Case 2:12-cv GLL Document 14 Filed 06/07/12 Page 1 of 9

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1 Case 2:12-cv GLL Document 14 Filed 06/07/12 Page 1 of 9

10 Case 2:12-cv GLL Document 14-1 Filed 06/07/12 Page 1 of 5

11 Case 2:12-cv GLL Document 14-1 Filed 06/07/12 Page 2 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA SEMANTIC COMPACTION SYSTEMS, INC.; and PRENTKE ROMICH COMPANY, an Ohio Corporation, CIVIL ACTION NO. 2:12-cv-248-GLL Judge Gary L. Lancaster Plaintiffs, SPEAK FOR YOURSELF LLC; RENEE COLLENDER, an individual; and, HEIDI LOSTRACCO, an individual, v. Defendants. I, Heidi LoStracco, declare as follows: 1. This Declaration is being made in support of Defendants Motion for Temporary Restraining Order/Injunctive Relief to Prevent Destruction of Business. The facts herein are of my own personal knowledge and if called as a witness I could competently testify thereto. 2. I am currently a member of Speak for Yourself LLC ( SFY ). My duties include management of SFY s business and operations. 3. I am certified as a speech-language pathologist by the American Speech Language and Hearing Association ( ASHA ) and specialize in Augmentative and Alternative Communication Systems ( AACs ). 4. I, along with Renee Collender, formed SFY to meet the glaring need for more effective, cost-efficient AACs.

12 Case 2:12-cv GLL Document 14-1 Filed 06/07/12 Page 3 of 5 5. SFY developed The Speak for Yourself Application (the App ) to allow nonverbal persons to communicate more efficiently and effectively. These nonverbal individuals are generally not able to speak due to autism, genetic disorders, and cerebral palsy. 6. The App is an effective, relatively inexpensive communication tool designed exclusively for use on Apple, Inc. s ( Apple ) ipad. 7. The IOS programming is specific to the ipad, and therefore the code for the App, as it is written now, cannot be used on any other system or platform. 8. SFY s business is dedicated solely to developing, updating, and selling the App, and training, supporting and educating clients who use the App. 9. Because the App is designed solely for use with the Apple ipad, it is sold exclusively through Apple s itunes App Store, and all updates and upgrades for the App can only be provided through the App Store. Updates and upgrades are frequently required to meet Apple s ever-changing technology. 10. To date, there are hundreds of active users of SFY s App, including, therapists, school districts, hospitals and families. 11. There are hundreds more prospective users who are currently testing the product as a device for communication with nonverbal individuals. 12. Like any communication tool, consistent use, instruction, and support is critical. Consistency is a necessary element of any form of communication, but is particularly acute for those with communication barriers. 13. Users of SFY s App are totally dependent on access to the App Store for upgrades and updates and to purchase the App. 2

13 Case 2:12-cv GLL Document 14-1 Filed 06/07/12 Page 4 of The App has allowed hundreds of nonverbal children to speak with their families, teachers, and friends, and reduced negative behaviors commonly associated with the inability to communicate. 15. Plaintiffs Semantic Compaction Systems, Inc. ( Semantic ) and Prentke Romich Company ( PRC ) are in the business of manufacturing AAC devices. Neither Semantic nor PRC offer an AAC language application for use on any similar platform, including the Apple ipad. 16. On March 19, 2012, attorneys for Semantic and PRC wrote to Apple directly with a copy of the Complaint in this action and demanded the App be withdrawn from sales, distribution and downloading. 17. On March 21, 2012, Apple forwarded the demand of Semantic and PRC to SFY and requested that SFY provide written assurance that the SFY App does not infringe Semantic s or PRC s rights. 18. On March 26, 2012, SFY provided the written assurances requested by Apple. Among other things, SFY explained why the application does not infringe on any rights and why this lawsuit is without merit. 19. Apple did not give any indication to SFY that the assurances provided were not acceptable to Apple, and the status of the App (i.e., available for purchase and download on the itunes App store) remained unchanged from that time until June 4, On June 4, 2012, the Apple itunes App Store ceased selling the App. 21. On June 5, 2012, SFY demanded that Plaintiffs withdraw their demand to Apple that it withdraw the App from the App Store. Semantic and PRC refused to withdraw their demand to Apple. 3

14 Case 2:12-cv GLL Document 14-1 Filed 06/07/12 Page 5 of If the App is not immediately restored to the itunes App store, SFY s business, which is solely related to selling, upgrading and supporting the App, will be irreparably harmed. SFY s reputation and goodwill among the relevant community will be irreparably destroyed; SFY will lose substantial customers and potential customers; and the value of SFY s App will be irretrievably lost. I declare under penalty of perjury that the foregoing is true and correct. Executed this 7th_ day of June, 2012, in Westampton, New Jersey. By: Heidi LoStracco 4