1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

VIRTAMOVE, CORP.,

Plaintiff,

v.

HEWLETT PACKARD ENTERPRISE 

COMPANY,

Defendant.

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

(Lead Case)

JURY TRIAL DEMANDED

VIRTAMOVE, CORP.,

Plaintiff,

v.

INTERNATIONAL BUSINESS MACHINES 

CORP.,

Defendant.

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

(Member Case)

JURY TRIAL DEMANDED

DECLARATION OF MACKENZIE PALADINO IN SUPPORT OF PLAINTIFF 

VIRTAMOVE, CORP.’S OPPOSITION TO HPE’s MOTION TO TRANSFER (DKT. 87)

I, Mackenzie Paladino, declare and state as follows:

1. I am a member of the State Bar of New York and an attorney at the firm of Russ 

August & Kabat, and one of the attorneys for Plaintiff VirtaMove, Corp. in the above-captioned 

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

personal knowledge of the facts set forth herein, and if called upon to testify, could and would 

testify competently thereto.

2. Attached as Exhibit 01 is a true and correct copy of an email exchange between 

VirtaMove’s counsel and HPE’s counsel regarding meet and confer efforts before the filing of 

HPE’s Motion. 

Case 2:24-cv-00093-JRG Document 102-23 Filed 11/05/24 Page 1 of 4 PageID #: 5182
2

3. Attached as Exhibit 02 is a true and correct copy of HPE’s Second Supplemental 

Initial Disclosures pursuant to Fed. R. Civ. P. 26. 

4. Attached as Exhibit 03 is a true and correct copy of a news article published on the 

Houston Chronicle website, accessible at https://www.houstonchronicle.com/business/realestate/article/Hewlett-Packard-Enterprise-set-to-move-into-its-16921943.php. 

5. Attached as Exhibit 04 is a true and correct, partially redacted copy of the 

Declaration of Greg O’Connor in Support of Plaintiff VirtaMove, Corp.’s Opposition to Motion 

to Transfer Venue.

6. Attached as Exhibit 05 is a true and correct copy of the Declaration of Mark 

Woodward in Support of Plaintiff VirtaMove, Corp.’s Opposition to Motion to Transfer Venue.

7. Attached as Exhibit 06 is a true and correct copy of the Docket in Red Hat, Inc. v. 

VirtaMove Corp., 5:24-cv-04740-PCP (NDCA), as accessed from Pacer on November 5, 2024 and 

formatted for printing.

8. Attached as Exhibit 07 is a true and correct, partially redacted copy of the 

Declaration of Paul O’Leary in Support of Plaintiff VirtaMove, Corp.’s Opposition to Motion to 

Transfer Venue.

9. Attached as Exhibit 08 is a true and correct copy of the Declaration of Dean 

Huffman in Support of Plaintiff VirtaMove, Corp.’s Opposition to Motion to Transfer Venue.

10. Attached as Exhibit 09 is a true and correct copy of Ernesto Benedito’s LinkedIn 

Profile, formatted for printing. 

11. Attached as Exhibit 10 is a true and correct copy of the LinkedIn profile for David 

Roth as provided by Susan Cameron. 

Case 2:24-cv-00093-JRG Document 102-23 Filed 11/05/24 Page 2 of 4 PageID #: 5183
3

12. Attached as Exhibit 11 is a true and correct screenshot excerpts from 

TravelMath.com showing that the distance between Ottawa, Canada and San Francisco, California 

is approximately 2,441 miles and the distance between Ottawa, Canada and Marshall, Texas is 

approximately 1,335 miles. 

13. Attached as Exhibit 12 are true and correct excerpts from the deposition of Phil 

Estes on August 23, 2024. 

14. Attached as Exhibit 13 is a true and correct photo of two of VirtaMove boxes 

labeled “Patents & Trademarks,” as taken by Susan Cameron.

15. Attached as Exhibit 14 is a true and correct excerpt from VirtaMove’s Second 

Supplemental Objections and Responses to Amazon’s First Set of Venue Interrogatories in Case 

No. 7:24-cv-00030-ADA-DTG. 

16. Attached as Exhibit 15 is a true and correct copy of VirtaMove’s First Supplemental 

Disclosures pursuant to Fed. R. Civ. P. 26 in this matter. 

17. Attached as Exhibit 16 is a true and correct copy of the venue discovery letter sent 

to HPE’s counsel on October 22, 2024 via electronic mail. 

18. Attached as Exhibit 17 is a true and correct copy of HPE’s letter in response to 

VirtaMove’s October 22, 2024 letter, dated October 25, 2024 and received via electronic mail. 

19. Attached as Exhibit 18 is a true and correct copy of the Federal Court Management 

Statistics from June 2024, available at https://www.uscourts.gov/statistics-reports/federal-courtmanagement-statistics-june-2024. 

20. Attached as Exhibit 19 is a true and correct copy of the relevant pages of HPE’s 

Preliminary Invalidity Contentions Cover Sheet as provided to VirtaMove with the relevant subject 

art discussed in VirtaMove’s Opposition highlighted. 

Case 2:24-cv-00093-JRG Document 102-23 Filed 11/05/24 Page 3 of 4 PageID #: 5184
4

21. Attached as Exhibit 20 is a true and correct copy of U.S. Patent No. 8,032,625. 

22. Attached as Exhibit 21 is a true and correct screenshot of Joel Baxter’s LinkedIn 

profile, formatted for printing. 

23. Attached as Exhibit 22 are a true and correct screenshots from TravelMath.com 

showing that the distance between Fort Collins, Colorado and San Francisco, California is 

approximately 949 miles and the distance between Fort Collins, Colorado and Marshall, Texas is 

approximately 813 miles. 

24. Attached as Exhibit 23 are a true and correct, highlighted excerpts from the 

deposition of David Lee on November 1, 2024. 

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

foregoing is true and correct. 

Executed on November 5, 2024 in New York, New York.

/s/ Mackenzie Paladino

Mackenzie Paladino

(NY SBN: 6039366)

mpaladino@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

Telephone: (310) 826-7474

Case 2:24-cv-00093-JRG Document 102-23 Filed 11/05/24 Page 4 of 4 PageID #: 5185