Exhibit 5

Case 2:24-cv-00093-JRG Document 102-5 Filed 11/05/24 Page 1 of 8 PageID #: 5028
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

VIRTAMOVE, CORP.,

Plaintiff,

v.

HEWLETT PACKARD ENTERPRISE

COMPANY,

Defendant.

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Case No. 2:24-cv-00093-JRG

(Lead Case)

JURY TRIAL DEMANDED

VIRTAMOVE, CORP.,

Plaintiff,

v.

INTERNATIONAL BUSINESS 

MACHINES

CORP.,

Defendant.

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Case No. 2:24-CV-00064-JRG

(Member Case)

JURY TRIAL DEMANDED

DECLARATION OF MARK WOODWARD IN SUPPORT OF PLAINTIFF

VIRTAMOVE, CORP.’S OPPOSITION TO MOTION TO TRANSFER VENUE

Case 2:24-cv-00093-JRG Document 102-5 Filed 11/05/24 Page 2 of 8 PageID #: 5029
I, Mark Woodward, declare and state as follows:

1. I submit this declaration in support of Plaintiff’s Opposition to Motion to Transfer

Venue. I have personal knowledge of the facts set forth herein, and if called upon to testify, could

and would testify competently thereto.

2. I am the former vice president of product engineering at AppZero, which is a

predecessor of VirtaMove Corp.

3. I currently reside in Lyndhurst, Ontario, Canada, which is a small town near Ottawa,

Ontario, Canada.

4. I am willing and expect to travel to Texas to testify in the above-captioned cases. I do

not personally find this inconvenient. I do find cross-continental travel to the NDCA to be

inconvenient.

5. I am willing and expect to travel to Texas for the cases VirtaMove, Corp. v.

Amazon.com, Inc., No. 7:24-cv-30 (W.D. Tex); VirtaMove, Corp. v. Google LLC, No. 7:24-cv-33

(W.D. Tex); VirtaMove, Corp. v. International Business Machines Corp., No. 2:24-cv-64 (E.D.

Tex); and VirtaMove, Corp. v. Hewlett Packard Enterprise Company, No. 2:24-cv-96 (E.D. Tex). I

expect to regularly travel to Texas to prepare for, attend hearings in, and testify in these cases, so I

would not find travel for any one specific case in Texas to be inconvenient if I will be in Texas for

other cases anyway. I have no specific plans to travel to the Northern District of California.

6. I would prefer to travel to Marshall, Texas for trial instead of to the Northern District

of California because I believe it will be both less expensive and closer.

7. For expenses, I have estimated my per-diem rates using the GSA website, and San

Francisco looks to be more than two or three times as expensive, depending on the month. Below

are true and correct screenshots of the GSA estimated rates for Marshall, Texas and San Francisco,

CA from: 

https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?

Case 2:24-cv-00093-JRG Document 102-5 Filed 11/05/24 Page 3 of 8 PageID #: 5030
action=perdiems_report&fiscal_year=2024&state=CA&city=San+Francisco, and 

https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?

action=perdiems_report&fiscal_year=2024&state=TX&city=Marshall. 

8. If I needed to travel a whole week for trial plus several days of preparation, then I

estimate the resulting cost difference to be substantially less expensive in Marshall, Texas.

9. I have used the website www.travelmath.com to estimate my straight-line flying

Case 2:24-cv-00093-JRG Document 102-5 Filed 11/05/24 Page 4 of 8 PageID #: 5031
times between Ottawa, ON, Canada to both Marshall, Texas and to San Francisco, California. The

following are true and correct excerpts showing that the estimated travel times and travel distances

are more convenient for Marshall, Texas (3 hours, 10 minutes to travel 1,335 miles) as compared to

San Francisco (5 hours, 23 minutes to travel 2,444 miles).

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Case 2:24-cv-00093-JRG Document 102-5 Filed 11/05/24 Page 7 of 8 PageID #: 5034
10. Based on these estimates, I believe that my travel to Marshall, Texas will be much

more convenient than travel to San Francisco, California because my travel will be less expensive,

faster, and closer. For these reasons, I am unwilling to travel to San Francisco, California for trial.

11. I declare under penalty of perjury pursuant to the laws of the United States that the

foregoing is true and correct.

Executed on September _18__, 2024 at Ottawa, Ontario, Canada.

_____________________

Mark Woodward

Case 2:24-cv-00093-JRG Document 102-5 Filed 11/05/24 Page 8 of 8 PageID #: 5035