Neural AI, LLC v. Tesla Inc. — Entry #6: CORRECTED MOTION to Compel Compliance With Subpoena Served on Third Party Tesla, Inc

Case 7:26-mc-00318-LS   Document 6-13   Filed 08/18/26   Page 1 of 4


                EXHIBIT

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       Case 7:26-mc-00318-LS            Document 6-13        Filed 08/18/26     Page 2 of 4


                             UNITED STATES DISTRICT COURT
                              WESTERN DISTRICT OF TEXAS
                               MIDLAND/ODESSA DIVISION


 NEURAL AI, LLC

        Plaintiff,                                 Case No. 7:24-cv-00221-ADA-DTG
 v.                                                JURY TRIAL DEMANDED
 NVIDIA CORPORATION

        Defendant.


       I, [DECLARANT NAME], hereby declare as follows:

       1.        I am [TITLE] of [COMPANY NAME]. I am over the age of eighteen and

competent to make this declaration. I make this declaration based on my personal knowledge,

including my general familiarity with [COMPANY NAME]’s technical infrastructure, software

deployments, use of NVIDIA products, as well as the on the basis of a reasonably diligent

investigation.

       2.        I understand that this declaration is submitted in connection with a subpoena served

on [INSERT DAT] on [COMPANY NAME] in the above-captioned action (the “Subpoena”).

       3.        In the ordinary course of business, [COMPANY NAME] uses NVIDIA GPUs (as

that term is defined in the Subpoena attached as Exhibit A) in its commercial operations.

Specifically, [COMPANY NAME] deploys GPUs of the [INSERT ARCHITECTURE]

architecture(s), including but not limited to [INSERT SPECIFIC GPU MODEL(S)] (collectively,

the “Deployed NVIDIA GPUs”).

       4.        In the ordinary course of business, [COMPANY NAME] uses the following

NVIDIA offerings in connection with the Deployed NVIDIA GPUs: [Select among cuFFT,


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cuSparse, cuSolver, cuBlas, and cuDNN].

        5.    In the ordinary course of business, [COMPANY NAME] uses the following

NVIDIA offerings in connection with the Deployed NVIDIA GPUs: [Select PyTorch and/or

TensorRT].

        6.    In the ordinary course of business, [COMPANY NAME] uses the following

NVIDIA offerings in connection with the Deployed NVIDIA GPUs: [Select among Modulus,

Maxine, cuQuantum, Merlin, Ariel, Monai, Triton, Nemo, Riva, Metropolis, Holoscan, Clara

Parabricks, Rapids, Issac, Drive, and Morpheus].

        7.    In the ordinary course of business, [COMPANY NAME] uses the NVIDIA

software identified in Paragraphs 4-6 as provided by NVIDIA, without modification to the source

code.

        8.    To the best of [COMPANY NAME]’s knowledge, when it uses the NVIDIA

Software on the Deployed NVIDIA GPUs in the ordinary course of business, the hardware and

NVIDIA software function together as designed and intended by NVIDIA.

        9.    In the ordinary course, [COMPANY NAME] uses one or more pretrained neural-

network models, model implementations, or model configurations distributed, made available, or

recommended by NVIDIA. In the ordinary course, [COMPANY NAME] deploys those models,

implementations, or configurations using PyTorch, TensorRT, or other NVIDIA software without

modifying their underlying network structure or low-level implementation code.

        10.   In the ordinary course of business, the Deployed NVIDIA GPUs are installed in

systems with separate CPU main memory and GPU memory, and the CPU and GPU in these

systems are connected via a bus.

        11.   In the ordinary course of business and for the operations described in this


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declaration, [COMPANY NAME] does not use Deployed NVIDIA GPUs with a unified

CPU/GPU memory pool, GPUDirect Storage (“GDS”) to transfer input data directly from storage

to GPU memory, NVIDIA Unified Virtual Memory (“UVM”), or CUDA managed memory to

bypass the standard CPU-memory-to-GPU-memory data transfer path.

       12.    In [COMPANY NAME]’s normal operations, when it uses the NVIDIA software

described in Paragraphs 4-6 on the Deployed NVIDIA GPUs, input data is received and processed

by the CPU and stored in CPU main memory before being transferred to the GPU for computation.

To the best of my knowledge, this is the default and standard method by which data is loaded for

processing on NVIDIA GPUs.

       13.    In the ordinary course of business and to the best of [COMPANY NAME]’s

knowledge, [COMPANY NAME] does not implement custom code or configurations that alter

the default data flow path provided by the NVIDIA Software with respect to how input data is

received by the CPU, stored in main memory, and transferred to the GPU for computation.

       14.    To the best of [COMPANY NAME]’s knowledge, the operations described in this

declaration are performed in the United States using systems located in the United States or

systems that directly support [COMPANY NAME]’s United States operations.

       15.    At least once per day, [COMPANY NAME] uses NVIDIA GPUs in conjunction

with at least one NVIDIA offering identified in each of Paragraphs 4-6.

       I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct. Executed on [DATE], in [CITY, STATE].

_______________________________________
[DECLARANT NAME]
[TITLE]
[COMPANY NAME]