from the United States to an individual 

in Haiti is as follows. The caller in the United States (U.S. Caller) would place a call to 

a recipient in Haiti (Haitian Recipient). The call originates on a United States carrier’s 

network, and that carrier transfers the call to a wholesale international carrier. The 

wholesale international carrier recognizes the call as one that is directed to Haiti and 

sends the call to the designated switching system, in either New York or Miami. The 

call is then transmitted from that switch to a switch in Haiti owned and operated by 

Digicel Haiti. The switch in Haiti sends the call to a cell site in Haiti, also owned and 

operated by Digicel Haiti. From that cell site, the call is transmitted to the Haitian 

recipient’s cellular device. 

11. When a call is directed through the designated switching system

in Miami or New York, a Call Detail Record (CDR) is created at the switch. The CDR 

is complete when the call is completed. The CDR is a record generated by a switch that 

contains certain call information including the telephone number of the caller, the 

number of the recipient, the time the call was made, and the duration of the call. The 

information in the CDR about the calling and called telephone numbers is in the 

electronic signaling information transmitted from the sending switch as part of the 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 6 of 9
technical process of handing off the call from one switch to another. The Digicel Haiti 

switch typically records when the call begins and the duration of the call. 

12. When UPM was itself providing call termination on a destination

network, it would acquire SIM cards for use on that specific network. Each SIM card has 

a unique identification number, as well as a telephone number assigned to it by the 

destination network. “In-country bypass” refers to when UPM itself connected the calls 

to Digicel Haiti’s network in Haiti. In general terms, UPM would send calls via the 

Internet (using VoIP) to a Gateway in Haiti and, after converting the calls to GSM, 

transmit them to Digicel Haiti's network in Haiti. The Gateways were equipped with 

wireless telephone service radios, or “ports,” which would make calls on Digicel Haiti’s 

network. UPM’s Gateway would have multiple radios installed inside which allowed 

the Gateways to make multiple calls at the same time. 

13. Before UPM could make calls using its Gateway devices, it needed 

to have acquired SIM cards for Digicel Haiti’s network and recharged those SIM cards 

so that the calls would go through. UPM acquired Digicel Haiti SIM cards by paying 

individual people in Haiti to buy them. The individuals would ship the SIM cards back 

to UPM in Oregon. UPM would then mount the SIM cards into a device called a “SIM 

Unit.” The SIM Unit is essentially a large SIM card reader — a device that can read the 

information contained on a SIM card and transmit that information to other UPM 

equipment and send that information, as needed, to Haiti. 

14. To make a wireless call on Digicel Haiti’s network (and, in fact, 

any wireless network using standard technology), it is necessary to authenticate a SIM 

card on the network. To make a call, the radio in a UPM Gateway would transmit 

authentication data from the SIM Card to Digicel Haiti’s network and, after the network 

has confirmed that the SIM card is valid and has money in its account, the radio sends 

the network the call. At that point, Digicel Haiti’s network establishes a connection to 

the wireless phone of the party being called. 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 7 of 9
15. When using RLYH to terminate calls on the Digicel Haiti network, 

a call bound for Haiti would hit UPM’s softswitch and be directed, via the Internet, to 

a Gateway in Oregon, which would initiate a wireless call on the United States network 

of a Digicel Haiti roaming partner, such as AT&T. A SIM card enrolled in the RLYH 

program would be used to authenticate the call. The roaming partner would then get the 

call back to Haiti. 

16. When Digicel Haiti discovered that the calling and usage patterns 

of SIM cards differed from use by individual customers, Digicel Haiti would “deauthorize” those SIM cards so that calls associated with them could no longer be 

completed. 

17. Digicel-Haiti used various technical means to analyze the calling 

and usage patterns associated with particular SIM cards to determine if the SIM card 

was being used in Bypass, and, when it concluded that the calling and usage patterns 

were not consistent with a use by an individual subscriber, it deauthorized the affected 

SIM cards in its own system, so that calls associated with those SIM cards would no 

longer be completed. UPM knew that Digicel Haiti was taking steps to block SIM cards 

it identified as being used in Bypass. Digicel Haiti did not know who was using any 

particular SIM that was being used for Bypass. 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 8 of 9
PAGE 1 – CERTIFICATE OF SERVICE 

UPM-L1\00702189.000 

 

TOMASI BRAGAR DUBAY 

121 SW Morrison Street, Suite 1850 

Portland, Oregon 97204 

Telephone: (503) 894-9900 

Facsimile: (971) 544-7236 

CERTIFICATE OF SERVICE 

I hereby certify that on November 13, 2022, I served the foregoing AMENDED JOINT 

STIPULATIONS on the following individuals by electronic service to said individuals: 

Robert C.L. Vaughan 

Cherine Smith Valbrun 

Leah Storie 

Anisha Carla Atchanah 

Kim Vaughan Lerner LLP 

One Financial Plaza 

100 SE Third Avenue • Suite 2001 

Fort Lauderdale, FL 33394 

Email: rvaughan@kvllaw.com

Email: cvalbrun@kvllaw.com 

Email: lstorie@kvllaw.com 

Email: aatchanah@kvllaw.com 

Anne M. Talcott 

Kathryn E. Kelly 

Andrew J. Lee 

Schwabe, Williamson & Wyatt, PC 

Pacwest Center 

1211 SW 5th Ave., Suite 1900 

Portland, OR 97204 

Email: atalcott@schwabe.com

Email: kkelly@schwabe.com 

Email: ajlee@schwabe.com 

Kent D. Bressie 

HWG LLP 

1919 M Street N.W., Suite 800 

Washington, D.C. 20036 

Email: kbressie@hwglaw.com

 Dated: November 13, 2022. 

TOMASI BRAGAR DUBAY 

By: /s/ Eleanor A. DuBay 

Kathryn P. Salyer, OSB #883017 

Eleanor A. DuBay, OSB #073755 

Blake Van Zile, OSB #184672 

ksalyer@tomasilegal.com 

edubay@tomasilegal.com 

bvanzile@tomasilegal.com 

Telephone: (503) 894-9900 

DAVIS WRIGHT TREMAINE LLP 

By: /s/ Christopher W. Savage 

Christopher W. Savage, D.C. Bar #362657 

chrissavage@dwt.com 

Katherine Sheriff, D.C. Bar #1632141 

katherinesheriff@dwt.com 

(Admitted Pro Hac Vice) 

Telephone: (202) 973-4200 

Of Attorneys for Defendants 

 

Case 3:15-cv-00185-SI Document 508 Filed 11/13/22 Page 9 of 9