Kenu, Inc. v. Belkin International, Inc.

MOTION for Summary Judgment that the '714 Patent and the 'D707 Patent are Not Invalid

N.D. Cal.May 18, 2017

TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 TROUTMAN SANDERS LLP Marcus T. Hall, Bar No. 206495 marcus.hall@troutmansanders.com Dean A. Morehous, Bar No. 111841 dean.morehous@troutmansanders.com Craig C. Crockett, Bar No. 265161 craig.crockett@troutmansanders.com 580 California Street, Suite 1100 San Francisco, CA 94104 Telephone: 415.477.5700 Facsimile: 415.477.5710 Attorneys for Plaintiff KENU, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO COURTHOUSE KENU, INC., Plaintiff, v. BELKIN INTERNATIONAL, INC. et al., Defendant. Case No. 15-cv-01429-JD KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE’714 PATENT AND THE ’D707 PATENT ARE NOT INVALID Date: June 29, 2017 Time: 10:00 a.m. Place: Ctrm 11, 19th Fl Judge: Honorable James Donato Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 1 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Table of Contents Page i NOTICE OF MOTION AND MOTION .......................................................................................1 MEMORANDUM OF POINTS AND AUTHORITIES ...............................................................1 INTRODUCTION .........................................................................................................................1 STATEMENT OF ISSUES TO BE DECIDED ............................................................................2 FACTS RELEVANT TO KENU’S MOTION ..............................................................................3 A. Belkin Asserts An Invalidity Defense To Kenu’s Patent Infringement Claims...............................................................................................3 B. Belkin’s Expert Opines That The ’714 Patent Is Obvious In View Of Hale/GripTight .......................................................................................................3 C. The USPTO Rejected Hale As Prior Art During Prosecution Of The ’714 Patent Because David Yao Invented The Salient Features Of Hale ......................4 D. According To Belkin’s Expert Testimony, The ’D707 Patent Is Valid................5 STANDARD OF LAW..................................................................................................................5 A. Summary Judgment................................................................................................5 B. Patent Validity........................................................................................................6 ARGUMENT .................................................................................................................................7 A. The ’714 Patent Is Valid ........................................................................................7 1. Belkin’s Invalidity Argument Hinges On Hale/GripTight.........................7 2. The USPTO Already Determined That Hale Is Not Prior Art ...................8 3. Neither Hale Nor GripTight Is Prior Art Under 35 U.S.C. § 102(a), (e)................................................................................................9 4. Neither Hale Nor GripTight Is Prior Art Under 35 U.S.C. § 102(b) .......10 B. Belkin’s Expert Testified That The ’D707 Patent Is Valid..................................11 CONCLUSION............................................................................................................................12 Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 2 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 TABLE OF AUTHORITIES Page(s) CASES Carman Indus. v. Wahl, 724 F.2d 932 (Fed. Cir. 1983)................................................................................................. 11 Celotex Corp. v. Catrett, 477 U.S. 317 (1986) .................................................................................................................. 4 Colucci v. Callaway Golf Co., 750 F. Supp. 2d 767 (E.D. Tex. 2010) ...................................................................................... 6 Commil USA, LLC v. Cisco Sys., 135 S. Ct. 1920 (2015) ............................................................................................................ 11 Cordis Corp. v. Boston Scientific Corp., 561 F.3d 1319 (Fed. Cir. 2009)................................................................................................. 6 Ill. Tool Works, Inc. v. Solo Cup Co., 461 F.2d 265 (7th Cir. 1972)............................................................................................. 5, 8, 9 In re Katz, 687 F.2d 450 (C.C.P.A. 1982) .................................................................................................. 8 IpLearn-Focus, LLC v. Microsoft Corp., 2015 U.S. Dist. LEXIS 90077 (N.D. Cal. July 10, 2015) ......................................................... 4 Mahurkar v. C.R. Bard, Inc., 79 F.3d 1572 (Fed. Cir. 1996)............................................................................................... 6, 9 Medtronic, Inc. v. Cardiac Pacemakers, Inc., 721 F.2d 1563 (Fed. Cir. 1983)............................................................................................... 11 Microsoft Corp. v. i4i Ltd. P’ship, 131 S. Ct. 2238 (2011) .............................................................................................................. 5 Nat’l Presto Indus. v. West Bend Co., 76 F.3d 1185 (Fed. Cir. 1996)................................................................................................... 5 Open Text, S.A. v. Box, Inc., 2015 U.S. Dist. LEXIS 11312 (N.D. Cal. Jan. 30, 2015) ..................................................... 4, 5 Pandrol USA, LP v. Airboss Ry. Prods., 320 F.3d 1354 (Fed. Cir. 2003)............................................................................................... 11 Riverwood Int'l Corp. v. R. A. Jones & Co., 324 F.3d 1346 (Fed. Cir. 2003)......................................................................................... 5, 8, 9 Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 3 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 Specialty Composites v. Cabot Corp., 845 F.2d 981 (Fed. Cir. 1988)............................................................................................... 6, 8 TypeRight Keyboard Corp. v. Microsoft Corp., 374 F.3d 1151 (Fed. Cir. 2004)................................................................................................. 6 STATUTES 35 U.S.C. § 102...................................................................................................................... passim 35 U.S.C. § 285..................................................................................................................... 5, 6, 10 OTHER AUTHORITIES Fed. R. Civ. P. 56 ............................................................................................................................ 4 Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 4 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 NOTICE OF MOTION AND MOTION PLEASE TAKE NOTICE that on Thursday, June 29, 2017 at 10:00 a.m., or as soon thereafter as this motion may be heard, in the United States District Court for the Northern District of California, San Francisco Courthouse, Courtroom 11, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, Plaintiff Kenu, Inc. (“Kenu”) will and hereby does move for summary judgment that U.S. Patent No. 9,080,714 (the “’714 Patent”) and U.S. Design Patent No. D690,707 (the “’D707 Patent”) are not invalid, and that references identified by Defendant Belkin International, Inc. (“Belkin”) as U.S. Patent No. 9,103,487 (“Hale”) and the GripTight product by Joby (“GripTight”) do not qualify as prior art under 35 U.S.C. sections 102 and 103. Kenu requests that the Court enter judgment in favor of Kenu and against Belkin on Belkin’s First Affirmative Defense for invalidity of the ’714 and ’D707 Patents, and find that: (1) Hale and GripTight are not prior art to the ’714 Patent, and (2) the ’714 and ’D707 Patents are not invalid based on Belkin’s failure to produce clear and convincing evidence of invalidity. See Case No. 14-cv-04327-JD, Dkt. 69, Defendant Belkin’s Answer to Consolidated Second Amended Complaint and Affirmative Defenses. This motion is made under Federal Rule of Civil Procedure 56, Civil Local Rule 56, and the Standing Order for Civil Cases before Judge James Donato (January 5, 2017), and is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Declaration of Craig C. Crockett and exhibits thereto, the pleadings and papers on file, any oral argument of counsel, and such other materials and evidence as may be presented to the Court at or before the hearing on the motion. MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION In this action for infringement of U.S. Patent 9,080,714 (the “’714 Patent”) and U.S. Design Patent D690,707 (the “’D707 Patent”), Defendant Belkin International, Inc. (“Belkin”) asserts as an affirmative defense that each asserted patent is invalid. Belkin produced an expert report by Matthew I. Stein for support of its invalidity defense. There are, however, no material issues of disputed fact and the arguments of neither Belkin nor its expert are sufficient for Belkin Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 5 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 to carry its burden to prove invalidity by clear and convincing evidence. Accordingly, this Court should enter partial summary judgment against Belkin on those defenses. Belkin’s invalidity defense to the ’714 Patent critically relies on two references, the Hale patent and GripTight product, which is simply a commercial embodiment of Hale. But Belkin’s analysis is fatally flawed. David Yao invented the elements from Hale and GripTight cited by Belkin in support of its invalidity defense. David Yao is also an inventor of the ’714 Patent. It is well-established that an inventor’s earlier inventions do not qualify as prior art to later-filed applications unless required by statute. Belkin is unable to cite any statute that would allow Mr. Yao’s inventions with respect to Hale and GripTight to constitute prior art to the ’714 Patent. Indeed, the USPTO already considered this issue during prosecution before allowing the claims of the ’714 Patent, and specifically determined that Hale was not prior art to the ’714 Patent. No information produced by Belkin establishes that Hale and GripTight are prior art to the ’714 Patent as a matter of law. Since Belkin’s invalidity arguments cannot stand without Hale and GripTight, summary judgment in favor of Kenu is proper with respect to Belkin’s invalidity defense on the ’714 Patent. Belkin’s invalidity argument for the ’D707 Patent is similarly doomed. Belkin’s expert admitted under oath at deposition that the ’D707 Patent is valid. Accordingly, the Court should enter summary judgment in favor of Kenu on Belkin’s invalidity defense of the ’D707 patent. STATEMENT OF ISSUES TO BE DECIDED (1) Whether the Court should enter judgment in favor of Kenu and against Belkin on Belkin’s First Affirmative Defense for invalidity of the ’714 and ’D707 Patents. (2) Whether David Yao was an inventor of the ’714 Patent, Hale, and GripTight, and therefore Hale and GripTight cannot be prior art to the ’714 Patent under 35 U.S.C. §§ 102(a), (e) (pre-AIA). (3) Whether Hale and GripTight were disclosed less than one year before filing the application leading to the ’714 Patent, and therefore Hale and GripTight cannot be prior art to the ’714 Patent under 35 U.S.C. § 102(b) (pre-AIA). Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 6 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 (4) Whether the ’D707 Patent is not invalid in view of testimony by Belkin’s expert that the ’D707 Patent is valid. (5) Whether the ’714 and ’D707 Patents are each not invalid based on Belkin’s failure to produce clear and convincing evidence to support its arguments of invalidity based upon obviousness. FACTS RELEVANT TO KENU’S MOTION A. Belkin Asserts An Invalidity Defense To Kenu’s Patent Infringement Claims. Kenu filed this action against Belkin on March 27, 2015. Dkt. 1. After this action was consolidated with a related action (Case No. 14-cv-04327-JD), on July 28, 2015, Kenu filed its Second Amended Consolidated Complaint asserting that Belkin infringes the ’714 and ’D707 Patents. See Case No. 14-cv-04327-JD, Dkt. 69. On August 10, 2015, Belkin filed its answer and affirmative defenses, including its First Affirmative Defense asserting that the ’714 and ’D707 Patents are invalid. Case No. 14-cv-04327-JD, Dkt 69. B. Belkin’s Expert Opines That The ’714 Patent Is Obvious In View Of Hale/GripTight. On March 29, 2017, Belkin served the expert report of Matthew I. Stein. Declaration of Craig C. Crockett (“Crockett Dec.”), ¶ 2, Ex. A, Opening Expert Report of Matthew I. Stein, P.E. (the “Stein Report”). The Stein Report does not assert invalidity based on anticipation of either the ’714 Patent or ’D707 Patent. Crockett Dec., ¶ 3, Ex. B, Deposition of Matthew I. Stein (“Stein Dep.”) 27:21–25. The Stein Report asserts that the ’714 Patent is invalid based on obviousness, primarily relying on U.S. Patent No. 9,103,487 by Eric Hale, Noah Balmer, and David Yao (“Hale”) and the commercial embodiment of Hale referred to as the Joby GripTight product (“GripTight”). Stein Report ¶¶ 54–63 (Crockett Dec. Ex. A); Stein Dep. 80:9–15 (Crockett Dec. Ex. B); Crockett Dec. ¶ 4, Ex. C (Hale patent). The patent application resulting in the Hale patent was published on April 10, 2014 as US 2014/0097306, and discloses the same information as the Hale patent itself which subsequently issued on August 11, 2015. Stein Dep. 66:18–67:2 Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 7 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 (Crockett Dec. B); Crockett Dec. Ex. C (Hale patent, “prior publication data”). GripTight was disclosed no sooner than September 2012. Stein Report ¶ 62 (Crockett Dec. Ex. A). Every obviousness opinion set forth by Belkin’s expert critically relies on the assumption that Hale/GripTight is prior art to the ’714 Patent. Stein Dep. 42:17–43:11 (Crockett Dec. Ex. B); Stein Report ¶¶ 66–103 (Crockett Dec. Ex. A). Belkin’s expert therefore agrees that if Hale and GripTight are not prior art, then he has no opinion that the patents are invalid. Stein Dep. 42:17–43:11 (Crockett Dec. Ex. B). C. The USPTO Rejected Hale As Prior Art During Prosecution Of The ’714 Patent Because David Yao Invented The Salient Features Of Hale. On November 20, 2012, Kenu filed application No. 29/437,793, which eventually issued as the ’D707 Patent and, after a continuation-in-part application, the ’714 Patent. Crockett Dec. ¶¶ 5–5, Exs. D (’D707 Patent) and E (’714 Patent). Belkin’s expert borrows his invalidity argument from the prosecution history of the ’714 Patent. The USPTO examiner rejected the pending claims on the basis of the application resulting in Hale as purportedly disclosing an adjustable clamping element capable of being biased and unbiased into activated and deactivated states to removably secure portable devices, in addition to the adjustable clamping element comprising two rods with springs inserted over each rod secured by a screw, an expandable arm, and a main body. KENU000622–632 (Crockett Dec. Ex. F). Belkin’s expert similarly cites to Hale—and its commercial embodiment GripTight—for the same features cited by the examiner. See Stein Report ¶¶ 69–80 (Crockett Dec. Ex. A). The examiner agreed that Hale would not qualify as prior art if one of the inventors of the ’714 Patent invented the elements from Hale applied by the examiner. KENU000662 (Crockett Dec. ¶ 8, Ex. G). David Yao—an inventor of the ’714 Patent—therefore submitted a declaration explaining that he invented those features from Hale that the examiner cited. KENU000681, 682, 688, 699–701 (Crockett Dec. ¶ 9, Ex. H). In consideration of David Yao’s declaration and after further review, the examiner issued a notice of allowance. KENU000746–752 (Crockett Dec. ¶ 10, Ex. I). Belkin’s expert agrees that the examiner “did the right thing” because Hale Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 8 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 was not prior art. Stein Dep. 46:23–47:19 (Crockett Dec. Ex. B). David Yao’s testimony in this action confirms that he invented the relevant mechanical features of Hale and GripTight. Yao Dep. 31:12–32:21, 45:19–46:15, 60:22–61:16, 62:3–9, 63:2–13, 64:1–3 (Crockett Dec. ¶ 11, Ex. J). Belkin’s expert cites no evidence to the contrary. See Stein Dep. 45:13–46:22 (Crockett Dec. Ex. B). D. According To Belkin’s Expert Testimony, The ’D707 Patent Is Valid. Belkin’s expert report asserts that the ’D707 Patent is obvious in view of two references, Huang and Bulsink. Stein Report ¶¶ 105–110 (Crockett Dec. Ex. A). At deposition, however, Belkin’s expert admitted that the ’D707 Patent is valid, affirming that he “would not consider it obvious in light of Huang and Bulsink…. I would look at it and say it’s a valid design patent ….” Stein Dep. at 73:16–75:6; 159:6–160:15 (Crockett Dec. Ex. B). Indeed, Belkin’s expert agreed that Kenu was the “first” to create the design depicted in the ’D707 Patent. Stein Dep. at 123:9–12 (Crockett Dec. Ex. B). On this testimony alone, Belkin cannot carry its burden to prove invalidity by clear and convincing evidence. STANDARD OF LAW A. Summary Judgment. A court should grant summary judgment when no genuine issue exists as to any material fact, and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a). “The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact.” IpLearn-Focus, LLC v. Microsoft Corp., 2015 U.S. Dist. LEXIS 90077, at *6 (N.D. Cal. July 10, 2015). “The moving party, however, has no burden to disprove matters on which the non-moving party will have the burden of proof at trial. The moving party need only demonstrate to the Court that there is an absence of evidence to support the non-moving party’s case.” Id. “Once the moving party has met its burden, the nonmoving party must ‘go beyond the pleadings and by [its] own affidavits, or by [the] depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.’” Id. at *6–7 (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986)). “A genuine issue exists if the evidence is such that a reasonable jury could find for the nonmoving party.” Open Text, S.A. Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 9 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 v. Box, Inc., 2015 U.S. Dist. LEXIS 11312, at *4 (N.D. Cal. Jan. 30, 2015). “A disputed fact is material if it might affect the outcome of the suit such that a finding of that fact is necessary and relevant to the proceeding.” Id. B. Patent Validity. Under 35 U.S.C. § 285, claims in an issued patent are presumed valid and the defendant must prove invalidity by clear and convincing evidence. See Microsoft Corp. v. i4i Ltd. P’ship, 131 S. Ct. 2238, 2242 (2011). A court must consider this heightened burden of proof in deciding patent validity issues. Nat’l Presto Indus. v. West Bend Co., 76 F.3d 1185, 1189 (Fed. Cir. 1996). Thus, if the Court concludes that Belkin cannot prove invalidity by clear and convincing evidence, summary judgment in favor of Kenu is appropriate. See id. To qualify as prior art under 35 U.S.C. § 102(a), a reference must be disclosed before the invention date of the invention-at-issue. See 35 U.S.C. § 102(a) (pre-AIA) (stating that a person shall be entitled to a patent unless “the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent”). To qualify as prior art under §102(b), a reference must be disclosed more than one year before the filing date of the invention-at-issue. See 35 U.S.C. § 102(b) (pre-AIA) (stating that a person shall be entitled to a patent unless “the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States”). Under §102(e), a patent application qualifies as prior art only if it was filed in the United States before the invention date for the patented invention-at-issue. See 35 U.S.C. § 102(e) (pre-AIA) (stating that a person shall be entitled to a patent unless the invention was described in “a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent”). Further, it is has been long established that “one’s own invention, whatever the form of the disclosure to the public may be, cannot be a prior art against oneself, absent a statutory bar.” Ill. Tool Works, Inc. v. Solo Cup Co., 461 F.2d 265, 271 (7th Cir. 1972); see also Riverwood Int'l Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 10 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 Corp. v. R. A. Jones & Co., 324 F.3d 1346, 1356-57 (Fed. Cir. 2003); Specialty Composites v. Cabot Corp., 845 F.2d 981, 990 n.9 (Fed. Cir. 1988). Whether a cited reference is prior art under the provisions of Section 102 presents a question of law based on underlying factual inquiries. See TypeRight Keyboard Corp. v. Microsoft Corp., 374 F.3d 1151, 1157 (Fed. Cir. 2004) (“Whether a reference was published prior to the critical date, and is therefore prior art, is a question of law based on underlying fact questions.”). “If there are no facts in dispute, whether a reference is a prior art ‘printed publication’ . . . is a question of law.” Cordis Corp. v. Boston Scientific Corp., 561 F.3d 1319, 1332-33 (Fed. Cir. 2009). As part of the burden to prove invalidity, Belkin bears the burden of proving by clear and convincing evidence on all issues relating to the status of the particular cited reference as prior art. Colucci v. Callaway Golf Co., 750 F. Supp. 2d 767, 773 (E.D. Tex. 2010) (citing Mahurkar v. C.R. Bard, Inc., 79 F.3d 1572, 1576 (Fed. Cir. 1996)). ARGUMENT Based on the information produced to this point in this case, Belkin cannot present clear and convincing evidence to prove that the ’714 and ’D707 Patents are invalid for obviousness. Accordingly, Kenu requests that the Court enter summary judgment in favor of Kenu on Belkin’s First Affirmative Defense for invalidity of the ’714 and ’D707 Patents. A. The ’714 Patent Is Valid. Belkin’s invalidity argument concerning the ’714 Patent hinges on two references, Hale and a product embodying the invention of Hale, referred to as GripTight. However, neither Hale nor GripTight are prior art since the salient features of those references share a common inventor with the ’714 Patent, David Yao. Since Hale and GripTight are not prior art, Belkin cannot present clear and convincing evidence of invalidity, and the ’714 Patent continues to hold a presumption of validity. See 35 U.S.C. § 285. 1. Belkin’s Invalidity Argument Hinges On Hale/GripTight. Belkin does not assert that the ’714 Patent is invalid for anticipation. Stein Dep. 27:21– 25 (Crockett Dec. B). Instead, Belkin relies on two primary references, Hale and GripTight, in combination with other secondary references to argue that the ’714 Patent is invalid for Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 11 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 obviousness under 35 U.S.C. § 102(a). Stein Report ¶¶ 66–103, Stein Dep. 27:1–3 (Crockett Dec. Exs. A–B). Belkin’s expert agrees that “[a]ll of [his] combinations involve Hale and/or GripTight.” Stein Dep. 42:17–43:11. Belkin’s expert similarly agrees that GripTight is merely an embodiment of the Hale patent (see Stein Dep. 80:9–15), and therefore Belkin’s obviousness analysis is the same with respect to each reference (see Stein Report ¶¶ 66–103). As Belkin’s expert concedes, Belkin has no invalidity argument regarding the ’714 Patent without Hale or GripTight as prior art. Stein Dep. 41:24–43:11 (Crockett Dec. Ex. B). Accordingly, if Hale and GripTight are not prior art to the ’714 Patent, Belkin would have no argument for invalidity. See id. at 43:7–11. 2. The USPTO Already Determined That Hale Is Not Prior Art. Belkin’s invalidity argument was considered and rejected during prosecution of the ’714 Patent. The USPTO issued the ’714 Patent after analyzing the patent application resulting in Hale (2014/0097306), and specifically the fact that David Yao invented the relevant features of Hale and therefore Hale is not prior art to the ’714 Patent. Belkin’s expert agrees that the patent application resulting in Hale is the same as the disclosure in the patent that eventually issued as Hale. Stein Dep. 66:18–67:2 (Crockett Dec. Ex. B). Accordingly, the examiner’s analysis is equally applicable to the Hale reference itself. The examiner initially rejected the pending claims as obvious in view of Hale. KENU000622–632 (Crockett Dec. Ex. F). The examiner cited Hale as disclosing an adjustable clamping element capable of being biased and unbiased into activated and deactivated states to removably secure portable devices (see id. at KENU000624), in addition to the adjustable clamping element comprising two rods with springs inserted over each rod secured by a screw, an expandable arm, and a main body (see id. at KENU000627). The examiner agreed, however, that if one of the inventors of the ’714 Patent invented the elements from Hale applied by the examiner, then the rejection based on Hale would be overcome. KENU000662 (Crockett Dec. Ex. G). The patentees then submitted a declaration from David Yao explaining that he invented those features from Hale that the examiner cited. KENU000681, 682, 688, 699–701 (Crockett Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 12 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 Dec. Ex. H). Hale was then traversed and, after a further interview with the examiner and amendment, the examiner issued a notice of allowance. KENU000746–752 (Crockett Dec. Ex. I). Belkin’s expert agrees that the examiner “did the right thing” in making the determination that Hale was not prior art. Stein Dep. 46:23–47:19 (Crockett Dec. Ex. B). Thus, the USPTO determined that David Yao invented the relevant features of Hale and therefore Hale was not prior art. Since GripTight is nothing more than an embodiment of Hale (see Stein Dep. 80:9–15 (Crockett Dec. Ex. B)), the same result follows and similarly it is not prior art. 3. Neither Hale Nor GripTight Is Prior Art Under 35 U.S.C. § 102(a), (e). Contrary to Belkin’s assertion, Hale and GripTight are not prior art because the relevant features of those references were invented by David Yao, who is also an inventor of the ’714 Patent. It is black letter law that an inventor’s prior inventions are not prior art absent a statutory bar. E.g., Riverwood Int'l Corp. v. R. A. Jones & Co., 324 F.3d at 1356-57 (a reference must be “by another” to qualify as prior art under Section 102(e)); In re Katz, 687 F.2d 450, 454 (C.C.P.A. 1982) (“[O]ne’s own work is not prior art under § 102(a) even though it has been disclosed to the public in a manner or form which otherwise would fall under § 102(a).”).1 For Hale and GripTight to qualify as prior art to the ’714 Patent, those references must have been disclosed by another party before the invention thereof by the applicants for the ’714 Patent. See 35 U.S.C. § 102(a), (e). Accordingly, Hale and GripTight cannot qualify as prior art if an inventor of the relevant portions of Hale and GripTight is also an inventor of the ’714 Patent. See Riverwood Int'l Corp. v. R. A. Jones & Co., 324 F.3d at 1356-57; Specialty Composites v. Cabot Corp., 845 F.2d at 990 n.9; Ill. Tool Works, Inc. v. Solo Cup Co., 461 F.2d at 271. As an initial matter, even if Hale was a disclosure “by another”—which it is not—the Hale patent was not issued until August 11, 2015, and the application resulting in the Hale patent 1 Belkin’s expert cites only to 35 U.S.C. section 102(a) as a basis for relying on Hale and/or GripTight as prior art. See Stein Report ¶ 56 (Crockett Dec. Ex. A). Belkin should therefore be precluded from presenting any other argument under Section 102. However, in the event the Court permits such argument outside the scope of Belkin’s disclosures, Kenu also addresses Sections 102(b) and (e). Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 13 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 was not published until April 10, 2014. Crockett Dec. Ex. C. Accordingly, Hale cannot be prior art under Section 102(a) because the ’714 Patent was invented years earlier, and at least by the application filing date of November 20, 2012. See Mahurkar v. C.R. Bard, Inc., 79 F.3d 1572, 1576 (Fed. Cir. 1996) (“[U]nder section 102(a), a document is prior art only when published before the invention date.”). Further, as discussed above, Hale, GripTight and the ’714 Patent all share a common inventor: David Yao. Consistent with his declaration to the USPTO submitted during patent prosecution, David Yao confirmed in deposition testimony in this action that he invented the relevant mechanical features of Hale and GripTight upon which Belkin relies. Yao Dep. 31:12– 32:21, 45:19–46:15, 60:22–61:16, 62:3–9, 63:2–13, 64:1–3 (Crockett Dec. Ex. J). Belkin’s expert cites no evidence to the contrary. See Stein Dep. 45:13–46:22 (Crockett Dec. Ex. B); Fed.-Mogul World Wide, Inc. v. NJT Enters., No. 11-15480, 2012 U.S. Dist. LEXIS 114133, at *12–13 (E.D. Mich. Aug. 14, 2012) (unrebutted evidence of common inventor is sufficient to overcome reference). It is therefore of no consequence that GripTight was commercially available two months before the application for the ’714 Patent was filed. Ill. Tool Works, Inc. v. Solo Cup Co., 461 F.2d at 269 (“[T]he ’213 cups sold to Automatic Canteen should not be considered prior art against the ’360 patent because the subject matter of that sale was Edwards’ own invention.”). Similar to the USPTO determination, the disclosures of Hale and GripTight are not “by another” and as a matter of law those references are not prior art under 35 U.S.C. § 102(a) or (e). See Riverwood Int'l Corp. v. R. A. Jones & Co., 324 F.3d at 1356-57; Ill. Tool Works, Inc. v. Solo Cup Co., 461 F.2d at 271 (“We hold that the District Court erroneously interpreted ‘knowledge of use by others’ in 35 U.S.C. § 102(a) to mean the knowledge and use of Edwards’ own invention.”). 4. Neither Hale Nor GripTight Is Prior Art Under 35 U.S.C. Section 102(b). For Hale and GripTight to qualify as prior art to the ’714 Patent, they must have been disclosed “more than one year” before the filing date for the ’714 Patent. See 35 U.S.C. § 102(b). The application resulting in the ’714 Patent was filed in November 20, 2012. Crockett Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 14 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 Dec. Ex. D (’714 Patent claims priority to application No. 29/437,793 filed on Nov. 20, 2012). Accordingly, a reference is prior art to the ’714 Patent under Section 102(b) only if it was disclosed before November 20, 2011. Hale was first published as U.S. Pat. Pub. No. 2014/0097306 on April 10, 2014. Crockett Dec. Ex. C. Similarly, GripTight was disclosed no sooner than September 2012. Stein Report ¶ 62 (Crockett Dec. Ex. A). Thus, neither Hale nor GripTight qualifies as prior art under Section 102(b) because each was disclosed after the critical date of November 20, 2011. In sum, neither Hale nor GripTight is prior art to the ’714 Patent. As Belkin’s expert concedes, Belkin’s invalidity argument regarding the ’714 Patent is eviscerated without Hale and GripTight as prior art. Stein Dep. 41:24–43:11 (Crockett Dec. B). Accordingly, Belkin cannot present clear and convincing evidence of invalidity, and the ’714 Patent is entitled to a presumption of validity which cannot be rebutted by Belkin. See 35 U.S.C. § 285. Accordingly, this Court should enter partial summary judgment in favor of Kenu on Belkin’s First Affirmative Defense. B. Belkin’s Expert Testified That The ’D707 Patent Is Valid. There is no serious dispute that the ’D707 Patent is valid. Belkin’s expert submitted a report purporting to opine in a mere two pages that the ’D707 Patent is invalid based on obviousness. See Stein Report ¶¶ 105–110 (Crockett Dec. Ex. A). At his deposition, however, Belkin’s expert admitted that the ’D707 Patent is valid, affirming that he “would not consider it obvious in light of Huang and Bulsink…. I would look at it and say it’s a valid design patent ….” Stein Dep. at 73:16–75:6; 159:6–160:15 (Crockett Dec. Ex. B). Indeed, Belkin’s expert agreed that Kenu was the “first” to create the design depicted in the ’D707 Patent. Stein Dep. at 123:9–12 (Crockett Dec. Ex. B). On this testimony alone, Belkin cannot carry its burden to prove invalidity by clear and convincing evidence. Belkin’s only argument regarding invalidity is that Kenu interprets the ’D707 Patent claim so broadly that it must be invalid. Stein Dep. at 159:6–160:15 (Crockett Dec. Ex. B). Yet Kenu has consistently opposed any claim construction of the design patent other than its plain and ordinary meaning. See, e.g., Dkt 43, Kenu’s Opening Claim Construction Brief at 13:1– Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 15 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 15-CV-01429-JD KENU’S MOT. FOR SUMMARY JUDGMENT THAT THE’714 AND’D707 PATENTS ARE NOT INVALID 31409424 14:21. Even if Kenu had proposed some overly broad construction, Belkin improperly conflates infringement with invalidity. As the Supreme Court has held, “When infringement is the issue, the patent’s validity is not the question to be confronted.” Commil USA, LLC v. Cisco Sys., 135 S. Ct. 1920, 1928 (2015); see also Pandrol USA, LP v. Airboss Ry. Prods., 320 F.3d 1354, 1365 (Fed. Cir. 2003) (the Federal Circuit “has long recognized that patent infringement and invalidity are separate and distinct issues.”). “Though an invalid claim cannot give rise to liability for infringement, whether it is infringed is an entirely separate question capable of determination without regard to its validity.” Medtronic, Inc. v. Cardiac Pacemakers, Inc., 721 F.2d 1563, 1583 (Fed. Cir. 1983). Belkin has no genuine defense based on invalidity of the ’D707 Patent, and instead the crux of Belkin’s position is that it does not infringe the ’D707 Patent. But whether Belkin’s accused product infringes the ’D707 Patent is irrelevant to validity. As the Federal Circuit has cautioned, Belkin’s approach of combining analysis of infringement and validity is “dangerous” and improper. See Carman Indus. v. Wahl, 724 F.2d 932, 936 n.2 (Fed. Cir. 1983). CONCLUSION Based on the foregoing, Kenu requests that the Court enter judgment against Belkin on its First Affirmative Defense, and find the ’714 and ’D707 Patents are each not invalid. Dated: May 18, 2017 TROUTMAN SANDERS LLP By: /s/ Marcus T. Hall Marcus T. Hall Attorneys for Plaintiff KENU, INC. Case 3:15-cv-01429-JD Document 73 Filed 05/18/17 Page 16 of 16 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15-CV-01429-JD CROCKETT DEC. ISO KENU’S MOTION FOR SUMMARY JUDGMENT 31409423 TROUTMAN SANDERS LLP Marcus T. Hall, Bar No. 206495 marcus.hall@troutmansanders.com Dean A. Morehous, Bar No. 111841 dean.morehous@troutmansanders.com Craig C. Crockett, Bar No. 265161 craig.crockett@troutmansanders.com 580 California Street, Suite 1100 San Francisco, CA 94104 Telephone: 415.477.5700 Facsimile: 415.477.5710 Attorneys for Plaintiff KENU, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO COURTHOUSE KENU, INC., Plaintiff, v. BELKIN INTERNATIONAL, INC. et al., Defendants. Case No. 15-cv-01429-JD DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ’714 PATENT AND THE ’D707 PATENT ARE NOT INVALID Date: June 29, 2017 Time: 10:00 a.m. Place: Ctrm 11, 19th Fl Judge: Honorable James Donato Case 3:15-cv-01429-JD Document 73-1 Filed 05/18/17 Page 1 of 3 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 15-CV-01429-JD CROCKETT DEC. ISO KENU’S MOTION FOR SUMMARY JUDGMENT 31409423 Craig C. Crockett, under penalty of perjury, hereby declares as follows: 1. I am a member in good standing of the State Bar of California and an associate with Troutman Sanders LLP, counsel for Plaintiff Kenu, Inc. (“Kenu”). I submit this Declaration in support of Kenu’s Motion for Summary Judgment that the ’714 Patent and the ’D707 Patent are Not Invalid. I have personal knowledge of the facts below, and if called to testify, could and would testify competently thereto. 2. Attached as Exhibit A is a true and correct copy of the Opening Expert Report of Matthew I. Stein, P.E., dated March 29, 2017. 3. Attached as Exhibit B is a true and correct copy of excerpts from the Deposition of Matthew I. Stein on April 28, 2017. 4. Attached as Exhibit C is a true and correct copy of U.S. Patent No. 9,103,487 by Eric Hale, Noah Balmer, and David Yao (“Hale”). 5. Attached as Exhibit D is a true and correct copy of U.S. Patent No. 9,080,714 by Kenneth Minn and David Yao (the “’714 Patent”). 6. Attached as Exhibit E is a true and correct copy of U.S. Design Patent No. D690,707 by Kenneth Minn and David Yao (the “’D707 Patent”). 7. Attached as Exhibit F is a true and correct copy of a Final Rejection dated December 4, 2014 from the prosecution history of the ’714 Patent, Bates stamped KENU000622–632. 8. Attached as Exhibit G is a true and correct copy of the Applicant-Initiated Interview Summary of an interview on April 14, 2015 from the prosecution history of the ’714 Patent, Bates stamped KENU000662. 9. Attached as Exhibit H is a true and correct copy of the Declaration of David E. Yao dated April 9, 2015 from the prosecution history of the ’714 Patent, Bates stamped KENU000681–702. 10. Attached as Exhibit I is a true and correct copy of the Notice of Allowance dated June 8, 2015 from the prosecution history of the ’714 Patent, Bates stamped KENU000746–752. Case 3:15-cv-01429-JD Document 73-1 Filed 05/18/17 Page 2 of 3 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 15-CV-01429-JD CROCKETT DEC. ISO KENU’S MOTION FOR SUMMARY JUDGMENT 31409423 11. Attached as Exhibit J is a true and correct copy of excerpts from the Deposition of David E. Yao on March 28, 2017. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 18th day of May, 2017 at San Francisco, California. /s/ Craig C. Crockett Craig C. Crockett Case 3:15-cv-01429-JD Document 73-1 Filed 05/18/17 Page 3 of 3 EXHIBIT A DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID [FILED UNDER SEAL] Case 3:15-cv-01429-JD Document 73-2 Filed 05/18/17 Page 1 of 1 EXHIBIT B DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 1 of 17 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA --------------------------------x KENU, INC., Plaintiff, vs. NO. 14-cv-14327-JD BHH LLC et al., Defendants. --------------------------------x BHH LLC, E. MISHAN & SONS, INC., Plaintiffs, vs. KENU, INC., Defendant. --------------------------------x KENU, INC., Plaintiff, vs. BELKIN INTERNATIONAL, INC., et al., Defendants. --------------------------------x DEPOSITION OF MATTHEW I. STEIN, P.E. Palo Alto, California April 28, 2017 10:06 a.m. Reported By: LINDA VACCAREZZA Job No. 50147 Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 2 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 2 (Pages 2 to 5) 2 1 2 3 4 April 28, 2017 5 10:06 a.m. 6 7 8 Deposition of MATTHEW I. STEIN, P.E., 9 650 Page Mill Road, Palo Alto, California, pursuant 10 to Subpoena before Linda Vaccarezza, a Certified 11 Shorthand Reporter of the State of California. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S: 2 3 FOR THE PLAINTIFF: 4 TROUTMAN SANDERS, LLP 5 580 California Street, Suite 1100 6 San Francisco, California 94014 7 BY: MARCUS T. HALL, ESQ. 8 marcus.hall@troutmansanders.com 9 10 FOR THE DEFENDANTS: 11 WILSON SONSINI GOODRICH & ROSATI 12 650 Page Mill Road 13 Palo Alto, California 94304 14 BY: RYAN R. SMITH, ESQ. 15 rsmith@wsgr.com 16 17 18 19 20 21 22 23 24 25 4 1 I N D E X 2 WITNESS: PAGE 3 MATTHEW I. STEIN, P.E. 4 EXAMINATION BY: 5 MR. HALL 8 6 E X H I B I T S 7 Exhibit 1 8 Opening Expert Report of Matthew I. 9 Stein, P.E. 9 10 Exhibit 2 11 United States Patent and Trademark 12 Office Correspondence, Bates stamped 13 KENU000622 through KENO000632 38 14 Exhibit 3 15 United States Patent No. 9,080,715 38 16 Exhibit 4 17 Declaration of David Yao, Bates stamped 18 KENU000681 through KENU702 39 19 Exhibit 5 20 Examiner-Initiated Interview Summary, 21 Bates stamped KENU000753 49 22 Exhibit 6 23 United States Patent No. 9,103,487 66 24 Exhibit 7 25 United States Patent No. 690,707 69 5 1 EXHIBITS (CONT'D) 2 Exhibit 8 3 Joby Printout, Bates stamped PRIOR ART 4 000075 through PRIOR ART 000080 93 5 Exhibit 9 6 United States Patent No. 757,461, Bates 7 Stamped PRIOR ART 000408 through PRIOR 8 ART 000418 96 9 Exhibit 10 10 Third-Party Submission Under 37 CFR 11 1.290 Concise Description of Relevance 12 Bates stamped KENU000534 through 13 KENU000579 104 14 Exhibit 11 15 United States Patent No. 5,979,724, 16 Bates stamped PRIOR ART 000263 through 17 PRIOR ART 000271 112 18 Exhibit 12 19 Belkin Picture of Drawing, Bates 20 Stamped BELKIN-01 0000183 through 21 BELKIN-01 0000193 114 22 23 24 25 Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 3 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 3 (Pages 6 to 9) 6 1 EXHIBITS (CONT'D) 2 Exhibit 13 3 Plaintiff Kenu Inc.'s Supplemental 4 Responses to Defendant Belkin 5 International, Inc.'s First Set of 6 Interrogatories 124 7 Exhibit 14 8 US District Court Correspondence Re: 9 Kenu, Inc., v. Belkin International, 10 Inc. 127 11 Exhibit 15 12 Rebuttal Expert Report of Matthew I. 13 Stein, P.E. 140 14 Exhibit 16 15 United States Design Patent No. 16 645,033 155 17 Exhibit 17 18 United States Design Patent No. 19 645,033 170 20 Exhibit 18 21 US District Court Correspondence Re: 22 Kenu, Inc., v. Belkin International, 23 Inc. 178 24 25 7 1 EXHIBITS (CONT'D) 2 Exhibit 19 3 Expert Report Prepared by Jacob Jacoby, 4 Ph.D, dated March 2017 203 5 --o0o-- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 1 MATTHEW I. STEIN, P.E., 2 Having been duly sworn, by the 3 Certified Shorthand Reporter, was examined and 4 testified as follows: 5 EXAMINATION 6 BY MR. HALL: 7 Q. Good morning, Mr. Stein. 8 A. Good morning. 9 Q. Have you had your deposition taken before? 10 A. Yes, I have. 11 Q. How many times? 12 A. Something like a dozen. 13 Q. It's questions and answers. I'll ask 14 questions, you will give answers. If you don't 15 understand my questions, let me know. If you want to 16 take a break, let me know. Since you've done it so 17 many times, I'm not going to go through all the normal 18 deposition background. 19 A. Okay. 20 Q. But is there any reason, like are you on 21 medication, sick, or anything that would affect your 22 ability to give accurate testimony here today? 23 A. No. 24 Q. So you provided two expert reports in the 25 context of the case for which you're giving the 9 1 deposition today; is that correct? 2 A. That's correct. 3 Q. When were you first retained to work on this 4 case? 5 A. I think it was October, roughly. I mean, I 6 don't remember specifically, but I think it was 7 sometime -- sometime last fall, in early -- early last 8 fall. 9 Q. Of '16? 10 A. Yes. 11 (Exhibit 1 was marked for identification.) 12 BY MR. HALL: 13 Q. Mr. Stein, I've had placed in front of you 14 what's been marked for identification as Stein Exhibit 15 1. And it's a copy of your opening expert report 16 dated March 29, 2017. 17 Do you recognize this document? 18 A. Yes, I do. 19 Q. And this is your expert report? 20 A. That is correct. 21 Q. The opening report? 22 A. Yes. Opening report. 23 Q. When did you start working on the opening 24 report? 25 A. Roughly January. Early January. Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 4 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 8 (Pages 26 to 29) 26 1 A. I never did the Prow. 2 Q. Yeah. It's not Astroman. And I never did 3 the Rostrum either. 4 A. Yeah. Rostrum was fun. 5 Q. I did a lot down at the Cookie, but not 6 leading. Mostly following, belaying people. 7 A. Yeah. Well, it was fun. It was a fun 8 period. I realized that I could continue on my trek 9 to be Top Ten world climber and be single, or back off 10 and stay married. So I chose the latter. And enough 11 of climbing. We can waste a lot of time on that one. 12 Q. Sure, yeah. We'll move on. 13 A. Yeah. 14 Q. So in any of the time that you've been 15 retained as an expert, have you ever failed to be 16 qualified as an expert by any court? 17 A. No. 18 Q. Have you ever given testimony at trial? 19 A. Yes. 20 Q. How many times? 21 A. Four times. 22 Q. In any of your expert retentions, have any of 23 your opinions ever been rejected? Not that you were 24 not qualified as an expert, but that any of the 25 opinions you were giving as an expert weren't accepted 27 1 by the court for one reason or another? 2 A. No. 3 Q. So let's go into your report. 4 A. Okay. 5 Q. You don't have -- just as a general matter. 6 You don't have any opinion that -- well, strike that. 7 Let's back up. 8 So you understand that the utility patent is 9 what I'm going to call the 714 patent. Is that -- 10 A. Yes. 11 Q. -- okay? Use the long name if we want. 12 So if I say 714 patent, I'm referring to the 13 United States Patent Number 9080714. 14 A. I assume that's the correct number. I just 15 think of it as the 714. 16 Q. Yeah. If we go to Page 1, Paragraph 1. 17 A. Yes, that's correct. 18 Q. And then the design patent I'll refer to as 19 the D-707 or the 707 patent. Is that okay? 20 A. That's -- that's fine. 21 Q. Your opinions in general in here, you don't 22 have any opinions that either the 714 patent or the 23 D-707 patent are invalid as anticipated, correct? 24 A. That's correct. I do not -- I do not believe 25 they are anticipated by any prior art. 28 1 Q. And your opinions with respect to their 2 invalidity are based on obviousness issues, correct? 3 A. That is correct. 4 Q. Now, if we go to Paragraph 13 of your report, 5 and we go to the second sentence where you say, "I am 6 informed that a claim composed of several elements is 7 not proved obvious merely by demonstrating that each 8 element existed somewhere in the prior art." 9 Do you see that? 10 A. Yes. 11 Q. And you believe that to be true? 12 A. That's correct. 13 Q. And then you go on to explain in the next 14 sentence, "I understand that there must be a reason 15 why one of ordinary skill would have combined elements 16 from different prior art references or something else 17 that would have prompted such a person to consider 18 combining prior art elements." 19 Do you see that? 20 A. Yes. 21 Q. And you believe that to be correct as well, 22 right? 23 A. Yes. 24 Q. There has to be some reason to take different 25 pieces of prior art and combine elements from them in 29 1 order to come up with an obviousness type invalidation 2 argument? 3 A. Right. But sometimes, it may be simple as 4 just common sense being a reason to combine. 5 Q. What do you mean by "common sense"? 6 A. That, you know, it's just very, very common 7 elements that -- an engineer would look at them and 8 say, "Oh, yeah, of course. Using these two together 9 might make total sense." It doesn't have to be a 10 specific, like some prior art pointing to a reason to 11 combine. 12 Q. And you also -- are you familiar with the 13 concept of teaching away? 14 A. Yes, I am. 15 Q. And it's possible, in general, that a prior 16 art reference, even though it's in the same field, 17 could, in fact, not be used as a combinable reference 18 for obviousness purposes, because something in the 19 reference itself indicates that it shouldn't be 20 combined in the way that would otherwise create an 21 obviousness type argument? 22 A. I'm familiar with that argument and 23 reasoning. But it's pretty rare that I find that 24 something specifically teaches away. I've seen 25 examples pointed to in the literature of how something Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 5 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 11 (Pages 38 to 41) 38 1 Application Number 13897062. 2 (Exhibit 2 was marked for identification.) 3 BY MR. HALL: 4 Q. And I'm having placed in front you what's 5 been marked for identification as Stein Exhibit 3, a 6 copy of United States Patent Number 9080714, what we 7 have been calling the 714 patent. 8 (Exhibit 3 was marked for identification.) 9 BY MR. HALL: 10 Q. So I just want you to confirm that this 11 Exhibit 2 is an office action in the 714 patent, and 12 more specifically, the one you began talking about in 13 Paragraph 26. 14 A. That is correct. 15 Q. And you know that because we can match the 16 application numbers up on the face of the patent and 17 the Patent Office communication? 18 A. Correct. 19 Q. And in this, the examiner rejected all the 20 then-pending claims in the application for the 714 21 patent, correct? 22 A. Yes. 23 Q. And you see here, if you go to Paragraph 2, 24 where the examiner starts outlining his obviousness 25 rejection for the pending claims. He cites this U.S. 39 1 published application 2010/0019059, the Bulsink. 2 A. Yes. 3 Q. And Bulsink is one of the references that you 4 rely on to render your opinions with respect to 5 invalidity of the asserted claims of the 714 patent, 6 correct? 7 A. That is correct. 8 Q. And then if we go to Paragraph 28 of your 9 declaration, you talk about -- or your report, you 10 talk about a declaration that was filed by Mr. Yao. 11 A. Yes. 12 MR. HALL: Mark this as next in order. 13 (Exhibit 4 was marked for identification.) 14 BY MR. HALL: 15 Q. Mr. Stein, I've had placed in front of you 16 what's been marked for identification as Stein Exhibit 17 4, a copy of a declaration of David E. Yao. Do you 18 recognize this document? 19 A. Yes. 20 Q. And is this the Yao declaration that you're 21 referring to in Paragraph 28? 22 A. Let me glance through it. 23 Q. Absolutely. Please take -- whenever you're 24 handed a document, take as much time as you need to 25 look through it. 40 1 A. Okay. 2 Q. Do you recognize Exhibit 4? 3 A. Yes, I do. 4 Q. And is this the Yao declaration that you're 5 talking about here in Paragraph 28 of your opening 6 report? 7 A. It's at least this, yeah. But that's -- I 8 can't recall if there's anything on top of that. But 9 yes, I do recognize that. And that's what he 10 submitted -- let me just look at the front. Yeah. So 11 that's what I'm referring to. 12 Q. So first, do you have any information that 13 would call into question any of the statements that 14 Mr. Yao makes in this declaration? 15 A. I wouldn't call that into question. The 16 statements he makes in the declaration. But I do -- 17 at the time -- my understanding is that at the time, 18 that this was a patent application and not an issued 19 patent. And my understanding from legal counsel, not 20 being a lawyer, is that what he's said here is 21 legitimate. And -- but that once, because there were 22 other inventors named in the patent, that once it 23 issued as a patent, then it becomes official prior 24 art. 25 And then in addition, Joby had publicly 41 1 disclosed the GripTight, I think it's called a 2 GripTight, and through various marketing things had 3 started to sell the GripTight prior to the 707 patent. 4 So the fact that Joby -- my understanding is is that 5 whether he knew it or not, it wasn't disclosed to the 6 examiner that the GripTight was in the public domain, 7 and so therefore was a valid prior art. 8 So I have no reason and no information that 9 would call into question his declaration here, but my 10 understanding is that both the issuance of the patent 11 with other inventors in addition to Mr. Yao on the 12 patent, and the fact that the GripTight, which is an 13 embodiment of the device that's being discussed that 14 he developed at Joby, does qualify as prior art, and 15 that the examiner wasn't aware of either of those 16 facts. Well, the patent hadn't issued, so he couldn't 17 have been aware of that. And -- but he apparently 18 also wasn't aware of the public disclosure of the Joby 19 GripTight. 20 Q. The examiner, though, does cite the Hale 21 application that's attached to the Yao declaration as 22 Exhibit A, correct? 23 A. That is correct. 24 Q. And we'll get into it in more detail. But 25 in, general your opinions with respect to the Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 6 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 12 (Pages 42 to 45) 42 1 invalidity of the asserted claims of the 714 patent 2 rely on the Hale reference, the Hale patent, the 3 patent that issued from the application that was cited 4 by the examiner, or the information you've been given 5 with respect to the GripTight product, correct? 6 A. That is correct. 7 Q. And if neither of those two references 8 qualify as prior art to the 714 patent in this case, 9 then you don't have any opinions with respect to the 10 validity of the asserted claims of the 714 patent? 11 A. I haven't expressed -- let me take a look and 12 see if I had other combinations that I discussed in 13 addition. Certainly, my primary arguments were based 14 on Joby GripTight and the Hale patent. And I stand by 15 those. But let me see if I had any other combinations 16 in here pertaining to the validity of it. 17 Q. And I think you understand my question. But 18 essentially, I'm asking, if we eliminate those two 19 things as prior art in this case, then there are no 20 other opinions that you have with respect to validity 21 or invalidity of the asserted claims of the 714 22 patent? 23 A. Well, let me take a look and make sure. 24 Because those are my primary arguments. I'm just 25 making sure that I didn't have -- I'm just making sure 43 1 I didn't do a secondary one. 2 Q. No, absolutely. 3 A. Because that's the one I'm focused on is Hale 4 and GripTight. 5 That is correct. All of my combinations 6 involve Hale and/or GripTight. 7 Q. And so if those are eliminated as prior art 8 for whatever reason, you wouldn't render any opinions 9 in this case with respect to the invalidity of the 10 asserted claims of the 714 patent? 11 A. That is correct. 12 Q. Now, why is it your belief -- and if the 13 answer is just, this is what counsel told me, that's a 14 fine answer. But why is it your belief that judging 15 whether the -- I'll call it the Hale application, 16 published application that was cited by the examiner, 17 why whether that is prior art in light of Mr. Yao's 18 declaration is different as to whether the issued 19 patent is prior art? 20 A. Why is that? Please restate the question. 21 Q. Sure. You were talking a little bit earlier 22 about the published application being prior art, and 23 the Yao declaration essentially getting around that as 24 prior art because of the statements that Mr. Yao made? 25 A. Right. 44 1 Q. And I'm wondering why the analysis with 2 respect to the issued patent in your mind is different 3 than with respect to the published application? 4 A. This is based on legal counsel in saying that 5 the -- if you have an application and it's pending, 6 may never issue, and someone claims that they are the 7 inventor on two different patent applications, then 8 the PTO might -- could say, my understanding from 9 legal counsel is that you could then say, "Well, it's 10 not really prior art because I'm the inventor in both 11 cases." Again, when it issues, if it actually 12 succeeds at issuing and there's multiple inventor on 13 the patent, my understanding from legal counsel is 14 then that it is the valid prior art. 15 Certainly, the fact that in my opinion, that 16 the Joby GripTight was an embodiment of the invention, 17 and was publicly disclosed and sold prior to -- prior 18 to the 707 patent application, then -- and the 714 19 patent application, then the fact that it was publicly 20 disclosed, irregardless of who the inventor is, it 21 makes it a valid prior art in my opinion. Again, I'm 22 not a lawyer. But that's my understanding. 23 Q. But you don't have any opinion that 24 challenges what Mr. Yao said in his declaration, that 25 he invented certain aspects relating to the 45 1 functionality disclosed in the Hale application? 2 A. Well, there are statements in the depositions 3 in the different inventors that indicated that it may 4 have been co-invented by -- that other people may have 5 had their hand in it. And without going through them 6 with a fine-tooth comb, I haven't quoted them in 7 there, but there are some statements there that 8 indicate that it was co-inventors and not just him. 9 And so -- and again, not being a legal expert, but it 10 appears to me that the co-inventor aspect there from 11 the other depositions could open it up for being a 12 prior art in any case. 13 Q. Well, you don't have anything in your mind, 14 as you sit here today, that refutes what Mr. Yao says 15 in his declaration? 16 A. Well, I remember reading statements in there 17 that cast doubt on that. But I -- it wasn't -- 18 there's nothing quoted in my report that I can point 19 to and say on this specific page. I just reviewed 20 those statements in the last few days of the different 21 depositions and other co-inventors. And so it cast 22 some doubt in my mind. 23 But I'm not going to say he's a liar or 24 anything like that. And it's not -- and it's not 25 clear from the depositions whether or not a -- they Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 7 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 13 (Pages 46 to 49) 46 1 probably knew about Joby being on the market, but they 2 certainly didn't tell the -- tell that to the 3 examiner. 4 Q. You had access to these depositions before 5 you finalized your report on March 29th? 6 A. Not all of them. On the second report, 7 certainly. I had all of them. I don't remember all 8 the dates and all the depositions. So I had access to 9 them, but I went back over them again more recently. 10 So I did have access. I would have to look at each 11 deposition and the date to make sure which ones I got. 12 I certainly had access and read through all of them, 13 or at least scanned all of them. 14 Q. And I'm going to going to represent to you 15 that David Yao deposition in this case was taken 16 before March 29th, 2017? 17 A. Yes. And I did skim David Yao's deposition 18 before that. But since then, I've gone over it in 19 more detail. 20 Q. And you don't cite any portion of Mr. Yao's 21 deposition in your opening report, correct? 22 A. That is correct. 23 Q. Do you have any information as to whether the 24 patent examiner reviewing the application, the 714 25 application, whether based on Mr. Yao's declaration, 47 1 he appropriately removed the Hale application as prior 2 art? 3 A. I'm not a legal expert. And it's actually 4 something that I hadn't been aware of until this case. 5 I never thought or considered this. And so it appears 6 that based on what David Yao told him at the time, and 7 not disclosing that Joby GripTight was on the market, 8 that the examiner did the right thing. I believe -- 9 it's my opinion that if they had disclosed that Joby 10 GripTight was in the public domain prior to -- that 11 they have been selling it and advertising and showing 12 it as trade shows, I believe that the examiner would 13 have made a different action then. 14 But I can't -- I would be speculating if I 15 would say whether they knew or didn't know or 16 purposely withheld. I don't know any of that 17 information. But it's my opinion the examiner would 18 have acted differently had he known -- had that 19 information. 20 Q. Why is that? 21 A. Because it would have been the public domain. 22 It would have been a clear prior art whether he was 23 the inventor or not. It would have been -- it's like 24 when I, as an inventor of a number of inventions, as 25 soon as I publicly disclose something, it's out in the 48 1 public domain and I can't patent that. Once I've gone 2 public or my -- in the U.S., I have a year's -- a year 3 after that which I can do that. But it's still 4 considered a prior art out there. 5 Q. Do you understand that what Mr. Yao described 6 that he invented in his declaration, that was, in 7 fact, his work on the GripTight product for Joby? 8 A. Yes. I understand that was his work in the 9 GripTight. And -- but I understand he also had a 10 couple of co-inventors named on the patent. And it's 11 not totally clear if -- it appears that that was his 12 concept, and how much the other co-inventors 13 contributed, I don't know. 14 Q. And so with respect to an embodiment of a 15 physical product developed from Mr. Yao's inventions 16 -- 17 A. Yes. 18 Q. -- with respect to the GripTight product, 19 he'd also be entitled to this one-year grace period 20 with respect to the physical product being prior art? 21 MR. SMITH: Objection. Calls -- 22 MR. HALL: To the 714 patent. 23 MR. SMITH: Objection. Calls for speculation 24 and legal conclusion. 25 THE WITNESS: Yeah. I'm not enough of a 49 1 legal expert to know the gray area when you've got 2 co-inventors and you're moving something from one 3 product to another product. So I can't -- that's kind 4 of a legal opinion that I can't give because I'm not 5 enough of an expert to know that question. 6 BY MR. HALL: 7 Q. So your opinions in your report with respect 8 to the GripTight product, those are only if GripTight 9 is prior art, correct? 10 A. That's correct. If it's not prior art, then 11 it changes my opinion. 12 Q. And you're not rendering an opinion that 13 GripTight is, in fact, prior art; is that correct? 14 A. I believe it's prior art, but again, I'm not 15 a legal expert. I'm a technical engineering expert 16 and design expert. 17 (Exhibit 5 was marked for identification.) 18 BY MR. HALL: 19 Q. Mr. Stein, I've had placed in front of you 20 what's been marked for identification as Stein Exhibit 21 5. A copy of an examiner initiated interview summary 22 dated May 15th, 2015. 23 First question is: Do you recognize this 24 document? 25 A. Yes, I do. Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 8 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 17 (Pages 62 to 65) 62 1 be a little closer to home. 2 Q. If you go to the next page of your report. 3 You start talking about the prior art? And you talk 4 about the Huang reference. Do you see that, Paragraph 5 40? 6 A. Yeah. There's two Huang references, 7 actually. There's the one in the report, and there's 8 the different one, the PTO that I came up with. 9 Q. And did you review Belkin's list of asserted 10 prior art in this case in coming to your opinions? 11 A. Yes, I did. 12 Q. Did you see this Huang reference in the list 13 of prior art that was asserted by Belkin? 14 A. Actually, I remember printing it out and 15 reviewing the Huang reference. I don't remember 16 specifically where I saw it or where it came from. I 17 assume it's in Belkin's list of prior art, but I don't 18 remember specifically. 19 Q. Why are you citing this Huang reference, 124 20 reference? And we'll go through your report in more 21 detail. But I don't see you cite to it anywhere in 22 your report, other than here in Paragraph 40? 23 A. Because of the clip, the metal clips. They 24 clip on to the louvers in the vent. It's a fairly 25 early reference that shows metal clips, and that both 63 1 Belkin, Kenu and the Bulsink air fresheners all have 2 metal clips. In all of those cases, they are encased 3 kind of plastic, but -- so they all kind of had metal 4 clips in some respect similar to these clips, though 5 this just shows in profile. 6 And so I just wanted to show that this was 7 something that's been around a while, and that it was 8 used not just in air fresheners, but was used right 9 here in a electronic device holder like a -- whether 10 it's for a GPS or for a cell phone. It was already 11 there and disclosed in January of 1997. 12 Q. So you're citing Huang here for the vent 13 clip? Is that fair, can we call it a vent clip? Is 14 that okay? 15 A. Well, vent clip used -- not just a vent clip, 16 like Bulsink's, a vent clip that's used on an air 17 freshener. This is this is a vent clip that's used on 18 a cradle to hold a cell phone or GPS. GPS on -- in a 19 car. So yeah. So it's clearly combining kind of a 20 clamp cradle type thing with vent clip. 21 Q. But for all your opinions, your specific 22 opinions about validity of the asserted claims of the 23 714 patent, you're relying on Bulsink for this vent 24 clip portion, correct? 25 A. In the combination, that is correct. But 64 1 this certainly just says even Bulsink wasn't the first 2 guy to use it. But Bulsink is a vent clip that 3 independently, the PTO examiner looked at the 4 combination of Bulsink and the GripTight, the Hale, 5 and the -- certainly Kenu, the inventors there, David 6 Yao, they talked about Bulsink, and actually seeing 7 the Bulsink in China, and thinking like, "Oh, that's a 8 good way to do it." And he also liked that -- 9 Mr. Minn liked the clamping mechanism that Yao had 10 developed at Joby. 11 And that also independently, my understanding 12 is that the guys at Belkin have also -- had been to 13 China. So at least somebody at Belkin had been to 14 China. And apparently, all the taxis in China have 15 these little fresheners that clip on there, so they 16 were also familiar with it. So that's a combination 17 that, apparently independently, people at Belkin, 18 people at Kenu and the examiner all kind of drew that 19 combination obvious -- that they also looked at that, 20 combined them together independently. Those different 21 groups. 22 Q. The examiner did it, right? 23 A. The examiner did, and my understanding, the 24 Belkin people did, too. That they -- one of those 25 guys had been to China and seen the taxis with all the 65 1 vent clips on them for the Bulsink type stuff. So -- 2 so that's -- so I tended to go towards Bulsink instead 3 of this earlier guy. But I wanted to show that 4 Bulsink wasn't even the originator of it. He might 5 have refined it and made it better. And certainly, 6 that's the one everybody saw, because it was a -- I 7 don't know if anybody has ever seen one of these 8 Huangs actually riding around on a car. But lots of 9 people have been to China and seen the air freshener 10 Bulsinks on cars. 11 Q. And the examiner, in fact, considered Bulsink 12 in reviewing the 714 patent application, correct? 13 A. That's correct, and that was part of his 14 rejection until they had the phone initiated 15 interview. One of the primary reasons for rejection 16 was combination of Hale and Bulsink, along with Ho, I 17 believe, and maybe somebody else. 18 Q. But the examiner was eventually convinced 19 that after the amendments that were discussed and made 20 after that May 15, 2015 examiner interview, the 21 examiner believed that the claims were allowable, they 22 were patentable? 23 A. My understanding is that's after Mr. Yao 24 said, "I'm the inventor of both of these, so it's not 25 really a prior art." And that they incorporated into Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 9 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 18 (Pages 66 to 69) 66 1 Claim 1 the very specific mechanism that he had 2 invented at Joby. And that was part of the Hale 3 application. Co-invented. 4 (Exhibit 6 was marked for identification.) 5 BY MR. HALL: 6 Q. Mr. Stein, I've had placed in front of you 7 what's been marked for identification for use as Stein 8 Exhibit 6, a copy of the Hale patent which is United 9 States Patent 9103487. And this is the Hale reference 10 that you were relying on to render your opinions with 11 respect to invalidity of the Hale 714 patent? 12 A. Yeah. That's the Hale 487, and also, I'm 13 relying on the evidence that the Joby GripTight was 14 sold publicly. 15 Q. I'm going to call this the Hale reference and 16 we'll call GripTight, GripTight. 17 A. Okay. That's fair enough. 18 Q. Now, the publication that the examiner had in 19 front of him, the disclosure contained in that 20 publication is identical to the disclosure of this 21 Hale patent, correct? 22 A. To my knowledge, yes. 23 Q. So there's nothing new that the Hale patent 24 would have added to the examiner's knowledge of the 25 prior art with respect to disclosure that he didn't 67 1 already have in front of him in the Hale application? 2 A. That is correct. To my knowledge. 3 Q. And then Paragraph 41, the next page, you 4 cite to this Lowenthal? 5 A. Yes. 6 Q. And what is the Lowenthal reference to your 7 mind? 8 A. It's a vent mounted articulating holster for 9 a cell phone. So it's a mount for cell phone. Prior 10 to smartphones, so it's like an older style cell 11 phone. And it's got a ball joint so you can change 12 the angle of the cell phone, and it has clips, kind of 13 like tie wraps with hook ends to mount on to a grill. 14 An air vent in an automobile. 15 Q. And then the next reference you cite is 16 Huang? 17 A. Correct. 18 Q. If you go to Paragraph 47. 19 A. Yes. 20 Q. You talk about Huang's design as illustrated 21 in Figures 1-A and 2 which are reproduced below? 22 A. Correct. 23 Q. Do you see these? The Huang reference, it's 24 a publication of a patent application. That was a 25 utility application, correct? 68 1 A. That's correct. 2 Q. They weren't trying to claim ornamental 3 features? 4 A. That's correct. 5 Q. And so when you say it's Huang's design, what 6 do you mean by "design"? 7 A. Well, it's their -- the design represented by 8 Huang. It's not -- it's just what Huang teaches. It 9 shows a mechanism, rack and pinion mechanism for 10 clamping a cell phone or GPS, an electronic device. 11 So it's -- there are some aesthetics to it and 12 mechanism to it. It's a couple of pretty simple 13 drawings. 14 Q. So do the drawings to your mind reflect both 15 functionality as well as ornamental design? 16 A. They certainly reflect functionality, and to 17 some respects, typically, when you're making utility 18 patent, not always, but usually, you draw it somewhat 19 close to what your preferred embodiment is. And so 20 any utility patent, you can be teaching and disclosing 21 an ornamental design, even if it's not the primary 22 goal of your utility patent. 23 So, for instance, in the two designs that I 24 make, the utility lighter and the eye washes, that I 25 applied for both utility patents and design patents. 69 1 I used the same product, the same product drawings on 2 the utility patent as well as the design patent. If 3 you look at the two patents, it's clearly the same 4 product. But in one case, I'm patenting -- I'm 5 providing more detail of the physical mechanism and 6 how it works, and in the other case, I'm just 7 providing like an exterior cosmetic picture of saying, 8 "Hey, this is how it looks, and I want to patent the 9 look of it and not just the function of it." 10 Q. So if we can -- or if you can separate in 11 your mind sort of the functionality that's shown in 12 these Huang figures from the ornamental feature? 13 A. Uh-huh. 14 Q. Are the rack and pinion structure, is that 15 functionality or is that design -- is that ornamental 16 design? 17 A. It's functionality. 18 (Exhibit 7 was marked for identification.) 19 BY MR. HALL: 20 Q. Mr. Stein, I've had placed in front of you 21 what's been marked for identification as Stein Exhibit 22 7. It's a copy of United States Patent D-690707. Do 23 you recognize this document? 24 A. Yes. 25 Q. And this is the D-707 patent that's asserted Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 10 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 19 (Pages 70 to 73) 70 1 against Belkin in this case? 2 A. That's correct. 3 Q. And you see here, if you go to the second 4 page? 5 A. Of the patent? 6 Q. Of the patent, yeah. Where it says 7 "referenced cited"? 8 A. Yes. 9 Q. Do you see the examiner looked at a number of 10 design patents in reviewing the 707 application, 11 correct? 12 A. That's correct. 13 Q. And did you look at all of these design 14 patents? 15 A. No, I did not. 16 Q. Did you look at any of them? 17 A. I think I looked at a couple of them. I 18 think I looked at Musselman. I can't say specifically 19 which ones I looked at. I would have to see a picture 20 of each to determine which ones I looked at. 21 Q. If you didn't look at all of them. 22 A. Yes. 23 Q. How do you know that the examiner didn't have 24 something similar in terms of appearance in front of 25 him as is reflected in these Huang drawings? 71 1 A. I know he didn't cite Huang, but I can't say 2 that he didn't find something that looked kind of like 3 Huang. So I didn't analyze them carefully from that 4 perspective. 5 Q. And do you think that's fair? You're 6 rendering an opinion that the D-707 patent is invalid 7 because it's obvious,, right? 8 A. I'm -- if you look at my opinion on that. 9 Q. Sure. 10 A. It's a little more specific than that. So 11 let me see where I talk about that. 12 Q. I think you start on Page -- 13 A. In fact, it's very specific words, verbiage 14 on that. Let's see. The obviousness of the 707. And 15 so I really want to point that out exactly what I'm 16 saying. 17 Q. Page 37, I think is where it starts? 18 A. Okay. Okay. I'm saying, if the claim of the 19 707 patent are to be interpreted as broadly as Kenu 20 suggested in their claim charts, then it is my opinion 21 that the 707 patent would be rendered obvious in light 22 of the combination of Huang-Bulsink. My personal 23 opinion is that Kenu is asking for overly broad 24 interpretation of their 707 patent. 25 And so normally, when I look at a design 72 1 patent, it's fairly narrow, and you have to look at 2 other arts around there. And typically, unless 3 something really looks very, very close to that, 4 there's no infringement. 5 If you look at -- so you look at the Belkin 6 products, versus itself Kenu products, and they are 7 styled quite differently, with sharp crisp lines and 8 features on Belkin. There's quite a number of areas 9 of difference. In general, just at a quick glance, I 10 would say there's no infringement, period. And so I'm 11 going to -- I would say these are very distinct 12 designs from a design patent, which doesn't consider 13 functional features. It just looks at the design, the 14 ornamental aspects of it. I would look at and say 15 right off the bat, there's no infringement. 16 So my opinion on obviousness is really based 17 on the breadth that Kenu is claiming that this design 18 patent has. So I'm saying if, in fact, it would 19 infringe, then it would also have been obvious based 20 on Huang and Bulsink. But normally, I would basically 21 say, "Hey, this 707 is narrow. It's not at all like 22 Belkin, and there's no infringement." And so my 23 obviousness argument is really based on the breadth 24 that Kenu is trying to claim on that. 25 Q. So if we divorced the issues of validity and 73 1 infringement, so let's say hypothetical, you don't 2 know anything about Kenu's infringement contentions in 3 this case. Right? Let's just set that up. So I've 4 walled that off in your mind? 5 A. Yeah. 6 Q. And you just look at the Kenu patent and the 7 design drawings. Is it your opinion that the 8 combination of these Huang drawings with Bulsink 9 render the D-707 drawings invalid as obvious? 10 A. Could you please restate the question? 11 Q. I can try. 12 A. Just say it over again or have her read it 13 back. 14 MR. HALL: Can you read it back? 15 (Record read as follows: 16 Question: So if we divorced the issues of 17 validity and infringement, so let's say 18 hypothetical, you don't know anything about 19 Kenu's infringement contentions in this case. 20 Right? Let's just set that up. So I've 21 walled that off in your mind? 22 Answer: Yeah. 23 Question: And you just look at the Kenu 24 patent and the design drawings. Is it your 25 opinion that the combination of these Huang Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 11 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 20 (Pages 74 to 77) 74 1 drawings with Bulsink render the D-707 2 drawings invalid as obvious?) 3 THE WITNESS: If I was looking at the case. 4 If I was looking at it totally independent of the 5 case, and then I would look at it, and I would not 6 consider it obvious in light of Huang and Bulsink. 7 And I would also think that there was no question of 8 infringement with Belkin. I would look at it and say 9 it's a valid design patent, but there's no way it 10 infringes on Bulsink, because there is such a 11 significant difference in design features and design 12 theme between the Kenu and Bulsink. So in my opinion, 13 there's -- there would be no infringement and it would 14 be valid. 15 But in looking at it, if I look at it from 16 the perspective of assuming there's infringement, then 17 that would be giving it a much broader interpretation 18 of the range and the scope of the design patent. And 19 so if I was to assume that it's valid on infringement, 20 then I would at that point, I would say, "Well, then 21 it's rendered obvious by the combination of Huang and 22 Bulsink." Because Huang and Bulsink would -- do you 23 see? 24 So from one perspective, I would say there's 25 no infringement and it's valid. The other perspective 75 1 is saying, I'm assuming there really is infringement, 2 then it's broader than I would normally give an 3 interpretation to a design patent. And in that case, 4 if it's that basic of a design patent and covers that 5 broad a range, then it's obvious based on Wong and 6 Bulsink. Is that understandable and clear? 7 BY MR. HALL: 8 Q. I do understand what you're saying. 9 Have you ever rendered an opinion like this 10 before with respect to the validity or invalidity of a 11 design patent? 12 A. Again, on the design patent on the Victorian 13 water closets, I did render an opinion on the validity 14 and infringement, validity and infringement of the 15 patent. 16 Q. But I'm talking about not just in general an 17 opinion, but this form of an opinion, where you're 18 stating if the design reaches this product, that it's 19 invalid, because this product looks more like these 20 two references that existed in the prior art? 21 A. Not exactly. But I have done very parallel 22 thing with infringement on utility patents, where I 23 basically said, "You can't have it both ways. You 24 can't -- if you're going to" -- I've done exactly the 25 same thing in parallel with utilities, where I've 76 1 said, "Look. You can't give this -- if you give this 2 claim this really broad interpretation where we would 3 infringe it, with that broad of an interpretation, the 4 claim is invalid because there's prior art that would 5 have anticipated it or made it obvious." 6 So you can't have your cake and eat it, too. 7 If you're going to give this really broad 8 interpretation to the claim, your patent is invalid. 9 Because now these other prior arts now anticipate or 10 render you obvious. If you give the narrow 11 interpretation of the claim, which I believe is the 12 correct interpretation, then there's no infringement. 13 So you can't have it both ways. You can't 14 interpret it so narrowly that -- you can't interpret 15 it so broadly that our product infringes, and then 16 narrow it down and say it's not anticipated or 17 rendered obvious by these prior arts. You can't have 18 your cake and eat it, too. 19 Q. And I understand 100 percent of what you're 20 saying with respect to utility patents. And you go 21 for broad interpretations, and you sweep in more prior 22 art that can render that broad interpretation invalid? 23 A. Correct. 24 Q. Have you ever seen that done with the design 25 patents? 77 1 A. No. Because design patents come -- in my -- 2 even though half my patents are design patents and 3 half are utility patents, and design details are what 4 I live by all the time. So it's an area where I'm a 5 great -- I'm really truly an expert at that as well as 6 the utility end. But it's just not designing 7 sunglasses or clothing items and -- or chairs. 8 I haven't been so involved in prosecuting -- 9 in defending or prosecuting -- I haven't been so 10 involved in litigation with design patents, so I 11 haven't used that argument in the past. But I've 12 definitely used it in utility patents, and in my mind, 13 it's just as applicable to the design patent as it is 14 to utility patent. I just simply haven't had cause to 15 use it before. 16 Q. Do you understand that the judge in this case 17 declined to interpret the design patent? 18 MR. SMITH: Objection. Calls for 19 speculation. Misinterprets the record. 20 THE WITNESS: I don't -- I know that in 21 general, it's been -- through prior court histories, 22 it's been determined that you don't try to define the 23 claims of a design patent verbally. You don't try to 24 construe them. You just take the pictures out of the 25 patent and those are your claims. That that -- my Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 12 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 21 (Pages 78 to 81) 78 1 understanding is from prior cases, that that's been 2 kind of determined by the courts. And I'm not a legal 3 expert, but that's my understanding. 4 And so what you're saying about the judge, 5 again, not paying much careful attention to it, but I 6 am assuming that's basically what he did was, he said, 7 "Hey, we are not going to construe claims here," and 8 he's following prior case patterns of just saying the 9 pictures are the claims and going at it from there. 10 I haven't looked into it beyond that, and so 11 I don't really have opinion on what you're saying 12 about the judge and not construing. I'm just kind of 13 speculating that he's done -- he's just following 14 prior case precedent, and that's what he's doing. But 15 beyond that, I don't know. I didn't pay much 16 attention to that. 17 Q. You didn't assist Belkin in coming up with 18 proposed constructions for the design patent? 19 A. No. But I definitely, in doing my report, I 20 developed -- I went far beyond what I was given by -- 21 as a starting place from claim construction. This is 22 my area of expertise, so I went far beyond what I had 23 been given to start with in doing this report. 24 Q. So let's go to Paragraph 48 of your report. 25 Page 17. 79 1 A. Opening? 2 Q. Yeah, opening report. 3 A. 48? Okay. 4 Q. And this is write start talking about 5 Bulsink? 6 A. Yeah. 7 Q. If we go to the next page where you show some 8 drawings. This Bulsink reference doesn't show any 9 rotatability, correct? 10 A. That is correct. 11 Q. And nor does this Bulsink reference show or 12 disclose anything about how to attach a mobile device 13 to it; is that correct? 14 A. That is correct. 15 Q. And so if -- is it a fair summarization of 16 your opinion with respect to the importance of the 17 Bulsink reference to this case is the vent clip? 18 A. That's correct. 19 Q. If we go to Page 20. This is where you start 20 talking about the Hale patent, 487 patent. And on 21 Paragraph 56, you say, "The PTO did not have Hale 487 22 before it as the patent did not issue until August 11, 23 2015. I understand that as a matter of law, Hale 487 24 qualifies as prior art under 35 U.S.C. Section 102(a), 25 because not all the inventors are the same as those of 80 1 the 714 patent." 2 Do you see that? 3 A. Yes, I do. 4 Q. This is what we were talking about earlier 5 with respect to whether there's any difference in the 6 analysis of the Hale patent being prior art as opposed 7 to the Hale patent application publication? 8 A. That's correct. 9 Q. And is there anything more than what we have 10 already talked about that you want to add to that, to 11 your understanding of this concept of the 487 patent, 12 the Hale patent being prior art? 13 A. No. That, and we already discussed the Joby 14 GripTight, yeah, as the physical embodiment of Hale 15 being sold and disclosed in the public domain. 16 Q. So if you go to Paragraph 60. 17 A. Yes. 18 Q. That's where you start talking about 19 GripTight? 20 A. That's correct. 21 Q. And is the information that you reviewed on 22 GripTight, was it only documents that you reviewed 23 about the GripTight product? 24 A. No. I have a physical one. 25 Q. You had a physical sample? 81 1 A. Yeah, yeah. Yeah, I have a physical 2 GripTight and documents. 3 Q. And the one that you have, do you know if it 4 is identical to the GripTight that was available prior 5 to the filing of the D-707 application? 6 A. I can't unequivocally say that it's 7 identical. I will say that it looks identical in 8 construction to what's shown in the Hale application 9 and what's shown in this picture here. From the 10 Wayback machine, it's at 2012. So it looks identical, 11 but I can't say every little tiny screw or pin in it 12 was identical. But it basically looks the same. This 13 is a November 20th, 2012 video from YouTube. So to 14 the nearest I can tell, it's identical. 15 Q. And the GripTight product, it's not a mount 16 that attaches to a vent, correct? 17 A. It's -- it's -- since they have added an 18 adapter to attach to a vent, at the time of -- as a 19 prior art, it was attached to a little tripod thing. 20 It actually had a universal 1/4-20 screw hole in the 21 bottom, so you can attach it to any number of 22 different mounts. And to my knowledge at that point 23 in time, it didn't have a vent mount to attach it to. 24 Q. There's no disclosure that you've reviewed 25 that dates prior to the filing of the D-707 Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 13 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 32 (Pages 122 to 125) 122 1 these types of projects, correct? 2 MR. SMITH: Objection. Vague. 3 BY MR. HALL: 4 Q. At the time back in 2012, and before there 5 were at least ten different cell phone car accessory 6 companies that were working on how to attach a cell 7 phone to the interior of a car; isn't that correct? 8 MR. SMITH: Objection. Calls for 9 speculation. 10 THE WITNESS: I don't know how many there 11 were, but it can be assumed there was at least several 12 companies that were making mounts that worked in cars. 13 BY MR. HALL: 14 Q. Well, let's go back go Exhibit 12. 15 A. Yes. 16 Q. How many different companies are listed here? 17 A. Which one? 18 Q. 186, the big chart? 19 A. The big chart? Yes. 20 Q. I count nine different companies not 21 including Belkin, so -- 22 A. There's Steelie Liveproof, IOttie, Else, 23 Neograb, Griffin, Sochi, Akron. Yeah, eight, nine, 24 something like that. 25 Q. And Kenu? 123 1 A. And Kenu. 2 Q. And Belkin? 3 A. And Belkin. Yes. 4 Q. So that's ten? 5 A. That's ten. 6 Q. Working on it. 7 A. On some form of car mounted attaching 8 devices, yeah. 9 Q. So if it was so obvious, why didn't one of 10 these many different companies working on this problem 11 come up with a solution? 12 A. Somebody has to be the first guy and do it. 13 Q. And isn't the first guy entitled to a patent? 14 MR. SMITH: Objection. Calls for a legal 15 conclusion. 16 THE WITNESS: It's possible. It all depends 17 on -- sometimes they are not. I mean, I've been first 18 guy to do a lot of things that weren't patented. So 19 sometimes yes, sometimes no. 20 BY MR. HALL: 21 Q. So going to Paragraph 104 of your report, you 22 say, "I understand that Belkin asked Kenu to identify 23 any secondary considerations of non-obviousness, and 24 that Kenu was not provided a substantive response." 25 So what information did you review in coming 124 1 to that conclusion? 2 A. That was -- I just reviewed information 3 coming from Kenu that they did not provide a 4 substantive response. So at that point, their initial 5 expert report, I didn't -- in all of the stuff that I 6 reviewed, I didn't see any substantive response. Now, 7 in his rebuttal report, he did bring up evidence of 8 secondary considerations, but in the -- I didn't see 9 anything in responses from Kenu. Maybe there was 10 something there that I missed, but I haven't seen 11 anything. 12 (Recess taken from 2:49 p.m. to 3:02 p.m.) 13 (Exhibit 13 was marked for identification.) 14 BY MR. HALL: 15 Q. So Mr. Stein, I've had placed in front of you 16 what's been marked for identification as Stein Exhibit 17 13, a copy of plaintiff Kenu, Inc.'s supplemental 18 objections and responses to defendant Belkin 19 International, Inc.'s first set of interrogatories. 20 And first, if you can turn to the last page. It's not 21 going to be the last page. If you can turn to the 22 third to the last page. 23 A. Do you have a number? 24 Q. No, they are not numbered. This is a page 25 with a signature on it. The page before that page. 125 1 A. No. 2 Q. Go two pages in. 3 A. This one? 4 Q. That one. You see it's dated February 23rd, 5 2017. 6 A. February 23rd, yes. 7 Q. And that's about a month before your opening 8 report, correct? 9 A. Yes. 10 Q. And so if you go to Interrogatory Number 2, 11 so that's going to be on page -- starts on Page 5. 12 A. Uh-huh. 13 Q. Do you see interrogatory, "Identify any 14 secondary considerations and/or objective indicia of 15 non-obviousness for the claims of the asserted patent. 16 And state in detail the complete legal and factual 17 basis for such secondary considerations and/or 18 objective indicia, including the identity of any 19 documents and evidence that support such secondary 20 considerations and objective indicia." 21 Do you see that? 22 A. Yes, do. 23 Q. And if we go to the next page, supplemental 24 response to Interrogatory Number 2, it's a bunch of 25 objections. Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 14 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 40 (Pages 154 to 157) 154 1 Q. Did you do any poll or focus groups of 2 consumers of cell phone products? 3 A. No. 4 Q. Did you speak to any consumers of cell phone 5 products? 6 A. My girlfriend. 7 Q. Are you -- is your opinion in here based upon 8 your discussions with your girlfriend? 9 A. No. 10 Q. So with respect to -- we'll get into that 11 later actually. So let's go to Page 7 of your 12 rebuttal report. 13 A. Okay. 14 Q. Here, we see a Belkin patented product, 15 correct? 16 A. That's correct. 17 Q. But it doesn't look anything like either the 18 patent drawings or the Kenu Airframe or the Belkin 19 vent mount? 20 A. Or the Belkin -- I don't know what it's 21 called, but there's a prior Belkin that had a gripping 22 thing that is quite similar to -- in appearance to the 23 grip on the current Belkin product. 24 Q. I think if you turn the page. Is that what 25 you're talking about? 155 1 A. Yeah, the one on of the left. 2 Q. The Page 8. Or on Page 8, this Belkin 3 878353. 4 A. Yes. 5 (Exhibit 16 was marked for identification.) 6 BY MR. HALL: 7 Q. Before you look at 17, Mr. Stein? 8 A. 17. 9 Q. Before you look at 16? 10 A. Yes. 11 Q. Is it your opinion that the Belkin vent mount 12 looks more like the images here than the design 13 drawings of the D-707 patent? 14 A. Excuse me. Could you repeat again? 15 Q. Sure. This image here in your report on Page 16 8? 17 A. On Page 8. 18 Q. Paragraph 17. Is it your opinion that the 19 Belkin vent mount, Version 1, looks more like this 20 product than the patented drawings of the D-707? 21 A. More like which one? 22 Q. This image here. 23 A. This image looks more like which product? 24 Q. The Belkin vent mount, Version 1? 25 A. Oh, looks more like this. Now I'm looking at 156 1 it in a picture. Probably not. But there's sharp 2 element -- this has a -- this expands in a symmetric 3 fashion and has more sharp linear features similar to 4 -- so it's -- my opinion is that it looks about as 5 much like the -- in certain views, it looks much more 6 like the Belkin vent mount than the Kenu product does. 7 In other views, it doesn't. It depends on which view 8 you're looking at. So there's similarities in 9 function to it. 10 Q. Now, if you could look -- 11 A. But it's not the same. It's certainly not 12 the same. And the Belkin vent mount, I believe, is 13 not the same as the Kenu product either. 14 Q. If you look at Exhibit 16, it's -- 15 A. Yes. 16 Q. The United States Patent D-645033? 17 A. Yes. 18 Q. Take a look at Figure 2. 19 A. Yes. 20 Q. And Figure 4. Figure 5. To your mind, does 21 this look like the Belkin vent mount product? 22 MR. SMITH: Objection. Vague. 23 THE WITNESS: Does it look like it? Would 24 you say would -- you must define it a little more. 25 Like it is a gripping product and it has an electronic 157 1 port. And I mean, in my mind, it looks more like the 2 Airframe than it does the Belkin's product. But it's 3 not a -- it doesn't look like a clone of either. So I 4 don't think it would infringe -- if Belkin had a 5 patent, it wouldn't infringe on that, and if -- and in 6 my opinion, it doesn't infringe on the 707 patent 7 either. The design patent. But because it's got the 8 dual rods and stuff, it's probably closer to the Kenu 9 product than it is to the Belkin product. But it 10 doesn't look like either of them. 11 BY MR. HALL: 12 Q. But that's just your opinion, right? 13 A. That is my opinion. And it's been granted a 14 design patent, and its date predates -- yeah. And it 15 predates the Kenu product. So it has two rods and 16 gripping features on both ends, and predates the Kenu 17 product. So it's -- is it a cited reference in the 18 Kenu -- do you know whether or not it's a cited 19 reference in the 707 patent? 20 Q. Yes. It is. I mean, we can look at it. But 21 it's -- if you look at the Exhibit 7 or your copy of 22 Exhibit 7. 23 A. Yeah. It's the 033. 24 Q. And it's on the left-hand column, the fourth 25 reference down? Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 15 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 41 (Pages 158 to 161) 158 1 A. Yes. I see it. Kwon, et al. Okay. Makes 2 sense. Yes. 3 Q. And the examiner reviewed this and still 4 allowed the -- this D-707 patent, right? 5 A. That is correct. 6 Q. So in the examiner's eyes, a device of this 7 design didn't render D-707 obvious? 8 A. Right. And if you will recall, my caveat on 9 the obviousness argument against 707 was strictly 10 based on the broad interpretation that I believe that 11 Kenu is interpreting their patent on. So my only -- 12 so that was the caveat in my obviousness argument 13 there was that if that patent is so broad as to 14 construe that Belkin infringes on it, then I believe 15 it would be obvious in the basis is of Bulsink and 16 Huang. Bulsink, B-U-L-S-I-N-K, and Huang, H-U-A-N-G. 17 And so in my opinion, as a designer and 18 somebody who has a half a dozen design patents, I 19 would not make -- I would not look at the 033 patent 20 and consider the 707 to be either anticipated or 21 obvious based on the 033 patent. But I also would 22 not -- if Belkin were to apply for a design patent on 23 their Vent Mount 1, and I was looking -- then I would 24 not think it would be anticipated or infringing by 25 either the 707 or the 033 patent. 159 1 In my opinion, there's enough significant 2 design and cosmetic feature differences between the 3 Belkin vent mount and both the 033 reference and the 4 707 that the Belkin vent mount would neither be 5 infringed nor anticipated. 6 Q. Is it your opinion that if the Belkin vent 7 mount, Version 1, doesn't infringe the D-707 patent, 8 then the D-707 patent is valid? 9 A. I haven't gone -- I would say that in my 10 normal way of looking at things, at design patent, 11 that the D-707 patent would be valid and the Belkin 12 would not infringe. And that the only reason I'm 13 considering it invalid on the basis of obvious to 14 combine Huang and Bulsink is given the broad 15 interpretation that Kenu is giving, then I'm saying, 16 well, if you're going to interpret it that broadly 17 that Belkin would be infringing, then in my opinion, 18 it's also obvious based on Huang and Bulsink. 19 And so it's kind of what I said earlier when 20 I made the analogy to utility patents, that you can't 21 have your cake and eat it, too. That you can't 22 broaden the claim, interpretation of a claim, really 23 broaden the utility patent to make infringement, and 24 then still have a valid patent in many cases, because 25 you would interpret that case so broadly then, if you 160 1 did it that broadly, then it's -- the patent is 2 invalid because there are other prior arts to either 3 anticipate or render it obvious. 4 And so I'm making basically the same argument 5 with the 707 patent, that in my opinion, there's no 6 infringement between Belkin Airframe 1 and the 707 7 patent. And in my opinion, if -- that the case would 8 be valid if, in my normal way of looking at it, that 9 707 is a valid patent, design patent, and 10 non-infringing. 11 But if I'm going to expand it to where that 12 design patent is so broad that it includes the 13 Airframe, then in my opinion, it's not valid, because 14 now it's expanded to the point to where it would be 15 rendered invalid for obviousness. Obvious to combine. 16 Q. Okay. And by Kenu's interpretation of the 17 design patent, do you mean that because Kenu is 18 asserting design patent against the Belkin vent mount 19 product? You understand Kenu has not proposed an 20 interpretation of the design patent drawings, correct? 21 A. None other than that these are the figures. 22 Q. Right. So it's really an assertion of those 23 figures to cover Belkin's vent mount product that 24 you're calling Kenu's interpretation? 25 A. Partially, in that when Kenu made the 161 1 application for their Airframe, what's it called, the 2 Airframe Plus, they were denied initially the design 3 patent, and on the basis of obviousness and 4 anticipation from their Airframe patent, from the 707 5 patent. Basically saying the examiner looked at their 6 Airframe Plus, the application for that, and said, 7 "Hey. This is -- this looks like a lot like the one 8 we already gave you a patent on, the 707." 9 And so they replied, rather extensively, to 10 the examiner, and they came up with a list of about a 11 dozen differences between the Airframe Plus and the 12 Airframe, and they had ten or 11 specific figures, and 13 a list of about, I think a dozen, either 11 or 12 14 summaries of differences. And they said that these 15 are substantial differences between the Airframe Plus 16 and the Airframe. 17 And the examiner looked at those list of 18 differences and the figures showing an Airframe Plus 19 next to an Airframe and said, "Okay. Those are 20 substantial enough that I'm granting you a patent." 21 And so when I look at that list of 22 differences that they provided to the examiner, and I 23 compare those differences between the Airframe and the 24 Belkin vent mount, the first vent mount, I -- in my 25 opinion, the -- in almost every one of those -- in Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 16 of 17 MATTHEW I. STEIN, P.E. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 DAVID FELDMAN WORLDWIDE, INC. 57 (Pages 222 to 225) 222 1 2 STATE OF ______________ ) 3 ) :ss 4 COUNTY OF ______________) 5 6 7 I, MATTHEW I. STEIN, P.E., the 8 witness herein, having read the foregoing 9 testimony of the pages of this deposition, 10 do hereby certify it to be a true and 11 correct transcript, subject to the 12 corrections, if any, shown on the attached 13 page. 14 15 ___________________________ 16 MATTHEW I. STEIN, P.E. 17 18 19 20 Sworn and subscribed to before 21 me, this day of 22 , 2017. 23 24 _______________________________ 25 Notary Public 223 1 REPORTER'S CERTIFICATE 2 3 I, LINDA VACCAREZZA, a Certified Shorthand 4 Reporter for the State of California, do hereby 5 certify: 6 7 That the foregoing witness was by me duly 8 sworn; that the deposition was then taken before me at 9 the time and place herein set forth; that the 10 testimony and proceedings were reported 11 stenographycally by me and later transcribed into 12 typewriting under my direction; that the foregoing is 13 a true record of the testimony and proceedings taken 14 at that time. 15 IN WITNESS WHEREOF, I have subscribed my name 16 on this date: May 12, 2017 17 18 ________________________________ 19 LINDA VACCAREZZA, CSR. NO. 10201 20 21 22 23 24 25 224 1 INSTRUCTIONS TO WITNESS 2 3 Please read your deposition over carefully 4 and make any necessary corrections. You should state 5 the reason in the appropriate space on the errata 6 sheet for any corrections that are made. 7 After doing so, please sign the errata sheet 8 and date it. 9 You are signing same subject to the changes 10 you have noted on the errata sheet, which will be 11 attached to your deposition. 12 It is imperative that you return the original 13 errata sheet to the deposing attorney within thirty 14 (30) days of receipt of the deposition transcript by 15 you. If you fail to do so, the deposition transcript 16 may be deemed to be accurate and may be used in court. 17 18 19 20 21 22 23 24 25 225 1 E R R A T A 2 3 4 5 I wish to make the following changes, 6 for the following reasons: 7 8 PAGE LINE 9 ___ ___ CHANGE:__________________________ 10 REASON:___________________________________ 11 ___ ___ CHANGE:__________________________ 12 REASON:___________________________________ 13 ___ ___ CHANGE:___________________________ 14 REASON:___________________________________ 15 ___ ___ CHANGE: __________________________ 16 REASON:___________________________________ 17 ___ ___ CHANGE: __________________________ 18 REASON:___________________________________ 19 ___ ___ CHANGE: __________________________ 20 REASON:___________________________________ 21 22 _________________________ _____________ 23 WITNESS' SIGNATURE DATE 24 25 Case 3:15-cv-01429-JD Document 73-3 Filed 05/18/17 Page 17 of 17 EXHIBIT C DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 1 of 20 Ill 111111111111111111111 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 II II Ull lIE li ii USOO9I 03487B2 12 United States Patent Hale et al 10 Patent No 45 Date of Patent Us 9103487 B2 Aug 11 2015 54 ADJUSTABLE MOUNTING CLIP AND SYSTEIVI USING SAMt 71 Applicant DayMen US Inc Pctaluma CA US 72 Inventors Eric Bale San Francisco CA US Noah Batmer Oakland CA US David Yao San Francisco CA US 73 Assignee Daymen US Inc Petaluma CA US Notice Subject to any disclaimer the term of this patcnt is cxicndcd or adjusted under 35 U.S.C 154b by days 21 AppI No 13/665934 22 Filed Nov.12012 65 Prior Publication Data US2014/0097306A1 Apr 10 2014 Related U.S Application Data 60 Previsional application No 61/615273 filed on Mar 24 2012 52 U.S Cl CPC F16M13/0222013.01FI6MJL/O41 2013.01 Ff631 13/00 2013.01 110431 V04 2013.01 58 Field of Classification Searcb CPC FI6MII/10 FI6MI1/041 FI6MII/38 USPC 248/122.1 346.07346.03346.04 See application file for complete search histosy 56 References Cited 2164.299 611939 Mandcll etal 401741 5457745 IO/t995 Wang 5.903645 5/1999 Tsay 8413943 III 4/2013 Li 248/454 8.550421 B2 10/2013 Liu 248/455 2007/0262223 At 11/2007 Wang et al 248/346.07 2007/0284500 At 12/2007 Faa 2009/0224113 Al 9/2009 Voorires 248/122.1 2011/0290975 Al 12/2011 Lin 248/346.04 cited by examiner Primary Kvamincr Bradley Duckworth 74 Attorney Agent or Firm Michael Guth 57 ABSTRACT An adjustable mounting clip for an electronic device such as cellular telephone or smart phone The mounting clip may be adapted to be supported by flexible support apparatus such as tripod The mounting clip nsay support variety of electrenic device types with an automatically adjusting vati able dcvicc receiver The mounting clip may be adaptcd to retract into compact stowed position when not in use 10 Claims 15 Drawing Sheets U.S PATENT DOCUMENTS 51 lnt.Cl A47F 5/00 FI6M 13/02 HO4M 1/04 FI6M 11104 FJ6M 13/00 2006.01 2006.01 2006.01 2006.01 2006.01 PRIOR ART 000428 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 2 of 20 U.S Patent Aug 11 2015 12 11 16 Sheet of 15 FIG lB 17 10 16 Us 9103487 B2 17 19 18 FIG IA 13 PRIOR ART 000429 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 3 of 20 U.S Patent Aug 11 2015 Sheet of 15 FIG IC Us 9103487 B2 15 14 13 HG 1D PRIOR ART 000430 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 4 of 20 U.S Patent Aug 11 2015 Sheet of 15 US 9103487 B2 FIG IE PRIOR ART 000431 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 5 of 20 U.S Patent Aug 112015 Sheet oilS US 9103487 B2 FIG PRIOR ART 000432 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 6 of 20 U.S Patent Aug 11 2015 Sheet Sot 15 FIG 3B US 9103487 B2 FIG 3A PRIOR ART 000433 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 7 of 20 U.S Patent Aug 11 2015 Sheet of 15 US 9103487 B2 10 \Tçj FIG 4A FIG 4B PRIOR ART 000434 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 8 of 20 U.S Patent Aug 11 2015 Sheet of 15 FIG 4C FIG 4D Us 9103487 B2 PRIOR ART 000435 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 9 of 20 U.S Patent Aug 11 2015 SheetS of 15 FIG 4E US 9103487 B2 0S FIG 4F PRIOR ART 000436 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 10 of 20 U.S Patent 10 Aug 11 2015 Sheet of 15 US 9103487 B2 30 FIG SA FIG SB FIG SC PRIOR ART 000437 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 11 of 20 U.S Patent Aug 11 2015 Sheet 10 of 15 FIG 613 Us 9103487 B2 30 10 31 FIG 6A PRIOR ART 000438 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 12 of 20 U.S Patent Aug 11 2015 Sheet 11 of 15 FIG 7A US 9103487 B2 31 1o 33 PRIOR ART 000439 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 13 of 20 U.S Patent Aug 112015 Sheet 12 of 15 Us 9103487 B2 FIG 7B PRIOR ART 000440 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 14 of 20 U.S Patent Aug 11 2015 Sheet 13 of 15 FIG 8B 35 US 9103487 B2 FIG 8A PRIOR ART 000441 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 15 of 20 U.S Patent Aug 11 2015 Sheet 14 oilS FIG 8C Us 9103487 B2 PRIOR ART 000442 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 16 of 20 U.S Patent Aug 11 2015 Sheet 15 of 15 Us 9103487 B2 13-- 23 24 11ThkTl%2 21M23 27 26 FIG 2O 12 22 15 PRIOR ART 000443 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 17 of 20 US 9103487 B2 ADJUSTABLE MOUNTING CLIP AND SYStEM USING SAME CROSS-REFERENCE TO RELATED APPLICATIONS This application claims priority to U.S Provisional Patent Application No 61/615273 to Hale filed Mar 24 2012 which is hereby incorporated by reference in its entirety BACKGROUND Field of the Invention The present invention relates to an adjustable mount and system using flexible support apparatus such as tripod adapted to support an item mnunted in the adjustable mount Description of Related Art Modem portable electronic devices such as cellular tele phones may now be used for viewing as well However these items are typically small flat rectangular objects which may be difficult to place in an appropriate position for hands-free use while viewing Also these devices may come in variety of sizes such that mounting clip may need to be adjustable in order to offer the versatility needed to support different devices The use of portable electroroc device may be enhanced with the use of tripod or other support structure An adjust able clip adapted to work with vasying types of support struc tures may enhance its versatility What is called for is an adjustable mount which may adjust to support variety of diflèrent types and sizes of modern devices such as smart phones What is also called for is an adjustable mount or clamp which allows the mounting of the device to support structure such as tripod The present invention is directed towards an adjustable ntounting clip for an electronic device such as cellular telephone or smart phone The mounting clip ntay be adapted to be supported by flexible support apparatus such as tripod Ihe mounting clip may support variety of electronic device types with an automatically adjusting variable clip receiver BRIEF DESCRIPTION OF THE DRAWINGS FIG 7Ais an exploded view of an adjustable mounting clip mounted onto flexible tripod supporting an electronic device according to some embodiments of the present inven tion FIG 713 illustrate an adjustable mounting clip mounted onto flexible tripod supporting an electronic device accord ing to some embodiments of the present invention FIG SA illustrates mounting clip used in some embodi ments of the present invention FIGS SR-C illustrate an adjustable mounting clip mounted onto flexible tripod while supporting an electronic device according to some embodiments of the present invention FIG is an illustration of components of an adjustable motmting clip according to some embodiments of the present 55 invention DETAILED DESCRIPTION FIGS lA-h illustrate an adjustable mounting clip 10 20 according to some embodiments of the present invention In some embodiments the adjustable mounting clip is adapted to support an electronic device such as amart phone Ihe electronic device may also be GPS device remote moni tor or other device In some embodiments an adjustable 25 motmting clip 10 has first gripping clip 11 and second gripping clip 12 The adjustable mounting clip 10 is adapted to anach to support structure such as tripod or flexible tripod in some embodiments central ponion 13 adapted to extendably join the first gripping clip 11 and the second 30 gripping clip 12 The central portion may allow for extension between the first gripping clip 11 and the second gripping clip 12 along guides 14 15 which may include spring loaded retraction aspect adapted to keep pressure on device held by tbe adjustable mounting clip The first gripping clip 11 and the second gripping clip 12 may also be spring loaded such that they fold inward into stowed configuration when not SUMMARY supporting an electronic device The first gripping clip 11 may have resilient portions 16 adapted to provide friction against the device held by the 40 adjustable mounting clip 10 The second gripping clip 12 may have resilient portions 17 adapted to provide friction aguinst tbe device held by the adjustable mounting clip 10 The resil ient portions 16 17 may reside in inset portions of the grip ping clips 11 12 in some embodiments In some esubodi 4S ments the gripping clips 11 12 may be made of plastic In some enthodintunts the resilient portions 16 17 may be co molded to the gripping clips 11 12 The first gripping clip 11 may have threaded insert 18 FIGS IA-E illustrate an adjustable mounting clip in adapted to receive threaded post such as may be found on deployed configuration according to some embodiments of so tripod or nit removable clip adapted to he inserted into clip the present invention receiver as ntay be found on tripod The first gripping clip FIG illustrates an adjustable mounting clip as it transi- 11 may have lanyard hole 19 which may be used to attach tions front stowed to deployed configuration according to lanyard which can be used to attach the adjustable mounting sonic embodiments of the present invention clip to another item FIGS illustrate an adjustable mounting clip in 55 FIG illustrates an adjustable mounting clip 10 in various deployed configuration according to some emhodiments of states as it would he taken from stowed configuration to the present invention deployed configuration In folly stowed configuration the FIGS 4A-F illustrate an adjustable mounting clip in adjustable mounting clip 10 may be adapted to take vesy stowed configuration according to some embodiments of the small amount of space lending well to storage in small present invention 60 spaces such as the pocket of user The gripping clips may be FIGS 5A-C illustrate an adjustable mounting clip in U-shape such that the gripping clips when folded into mounted onto tripod in stowed position accordingto some stowed configuration reside outside of the central portion 13 embodiments of the present invention The gripping clips 11.12 may reside in plane with the central FIGS 6A-B illustrate an adjustable snounting clip portion 13 when stowed such that the stowed configuration is mouitted onto tripod in deployed position supporting on 65 extremely compact In sonic embodiments the adjustable electronic device according to seine embodiments of the mounting clip 10 is spring loaded such that the gripping clips present imention 1112 are brought together under spring force The gripping PRIOR ART 000444 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 18 of 20 US 9103487 B2 clips 11 12 may be cxtended from cach other by thc user in order to be of proper size for held device Once the user is no longer pulling the two ends away from each other the spring loaded aspect of the adjustable mounting clip will then close down on the device being held The combination of the spring loaded aspect of the clip and the resilient portions of the gripping clips allow for sery sure grip of the held device The use of an adjustable mounting clip gives the distinct advantage of allowing the user to hold and position an elec tronic device such as smart phone in convenient position for viewing For example the adjustable mounting clip may be mounted to tripod which may be placed upon table or an airplane seats foldout tray fur viewing and use The expandable aspect of the central portion 13 allows for use with variety of sizes of electronic devices FIGS 3A and 3B illustrate an adjustable mounting clip 10 in perspective views according to some embodiments of the present invention The adjustable mounting clip lOis adapted to receive and hold an electronic device or other device central portion 13 adapted to extendably join the first gripping clip 11 and the second gripping clip 12 The central portion may allow for extension between the first gripping clip 11 and the second gripping clip 12 along guides 14 15 which may include spring loaded retraction aspect adapted to keep pressure on device held by the adjustable mounting clip One or more of the guides 1415 may includes spring system adapted to apply contracting force between the first gripping clip 11 and the second gripping clip 12 FIGS 4A-F illustrate an adjustable mounting clip in stowed configuration according to some embodiments of the present invention The way in which the parts integrate into stowed whole allows for storage in small space The grip ping clips 11 12 may be adapted to pivot from stowed position parallel to the central portion 13 to deployed posi tion perpendicular to the central portion 13 The gripping clips 11.12 may be U-shaped such that iothe stowed position the clips reside outside of the central portion allowing for very compact co-planar stowed position FIGS 5A-C illustrate an adjustable mounting clip 10 attached to small folded tripod 30 such as miniature ball tripod according to some embodiments of the present inven tion The tripod may have plurality of legs which may fold together in order to form small stowed unit of clip and tripod The adjustable mounting clip is adapted to receive an electronic device Ihe eonsbination of the adjustable osoont ing clip 10 and the small folded tripod 30 present very compact system adapted to hold device In some embodi ments the tripod 30 has three legs which rotate around center ball such that the three legs are parallel when in stowed position The tripod may have threaded post which mates into the threaded insert 18 of the adjustable mounting clip With the adjustable mounting clip in stowed configu ration the tripod and the clip may align such thatthe long axis of the stowed clip is parallel to the long axis stowed tripod In some embodiments of the present invention the tripod legs are adapted to rotate fmm first position which is closed or stowed configuration and seen in FIGS 5A-C to an open ordeployed position as seen in FIGS 6fit-B In some embodiments the tripod legs may have tips which may be of material adapted to provide more friction while in use Jo some embodiments the stowed position of the tripod places the legs directly adjacent such that they are stowed together hito unitary stowed leg assembly The rings of the ends of the legs may be adapted such that when in deployed position the rings have stops which prevent fhrther rotation of the legs past point which places the legs ins tripod configri ration central body ring provides so extemal surface adapted to provide support and guide surface to the ends of the legs which nsay be rings adapted to fit around the central body ring Within the central body ring there snay be socket adapted to receive ball connector The ball connector may be spherical in its contact area with the socket threaded post to may protrude mini the ball connector and be adapted to support device such as camera or to mate to an adjustable mounting clip or other device The rings ofthe legs may have sufficient friction with the central body ring such that the legs may be rotated into either stowed or deployed configura tion but will stay in the position under typical usage loads The ball comscctor may have sufiicient friction with the socked of the interior of the central body nng such that once placed in selected position the ball tends not to move during 20 typical use HGS 6A-13 illustrate an adjustable mounting clip 10 hold ing an electronic device 31 mounted onto miniature ball tripod 30 The bslI tripod 30 is in deployed configuration wherein the legs have been rotated into position adapted to 25 support the system An apparatus such as this affords the user the convenience of using tripod as support stand for watching video on personal player for example and the use of the adjustable mounting clip allows the user to custom tailor their system for the player being viewed 30 FIGS lA-Il illustrate an adjustable mounting clip 10 with clip 32 motmted onto flexible tripod 33 according to some embodiments of the present invention The clip 32 may be adapted to sttacls to the adjustable moontiog clip 10 along the central portion 13 The flexible tripod may have body por 35 tion which provides base of support for three flexible legs The flexible legs may consist ofa series ofinterconnected ball and socket joint connectors The flexible legs are able to be flexed into variety of positions and can be used to support the body portion by forming tripod support lie flexible legs 40 are able to adapt to uneven surfaces to allow the tripod to function in variety of situations The body portion itself may have series of interconnected ball and socket joint connec tors within it allowing foreven moreflexibility with regard to its mounting function 45 Although the flexible legs are illustrated as functioning legs the legs are of suilicient flexibility that the may be used to wrap around items such as bars or other objects in order to fasten the tripod sppsratus to objects that would not be suit able for aiotmting of atypical tripod In conjunction with the 51i gripping portion this allows the tripod apparatus to he fas tened to variety of objects For example when used to position digital camera the legs may wrap around vertical gate rail allowing the mounting of the camera for photo taking opportunity not previously available In some embodiments the body portion is connected to an interconnect portion adapted to receive clip 35 illustrated in FIG 8A clip 35 niay be removably fastened to the inter connect portion The clip 35 may have threaded post 34 adapted to fit into camera or other device iii some embodi 60 ments In sonic embodiments the flexible legs may use connectors that have co-molded gripping portion The gripping portions may allow for use of the tripod ins variety of ways including wrapping of the legs around post or other object In sosne 65 embodiments the flexible legs may be terminated with gripping pod lie gripping pod may be fully molded into the cavity of the connector PRIOR ART 000445 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 19 of 20 US 9103487 B2 FIGS SB-C illustrate further uses of an adjustable mount- The adjustable mounting clip of claim wherein said ing clip with tripod mounting clip attached thereto clippcd second gripping clip comprises resilient portion along in the clip receiver of tripod with flexible legs device mounting surface of said second gripping clip FIG is an illustrative exploded view of an adjustable The adjustable mounting clip of claim wherein said mounting clip 10 according to embodiments of the present first gripping clip further comprises two gripping fingers invention The first gripping clip his pivotally attached to an vherein first gripping finger resides alongside first side of end of the central portion 13 by pin 21 The second gripping said of said middle portion and second gripping fmger clip 12 is pivotally attached to slider end 22 by pin 22 The resides alongside second side of said middle portion when guides 14.15 are adapted to slide within the central portion 13 said fist gripping clip is in stowed position while attached at first end to the slider end 22 Springs 23 The adjustable mounting clip of claim wherein said surround the guides 14 15 and are adapted to retract the second gripping clip further comprises two gripping fingers adjustable mouoting clip 10 such that is places moderate wherein first gripping finger resides alongside first side of said of said middle portion and second gripping linger pressure on supported device while supporting it or to pull resides alongside second side of said middle portion when the clip into the stowed configuration when no device is held said second gripping clip is in stowed position within it End attachments 24 26 27 are used to restrain iS second end of the springs such that they restrain extension of tripod and adjustable clip system comprising the second end 12 from the lirst end ii top and As evident from the above description wide variety of an adjustable mounting clip said adjnstable mounting clip comprising embodiments may be configured front the description given middle portion said middle portion cxtcndablc along herein and additional advantages and modifications will 25 first axis readily occur to those skilled in the art The invention in its broader aspects is therefore not limited to the specific details first gripping clip said first gripping clip comprising and illustrative examples shown and described Accordingly one or snore device mounting surfaces said first grip- departures from such details may be niade without departing ping clip pivotally attached to first end of said middle portion along first pivot axis said first grip- from the spirit or scope of the applicants general invention 25 ping clip adapted to pivot from stowed position We claim wherein said one or more device mounting surfaces An adjustable mounting clip for an electronic device are parallel to said first axis to deployed position said adjustable mounting clip comprising wherein said one or more device mosmsing surfaces middle portion said middle portion cxtendable along are perpendicular to said first axis and first axis second gripping clip said second gripping clip com first gripping clip said first gripping clip comprising one prisiog oiie or more device esounting sorfuces said or more device mounting surfaces said first gripping second gripping clip pivotally attached to second clip pivotally attached to lirst end of said middle por- end of said middle portion along second pivot axis tion along first pivot axis said first gripping clip said second gripping clip adapted to pivot from adaptedto pivot from stowedposition wherein said one stowed position wherein said one or more device or more device mounting surfaces are parallel to said mounting surfaces are parallel to said first axis to first axisto deployed position wherein said one or more deployed position wherein said one or more device dcvicc mounting surfaces are perpendicular to ssid first mounting surtbces are perpendicular to said first axis axis and wherein said adjustable mounting clip is adapted to 40 hold planar device along first mounting planesecond gripping clip said second gripping clip conipris ing one or more device mounting surfaces said second parallel to said first axis and wherein said first pivot gripping clip pivotally attached to second end of said axis and said second pivot axis are parallel to said first middle portinn along second pivot axis said second mounting plane gripping clip adapted to pivot from stowed position The tripod and adjustable clip system of claim wherein wherein said one or more device mounting surfaces are said extension of said middle portion is resisted with spring parallel to said first axis to deployed position wherein within said middle portion said one or more device mounting surfaces arc perpen- The adjustable mounting clip of claim wherein said dicular to said first uxis first gripping clip further comprises two gripping fingers wherein said adjustable nsounting clip is adapted to hold wherein first gripping linger resides alongside first side of planar device along first mounting plane parallel to said of said middle portion and second gripping finger said first axis and wherein said first pivot axis and said resides alongside second side of said middle portion when second pivot axis arc parallel to said first mounting said first gripping clip is in stowed position plane 10 The adjustable mounting clip of claim wherein said The adjustable mounting clip of claim wherein said second gripping clip further comprises two gripping fingers extension of said middle portion is resisted with spring wherein first gripping finger resides alongside first side of within said middle portion said of said middle portion and second gripping finger The adjustable mounting clip of claim wlserein said resides alongside second side of said middle portion when first gripping clip comprises resilient portion along device said second gripping clip is in stowed position mounting surface of said first gripping clip PRIOR ART 000446 Case 3:15-cv-01429-JD Document 73-4 Filed 05/18/17 Page 20 of 20 EXHIBIT D DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 1 of 13 li ii 11111111111 II IH 1 1 0 1 1 1 0 1 11111110 1 1 0 1 li ii 1 1 1 0 1 1 1 1 1 1 li ii Dli li ii US009080714B2 12 United States Patent Minn et 10 Patent No 45 Date of Patent Us 9080714 B2 JuL 14 2015 54 ADJUSTABLE PORTABLE DEVICE HOLDER 71 Applicant Kenu Inc San Francisco CA US 72 Inventors Kenneth Minn San Francisco CA US David E.Yao San Francisco CA US 73 Assignee Kenu Inc San Francisco CA US Notice Subject to any disclaimer the term olthis patent is extended or adjusted under 35 U.S.C 154b by days 21 Appl.No 13/897062 22 Filed May 17 2013 65 Prior Publication Data US 2014/0138419 Al May 22 2014 Related U.S Application Data 63 Continuation-in-part of application No 29/437793 tiled on Nov 20 2012 now Pat No Des 690707 51 tnt Cl B6OR 7/06 B60R 11/02 F16M 13102 F16M 11104 Ff6.41 11/10 F16M 13100 B6OR 11/00 52 U.S Cl CPC F16M13/022 2013.01 FI6MII/041 2013.01 FI6M 1111052013.01 FJ6M 13/002013.01 B6OR 11/0241 2013.01 B6OR 11/0258 2013.01 B6OR 2011/0008 2013.01 B6OR 201 1/0294 2013.01 YIOS 224/929 2013.01 Y10T29/49826 2015.01 58 Field of Classification Search CPC B60R7/06 B60R2011/0005 B6OR 2011/0008 B6OR 11/0241 B6OR 11/0258 B6OR 2011/0294 Y1OS 224/929 USPC 224/483 556 275 929 544 276 See application file for complete search history 56 References Cited KR 10-2000-0044438 7/2000 KR 20-0429528 10/2006 \VO 9604153 2/1996 OTHER PUBLICATIONS The International Seasch Report and the Written Opinion mailed Oct 10 2014 in PCT patent application No PCT/1JS2014/038253 12 pages Continued Primary Examiner Justin Larson Assistant Examiner Scott McNurlen 74 Attarnej Agent ar Firm Troutman Sanders LLP 57 ABSTRACT Adjustable portable device holder systems and methods are herein disclosed According to one embodiment an adjust able portable device holder includes an adjustable clamping element and rotatable mounting element attached to the adjustable clamping element for removably securing por tablc device to the adjustablc portable devicc holder U.S PATENT DOCUMENTS 5109411 4/1992 5305381 4/1994 5.338252 8/1994 5979724 11/1999 6103201 8/2000 OConnell 379/454 Wang Bowleietal 454/155 Loewenthal et al 224/4 83 Orcea 422/124 Continued FOREIGN PATENT DOCUMENTS 2006.01 2006.01 2006.01 2006.01 2006.01 2006.01 2006.01 14 Claims Drawing Sheets 2 0 0 i_ 210 216 212 x.coM Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 2 of 13 Us 9080714 B2 Page 56 References Cited D664147 7/2012 Zhao et at D671950 12/2012 Richter U.S PATENT DOCUMENTS 8727192 B2 5/20 14 Lai 224/420 8757461 B2 6/2014 Zanetti 224/562 6366672 B1 4/2002 Tsay 2005/0127538 Alt 6/2005 Fabrega 6441872 Bl 8/2002 Ho 348/837 2007/0284500 Al 12/2007 Fan 248/346.06 D482039 11/2003 Chen et al 2008/0190978 Al 8/2008 Brassard 224/483 6988907 B2 1/2006 Chang 2008/0224007 Alt 9/2008 Mo 7061386 B2 6/2006 Seresini 2009/0060473 Al 3/2009 Kohte et at 386/124 7080812 B2 7/2006 Wadsworthetal 248/316.6 2010/0019059 Al5 1/2010 Bulsinketal 239/55 7140553 B25 11/2006 Zobele 239/34 2011/0019992 Al 1/2011 Oct D538912 3/2007 Kaplan 2011/0278885 Al5 11/2011 Procteretal 297/135 7272984 B2 9/2007 Fan 2013/0037590 Alt 2/2013 Yoon 7284737 B25 10/2007 Kane 248/311.2 2014/0097306 Al5 4/2014 Hale etal 248/122.1 D589962 4/2009 Maruyamaetal 2014/0103087 Alt 4/2014 Fan D611478 3/2010 Richardaonetat D630222 1/2011 Lin OTHER PUBLICATIONS D645033 Q/2011 Quongetal D14/253 D656931 4/2012 Wilcel kon Resources Inc 5M429-SBH Universal Air Vent Swivel DM6940 4/2012 McClelland et al Mount with Adjustabic Cradle 2010.t D657356 4/2012 Wilcel D663726 7/20 12 Gourley cited by examiner D663735 7/2012 Musselman cited by third parly Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 3 of 13 U.S Patent Jul 14 2015 Sheet of Us 9080714 B2 FIG.l 102 FIG 100 106 104 1oo FIG.2 104 .106 Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 4 of 13 U.S Patent Jul 14 2015 Sheet of Us 9080714 B2 20C 214.11 L% FIG 4A 210 216 212 202 204 202 214 IL 206 FIG 48 Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 5 of 13 U.S Patent JuL 14 2015 Sheet of Us 9080714 B2 Provide an adjustable damping elem ent for removably securing I-f301 portable device to the adjustable device holder Provide rotatable mounting element attached to the 1...r302 adjustable damping element FIG Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 6 of 13 U.S Patent Jul 14 2015 Sheet4ofs US 9080714 B2 HG.6 FIG.7 FIG.9 FIG 10FIG.8 FIG 11 FIG 13 Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 7 of 13 U.S Patent Jul 14 2015 Sheet of Us 9080714 B2 FIG 14 FIG 15 FIG.16 FIG.17 111 FIG.19 FIG 18 FIG 20 FIG 21 Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 8 of 13 US 9080714 B2 ADJUSTABLE PORTABLE DEVICE HOLDER CROSS REFERENCE TO RELATED APPLICATIONS This application is continuation-in-part CIP of U.S Design patent application No 29/437793 filed Nov 20 2012 and titled DASHBOARD VENT MOUNT FOR AN ELECTRONIC DEVICE which is incorporatedby reference in its entirety for all purposes herein FIELD OF TECHNOLOGY The present application is directed to adjustable portable device holder systems and methods BACKGROUND process also includes providing rotatable mounting element comprising plurality of mounting arms each spaced speci fied distance apart from one another and extending at speci fied angle from bottom surface of the rotatable mounting element Each pair of the plurality of mounting arms form mounting slot therein between The rotatable mounting ele ment is capable of being rotated to position first mounting slot in vertical horizontal or diagonal orientation and second mounting slot in vertical horizontal or diagonal orientation to engage first mounting surface in vertical horizontal or diagonal orientation or second mounting sur face in vertical horizontal or diagonal orientation The process also includes attaching the rotatable mounting dc ment to the adjustable clamping element The foregoing and other objects features and advantages of the present disclosure will become more readily apparent from the following detailed description of exemplary embodiments as disclosed herein portable device holder in retracted setting FIG is plan view of the top of an adjustable portable device holder in retracted sening FIG is an elevation view of left side of an adjustable portable device holder in retracted setting FIG is an elevation view of the front of an adjustable portable device holder in retracted setting FIG 10 is an elevation view of the right side of an adjust able portable device holder in retracted setting FIG 11 is plan view of the bottom of an adjustable portable device holder in retracted setting FIG 12 is an isometric view from the front right of an adjustable portable device holder in retracted setting FIG 13 is an isometric view from the back left of an adjustable portable device holder in retracted setting FIG 14 is an elevation view of the back of an adjustable portable device holder in an expanded setting FIG 15 is plan view of the top of an adjustable portable device holder in an expanded setting FIG 16 is an elevation view of left side of an adjustable portable device holder in an expanded setting FIG 17 is an elevation view of the front of an adjustable portable device holder in an expanded setting FIG 18 is an elevation view of the right side of an adjust able portable device holder in an expanded setting FIG 19 is plan view of the bottom of an adjustable portable device holder in an expanded setting BRIEF DESCRIPTION OF THE DRAWINGS Various electronic and other device mounts are known in the art Available device mounts have many drawbacks For 20 instance suction cup mounts are typically large bulky and require large mounting surface such as windshield Device mounts often fail to properly and consistently attach to the Embodiments of the present application are described by mounting surface Some device mounting solutions require way of example only with reference to the attached Figures adhesive to secure the mount to vehicle dash wearing off 25 wherein over time and leaving an undesirable residue on the mounting FIG illustrates an adjustable portable device holder in surface Current device mounts also fail to effectively accom- retracted setting also referred to as the deactivated state modate broad range of devices or mounting surfaces according to one embodiment Due to the deficiencies in the currently available device FIG illustrates an adjustable portable device holder in an mounts people choose not use electronic device mounts and 30 expanded setting referred to as the activated state according often violate state and provincial bands-free driving laws to one embodiment Other state and provincial laws prohibit objects mounted to FIG illustrates an adjustable portable device holder in the windshield to prevent obstruction of the drivers view retracted setting according to one embodiment This specification is directed to improved portable device FIGS 4A and 4B illustrate an adjustable portable device holder systems and methods for manufacturing the same 35 holder attached to device and mounting surface according to one embodiment SUMMARY FIG illustrates flow chart of process for manufactur ing an exemplary adjustable portable device holder according Adjustable portable device holder systems and methods for to one embodiment manufacturing the same are herein disclosed According to FIG is an elevation view of the back of an adjustable one embodiment an adjustable portable device holder includes an adjustable clamping element and rotatable mounting element attached to the adjustable clamping ele ment for removably securing portable device to the adjust able portable device holder The adjustable clamping element 45 is capable of being biased into an activated state and unbiased into deactivated state to secure one of plurality of different size portable devices to the adjustable portable device holder The rotatable mounting element attached to the adjustable clamping element includes plurality of mounting aims each so spaced specified distance apart from one another and extending at specified angle from bottom surface of the rotatable mounting element Each pair of the plurality of mounting arms forms mounting slot therein between The rotatable mounting element is capable of being rotated to 55 position first mounting slut in vertical horizontal ur diago nal orientation and second mounting slot in vertical hori zontal or diagonal orientation to engage first mounting surface in vertical horizontal or diagonal orientation or second mounting surface in vertical horizontal or diagonal 60 orientation In another embodiment process for manufacturing an exemplary adjustable portable device holder is disclosed The process includes providing an adjustable clamping element capable of being biased into an activated state and unbiased 65 into deactivated state to secure one of plurality of portable device sizes to the adjustable portable device holder The Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 9 of 13 US 9080714 B2 FIG 20 is an isometric view from the front right of an adjustable portable device holder in an expanded setting and FIG 21 is an isometric view from the back left of an adjustable portable device holder in an expanded selling DETAILED DESCRIPTION It will be appreciated that for simplicity and clarity of illustration where considered appropriate reference numer als may be repeated among the figures to indicate correspond ing or analogous elements In addition numerous specific details are set forth in order to provide thorough understand ing of the example embodiments described herein However it will be understood by those of ordinary skill in the art that the example embodiments described herein may be practiced without these specific details In other instances methods procedures and components have not been described in detail so as not to obscure the embodiments described herein The adjustable portable device holders described in this specification can include an adjustable clamping element attached to rotatable mounting element The adjustable portable device holder can be used to attach and mount portable device to mounting surface The portable device can be any device that fits into the adjustable clamping ele ment including but not limited to smartphone or other phone tablet an e-reader powerbank speaker multi media player flashlight or other light television or other display laser or radar detector an air freshener fan beverage or other device that can fit into the adjustable clamp ing element The adjustable portable device holder can be mounted to various mounting surfaces including but not limited to an automobile air conditioner vent blade an auto mobile dashboard an automobile sun visor credit card the brim of hat counter tripod bicycle backpack utensil ledge or other surface FIG illustrates an adjustable portable device holder 100 in retracted selling according to one embodiment The adjustable portable device holder 100 includes an adjustable clamping element 102 attached to rotatable mounting ele ment 104 FIG illustrates an adjustable portable device holder 100 in an expanded setting according to one embodiment The adjustable portable device holder 100 includes an adjustable clamping element 102 attached to rotatahle mounting ele ment 104 45 FIG illustrates an adjustable portable device holder 100 in retracted setting according to one embodiment The adjustable portable device holder 100 includes an adjustable clamping element 102 attached to rotatable mounting ele ment 104 The adjustable clamping element 102 illustrated in FIGS 1-3 can be expanded and retracted to attach devices of differ ent sizes to the adjustable portable device holder 00.A force can be applied to expand or bias the adjustable clamping element 102 into an activated state shown in FIG and the force can be released to retract the adjustable clamping ele ment 102 into deactivated state shown in FIGS land 3.An elastic retracting or biasing element not shown such as compression or torsion spring can be incorporated into the adjustable clamping element 102 The compression or torsion spring facilitates the expansion and retraction of the adjust able clamping element 102 upon applying or releasing an expansive force on surface of the adjustable clamping ele ment 102 The adjustable clamping element 102 can also include gripping material on surlhce of the adjustable clamping element 102 to provide better grip better viewing angle or better attachment to device secured within the adjustable clamping element 102 The gripping material can be applied to portion of the adjustable clamping element 102 or the entire adjustable clamping element 102 can be made of the gripping material The gripping material can be any material that increases the adhesion grip or coefficient of friction between the gripping surface of the adjustable clamping ele ment 102 and surface of device secured within the adjust able clamping element 102 The gripping material can to include but is not limited to rubber polymeric material or other plastic snetal alloy fabric composite material or other material capable of increasing the adhesion grip or coeffi cient of friction between the gripping surface ofthe adjustable clamping element 102 and surface of device secured t5 within the adjustable clamping clement 102 The gripping material and gripping surface can be textured and composed of the same or different material The rotatable mounting element 104 illustrated in FIGS 1-3 can be directly or indirectly attached to the adjustable 20 clamping element 102.The adjustable clamping element 102 and the rotatable mounting element 104 can be one integral part or component parts that are attached together by any attaching means that allows the rotatable mounting element 104 to rotate The rotatable mounting element 104 includes 25 base plate 106 and plurality of mounting arms 108 extend ing from the base plate 106 The base plate 106 and the plurality of mounting arms 108 can be one integral part or component parts that are attached together by any attaching means 30 Referring to FIG the base plate 106 can be cylindn cally shaped disc or other element that is capable of being rotated 360 degrees clockwise or counter-clockwise The base plate 106 provides rotating platform from which mounting arms 108 extend The mounting aims 108 are 35 spaced specified distance apart relative to one another on the base plate 106 The mounting arms 108 also extend from the base plate 106 at specified angle relative to the base plate 106 lie size of the mounting arms 108 the distance between the mounting aims 108 and the angle at which the mounting to aims 108 extend from the base plate 106 establish and define mounting slots 110112 betweenpairs ofmounting arms 108 The rotatable mounting element 104 can include any number of mounting aims 108 and any number ofntounting slots 110 112 lie mounting arms 108 can also include gripping mate rial on surface of the mounting arms 108 to provide better grip better viewing angle or better attachment to mounting surface secured between the mounting arms 108 The grip ping material can be applied to portion of mounting aims 50 108 or the entirety of the mounting arms 108 can be made of the gripping material The gripping material can be any mate rial that increases the adhesion grip or coefficient of friction betweesi the gripping surface of mounting arms 108 and mounting surface secured between the mounting aims 108 55 The gripping material can include but is not limited to rubber polymeric material or other plastic metal alloy fabric com posite material or other material capable of increasing the adhesion grip or coefficient of friction between the gripping surface ofmounting aims 108 and mounting surface secured 60 between the mountisig arms 108 The gripping material and gripping surface can be textured and composed of the sameor different material In one exemplary embodiment the rotatable mounting ele ment 104 includes four mounting arms and four mounting 65 slots In another exemplary embodiment the rotating mount ing element 104 includes mounting aims and six mounting slots Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 10 of 13 US 9080714 B2 The mounting arms 108 and mounting slots 110 112 can engage mounting surface not shown to mount the adjust able portable device holder 100 The adjustable portable device holder 100 is mounted to mounting surface by posi tioning press fitting or wedging mounting surface within one or more mounting slots 110 112 to engage two or more mounting arms 108 The adjustable portable device holder 100 can be mounted to various mounting surfaces including but not limited to an automobile air conditioner vent blade an automobile dashboard an automobile sun visor credit card the brim of hat counter tripod bicycle backpack utensil lcdge or othcr surface that can bc positioned press fit or wedged within one or more mounting slots 110 112 between two or more mounting arms 108 The rotatable mounting element 104 can include any num ber of mounting arms 108 forming and defining any number of mounting slots 110 112 As may be appreciated in at least FIGS 1-3 10 11 15 16 18 and 19 the size and shape of the mounting slots 110 112 formed between pairs of mounting arms 108 can be controlled by adjusting the size and shape of the paired mounting arms 108 the distance between the pair ofmounting arms 108 and the angle at which the two mounting arms 108 extend from the base plate 106 and converge toward one anuther As depicted each mounting arm 108 and mounting slot 110 112 tapers in direction away from bottom surface of the rotatable mounting element 104 The rotatable mounting element 104 can include one or more different size mounting slots 110 112 to accommodate dif ferent size mounting surfaces For instance in FIG one mounting slot 110 having clearance can be larger than another mounting slot 112 having clearance One or more of the mounting slots 110 formed on the rotatable mounting element 104cm accommodate larger mounting surface than other mounting slots 112 formed on the rotatable mounting element 104 The rotatable mounting element 104 can be rotated to position the mounting anns 108 and mounting slots 110 112 in horizontal plane vertical plane diagonal plane circular plane concave plane convex plane or any plane between vertical and horizontal planes relative to the force of gravity The mounting arms 108 and mounting slots 110 112 can be positioned to engage mounting surface in any engagement plane within the 360 degree rotation of the mounting element 104 The rotatable mounting element 104 can be rotated to position relatively larger mounting slot 110 with clearance in horizontal vertical diagonal circular concave or convex plane to engage relatively larger mounting surface in horizontal vertical diagonal circular concave or convex engagement plane The rotatable mounting element 104 can also be rotated to position relatively smaller mounting slot 112 with clearance in horizontal vertical diagonal cir cular concave or convex plane to engage relatively smaller mounting surface in horizontal vertical diagonal circular concave or convex engagement plane The rotatable mounting element is capable of being rotated 360 degrees clockwise or counter-clockwise to engage dif ferent size mounting surfaces in horizontal plane vertical plane diagonal plane circular plane concave plane convex plane or any plane between vertical and horizontal planes device attached to the adjustable portable device holder 100 via the adjustable clamping element 102 can also be rotated 360 degrees clockwise or counter-clockwise while it is attached to the adjustable portable device holder 100 by rotat ing the rotatable mounting element 104 FIGS 4A and 4B illustrate an adjustable portable device holder 200 attached to device 214 and mounting surface 216 according to one embodiment The device 214 is smart phone and the mounting surface 216 is an automobile air conditioner vent blade Other portable devices can also fit into the adjustable clamping element including but not limited to tablet an e-reader powerbank speaker multimedia player flashlight or other light television or other display laser or mdar detector an air freshener fan beverage or other device The adjustable portable device bolder 200 can also be 10 mounted to other mounting surfaces including but not lim ited to an automobile dashboard an automobile sun visor credit card the brim of bat counter tripod bicycle backpack utensil ledge or other surface The adjustable portable device holder 200 includes an t5 adjustable clamping element 202 attached to rotatable mounting element 204 The adjustable clamping element 202 can be expanded and retracted to attach different size smart- phones to the adjustable portable device holder 200 force can be applied to expand or bias the adjustable clamping 20 element 202 into an activated state and the farce can be released to retract the adjustable clamping element 202 into deactivated state to clamp around the smartphane 214 An elastic retracting or biasing element not shown such as compression or torsion spring can be incorporated into the 25 adjustable clamping element 202 to facilitate the expansion and retraction of the adjustable clamping element 202 and to accommodate different size smartphones The adjustable clamping element 202 can also include gripping material on surface of the adjustable clamping 30 element 202 to provide better grip better viewing angle or better attachment to the smart phone 214 or other device secured within the adjustable clamping element 202 The gripping material can be applied to portion of the adjustable clamping element 202 or the entire adjustable clamping ele 35 ment 202 can be made of the gripping material The gripping material can be any material that increases the adhesion grip or coefficient of friction between the gripping surface of the adjustable clamping element 202 and surtace of device secured within the adjustable clamping clesnent 202 The 40 gripping material can include but is not limited to rubber polymeric material or other plastic metal alloy fabric com posite material or other material capable of increasing the adhesion grip or coefficient of friction between the gripping surface afthe adjustable clamping element 202 and surface 45 of device secured within the adjustable clamping element 202 The gripping material and gripping surface can be tex hired and composed of the same or different material The rotatable mounting element 204 can be directly or indirectly attached to the adjustable clamping element 202 so The adjustable clamping element 202 and the rotatable mounting element 204 can be one integral part or component parts that are attached together by any attaching means such as screw ratchet pin rod or friction or other device that allows the rotatable mounting element 204 to rotate The 55 rotatable mounting element 204 includes base plate 206 and plurality of mounting arms 208 extending from the base plate 206 The base plate 206 and the plurality of mounting arms 208 can be one integral part orcomponent parts that are attached together by any attaching means 60 The base plate 206 can be cylindrically shaped disc or other element that is capable of being rotated 360 degrees clockwise or counter-clockwise The base plate 206 provides rotating platform from which the mounting arms 208 extend The mounting arms 208 are spaced specified dis 65 tance apart relative to one another on the base plate 206 The mounting arms 208 also extend from the base plate 206 at specified angle relative to the base plate 206 The size of the Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 11 of 13 US 9080714 B2 mounting aims 208 the distance between the mounting arms 208 and the angle at which the mounting arms 208 extend from the base plate 206 establish and define mounting slots 210 212 between pairs of mounting arms 208 The rotatable mounting element 204 includes four mounting arms 208 and four mounting slots 210 212 The mounting arms 208 and mounting slots 210 212 can engage and attach to an air conditioner vent blade 216 to mount the adjustable portable device holder 200 The adjust able portable device holder 200 is mounted to the air condi- 10 tioner vent blade 216 by positioning press fitting orwedging surface of the air conditioner vent blade 216 within one or more mounting slots 210 212 to engage two or more mount ing arms 208 The mounting arms 208 can also include gripping mate- is rial on surface of the mounting arms 208 to provide better grip better viewing angle or better attachment to the air conditioner vent blade 216 secured between mounting arms 208 The gripping material can be applied to portion of mounting arms 208 or the entirety of the mounting arms 208 20 can be made of the gripping material The gripping material can be any material that increases the adhesion grip or coef ficient of friction between the gripping surface of mounting arms 208 and an air conditioner vent blade 216 secured between the mounting arms 208 The gripping material can 25 include but is not limited to rubber polymeric material or other plastic metal alloy fabric composite material or other material capable of increasing the adhesion grip or coeffi cient of friction between tha gripping surface of mounting arms 208 and the air conditioner vent blade 216 secured 30 between the mounting arms 208 The gripping material can be and gripping surface and composed of the same or different material The rotatable mounting element 204 includes two different sizes of mounting slots 210 212 to accommodate different 35 size air conditioner vent blades 216 or other mounting sur faces Two mounting slots 210 having clearance are larger than the other two mounting slots 212 having clearance The rotatable mounting element 204 can be rotated to position the mounting arms 208 and mounting slots 210212 40 in horizontal vertical diagonal circular concave convex orany plane between vertical and horizontal planes to engage air conditioner vent blades 216 oriented in horizontal ver tical diagonal circular concave convex or any plane between vertical and horizontal planes The mounting arms 45 208 and mounting slots 210 212 can be positioned to attach to an air conditioner vent blade in any engagement plane within the 360 degree rotation of the mounting element 204 The rotatable mounting element 204 can be rotated to posi tion the larger mounting slots 210 with clearance in 50 horizontal vertical diagonal circular concave convex or any plane between vertical and horizontal planes to engage or attach to larger air conditioner vent blades 216 oriented in horizontal vertical diagonal circular concave convex or any plane between vertical and horizontal planes The rotat- 55 able mounting element 204 can also be rotated to position the smaller mounting slots 212 with clearance in horizontal vertical diagonal circular concave convex or any plane between vertical and horizontal planes to engage or attach to smaller air conditioner vent blades 216 oriented in horizon- 60 tal vertical diagonal circular concave convex or any plane between vertical and horizontal planes The rotatable mounting element 204 is capable of being rotated 360 degrees clockwise or counter-clockwise to engage different size mounting surfaces in horizontal ver- 65 tical diagonal circular concave convex or any plane between vertical and horizontal planes relative to the force of gravity The smart phone 214 attached to the adjustable por table device holder 200 can be rotated into portrait orienta tion shown in FIG 4A and landscape orientation shown in FTG 4B by rotating the rotatable mounting element 204 The smart phone 214 attached to the adjustable portable device holder 200 can be rotated 360 degrees clockwise or counter-clockwise while it is attached to tbe adjustable por table device holder 200 by rotating thc smart phone 214 and adjustable clamping element 202 while the rotatable mount ing element 204 is secured to mounting surthce FIG illustrates flow chart of process for manufactur ing an exemplary adjustable portable device holder according to one embodiment At step 301 the process includes provid ing an adjustable clamping element for removably securing portable device to the adjustable portable device holder The adjustable clamping element is capable of being biased into an activated state and unbiased into deactivated state to secure one ofa plurality ofdifferent size portable device to the adjustable portable device holder As an example and as depicted in FIGS 14 15 16 and 19-21 to manufacture the adjustable portable device holder two stainless steel rods can be inserted into an expandable arm cavity of double injection mold PC/ABS is injected into the cavities of the mold to hold the rods in place and to produce an expandable arm main body and cover of an adjustable clamping element The mold is then rotated and injected with TPE to form side grips of the expandable arm and body of the adjustable clampingelement staialess steel spring is inserted over each rod and held in place by stainless steel screw affixed to the end of the rods Grease is added to the lower portion of the spring and rods near the screw head The expandable arm is inserted into the body and the springs are lowered and held in place within the body of the adjust able clamping element The cover is then slid on to the body to hold the adjustable arm in place The adjustable clamping clement or surface thereof can also be formed from rubber polymeric material or other plastic metal alloy or composite material that is rigid semi rigid or textured At step 302 rotatable mounting element is provided which can be attached to the adjustable clamping element via screw ratchet pin rod or friction or other attachment means The rotatable mounting element includes plurality of mounting arms each spaced specified distance apart from one another and extending at specified angle from bottom surface of the rotatable mounting element Each pair of the plurality of mounting arms form mounting slot therein between The rotatable mounting element is capable of being rotated to position first mounting slot in vertical horizon tal or diagonal orientation and second mounting slot in vertical horizontal or diagonal orientation to engage first mounting surface in vertical horizontal or diagonal orien tation or second mounting surface in vertical horizontal or diagonal orientation For example rotatable mounting element can be formed in whole or part from stainless metal or other metal alloy or plastic sheet stamped to fonn clip or base plate with four arms extending from the base plate spaced specified dis tance apart and bent to desired angle If metal or other heat treatable material the rotatable mounting element can be heat treated to form rigid structure The rotatable mounting ele nient or surface thereof can also be formed from rubber polymeric material orotherplastie metal alloy orcomposite material that is rigid semi-rigid or textured zinc-alloy nut or other alloy or material can be formed using die-cast mold to attach the rotatable mounting ele ment to the adj ustable clamping element Glue is added to the Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 12 of 13 US 9080714 B2 cavity ofthe nut The rotatable mounting element is affixed to the main body of the adjustable clamping element via the nut and second stainless screw force gage is used to monitor the rotational force of the rotatable mounting element and the rotatable mounting element is adjusted if screw is too tight or loose TPE is injected into mold to create skirt and four socks The skirt and four socks can also be formed from rubber polymeric material orotherplastic metal alloy or composite material that is rigid semi-rigid or textured The skirt is 10 assembled over the mounting arms of the rotatable mounting element Glue is added to each mounting arm of the rotatable mounting element sock is inserted over each mounting arm which holds the skin in place Example embodiments have been described hereinabove is regarding adjustable portable device holder systems and methods Various modifications to and departures trom the disclosed example embodiments will occur to those having ordinary skill in tbe art The subject matter that is intended to be within the spirit of this disclosure is set forth in the fol- 20 lowing claims What is claimed is An adjustable portable device holder comprising an adjustable clamping element wherein the adjustable clamping element is capable of being biased into an 25 activated state and unbiased into deactivated state to removably secure one of plurality of different size portable devices to the adjustable portable device holder the adjustable clamping element comprising two side grips 30 opposingly oriented to one another and each side grip has device engaging surface that abuttingly engages portable device in the activated state of the adjustable clamping element wherein the two side grips linearly translate relative to one another upon transition between 35 the activated and deactivated states of the adjustable clamping element the adjustable clamping element further comprising two rods an expandable arm main body and springs inserted one each over each rod and held in place by 40 screw alfixed to an end of the respective rod and rotatable mounting element attached to the adjustable clamping clement by rotary connection that permits 360 degree clockwise and counter-clockwise rotation of the adjustable clamping element relative to the rotatable 45 mounting element the rotatable mounting element com prising pair of mounting arms spaced distance apart from one another and converging toward one another each extending at an angle away from bottom surface of the rotatable mounting element and thereby forming 50 mounting slot between the pair of mounting arms 10 wherein the rotary connection positions the mounting slot in various orientations relative to the adjustable clamp ing element across an entirety of the 360 degrees of rotation The adjustable portable device holder as recited in claim wherein width of the mounting slot tapers away from the bottom surface of the rotatable mounting element and wherein the rotary connection is capable of releasably setting the mounting slot in two 180 degree spaced apart vertical orientations and two 80 degrec spaced apart horizontal ori entations for altemative engagement with vertically and hori zontally oriented mounting surfaces The adjustable portable device holder as recited in claim wherein the mounting surface is an air conditioner vent blade in an automobile The adjustable portable device holder as recited in claim wherein each mounting arm tapers away Ilium the bottom surface of the rotatable mounting element The adjustable portable device holder as recited in claim wherein the mounting arms comprise gripping surface formed from gripping material The adjustable portable device holder as recited in claim wherein the gripping material is at least one material selected from the group consisting of rubber polymeric material plastic metal alloy and composite material The adjustable portable device holder as recited in claim wherein the gripping surface is textured The adjustable portable device holder as recited in claini wherein the springs are loadable by an applied expansive force ta bias the adjustable clamping element into the acti vated state The adjustable portable device holder as recited in claim wherein the adjustable clamping element comprises grip ping surface formed from gripping material 10 The adjustable portable device holder as recited in claim wherein the device is smartphone 11 The adjustable portable device holder as recited in claim wherein the rotatable mounting element is attached with screw to the adjustable clamping element 12 The adjustable portable device holder as recited in claim wherein the rotatable mounting element is attached with ratchet device to the adjustable clamping element 13 The adjustable portable device holder as recited in claim wherein the rotatable mounting element is attached with pin to the adjustable clamping element 14 The adjustable portable device holder as recited in claim wherein the rotatable mounting element is friction fit to the adjustable clamping element Case 3:15-cv-01429-JD Document 73-5 Filed 05/18/17 Page 13 of 13 EXHIBIT E DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-6 Filed 05/18/17 Page 1 of 5 li ii 1111101011111 1 1 0 1 1 10111111101101 fl 1111111011011101111 US00D690707S 112 United States Design Patent Minn et 10 Patent No 45 Date of Patent US D690707 Oct.I2013 54 DASHBOARD VENT MOUNT FOR AN ELECTRONIC DEVICE 71 ApplicantsKenneth Mlnn San Francisco CA US David E.Yao San Francisco CA US 72 Inventors Kenneth l%linn San Francisco CA US David E.Yao Son Francisco CA US Assignee Kenu LLC San Francisco CA US Term 14 Years Appi No 29/437793 Filed Nov 20 2012 LOC CI 08-07 U.S Cl USPC D14/447 58 Field of Classification Search USPC .. 014/432433 434 439 440 451 014/452 239 217 224.1 251 252 253 DI 4/457 458 459 460 461 D6/406.1 06/406.2 4063 406.4 406.5 406.6 361/679.06 679.21 679.22 679.24 679.26 361/679.27 679.28 679.3 679.55 679.56 361/709 248/917924 133 136 139 150 248/176.1 188.6 D12/415 See application file for complete search history 56 References Cited U.S PATENT DOCUMENTS D482039 1/2003 Chen ct at D14/447 7272984 B2 9/2007 Fan 74/89.17 Continued 57 CLAIM We claim the ornamental design for dashboard vcnt mount for an electronic device as shown and described DESCRIPTION FIG is an elevation view ofthe back of the dashboard vent mount for an electronic device in retracted setting FIG is plan view of the top of the dashboard vent mount for an electronic device in retracted setting FIG is an elevation view of left side of the dashboard vent mount for an electronic device in retracted setting FIG is an elevation view of the front of the dashboard vent mount for an electronic device in retracted setting FIG is an elevation view of the right side of the dashboard vent mount for an electronic device in retracted setting FIG is plan view of the bottom of the dashboard vent mount for an electronic device in retracted setting FIG is an isometric view from the front rigt of the dashboard vent mount for an electronic device in retracted setting FIG is an isometric vie% from the back left of the dash board vent mount for an electronic device in retracted set ring FIG is an elevation view of the back of the dashboard vent mount for an electronic device in an expanded setting FIG 10 is plan view of the top of the dashboard vent mount for an electronic device in an expanded setting FIG 11 is an elevation view of left side of the dashboard vent mount for an electronic device in an expanded setting FIG 12 is an elevation view of the front of the dashboard vent mount for an electronic device in an expanded setting FIG 13 is an elevation view of the right side of the dashboard vent mount for an electronic device in an expanded setting FIG 14 is plan view of the bottom of die dashboard vent mount for an electronic device in an expanded setting FIG 15 is an isometric view from the front right of the dashboard vent mount for an electronic device in an expanded setting and FIG is an isometric view from the back left of the dash board vent mount for an electronic device in an expanded setting 73 21 22 51 52 Primary Examiner Angela Lee 74 Attorney Agent or Firm Jeffley Schox Peter Miller Claim Drawing Sheets Case 3:15-cv-01429-JD Document 73-6 Filed 05/18/17 Page 2 of 5 US P690707 Page U.S PATENT DOCUMENTS 412009 Maruyamaetal D14/432 3/2010 Richardson et al D14/447 1/2011 Tin DI4/447 9i2011 Quongetal D14/253 4/20 12 WilceI D14/253 cited by examiner D656940 D657356 D663726 D663735 D664147 D671950 2011/0019992 Al4 4/20 12 Mcclelland et al D14/447 4/2012 Wikel D14/253 7/2012 Gourley D14/251 7/2012 Musselman D14/447 7/2012 Zhaoetal D14/452 12/2012 Richter D14/447 1/2011 Off 396/419 56 References Cited DM9962 D61 1478 D630222 D645033 D65693 Case 3:15-cv-01429-JD Document 73-6 Filed 05/18/17 Page 3 of 5 U.S Patent Oct 2013 Sheet of US P690707 FIG FIG FIG FIG FIG FIG FIG Case 3:15-cv-01429-JD Document 73-6 Filed 05/18/17 Page 4 of 5 U.S Patent Oct 2013 Sheet of FIG FIG 10 US D690707 FIG 12 Li AI7TThcC FIG 13FIG ii FIG 14 FIG 15 FIG 16 Case 3:15-cv-01429-JD Document 73-6 Filed 05/18/17 Page 5 of 5 EXHIBIT F DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 1 of 12 UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Mdrcss COMMISSIONER FOR PATENTS P.O Box 1450 Atoxoodrio Vfrgiuio 22313-1450 www us$0 guy APPLICATION NO FILING 1ATE FIRST NAMED INVENTOR ATtORNEY DOCKET NO CONFIRMATION NO 13/897062 05/17/2013 Kenneth Minn 20712.0002.CPUSOO 5591 120954 7590 12/04/2014 SF General Novak Druce Connofly Bove Quigg LLP 1000 Louisiana Street Fifty-Third Floor Fifty-Third Floor Houston TX 77002 EXAMINER MCIsURLEN SCOTt THOMAS ART UNIT PAPER NUMBER 3752 NOTIFICATION 1ATE ELI VERY MODE 12104/2014 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding The time period for reply if any is set in the attached communication Notice of the Office communication was sent electronically on above-indicated Notification Date to the following e-mail addresses amy.drury@novakdrucexom patentgroup@novakdruce.com Sflfail@novakdruce.com PTOL-90A Rev 04/07 KENU000622 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 2 of 12 Application No Applicants 13/897062 MINN ETAL Office Action Summary Examiner Art Unit AlA Firstlnventorto File SCOTT MCNURLEN 3782 Status Yes -- The MAILING DATE of this communication appears on the cover sheet with the correspondence address Period for Reply SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE MONTHS FROM THE MAILING DATE OF THIS COMMUNICATION Extensions of lime may be available under the provisions of 37 CFR 11 36a In no event however may reply be timely filed after SIX MONTHS from the mailing date of this communication If NO period for reply is specified above the maximum statutory period will apply and will expire SIX MONTHS from the mailing date of fhis communication Failure to reply within the set or extended period for reply will by statute cause the application to become ABANDONED 35 U.S.C t33 Any reply received by the Office later than three months after the mailing date of this communication even it timely tiled may reduce any earned patent term adjustment See 37 CFR 1.704b Status 10 Responsive to communications filed on 11/3/2014 declarations/affidavits under 37 CFR 1.1 30b was/were filed on ______ 2a This action is FINAL 2bD This action is non-final 30 An election was made by the applicant in response to restriction requirement set forth during the interview on ______ the restriction requirement and election have been incorporated into this action 40 Since this application is in condition for allowance except for formal matters prosecution as to the merits is closed in accordance with the practice under Exparte Quay/a 1935 C.D 11 453 O.G 213 Disposition of Claims 50 Claims 1Q is/are pending in the application 5a Of the above claims ______ is/are withdrawn from consideration 60 Claims _____ is/are allowed 70 Claims 1-20 is/are rejected 80 Claims _____ is/are objected to 90 Claims ______ are subject to restriction and/or election requirement any Claims have been determined allowable you may be eligible to benefit from the Patent Prosecution Highway program at participating intellectual property office for the corresponding application For more information please see http//www.uspto.oov/patents/init events/pph/index.isp or send an inquiry to PPHfeedbackuspto.gov Application Papers 100 The specification is objected to by the Examiner 110 The drawings filed on ______ is/are a0 accepted or b0 objected to by the Examiner Applicant may not request that any objection to the drawings be held in abeyance See 37 CFR .85a Replacement drawing sheets including the correction is required if the drawings is objected to See 37 CFR 1.121d Priority under 35 U.S.C 119 120 Acknowledgment is made of claim for foreign priority under 35 U.S.C 119a-d or Certified copies aD All bD Some c0 None of the 1.0 Certified copies of the priority documents have been received 2.0 Certified copies of the priority documents have been received in Application No ______ 3.0 Copies of the certified copies of the priority documents have been received in this National Stage application from the International Bureau PCI Rule 7.2a See the attached detailed Office action for list of the certified copies not received Attachments Notice of References Cited P10-892 Interview Summary PTO-41 Paper Nos/Mail Date Information DIsclosure Statements PTOISB/08a and/or PTO/SB/08b 0th Paper Nos/Mail Date er U.S Patent and Trademark Ottice PTOL-326 Rev 11-13 Office Action Summary Part of Paper No/Mail Date 20141124 KENU000623 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 3 of 12 Application/Control Number 13/897062 Page Art Unit 3782 DETAILED ACTION Claim Rejections -35 USC 103 The following is quotation of 35 U.S.C 103 which forms the basis for all obviousness rejections set forth in this Office action patent for claimed invention may not be obtained notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title if the differences between the claimed inventicn and the prior art are such that the claimed invention as whole would have been obvious before the effective filing date of the claimed invention to person having ordinary skill in the art to which the claimed invention pertains Patentability shall not be negated by the manner in which the invention was made Claims 1-2 7-8 11-13 and 15-16 are rejected under 35 U.S.C 103 as being unpatentable over US Patent 6441 872 to Ho in view of US Published Application 201 4/0097306 to Hale US Published Application 2008/01 90978 to Brassard and US Published Application 2010/0019059 to Bulsink Regarding claim Ho discloses an adjustable portable device holder comprising holding element and mounting element Ho fails to disclose the holding element being an adjustable clamping element as claimed However Hale discloses similardevice holder including an adjustable clamping element Fig wherein the adjustable clamping element is capable of being biased into an activated state when clamping an electronic device springs 23 are biased and unbiased into deactivated state when clamping element is empty springs are unbiased and deactivated to removably secure one of plurality of different size portable devices to the adjustable portable device holder It would have been obvious to one of ordinary skill in the art to use Hales adjustable clamping element in Ho to allow for holding variety of devices with different shapes and sizes and to make mounting and removing devices easier via automatic adjustment as taught by Hale abstract Ho fails to disclose rotatable mounting element However Brassard discloses similar device holder for vehicles including rotatable mounting element Fig plate 20 and rest of mount can rotate relative to each other It would have been obvious to one of ordinary skill in the art to use Brassards rotatable connection to attach the mounting element Ho to the adjustable clamping element Hale to allow the device to tilt and rotate to hold the device at various angles according to different user preferences as taught by Brassard para 0033 Ho fails to disclose the claimed mounting element configuration However KEN 000624 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 4 of 12 Application/Control Number 13/897062 Page Art Unit 3782 Bulsink discloses similar mount for an automotive vent including plurality of mounting arms spaced distance apart from one another Fig para 0014 portions of arms are spaced alternatively the arms would be completely spaced when in use on the automotive air vent and converging toward one another each extending at an angle away from bottom surface of the rest of the device Fig and thereby forming mounting slot between the pair of mounting arms Fig para 0014 slot also formed when in use on an air vent It would have been obvious to one of ordinary skill in the art to use Bulsinks mounting arms in place of Hos single mounting arm because doing so only involves simple substitution of one known equivalent vent mounting element for another to obtain predictable results Further using Bulsinks arms would allow for mounting to horizontal and/or vertical vanes as taught by Bulsink para 0014 In the combination the rotatable mounting element is capable of being rotated to position the mounting slot in various orientations relative to the adjustable clamping element Regarding claim the combination from claim discloses wherein width of the mounting slot tapers away from the bottom surface of the rotatable mounting element see tapered slot in Fig Bulsink and the rotatable mounting element is capable of being rotated to position the mounting slot in vertical and horizontal orientations to respectively engage vertically and horizontally oriented mounting surfaces via Brassards rotatable connection Regarding claim the combination from claim discloses wherein the adjustable clamping element comprises spring loadable by an applied expansive force to bias the adjustable clamping element into the activated state Fig expanding the clamp loads springs 23 Regarding claim the combination from claim discloses wherein the adjustable clamping element comprises gripping surface formed from gripping material Hale para 0021 Regarding claim 11 the combination from claim is capable of mounting to vent blade as claimed Further Ho discloses wherein the mounting surface is an air conditioner vent blade 13 in an automobile Regarding claim 12 the combination from claim is capable of holding smart phone as claimed Further Brassard paras 0001 0034 0037 0042 0045 and Hale abstract disclose holding phones and other similarly-sizeddevices pdas gpss etc It would have been obvious to one of KENU000625 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 5 of 12 Application/Control Number 13/897062 Page Art Unit 3782 ordinary skill in the art to have used the mount to hold smartphone because it expands the usefulness of the mount Regarding claim 13 the combination from claim discloses wherein the rotatable mounting element is attached with screw 40 Brassard to the adjustable clamping element Regarding claim 15 the combination from claim discloses wherein the rotatable mounting element is attached with pin 40 Brassard to the adjustable clamping element Regarding claim 16 the combination from claim discloses wherein the rotatable mounting element is friction fit to the adjustable clamping element tightening the screw 40 in Brassard creates friction between hemispherical spacer 36 and hemispherical portion 25 Alternatively the screw 40 in Brassard creates friction with nut 42 to hold the assembly together Claim is rejected under 35 U.S.C 103 as being unpatentable over Ho in view of Hale Brassard and Bulsink and further in view of US Patent 7140553 to Zobele The combination from claim discloses wherein each mounting arm tapers away from the bottom surface of the rotatable mounting element see Bulsink Fig in which the end of the arms taper when moving away from the bottom surface of the device In the spirit of making rejection based not only on the claimed invention but also based on the disclosed invention Zobele discloses similar automotive air vent clipped device including mounting arms that taper away from the bottom surface of the device see Fig arms taper when moving from the device to the ends of the mounting arms It would have been obvious to use Zobeles vent clip arm configuration in Ho because doing so only involves simple substitution of one known equivalent clip arm element for another to obtain predictable results Claims 4-6 are rejected under 35 U.S.C 103 as being unpatentable over Ho in view of Hale Brassard and Bulsink and further in view of US Patent 7284737 to Kane Ho fails to disclose the claimed gripping material However Kane discloses similar mount wherein the mounting arms 202 204 comprise gripping surface formed from textured rubber gripping material 21 4aJb Col lines 9-22 It would have been obvious to one of ordinary skill in the art to include Kanes gripping material in modified Ho to prevent slippage and scratching of the surface being gripped as taught by Kane Col lines 9-22 KENU000626 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 6 of 12 Application/Control Number 13/897062 Page Art Unit 3782 Claims 9-10 are rejected under 35 U.S.C 103 as being unpatentable over Ho in view of Hale Brassard and Bulsink and further in view of US Published Application 2011/0278885 to Procter Regarding claim the combination from claim discloses wherein the adjustable clamping element comprises two rods 14 15 Hale Fig an expandable arm 12 Hale and main body 11 13 Hale The combination fails to disclose stainless steel However Procter discloses similar automotive holder for an electronic device including parts made of stainless steel para 0022 It would have been obvious to one of ordinary skill in the art to have used stainless steel in the combination from claim because doing so only involves choosing from finite number of predictable materials to use in an automotive electronic device holder Regarding claim 10 the combination from claim discloses stainless steel Procter springs 23 Hale inserted one each over each rod and held in place by stainless steel Procter screw 26 Hale affixed to an end of the respective rod Claims 17-18 and 20 are rejected under 35 U.S.C 103 as being unpatentable over Ho in view of US Patent 7080812 to Wadsworth Brassard and Bulsink Regarding claim 17 Ho discloses an adjustable portable device holder prepared by process comprising providing holding element and mounting element and connecting the two together Ho fails to disclose the holding element being an adjustable clamping element as claimed However Wadsworth discloses similar device holder for vehicles including an adjustable clamping element Fig wherein the adjustable clamping element is capable of being biased into an activated state Fig when clamping pieces 221 231 are moved apart spring 140 is biased and unbiased into deactivated state Fig 3when clamping pieces 221 231 are moved together spring 140 is unbiased to removably secure one of plurality of different size portable devices to the adjustable portable device holder It would have been obvious to one of ordinary skill in the art to use Wadsworths adjustable clamping element in Ho to allow for holding variety of devices with different shapes and sizes and to make mounting and removing devices easier as taught by Wadsworth Col lines 29-34 Ho fails to disclose rotatable mounting element However Brassard discloses similar device holder for vehicles including rotatable mounting element Fig plate 20 and rest of mount can rotate relative to each other It KENU000627 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 7 of 12 Application/Control Number 13/897062 Page Art Unit 3782 would have been obvious to one of ordinary skill in the art to use Brassards rotatable connection to attach the mounting element Ho to the adjustable clamping element Fig Wadsworth to allow the device to tilt and rotate to hold the device at various angles according to different user preferences as taught by Brassard para 0033 Ho fails to disclose the claimed mounting element configuration However Bulsink discloses similarmount for an automotive vent including plurality of mounting arms spaced distance apart from one another Fig para 0014 portions of arms are spaced alternatively the arms would be completely spaced when in use on the automotive air vent and converging toward one another each extending at an angle away from bottom surface of the rest of the device Fig and thereby forming mounting slot between the pair of mounting arms Fig para 0014 slot also formed when in use on an air vent It would have been obvious to one of ordinary skill in the art to use Bulsinks mounting arms in place of Hos single mounting arm because doing so only involves simple substitution of one known equivalent vent mounting element for another to obtain predictable results Further using Bulsinks arms would allow for mounting to horizontal and/or vertical as taught by Bulsink para 0014 In the combination the rotatable mounting element is capable of being rotated to position the mounting slot in various orientations relative to the adjustable clamping element Regarding claim 18 the combination from claim 17 discloses wherein the rotatable mounting element is attached with screw 40 Brassard to the adjustable clamping element Regarding claim 20 the combination from claim discloses wherein the rotatable mounting element is friction fit to the adjustable clamping element tightening the screw 40 in Brassard creates friction between hemispherical spacer 36 and hemispherical portion 25 Alternatively the screw 40 in Brassard creates friction with nut 42 to hold the assembly together REJECTIONS BASED ON OCONNELL Claim is rejected under 35 U.S.C 103 as being unpatentable over Ho in view of Hale US Patent 5109411 to OConnell and Bulsink Ho discloses an adjustable portable device holder comprising holding element and mounting element Ho fails to disclose the holding element being an adjustable clamping element as claimed However Hale discloses similardevice holder KENU000628 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 8 of 12 Application/Control Number 13/897062 Page Art Unit 3782 including an adjustable clamping element Fig wherein the adjustable clamping element is capable of being biased into an activated state when clamping an electronic device springs 23 are biased and unbiased into deactivated state when clamping element is empty springs are unbiased and deactivated to removably secure one of plurality of different size portable devices to the adjustable portable device holder It would have been obvious to one of ordinary skill in the art to use Hales adjustable clamping element in Ho to allow for holding variety of devices with different shapes and sizes and to make mounting and removing devices easier via automatic adjustment as taught by Hale abstract Ho fails to disclose rotatable mounting element However OConnell discloses similar device holder for vehicles including rotatable mounting element Fig It would have been obvious to one of ordinary skill in the art to use OConnells rotatable connection to attach the mounting element Ho to the adjustable clamping element Wadsworth to allow the device to tilt and rotate to hold the device at various angles according to different user preferences as taught by OConnell abstract Ho fails to disclose the claimed mounting element configuration However Bulsink discloses similar mount for an automotive vent including plurality of mounting arms spaced distance apart from one another Fig para 0014 portions of arms are spaced alternatively the arms would be completely spaced when in use on the automotive air vent and converging toward one another each extending at an angle away from bottom surface of the rest of the device Fig and thereby forming mounting slot between the pair of mounting arms Fig para 0014 slot also formed when in use on an air vent It would have been obvious to one of ordinary skill in the art to use Bulsinks mounting arms in place of Hos single mounting arm because doing so only involves simple substitution of one known equivalent vent mounting element for another to obtain predictable results Further using Bulsinks arms would allow for mounting to horizontal and/or vertical vanes as taught by Bulsink pará 0014 In the combination the rotatable mounting element is capable of being rotated to position the mounting slot in various orientations relative to the adjustable clamping element Claim 14 is rejected under 35 U.S.C 103 as being unpatentable over Ho in view of Hale OConnell and Bulsink as evidenced by US Patent 5338252 to Bowler The combination from claim discloses wherein the rotatable mounting element is attached with ratchet device OConnell KENU000629 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 9 of 12 Application/Control Number 13/897062 Page Art Unit 3782 corresponding dimples 26b 16j form ratchet to the adjustable clamping element Although OConnell does not use the term ratchet to describe the dimpled connection Bowler evidences that this type of corresponding dimple arrangement is commonly referred to as ratchet Col line 66 Col line Claim 17 is rejected under 35 U.S.C 103 as being unpatentable over Ho in view of US Patent 7080812 to Wadsworth OConnell and Bulsink Ho discloses an adjustable portable device holder prepared by process comprising providing holding element and mounting element and connecting the two together Ho fails to disclose the holding element being an adjustable clamping element as claimed However Wadsworth discloses similardevice holder for vehicles including an adjustable clamping element Fig wherein the adjustable clamping element is capable of being biased into an activated state Fig when clamping pieces 221 231 are moved apart spring 140 is biased and unbiased into deactivated state Fig when clamping pieces 221 231 are moved together spring 140 is unbiased to removably secure one of plurality of different size portable devices to the adjustable portable device holder It would have been obvious to one of ordinary skill in the art to use Wadsworths adjustable clamping element in Ho to allow for holding variety of devices with different shapes and sizes and to make mounting and removing devices easier as taught by Wadsworth Col lines 29-34 Ho fails to disclose rotatable mounting element However OConnell discloses similar device holder for vehicles including rotatable mounting element Fig It would have been obvious to one of ordinary skill in the art to use OConnells rotatable connection to attach the mounting element Ho to the adjustable clamping element Wadsworth to allow the device to tilt and rotate to hold the device at various angles according to different user preferences as taught by OConnell abstract Ho fails to disclose the claimed mounting element configuration However Bulsink discloses similar mount for an automotive vent including plurality of mounting arms spaced distance apart from one another Fig para 0014 portions of arms are spaced alternatively the arms would be completely spaced when in use on the automotive air vent and converging toward one another each extending at an angle away from bottom surface of the rest of the device Fig and thereby forming mounting slot between the pair of mounting arms Fig para 0014 slot also formed when in use on an air vent It would have been obvious to one of ordinary skill in the art to use Bulsinks mounting arms in place of KEN 000630 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 10 of 12 Application/Control Number 13/897062 Page Art Unit 3782 Hos single mounting arm because doing so only involves simple substitution of one known equivalent vent mounting element for another to obtain predictable results Further using Bulsinks arms would allow for mounting to horizontal and/or vertical vanes as taught by Bulsink para 0014 In the combination the rotatable mounting element is capable of being rotated to position the mounting slot in various orientations relative to the adjustable clamping element 10 Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over Ho in view of Wadsworth OConnell and Bulsink as evidenced by US Patent 5338252 to Bowler The combination from claim 17 discloses wherein the rotatable mounting element is attached with ratchet device OConnell corresponding dimples 26b 6j form ratchet to the adjustable clamping element Although OConnell does not use the term ratchet to describe the dimpled connection Bowler evidences that this type of corresponding dimple arrangement is commonly referred to as ratchet Col line 66 Col line Response to Arguments 11 Applicants arguments have been considered but are moot in view of the new grounds ot rejection Conclusion 12 Applicants amendment necessitated the new grounds of rejection presented in this Office action Accordingly THIS ACTION IS MADE FINAL See MPEP 706.07a Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136a shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action In the event first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period then the shortened statutory period will expire on the date the advisory action is mailed and any extension fee pursuant to 37 CFR 1.136a will be calculated from the mailing date of the advisory action In no event however will the statutory period for reply expire later than SIX MONTHS from the date of this final action KENU000631 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 11 of 12 Application/Control Number 13/897062 Page 10 Art Unit 3782 Any inquiry concerninq this communication or earlier communications from the examiner should be directed to SCOTT MON URLEN whose telephone number is 313446-4898 The examiner can normally be reached on Monday-Friday 700am 430pm Alt Fri EST If attempts to reach the examiner by telephone are unsuccessful the examiners supervisor Gregory Picket can be reached on 571272-4560 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300 Information regarding the status of an application may be obtained from the Patent Application Information Retrieval PAIR system Status information for published applications may be obtained from either Private PAIR or Public PAIR Status information for unpublished applications is available through Private PAIR only For more information about the PAIR system see httpf/pair-direct.uspto.gov Should you have questions on access to the Private PAIR system contact the Electronic Business Center EBC at 866-217-9197 toIl-free If you would like assistance from USPTO Customer Service Representative or access to the automated information system call 800-786 9199 IN USA OR CANADA or 571 -272 1000 /S M./ Examiner Art Unit 3782 /JUSTIN LARSON/ Primary Examiner Art Unit 3782 KENU000632 Case 3:15-cv-01429-JD Document 73-7 Filed 05/18/17 Page 12 of 12 EXHIBIT G DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-8 Filed 05/18/17 Page 1 of 2 QKT[555<<7 Case 3:15-cv-01429-JD Document 73-8 Filed 05/18/17 Page 2 of 2 EXHIBIT H DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 1 of 23 Attorney Docket No 2071 2.0002.CPUS00 PATENT IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of MINN Kenneth Group Art Unit 3782 Serial No 13/ 897062 Confirmation No 5591 Date Filed 05/17/2013 Examiner MCNURLEN Scott Thomas For ADJUSTABLE PORTABLE DEVICE HOLDER Commissioner for Patents P.O Box 1450 Alexandria VA 223 13-1450 DECLARATION OF DAVID YAO David Yao the undersigned declarant hereby declare the following All information provided in this declaration is of my own personal knowledge am one of the inventors of the above-captioned patent application am also one of the named inventors of the Adjustable Mounting Clip and System Using Same disclosed in US Published Application 2014/0097306 Serial No 13/665934 attached hereto as Exhibit and hereinafter referred to as the Publication portion of my contribution to the subject matter of the Publication is the adjustable mounting clip disclosed therein and generally designated with the reference numeral 10 including the depiction of the internal structure and workings of the adjustable mounting clip depicted in Figure of the Publication showing the adjustable mounting clip having springs biased when clamping an electronic device and unbiased when the adjustable mounting clip is empty kEX9LI KENU000681 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 2 of 23 Serial No 13/897062 Confirmation No 5591 Attorney Doclet No 207 12.0002.CPU SOD further portion of my contribudon to the subject matter of the Publication was my conception of the use of gripping clips 11 12 as described and shown thmughout the Publication and in paflicuar at paragrajibs and As depictcd therein contributed the aspect of each grip clip 11 12 having 4evice engaging surface that abuthugly engages portable device in the activated state of the adjustable mounting clip and that for compactness the two grip clips 11 12 linearly translate relative to one another when tmnsitionin.g between the activated and deactivated states of the adjustable mounting clip 10 All statements made herein of my own knowledge are true all statements made herein on information and belief are believed to be true and further that thcsc statements were made with the knowledge that willful false statement and the like are punishable by fine or imprisonment or both under 18 U.S.C 1001 and may jeopardize the validity of the application or any patent issuing thereon Date_____ _____________ David it lao KENU000682 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 3 of 23 Exhibit KENU000683 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 4 of 23 19 United States lo ll ll Il I 11111111 1101111 li ii 1 1 1 1 1 1 1 1 0 1 1 0 1 1 1 1 1 1 li ii 1 1 1 0 1 1 1 1 1 1 0 1 1 1 III li lt li lt US 20140097306Al 12 Patent Application Publication 10 Pub No Us 2014/0097306 Al Hale et al 43 Pub Date Apr 10 2014 54 ADJUSTABLE MOUNTING CLIP AND SYSTEM USING SAME 71 Applicant DayMen US Inc Petaluma CA US 72 Inventors Eric Hale San Franciso CA US Noah Balmer Oakland CA US David Yao San Francisco CA US 21 AppI No 13/665934 22 Filed Nov 2012 Related U.S Application Data 60 Provisional application No 61/615273 filed on Mar 24 2012 51 lnt.CI F16M13/02 2006.01 52 U.S Cl CPC F1CM13/022 2013.01 USPC 248/122.1 248/274.1 57 ABSTRACT An adjustable mounting clip for an electronic device such as cellular telephone or smart phone The mounting clip may he adapted to be supported by flexible support apparatus such as tripod The mounting clip may support variety of electronic device types with an automatically adjusting vari able device receiver Thc mounting clip may be adapted to refract into compact stowed position when not in use Publication Classification Exhibit KENU000684 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 5 of 23 Patent Application Publication 12 11 16 Apr 10 2014 Sheet of 15 FIG 1A 17 10 16 Us 2014/0097306 Al Exhibit 17 18 13 FIG lB KENU000685 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 6 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 US 2014/0097306 Al 15 14 13 FiG 1C FIG in Exhibit KENU000686 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 7 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 US 2014/0097306 Al FIG 1E Exhibit KENU000687 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 8 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 US 2014/0097306 Al FIG Exhibit KENU000688 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 9 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 US 2014/0097306 Al FIG 3A Exhibit FIG 3B KENU000689 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 10 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 FIG 4A US 2014/0097306 Al ___ 1tJã FIG 4B Exhibit KENU00069O Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 11 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 Us 2014/0097306 Al ç...% ..t...t.... .. .\ \2_1ct\3 tij- FIG 4C FIG 4D Exhibit KENU00069I Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 12 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 US 2014/0097306 Al onc4 FIG 4E flG 4F Exhibit KENU000692 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 13 of 23 Patent Application Publication Apr 10 2014 Sheet of 15 US 2014/0097306 Al 10 Exhibit 30 FIG LA FIG SB FIG SC KENU000693 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 14 of 23 Patent Application Publication Apr 10 2014 Sheet 10 of 15 US 2014/0097306 Al FIG 6A FIG 6B Exhibit 30 31 KEN U000694 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 15 of 23 Patent Application Publication Apr 102014 Sheet 11 of 15 FIG 7A Exhibit US 2014/0097306 Al 31 10 33 KENU000695 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 16 of 23 Patent Application Publication Apr 10 2014 Sheet 12 of 15 US 2014/0097306 Al FIG 7B Exhibit KENU000696 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 17 of 23 Patent Application Publication Apr 10 2014 Sheet 13 of 15 US 2014/0097306 Al .zJ 35 FIG 8A Exhibit FIG SB KENU000697 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 18 of 23 Patent Application Publication Apr 10 2014 Sheet 14 of 15 US 2014/0097306 Al FIG 8C Exhibit KENU000698 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 19 of 23 Patent Application Publication Apr 10 2014 Sheet 15 of 15 US 2014/0097306 Al 11 Exhibit 20 -12 13- 24 15 22 211 27 FIG KENU000699 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 20 of 23 US 2014/0097306 Al Apr 10 2014 ADJUSTABLE MOUNTING CLIP AND SYSTEM USING SAME CROSS-REFERENCE TO RELATED APPLICATIONS 100011 This application claims priority to U.S Provisional Patent Application No 61/615273 to Hale filed Mar 24 2012 which is hereby incorporated by reference in its entirety BACKGROUND Field of the Invention The present invention relates to an adjustable mount and system using flexible support apparatus sucb as tripod adapted to support an item mounted in the adjust able mount Description of Related Art Modem portable electronic devices such as cellular telephones may now be used for viewing as well However these items are typically small flat rectangular objects which may be difficult to place in an appropriate position for hands- free use while viewing Also these devices may come in variety of sizes such that mounting clip may need to be adjustable in order to offer the versatility needed to support different devices Thc use of portable electronic device may be enhanced with the use of tripod or other support structure An adjustable clip adapted to work with varying types of support structures may enhance its versatility 100071 What is called foris an adjustablemountwhichmay adjust to support variety of different types and sizes of modern devices such as smart phones What is also called for is an adjustable mount or clamp which allows the mounting of the device to support structure such as tripod SUMMARY The present invention is directed towards an adjust able mounting clip for an electronic device such as cellular telephone or smart phone The mounting clip may be adapted to be supported by flexible support apparatus such as tripod The mounting clip may support variety of electronic device types with an automatically adjusting variable clip receiver BRIEF DESCRIPTION OF THE DRAWINGS FIGS 1A-E illustrate an adjustable mounting clip in deployed configuration according to some embodiments of the present invention 10010 FIG illustrates an adjustable mounung clip as it transitions from stowed to deployed configuration accord ing to some embodiments of the gresent invention 10011 FIGS 3A-B illustrate an adjustablemountingclip in deployed conligoration according to some embodiments of the present invention 10012 FIGS 4A-F illustrate an adjustable mounting clip in stowed configuration according to some embodiments of the present invention 100131 FIGS 5A-C illustrate an adjustable mounting clip mounted onto tripod in stowed position according to some embodiments of the present invention FIGS 6A-B illustrate an adjustable mounting clip mounted onto tripod in deployed position supporting an electronic device according to some embodiments of the present invention 10015 FIG 7A is an exploded view of an adjustable mount ing clip mounted onto flexible tripod supporting an elec tronic device according to some embodiments of the present invention FIG 7B illustrate an adjustable mounting clip mounted onto flexible tripod supporting an electronic device according to some embodiments of the present inven tion FIG BA illustrates mounting clip used in some embodiments of the present invention FIGS SB-C illustrate an adjustable mounting clip mounted onto flexible tripod while supporting an electronic device according to some embodunents of the present inven tion FIG is an illustration of components of an adjust able mounting clip according to some embodiments of the present invention DETAILED DESCRIPTION FIGS 1A-E illustrate an adjustable mounting clip 10 according to some embodiments of the present invention Its some embodiments the adjustable mounting clip is adapted to support an electronic device such as snsart phone The electronic device may also be GPS device remote monitor or other device In some embodiments an adjustable mounting clip 10 has first gripping clip il and second gripping clip 12 The adjustable mounting clip 10 is adapted to attach to support structure such as tripod or flexible tripod in some embodiments central portion 13 adapted to extendahly join the first gripping clip 11 and the second gripping clip 12 The central portion may allow for extension between the first gripping clip 11 and the second gripping clip 12 along guides 14 15 which may include spring loaded retraction aspect adapted to keep pressure on device held by the adjustable mounting clip The first gripping clip 11 and the second gripping clip 12 may also be spring loaded such that they fold inward into stowed configuration when not supporting an electronic device The first gripping clip 11 may have resilient portions 16 adapted to provide friction against the device held by the adjustable mounting clip 10 Thesecond gripping clip 12 may have resilient portions 17 adapted to provide friction against the device held by the adjustable mounting clip 10 The resil ient portions 16 17 may reside in inset portions of the grip ping clips 11 12 in some embodiments In some embodi ments the gripping clips 11 12 may be made of plastic In some embodiments the resilient portions 16 17 may be eo molded to the gripping clips 11 12 The first gripping clip 11 may have threaded insert 18 adaptedto receive threadedpost such as maybe found on tripod or on removable clip adapted to be inserted into clip receiver as may be found on tripod The first gripping clip 11 may have lanyard hole 19 which may be used to attach lanyard which can be used to attach the adjustable mounting clip to another item FIG illustrates an adjustable mounting clip 10 in various states as it would be taken from stowed configora lion to deployed configuration In fully stowed configu ration the adjustable mounting clip 10 maybe adapted to take very small amount of space lending well to storage in small Exhibit KENU000700 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 21 of 23 US 20 14/0097306 Al spaces such as the pocket of user The gripping clips maybe iii U-shape such that the gripping clips when folded into stowed configuration reside outside of the central portion 13 The gripping clips 11 12 may reside in plane with the central portion 13 when stowed such thatthe stowedconflguration is extremely compact In some embodiments the adjustable mounting clip lOis spring loaded such that the gripping clips 11 12 are brought together under spring force The gripping clips 11 12 may be extended from each other by the user in order to be of proper size for held device Once the user is no longer pulling the two ends away from each other the spring loaded aspect of the adjustable mounting clip will then close down on the device being held The combination of the spring loaded aspect of the clip and the resilient portions of the gripping clips allow for very sure grip of the held device The use of an adjustable mounting clip gives the distinct advantage of allowing the user to hold and position an electronic device such as smart phone in convenient position for viewing For example the adjustable mounting clip may be mounted to tripod which may be placed upon table or an airplane seats foldout tray for viewing and use The expandable aspect ofthe central portion 13 allows foruse with variety of sizes of electronic devices 100251 FIGS 3A and 3D illustrate an adjustable mounting clip 10 inperspective views according to some embodiments of the present invention The adjustable mounting clip 10 is adapted to receive and hold an electronic device or other device central portion 13 adapted to extendably join the first gripping clip 11 and the second gripping clip 12 central portion may allow for extension between the first gripping clip 11 and the second gripping clip 12 along guides 14 15 which may include spring loaded retraction aspect adapted to keep pressure on device held by the adjustable mounting clip One or more of the guides 1415 may include spring system adapted to apply contracting force between the first gripping clip 11 and the second gripping clip 12 10026 FIGS 4A-F illustrate an adjustable mounting clip in stowed configuration according to some embodiments of the present invention The way in which the parts integrate into stowed whole allows for storage in small space The gripping clips 11 12 may be adapted to pivot from stowed position parallel to the central portion 13 to deployed posi tion perpendicular to the central portion 13 The gripping clips 1112 may be U-shaped such that in the stowed position the clips reside outside of the centntl portion allowing for very compact co-planar stowed position 10027 FIGS SA-C illustrate an adjustable mounting clip 10 attached to small folded tripod 30 such as miniature ball tripod according to some embodiments of the present invention The tripod may have plurality of legs which may fold together in other to form small stowed unit of clip and tripod The adjustable mounting clip is adapted to receive an electronic device The combination of the adjustable mount ing clip 10 and the small folded tripod 30 present very compact system adapted to hold device In some embodi ments the tripod 30 has three legs which mtate around center ball such that the three legs are parallel when in stowed position The tripod may have threaded post which mates into the threaded insert 18 of the adjustable mounting clip With the adjustable mounting clip in stowed configu ration the tripod and the clip may align such that the long axis of the stowed clip is parallel to the long axis stowed tripod In some cmbodiments of the present invention the tripod legs are adapted to rotate from first position which is closed or stowed configuration and seen in FIGS 5A-C to an open ordeployed positioo as seen in FIGS 6A-B In some embodiments the tripod legs may have tips which may be of material adapted to provide more friction while in use In some embodiments the stowed position of the tripod places the legs directly adjacent such that they are stowed together into unitary stowed leg assembly The rings of the ends of the legs may be adapted such that when in deployed position the rings have stops which prevent further rotation of the legs past point which places the legs in tripod configuration central body ring provides an external surface adapted to provide support and guide surface to the ends of the legs which may be rings adapted to fit around the central body ring Within the central body ring there ntay be socket adapted to receive hall connector The ball connector maybe spherical in its contact area with the socket threaded post may pmtrude from the baIl connector and be adapted to support device such as camera or to mate to an adjustable mounting clip orother device The rings of the legs may have sufficient friction with the central body ring such that the legs may be rotated into either stowed or deployed configura tion but will stay in the position under typical usage loads The ball connector may have sufficient friction with the socked of the interior of the central body ring such that once placed in selected position the ball tends not to move during typical use FIGS 6A-B illustrate an adjustable mounting clip 10 holding an electronic device 31 mounted onto miniature ball tripod 30 The ball tripod 30 is in deployed configura tionwherein the legs have beenrutated into position adapted to support the system An apparatus such as this affords the user the convenience of using tripod as support stand for watching video on personal player for example and the use of the adjustable mounting clip allows the user to custom tailnr their system for the player being viewed 10032 FIGS 7A-B illustrate an adjustable mounting clip 10 with clip 32 mounted onto flexible tripod 33 according to some embodiments of the present invention The clip 32 may be adapted to attach to the adjustable mounting clip 10 along the central portion 13 The flexible tripod may have body portion which provides base of support for three flexible legs The flexible legs may consist of series of interconnected ball and socket joint connectors The flexible legs are able to be flexed into variety of positions and can he used to support the body portion by fonning tripod support The flexible legs are able to adapt to uneven surfaces to allow the tripod to Inaction in variety of situations The body portion itself may have series of interconnected ball and socket joint connectors within it allowing for even more flexibility with regard to its mounting function Although the flexible legs are illustrated as func tioning legs the legs are of sufficient flexibility that the may be used to wrap around items such as bars or other objects in order to fasten the tripod apparatus to objects that would not be suitable for mounting of typical tripod In conjunction with the gripping portion this allows the tripod apparatus to be fastened to variety of objects Forexample when used to position digital camera the legs may wrap around vertical gate rail allowing the mounting of the camera for photo taking opportunity not previously available Apr 102014 Exhibit KENU0007OI Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 22 of 23 US 2014/0097306 Al In some embodiments the body portion is con nected to an interconnect portion adapted to receive clip 35 illustrated in FIG 8A.A clip 35 may be removably fastened to the interconnect portion The clip 35 may have threaded post 34 adapted to fit into camera or other device in some embodiments In some embodiments the flexible legs may use connectors that have co-molded gripping portion The grip ping portions may allow for use of the tripod in variety of ways including wrapping of the legs around post or other object In some embodiments the flexible legs may be termi nated with gripping pod The gripping pod may be hilly molded into the cavity of the connector FIGS 813-C illustrate uIsrthor uses of an adjustable mosinting clip with tripod mounting clip attached thereto clipped in the clip receiver of tripod with flexible legs FIG is an illustrative exploded view of an adjust able mounting clip 10 according to embodiments of the present invention The first gripping clip 11 is pivotally attached to an end of the central portion 13 by pin 21 The second gripping clip 12 is pivotally attached to slider end 22 by pin 22 The guides 1415 are adapted to slide within the central pnrtinn 13 while attached at first end to the slider end 22 Springs 23 surround the guides 14 15 and are ndnpted to retract the adjustable mounting clip 10 such that is places moderate pressure on supported device while supporting ii or to pull the clip into the stowed configuration when no device is held within it End attaclunents 24 26 27 are used to restrain second end of the springs such that they restrain extension of the second end 12 frnsii the first end 11 10038 As evident from the above description wide vim ety of embodiments may be configured from the description given herein and additional advantages and modifications will readily occur to those skilled in the art The invention in its broader aspects is therethre not limited to the specific details and illustrative examples shown and described Accordingly departures fmmsuchdetails may be made with out departing from the spirit or scope of the applicants gen cml invention claim An adjustable mounting clip for an electronic device said adjustable mounting clip comprising first gripping clip second gripping clip and middle portion The adjustable mounting clip of claim wherein said first gripping clip is attached to first end of said middle portion The adjustable mounting clip of claim wherein said second gripping clip is attached to second end ofsaid middle portion The adjustable mounting clip of claim wherein said first gripping clip is pivotally attached to first end of said middle portion Api- 10 2014 The adjustable mounting clip of claim wherein said second gripping clip is pivotally attached to second cad of said middle portion The adjustable mounting clip of claim wherein said middle portion is extendable and wherein extension of said middle portion increases the distance between said first grip ping clip and said second gripping clip The adjustable mounting clip of claim wherein said extension of said middle portion is resisted with spring within said middle portion The adjustable mounting clip of claim wherein said first gripping clip is adapted to pivot from first stowed position to second deployed position The adjustable mounting clip of claim wherein said second gripping clip is adapted so pivot from first stowed position to second deployed position 10 The adjustable mounting clip wherein said first grip ping clip is coplanar to said middle portion when said first gripping clip is in said first stowed position 11.The adjustable mounting clip wherein said second grip ping clip is coplanar to said middle portion when said first gripping clip is in said first stowed position 12 The adjustable mounting clip of claim wherein said first gripping clip comprises resilientpnrtion along amount ing surface of said first gripping clip 13 The adjustable mounting clip of claim 12 wherein said second gripping clip comprises resilient portion along mounting surface of said second gnpping clip 14 tripod and adjustable clip system comprising tripod and and adjustable mounting clip said adjustable mounting clip comprising first gripping clip second gripping clip and middle portion 15 The tripod and adjustable clip system of claim 14 wherein said first gripping clip is attached to first end of said middle portion 16 The tripod and adjustable clip system of claim IS wherein said second gripping clip is attached to second end of said middle portion 17 The tripod and adjustable clip system of claim 16 wherein said first gripping clip is pivolally attached to first end of said middle portion 18 The tripod and adjustable clip system of claim 17 wherein said second gripping clip is pivntally attached to second end of said middle portion 19 The tripod and adjustable clip system of claim 18 wherein said middle portion is extendable and wherein extension of said middle portion increases the distance between said first gripping clip and said second gripping clip 20 TIse tripnd and adjustable clip system of claim i9 wherein said extension of said sniddle portion is resisted with spring within said middle portion Exhibit KENU0007O2 Case 3:15-cv-01429-JD Document 73-9 Filed 05/18/17 Page 23 of 23 EXHIBIT I DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 1 of 8 Q KT[5 5 5 =9< Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 2 of 8 Q KT[5 5 5 =9= Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 3 of 8 Q KT[5 5 5 =9> Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 4 of 8 Q KT[5 5 5 =9? Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 5 of 8 Q KT[5 5 5 =; 5 Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 6 of 8 Q KT[5 5 5 =; 6 Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 7 of 8 Q KT[5 5 5 =; 7 Case 3:15-cv-01429-JD Document 73-10 Filed 05/18/17 Page 8 of 8 EXHIBIT J DECLARATION OF CRAIG C. CROCKETT IN SUPPORT OF KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE ‘714 PATENT AND THE ‘D707 PATENT ARE NOT INVALID Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 1 of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`2Y-,2.-5, 57 029-0 /> W25 @2\/ MR YH> .SA[NTE & / ` 6 - M - . 1 M/85,5L<5 0/@51-.-5, /`6-M-. @2\/ /aQC[CE ! MNAbCDUH ,SECKN SF 0NVSHCECSD ) SF 0BGCO WBS /aQC[CE " 1> @BENDE ,S> )=*(*='!$ #' /aQC[CE % +>1> @BENDE ,S> &)*='*' #' /aQC[CE & +ECACER @BENDE 2VVACKBECSD #) .TBDHZCEEBA /aQC[CE ' 0NKABTBECSD SF 0BGCO /> WBS %( "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) " #" $% &' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 2 of 11 % ! " # $ % & ' ( ) !* !! !" !# !$ !% !& !' !( !) "* "! "" "# "$ "% /`6-M-.1 45,.-,+/0I @2\/ /aQC[CE ( &c"!c!" /JZBCA '$ YNNE XV DNaE dNNbe /a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`IJ5H a6b 7"5 ;5a5I;1I7J _> @J= 76H_5b7] R @2= >/)C 8/* ')? 9&-/3- 3./.- ')?2 */U- +)2 .%- 2-8)2,T * E-.;= N5,-3 J-4B R 1*, S%/. #3 ')?2 8?22-*. /,,2-33T * #&( O/8343 P58//5> P-3 Q8-3I;6I4> R-<;?483;- '$"L#B R "/<- ')? -<-2 W--* ,-9)3-, W-+)2- .),/'T * S4B R "/<- ')? -<-2 .-3.#+#-, #* /*' &-$/& 92)8--,#*$T * O/8A-<<@> 34B R "/<- ')? -<-2 .-3.#+#-, #* /*' &-$/& 92)8--,#*$ #* S2#..-* +)2UT * +? + I4735 5,/ =/D46;5;43 ?48 00 48 345 5,/ =/D46;5;43> A75 5,/ 65-5/2/35 ?48 5,;6 00 5,/ E/I<-8-5;43 ?48 5,;6B R 6?.3#,- )+ .%#3 &#.#$/.#)*C %/<- ')? W--* #*<)&<-, #* /*' ).%-2 &-$/& 92)8--,#*$T B E A L $ P M F B ' "( EE EA "L EK ") EM "& "M EQ AD AE AA #L AK #) R O- 8/* ./Z- / W2-/Z /. /*' .#U- ')? S)?&, &#Z-C /3 &)*$ /3 .%-2-43 *). *) Y?-3.#)* 9-*,#*$= ;) ')? ?*,-23./*,T * J/6B @b= @6b5"6`J] c--9 ')?2 <)#8- ?9C ;/<#,= O- %/<- .) W- /W&- .) %-/2 ')?= R d_> @J= 76H_5b7e V3 .%-2- /*' 2-/3)* ')? 8/**). 92)<#,- 8)U9&-.- /*, /88?2/.- .-3.#U)*' .),/'T * + 2-@ 345 8/2/2A/8 /./8@5,;3TB U75 45,/89;6/> + A/<;/./ 64B R O%/.C #+ /*'.%#*$C ,#, ')? ,) .) 92-9/2- +)2 .),/'43 ,-9)3#.#)*T * + 5- 5,8// ,4786B R 1*, S%) -[/8.&' ,#, ')? 39-/Z S#.%T * + 6D4G/ 9;5, E/-3 ,/8/ -3= 9;5, R8-;T R84IG/55B R ;#, ')? 2-<#-S /*' ,)8?U-*.3 W-3#,-3 .%- ;-8&/2/.#)* #* 3?99)2. )+ c-*?43 )99)3#.#)* .) ;-+-*,/*.43 @).#)* .) ;#3U#33 S%-* ')? U-. S#.% .%- /..)2*-'3 '-3.-2,/'T * V765 5,-5 -3= 5,/ /W,;A;56 2/35;43/= ;3 5,-5B R O/3 /*'W),' -&3- 92-3-*. /. ')?2 U--.#*$T * S4B "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) ( #) $% *' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 3 of 11 AQ " # L $ P % F M Q ED "" "# EL EK ") EM "& EB EQ AD #" ## #L AK AP * + I47<= 6D/I7<-5/ 5,-5 5,/8/ 9-6 2-@A/ - 58;D4= 00 345 - 58;D4= A75 - A-<< ,/-=B R V. S/3 W/&& %-/, ?3-, )* .%- .2#9),T * J/-,B R O/3 .%- .2#9),C .%- k)2#&&/G),T * J/6B R O-2- ')? / ,-3#$* -*$#*--2 /. i6_>T * J/6B R ;) ')? 2-8/&& S%/. c-* @#**43 2)&- S/3T 6%C ')? X?3. .)&, U-C / 92),?8. U/*/$-2= * J/-,B F465 4? ,;6 5;2/ ;3 5,/ 5;2/ ,/ 9-6 5,/8/> + 5,;3G ,/ 9-6 6-T * * ?/9 @/-86B R O-2- ')? +2#-*,3 )?.3#,- )+ S)2ZT * + =4315 5,;3G 9/ ;35/8-I5/= 4756;=/ 4? 948GB R _-3#,-3 .%- 3/&/2' /*, W-*-+#.3 .%/. c-*? )++-2-, ')?C S/3 .%-2- /*).%-2 2-/3)* S%' ')? &-+. i6_> .) S)2Z /. c-*?T * + ?/<5 <;G/ + ,-= A//3 -5 VKUJ ?48 - <43T 5;2/ I42D-8/= 54 45,/8 D/4D 64 ;5 ?/<5 <;G/ - T44= 5;2/ 54 58@ 642/5,;3T 3/9B R J) 5[%#W#. L 3./.-3 .%/. ')? S-2- / ,-3#$* -*$#*--2 /. i6_> +2)U J-9.-UW-2 ADDF .) i?*- ADEL= LE E # L K ) % & B Q "( "" EA EL "$ EP "% "& EB EQ #( #" ## #L #$ #) R ;#, ')? S)2Z )* .%- k2#97#$%. 92),?8.T * J/6B R O%/. S-2- ')?2 2-39)*3#W#&#.#-3 )* .%- k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i6_>T * + 948G/= 43 58;D4=6B + 948G/= 43 A-<< ,/-=6B + 948G/= 43 -3 ;Z,43/ I-6/B + 948G/= 43 -3 -85;I7<-5;3T -82B C,-516 -<< + I-3 5,;3G 4? 8;T,5 349B R ;) ')? 2-8/&& #+ ')? S-2- .%- 9-23)* .) .%#*Z )+ .%- #,-/3 +)2 .%- 92),?8.3 .%/. ')? S)2Z-, )*T * + 5,;3G 5,/@ 9/8/ 767-<<@ 00 ;=/-6 ?48 5,/ 00 <;G/> 5,/ 65-85 4? 5,/ D84_/I56 767-<<@ 9/8/ 642/43/ /<6/B R 1*, 3) ')?2 2)&- S/3 #U9&-U-*.#*$ .%)3- #,-/3T * J/-,B LA E A L K ) M & B Q "( "" EA EL "$ EP EM "& "M "' #( #" AA AL #$ #) R O%-* ')? 3/' h#. S/3 ?3 #* .%- 00 #* J/* a2/*8#38)ChS%) /2- ')? 2-+-22#*$ .)T * N8;I X- + T7/66> =/6;T3 / 64 54 6D/-GB C,/@18/ _765 00 + 67DD46/ 5,/8/16 - 62445,3/66> A75 00 -3= ;? @47 4D/3 ;5> 5,/8/16 - <44GB U75 5,46/ 9/8/ D8/55@ ?73=-2/35-<> 64 +12 345 678/ ,/ ,-= - <45 54 6-@ 43 5,46/B R >)? /&3) 3/#, .%-2- S-2- ).%-2 ,-3#$*-23 +)2 .%- k2#97#$%. 92),?8.= O%) S-2- ')? 2-+-22#*$ .)T * [/<<> 5,/ 00 5,/ 8/65 4? 5,/ =/6;T3 5/-2B *5 5,/ 5;2/ + 5,;3G 5,/8/ 9-6 S4-, U-<2/8> X/;=; Q-88/<<> "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) * #(, $% +(' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 4 of 11 LL " # L K P M & M Q ED EE "# EL EK ") EM EF EB "' AD AE ## AL AK #) -3= Q8/= Z4<;54B + =4315 8/I-<< ,49 27I, 5,/@ I4358;A75/= 54 d8;DC;T,5 ;3 D-85;I7<-8 5,47T,B R 1*, S%/. /W)?. .%- (%#*-3- U/*?+/8.?2-23 00 )2 -[8?3- U- 00 (%#*-3- )++#8- -*$#*--23T ;) ')? 2-8/&& S%-.%-2 .%-' S-2- #*<)&<-, #* .%- ,-3#$* )+ .%- k2#97#$%.T * C,/@ 9/8/ ;3.4<./= 248/ ;3 5,/ T/55;3T ;354 2-37?-I578/ -3= 5/65;3T 00 5/65;3T -8473= 5,-5B R J) #.43 +/#2 .) 3/' .%/. .%- (%#*-3- -*$#*--23 S-2- W2)?$%. #* /+.-2 .%- ,-3#$* )+ .%- k2#97#$%. S/3 /&2-/,' 8)U9&-.-,T * U-6;I-<<@> @/6B R 1*, ,) ')? 2-8/&& S%) I)/% _/&U-243 2)&- S/3 #* .%- ,-3#$* )+ .%- k2#97#$%.T * S4B R J) .%-2- S-2- *) ).%-2 -*$#*--23 .%/. ')? S)2Z-, )* S#.% 2-39-8. .) .%- k2#97#$%. W-3#,-3 .%- (%#*-3- )++#8- -*$#*--23T * \;T,5B R O%#&- ')? S-2- S)2Z#*$ /. i6_>C ,#, ')? S)2Z /3 / 8)*3?&./*. +)2 /*' ).%-2 8)U9/*#-3 W-3#,-3 c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i6_>T * *6 + 9-6 ?;3;6,;3T 7D 2@ ?;865 @/-8 -5 P5-3?48=> 5,/ 00 + 5,;3G 43/ 4? 5,/ -66;65;3T D84?/66486 2/35;43/= VKUJ 54 2/B R 1*, )*- )+ .%- 92)+-33)23 S/3 ')?2 #*<)&<-U-*. S#.% .%- 8)*3?U-20W/3-, 92),?8. &/WT * P-@ ;5 -T-;3B R 7%- 00 3) )*- )+ .%- 92)+-33)23 S/3 / 92)+-33)2 )* .%- 00 .%- 8)29)2/.- 39)*3)2 92),?8. &/Wg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c-8=476 /3.;8432/35 84A45 5,-5 947<= /WD<48/ 54W;I /3.;8432/356B R J) S%/. /39-8.3 )+ .%- 2)W). .%/. ')? X?3. U-*.#)*-, ,#, ')?S)2Z )*T * + 948G/=439,-5 947<= 00 9,-5 9-6 A-6;I-<<@ - ?-3I@ E765A765/8B P4 ;516 - <;55 5,-5 84A45 ;6 -3 /W-2D A75 + ,-./ 3/./8 A//3 00 =;=315 =4 948G -3= 9-6315 D-;=B R O%) S/3 .%- U--.#*$ S#.%T * [;5, - ?482/8 657=/35> E-3 F-3;-3B R 1 3.?,-*. .%/. ')? ./?$%.T * J/6B R O%-* ,#, ')? .-/8% .%#3 3.?,-*.T * +3 2@ 6/I43= @/-8 -5 P5-3?48=B R J) /3 71T * J/6B R 1*, .%- U--.#*$ .%/. ')? %/, S#.% .%- +)2U-2 3.?,-*.C S%/. S/3 #. 8)*8-2*#*$T * + 5,;3G 5,-5 2;T,5 A/ I43?;=/35;-< 54 ,;6 "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) , #++ $% +-' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 5 of 11 KE E # L K P % F B ' ED "" "# "L EK ") "% "& EB EQ #( #" AA #L #$ AP #*<-*.#)* #* .%- 4FEK G/.-*.T * +5 ;6 *;8?8-2/B R O)?&, #. 00 S)?&, ')? 8)*3#,-2 .%- 4FEK G/.-*. .) W- -[/8.&' 1#2+2/U-T @b= @6b5"6`J] 6WX-8.#)*C @J= 76H_5b7e O%/. ,) ')? U-/* W' .%- h3%#99#*$ U),-& )+ 1#2+2/U-hT * C,/8/16 _765 642/ =;??/8;3T I462/5;I / A75 ;516 349 -I57-<<@ ?;./ D;/I/6B R O%' #3 #. +#<- 9#-8-3T * C,/ 00 5,/ I4358-I5 2-37?-I578/8 6-;= 5,;6 947<= A/ ,-8= 54 -66/2A + 5,;3GB R ;) ')? Z*)S S%'T KL " A L K P % & B Q "( "" EA EL "$ EP EM "& EB EQ #( #" ## #L AK #) * +5 9-6 00 @b= @6b5"6`J] 6WX-8.#)*C @J= 76H_5b7e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d_> @J= 76H_5b7e O%/. 39-8#+#8/&&' ,#, ')? U-/* W' h#*.-2*/& U-8%/*#8/& ,-3#$*hT * + 2/-3 5,/ 84=6 -3= 6D8;3T6 -3= 6I8/96 43 5,/ ;36;=/B C,/ ;=/- 5,-5 5,/ 00 5,/ <;55 -3= 5,-5 ;6 - 375> -6 9/<< -6 - <4T4 / @J= 76H_5b7e V3 .%- &)$) -&-U-*. +?*8.#)*/&T * C,/ 375 D-85 4? ;5 ;6> 9,;I, ;6 ,;==/3 ?842 .;/9B R ()?&, .%-2- W- / 8)U9&-.-&' +&/. 3?2+/8- +2)U .%- +2)*. /*, 3.#&& W- / *?. W-%#*,T @b= @6b5"6`J] 6WX-8.#)*C 8/&&3 +)2 "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) "" #&" $% &&' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 6 of 11 KP E # L K P % F B ' ED "" "# EL "$ EP EM EF "M EQ AD #" AA AL #$ AP 39-8?&/.#)*= * + 5,;3G 00 5,/ ?8435 4? ;5 I47<= <44G - A73I, 4? =;??/8/35 9-@6B R d_> @J= 76H_5b7e ;#, ')? 8)U- ?9 S#.% .%- ,-3#$* +)2 .%- +2)*.T * + 00 @b= @6b5"6`J] V4U $)#*$ .) )WX-8. .%/. #.43 @J= 76H_5b7e ;) ')? Z*)S S%) ,#,T * + 5,;3G 5,-5 9-6 642/5,;3T 5,-5 V4,3 I-2/ 7D 9;5,B R i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b= @6b5"6`J] 6WX-8.#)*C @J= 76H_5b7e _?. ')? ,)*4. 2-8/&& #+ %/<#*$ #. 2)./.- S/3 ')?2 #,-/T KM E # L K ) M & B ' ED "" "# EL "$ ") EM EF "M "' #( AE AA #L AK AP -*$/$#*$ 3?2+/8-T * C,/ 00 + -6672/ 5,-5 2/-36 5,/ T8;DD;3T /<-6542/8 5,/8/B J/6B R O%/. .'9- )+ $2#99#*$ -&/3.)U-2 #3 ?3-,T * +5 76/6 - CZNB R _?. ')? ,#, *). #*<-*. 7G5g #3 .%/. 2#$%.T * \;T,5B R ;#, ')? #*<-*. 2),3T * S4B R ;#, ')? #*<-*. /* -[9/*,/W&- /2UT * +3 5,/ T/3/8-< 6/36/> 345 3/I/66-8;<@ 9;5, *;8?8-2/B R O%/. /W)?. / 39-8#+#8 3-*3-T * [/<<> ;3 *;8?8-2/ + I,46/ 54 76/ 5,-5 ;365/-= 4? 9,-5/./8 45,/8 4D5;43B R ;) ')? 2-8/&& S%/. ).%-2 )9.#)*3 ')? 8)*3#,-2-,T * [/<<> /-8<;/8 ;3 *;8?8-2/ 9/ 5- A75 ;516 /-6@ 54 2-37?-I578/B J/-,B R 13 9/2. )+ .%/. ,#, ')? 8)*3#,-2 S%-.%-2 .%- U)?*.#*$ /2U3 00 /2U3 3%)?&, 8)*<-2$- .)S/2, )*- /*).%-2T * C,-5 ?/<5 <;G/ - T;./3> 345 3/I/66-8;<@ 00 + =4315 8/I-<< ;5 9-6 - I436I;476 =/I;6;43B + 5,;3G 5,-5 9-6 _765 5,/ 3-578-< 5,;3T 54 =4B R J) S)?&, ')? 3/' .%/. ')? 8)*.2#W?.-, .) .%- #*<-*.#)* .%/. .%- 9/#2 )+ U)?*.#*$ /2U3 8)?&, 8)*<-2$- .)$-.%-2T * + =8/9 ;5 5,-5 9-@B R ;#, ')? 8)U- ?9 S#.% .%- #,-/ .) ,2/S #. .%/. S/'T * + 67DD46/B +5 9-6 ;36D;8/= A@ -345,/8 I<;D 5,-5 ,-= I43./8T;3T 64BBB R O%/. 8 T * +5 9-6 - I<;D ?842 -3 -;8 ?8/6,/3/8> + "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) "( #&) $% &*' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 7 of 11 PF E A L K P M & B ' "( "" EA EL EK ") "% EF EB "' AD #" ## #L AK AP /99/.#)* .%/. S/3 3?WU#..-, +)2 .%- 4FEK G/.-*. W-+)2- #. S/3 +#&-,T * + =4315 8/I-< -<5,47T, + 767-<<@ I43I/358-5/ 43 5,/ I<-;26B C,-5 9-6 00 @/-,B R ;) ')? 2-8/&& S%-.%-2 ')? ,2/+.-, /*' 8)UU?*#8/.#)*3 .) .%- G/.-*. 6++#8- /+.-2 .%- /99/.#)* %/, W--* +#&-,T * + =4315 8/2/2A/8 =8-?5;3T -3@5,;3T ?48 00 ;3 5,-5 6/36/B R ;#, ')? /33#3. #* .%- 8)UU?*#8/.#)*3 S#.% .%- G76T * +3 9,-5 6/36/Y R V* .%- 3-*3- )+ 00 * U-6;I-<<@ -<< 2@ I42273;I-5;436 9/8/ 9;5, 2@ I4< 3/./8 9;5, =;8/I5<@ 5,/ Z-5/35 K??;I/B R ;) ')? 2-8/&& S%-.%-2 ')? /8.?/&&' 8)*.2#W?.-, .) /*' )+ .%)3- 8)UU?*#8/.#)*3T PQ E A L K P M F B ' ED "" EA EL EK ") EM EF "M EQ AD AE AA AL AK AP 2-/3)* .) W-&#-<- .%/. ')? ,#, *). 2-/, .%- 8)*.-*.3 )+ 5[%#W#. FT * + ,-./ 34 8/-643 54 A/<;/./ 5,-5B R H))Z#*$ /. .%- .%#2, 9/2/$2/9%C ')? #*,#8/.- .%/. ')? /2- / */U-, #*<-*.)2 )* `=J= G?W%-, 00 G?W%-, 199/.#)* ADEKfDDQFLDM= 1*, ')? 2-+-22-, .) .%/. /3 .%- hk2#97#$%. 9?W/.#)*hg #3 .%/. 2#$%.T * + 8/?/88/= 54 5,-5Y R i?3. *)S= * J/-,B R J) #3 #. +/#2 .) 3/' .%/. /3 )+ 192#& )+ ADEPC S%-* ')? 3#$*-, .%#3 ;-8&/2/.#)*C ')? S-2- /S/2- )+ .%- k2#97#$%. 9?W/.#)*T * + 5,;3G 64B R O-2- ')? /&3) /S/2- )+ .%- k2#97#$%. 92),?8. /3 )+ 192#& ADEPC S%-* ')? 3?WU#..-, .%#3 ;-8&/2/.#)*T * + A/<;/./ 64> @/-,B R V* 5[%#W#. L 00 -[8?3- U-= G/2/$2/9% L )+ 5[%#W#. FC ')? 3./.-C 1 9)2.#)* )+ U' 8)*.2#W?.#)* .) .%- 3?WX-8. U/..-2 00 /*, .%-* U)<#*$ ,)S* / +-S 3-*.-*8-3 00 #3 2-+-22-, .) /3 .%- /,X?3./W&- U)?*.#*$ 8 ,-9#8.-, /. a#$?2- Q )+ .%- 9?W/.#)*= (/* ')? .?2* .) a#$?2- QT H))Z#*$ /. a#$?2- QC 8/* ')? .-&& U- S%/. ')?2 #*<-*.#<- PB " # L K P M F B Q ED EE EA "L "$ EP EM "& EB EQ #( #" AA AL #$ AP * + 5,;3G 5,/8/16 642/ N02-;< I43./86-5;436> + 5,;3G> 9;5, 5,/ <-9@/8 5,-5 + -6672/ 9/8/ D-85 4? I43./86-5;436 9;5, 5,/ Z-5/35 K??;I/B @b= @6b5"6`J] ;/<#,C ')? %/<- $). .) Z--9 ')?2 <)#8- ?9 / &#..&- W#.= 6Z/'= d5[%#W#. F S/3 U/2Z-, +)2 #,-*.#+#8/.#)* /*, #3 /../8%-, .) .%- .2/*382#9.=e R d_> @J= 76H_5b7e V4U U/2Z#*$ /3 5[%#W#. FC .%- ;-8&/2/.#)* )+ ;/<#, 5= >/) 3?WU#..-, .) .%- `=J= G/.-*. /*, 72/,-U/2Z 6++#8-= @b= @6b5"6`J] 7%/*Z ')?= R d_> @J= 76H_5b7e ;) ')? 2-8)$*#j- 5[%#W#. FT * F465 4? ;5 <44G6 <;G/ 5,/ D-5/35 ?48 d8;DC;T,5B R 1*, .%- 9/.-*. ')?42- 2-+-22#*$ .)C #3 .%/. G?W/.#)* I)= ADEKfDDQFLDMT * J/-,B R b-+-22#*$ .) .%- +#23. .S) 9/$-3 )+ 5[%#W#. FC ,) ')? 2-8)$*#j- .%- ;-8&/2/.#)* W-/2#*$ ')?2 */U-T * + =4315 8/2/2A/8 6//;3T 5,;6 00 5,46/ ;3 D-85;I7<-8B + 8/I4T3;c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ase 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 8 of 11 ME E A L $ P M & M Q ED "" "# "L "$ ") "% EF EB "' #( #" ## #L #$ #) R 13 3%)S* #* a#$?2- Q )+ .%- k2#97#$%. 9?W/.#)*T * +516 ,-8= 54 00 ;516 ,-8= 54 6// ;3 Q;T78/ 'B +12 00 +12 <44G;3T -5> 6-@> Q;T78/ "* -3= "UB R a#$?2- E1 /*, E_ /2- X?3. ,#++-2-*. /*$&-3 )+ S%/.43 3%)S* #* a#$?2- Qg #3 .%/. 2#$%.T * J/-,> 5,/@ 6,49 5,/ -66/2A G;3= 4? - I78-5;3T -6D/I5B P4 642/ 4? 5,/ =/5-;<6 5,-5 @47 I-3 6// ;3 5,/6/ ?;T78/6 -8/ G;3= 4? -85;?-I56 4? 3//=6 ;3 5,/ 2-37?-I578;3T D84I/66B *3= 5,/@ I47<= ,-./ -DD/-8/= ;3 =;??/8/35 ?4826> -3= 64 ,/ 2-=/ 5,/ I-<< 43 ,49 9/ 6,47<= 2-G/ 5,46/ <44GB R (/* ')? 9)#*. .) / 39-8#+#8 +#$?2- #* .%- 9/.-*.T * J/-,B Q;T78/ "U> -5 5,/ 54D 678?-I/ 4? 5,/ D84=7I5 @47 I-3 6// 5,/8/16 594 I;8I -6 9/<< -6 G;3= 4? - 6<4506,-D/= ;3=/35-5;43B +? + 8/2/2A/8 I488/I5<@> 5,46/ 9/8/ 2-37?-I578;3T 2-8G6B +3 48=/8 54 ,/ 5,/8/ -8/ T4;3T 54 A/ 642/ 6485 4? 2-8G 5,/8/> 64 N8;I ,/ @/6B R O%/.43 /*).%-2 9)33#W&- S/'T * \/-<<@> 5,-5 00 + =4315 G349B C,-516 5,/ A/65 00 5,-516 5,/ A/65 9-@B R 1*, 3) /3 9/2. )+ %#3 8)*.2#W?.#)*3 00 2-+-22#*$ .) @2= _/&U-2 00 #. S)?&, W- .%- &))Z /*, +--& /&3) +)2 .%- ?3-2T * J/-,B R ;) ')? 2-8/&& S%/. @2= "/&-43 8)*.2#W?.#)* S/3 S#.% 2-39-8. .) .%- 8&/U9#*$ 9)2.#)* )2 .%- X/S3C V .%#*Z ')? 2-+-22-, .) .%-UC S/3T * + 5,;3G 9/ =;6I766/= 00 ;5 I47<= ,-./ A//3 -<< 5,8// 76B U75 + 5,;3G 9/ =;6I766/=> <;G/> 5,/ ?;3/8 =/5-;<6 4? ,49 =//D 00 G;3= 4? 6;2;<-8 54 5,/ *;8?8-2/B C,/ 00 5,/ <;D =/D5, -3= ,49 5,/ 594 =;??/8/35 2-5/8;-<6 5,/8/ 6,47<= 00 6,47<= 2//5 -3= 5,;3T6 <;G/ 5,-5B P4 5,46/ -8/ 43 5,/ _-96B R ;#, @2= "/&- )2 @2= _/&U-2 %/<- /*' 8)*.2#W?.#)* .) .%- 392#*$3T * S4B MA " # L K P M & M ' ED EE "# "L "$ ") "% EF "M EQ #( AE ## AL AK #) I462/5;I-<<@ D-85 4? 5,/ =/6;T3 ;365/-= 4? - =/58-I5;3T / ?<;DD;3T 5,/ _-96> @/-,B R d_> @J= 76H_5b7e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a#$?2- QT * J/-,B R ;#, @2= "/&- )2 @2= _/&U-2 %/<- /*' 8)*.2#W?.#)* .) .%- 9#*C AET * + =4315 5,;3G 64> 34B @J= 76H_5b7] V4U /. / $)), 3.)99#*$ 9&/8- #+ S- S/*. .) ./Z- / W2-/Z= * J/-,> 5,-5 947<= A/ T8/-5B d1 W2-/Z S/3 ./Z-* +2)U EE]AQ /=U= .) EE]KF /=U=e d@2= "/&& .))Z )<-2 +)2 @2= @)2-%)?3=e R d_> @J= 76H_5b7e b-+-22#*$ ')? .) 5[%#W#. PC S%#8% V $/<- ')? -/2&#-2C ,#, ')? 2-<#-S .%- 8)*.-*.3 )+ .%- /99/.#)* .%/. S/3 3?WU#..-, +)2 .%- 4FDF G/.-*.T * + =4315 8/I-</) "- #-" $% -&' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 9 of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j)*./& /*, <-2.#8/& &#*-3 /2- +?*8.#)*/& W-8/?3- .%-' 3-9/2/.- 9#-8-3T * S4B C,/@ =4315 -I57-<<@ -DD/-8 43 5,/ D84=7I5B C,46/ -8/ -85;?-I56> 64 54 6D/-G> 4? 5,/ 64?59-8/B R J) ,#, ')? 8)*3#,-2 .%- %)2#j)*./& /*, <-2.#8/& &#*-3 .) W- #U9)2./*. #* .%- ,-3#$* )+ .%- 1#2+2/U-T @b= "1HH] 6WX-8.#)* .) +)2U= * S4B R d_> @J= 76H_5b7e O%/. #3 .%- 9?29)3- )+ .%- 8)*8-*.2#8 8#28&-3C /3 3%)S* #*C +)2 -[/U9&-C a#$?2- KT @b= "1HH] 6WX-8.#)* .) +)2U= * C,46/ -8/ -/65,/5;IB C,-5 /35;8/ ?-I/ I47<= ,-./ A//3 ?<-5 45,/89;6/B R d_> @J= 76H_5b7e ;#, ')? 8)*.2#W?.- .) .%- /-3.%-.#83 )+ .%- 8)*8-*.2#8 8#28&-3T * + 00 + =8/9 5,/2 -3= D;IG/= =;2/36;436> A75 MM E A L $ ) M F B Q "( "" EA EL EK EP "% EF "M EQ AD AE AA #L AK #) R ;) ')? 8)*3#,-2 .%- 8?2<-, W/8Z 92)+#&- .) W- / 3#$*#+#8/*. ,-3#$* /39-8. )+ .%- 4FDF G/.-*.T @b= "1HH] 6WX-8.#)* .) +)2U= k) /%-/,= * + 67DD46/ 64B +516 345 I8;5;I-< 54 5,/ D84=7I5> A75BBB R d_> @J= 76H_5b7e _?. .) .%- ,-3#$*C /3 ,#38&)3-, #* .%- 4FDF G/.-*.C ')? .%#*Z #.43 3#$*#+#8/*.T @b= "1HH] J/U- )WX-8.#)*= * + 5,;3G ;516 ;2D485-35B U75 5,/ <-8T/8 T/65-<5 6,-D/ 4? 00 5,-5 ;6 5,/ 2-;3 5,;3TB R d_> @J= 76H_5b7e H))Z#*$ /. .%- %)2#j)*./& /*, <-2.#8/& &#*-3 +)2U-, /82)33 .%- W/8Z )+ .%- U)?*.C ,) ')? 8)*3#,-2 .%)3- &#*-3 .) W- 3#$*#+#8/*. .) .%- ,-3#$* )+ .%- 4FDF G/.-*.T * + 00 @b= "1HH] 6WX-8.#)* .) +)2U= * 00 I-3 @47 D4;35 54 5,/ 43/ ;3 D-85;I7<-8Y R d_> @J= 76H_5b7e H))Z#*$ /. a#$?2- B #* 9/2.#8?&/2C ,) ')? 3-- %)S .%-2- /2- %)2#j)*./& /*, <-2.#8/& &#*-3 +)2U-, .) U/Z- 2-8./*$?&/2 9/..-2*3 )* .%- W/8ZT * ]20,72B R ;#, ')? 8)*.2#W?.- .) .%/. ,-3#$*T * C,46/ 9/8/315 00 5,46/ -8/315 -3 /WD<;I;5 00 MB " # L $ P M F M Q "( "" EA EL EK EP "% "& EB EQ #( AE ## AL AK AP 5,/ D84D485;436 -3= 5,/ ;=/- 4? ,-.;3T 5,/29-6 642/43/ /<6/16B R ;) ')? 2-8/&&S%)T * + 5,;3G 5,-5 9-6 V4,3B R 7%- +#$?2-3 #* .%- 4FDF G/.-*. 3%)S / 3#*$&- -[9/*,/W&- /2U= >)? 8/* 3-- .%/. /3 .%- -[/U9&- )* a#$?2- M= ;) ')?3-- .%/.T * [/<< 00 @b= "1HH] 6WX-8.#)* .) +)2U= * 00 5,/ /WD-3=-A + 5,;3G> ;6 A/55/8 6,493 ;3Q;T78/ "$B R d_> @J= 76H_5b7e b-+-22#*$ .) a#$?2- EK #* 9/2.#8?&/2C ,) ')? 3-- %)S .%-2- #3 /* /3'UU-.2#8/& /99-/2/*8-T @b= "1HH] 6WX-8.#)* .) +)2U= * + I-3 6// 5,/ 43/ 6;=/ 00 5,/ -82/WD-3=6> 64 ;5 @J= 76H_5b7e J) .%/. S)?&, 2-3?&. #* /* /3'UU-.2#8/& /99-/2/*8-T * ]20,72B @b= "1HH] 6WX-8.#)* .) +)2U= * J/6B R d_> @J= 76H_5b7e ;) ')? .%#*Z .%- &))Z )+ .%- /3'UU-.2' 8)*.2#W?.-, .) .%- ,-3#$*C /3 3%)S* #* .%- 4FDF G/.-*.T "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) ". #-) $% -*' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 10 of 11 EEF " A L $ P % & M ' ED EE "# EL EK ") EM EF "M "' #( AE AA AL AK #) D84=7I5;43 6-2D A-6/= 43 5,;6B R ")S ,) ')? Z*)S W/3-, )* S%/.43 #* 5[%#W#. EMT * C,;6 ;6 5,/ G;3= 4? 5,;3T 5,-5 9/ 947<= 5/65 D84A-A<@ -?5/8 ;3_/I5;43 544<;3T ,-= A//3 2-=/B *3= 64 5,/6/ 5/656 947<= ,-./ A//3 ?48 D-856 -3= 00 5,-5 I-2/ 4?? 4? 5,46/ 544<6B R ;) ')? 2-8/&& #+ .%- ;/'@-* Ja ,-3#$* .-/U S)?&, %/<- #*8&?,-, 52#8 "/&-T * + 5,;3G ;5 947<= ,-./B R O)?&, .%- ;/'@-* Ja ,-3#$* .-/U /&3) #*8&?,-, 00 %/<- #*8&?,-, I)/% _/&U-2T * + 5,;3G 64B R ;) ')? 2-8/&& S%-.%-2 ')? S)?&, %/<- U/,- /*' ,-3#$* 8%/*$-3 /+.-2 @/' )+ ADEAC +2)U .%- #U/$-3 3%)S*T * +12 345 678/B + G349 5,/8/ 9-6 642/ 2-37?-I578;3T I,-3T/6B +12 345 678/ ;? 5,-5 -I57-<<@ I,-3T/= 5,/ =/6;T3 5,47T,B R ;) ')? 2-8/&& #+ .%- U/*?+/8.?2#*$ 8%/*$-3 S)?&, %/<- )88?22-, /+.-2 .%- 9)#*. #* .#U- S%-* ')? %/, +#&-, .%- /99/.#)* +)2 .%- k2#97#$%. 9?W/.#)* .%/. S- ./&Z-, /W)?. -/2&#-2T * + =4315 00 +12 345 678/B EEQ E A L K P M F B Q ED EE EA EL EK EP EM EF EB EQ AD AE AA AL AK AP VC ;1\V; 5= >16C ,) %-2-W' ,-8&/2- ?*,-2 9-*/&.' )+ 9-2X?2' .%/. V %/<- 2-/, .%- +)2-$)#*$ .2/*382#9.g .%/. V %/<- U/,- /*' 8)22-8.#)*3 /3 /99-/2 *).-,C #* #*ZC #*#.#/&-, W' U-C )2 /../8%-, %-2-.)g .%/. U' .-3.#U)*' /3 8)*./#*-, %-2-#*C /3 8)22-8.-,C #3 .2?- /*, 8)22-8.= 5^5(`75; .%#3lllllll ,/' )+lllllllllllllllllC ADllllC /.lllllllllllllllllllC lllllllllllllllllll= d(#.'e dJ./.-e lllllllllllllllllllllllllllllllllll ;1\V; 5= >16 EEB E A L K P M F B Q ED EE EA EL EK EP EM EF EB EQ AD AE AA AL AK AP @J= 76H_5b7] V ,)*4. %/<- /*' /,,#.#)*/& Y?-3.#)*3= @b= @6b5"6`J] 6Z/'= @J= 76H_5b7] ;) ')? %/<- /*' Y?-3.#)*3T @b= @6b5"6`J] I) Y?-3.#)*3= 7"5 (6`b7 b5G6b75b] J/U- )2,-23T @J= 76H_5b7] >-3C 9&-/3-= @b= @6b5"6`J] >-3C 9&-/3-= d7V@5 I675;] A]KK 9=U=e EAD E A L K P M F B Q ED EE EA EL EK EP EM EF EB EQ AD AE AA AL AK AP VC @1b> i= k6aaC (Jb I)= ELKAFC (-2.#+#-, J%)2.%/*, b-9)2.-2 )+ .%- J./.- )+ (/&#+)2*#/C 8-2.#+'g 7%/. .%- +)2-$)#*$ 92)8--,#*$3 S-2- ./Z-* W-+)2- U- /. .%- .#U- /*, 9&/8- %-2-#* 3-. +)2.%C /. S%#8% .#U- .%- S#.*-33 ,-8&/2-, ?*,-2 9-*/&.' )+ 9-2X?2'g .%/. .%- .-3.#U)*' )+ .%- S#.*-33 /*, /&& )WX-8.#)*3 U/,- /. .%- .#U- )+ .%- -[/U#*/.#)* S-2- 2-8)2,-, 3.-*)$2/9%#8/&&' W' U- /*, S-2- .%-2-/+.-2 .2/*382#W-, ?*,-2 U' ,#2-8.#)* /*, 3?9-2<#3#)*g .%/. .%- +)2-$)#*$ #3 / +?&&C .2?-C /*, 8)22-8. .2/*382#9. )+ U' 3%)2.%/*, *).-3 3) ./Z-* /*, )+ .%- .-3.#U)*' 3) $#<-*g 7%/. W-+)2- 8)U9&-.#)* )+ .%- ,-9)3#.#)*C 2-<#-S )+ .%- .2/*382#9. d^ ê S/3 d e S/3 *). 2-Y?-3.-,] d e .%/. .%- S#.*-33 %/3 +/#&-, )2 2-+?3-, .) /992)<- .%- .2/*382#9.= V +?2.%-2 8-2.#+' .%/. V /U *). +#*/*8#/&&' #*.-2-3.-, #* .%- /8.#)*C /*, V /U *). / 2-&/.#<- )2 -U9&)'-- )+ /*' /..)2*-' )+ .%- 9/2.#-3C *)2 )+ /*' )+ .%- 9/2.#-3= V ,-8&/2- ?*,-2 9-*/&.' )+ 9-2X?2' ?*,-2 .%- &/S3 )+ (/&#+)2*#/ .%/. .%- +)2-$)#*$ #3 .2?- /*, 8)22-8.C ,/.-, .%#3 P.% ,/' )+ 192#&C ADEF= @1b> i= k6aa "#$%&' ()*+#,-*.#/& 0 1..)2*-'34 5'-3 6*&' 72/*382#9. )+ ;/<#, 5= >/) +/ #"". $% "(/' ()*,?8.-, )* @/28% ABC ADEF GH1I57 ;5G6J BBB=KLL=LFMF N OOO=GH1I57;5G6J=(6@ Case 3:15-cv-01429-JD Document 73-11 Filed 05/18/17 Page 11 of 11 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15-CV-01429-JD [PROPOSED] ORDER GRANTING KENU’S MOTION FOR SUMMARY JUDGMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO COURTHOUSE KENU, INC., Plaintiff, v. BELKIN INTERNATIONAL, INC. et al., Defendants. Case No. 15-cv-01429-JD [PROPOSED] ORDER GRANTING KENU, INC.’S MOTION FOR SUMMARY JUDGMENT THAT THE’714 PATENT AND THE ’D707 PATENT ARE NOT INVALID Honorable James Donato This matter has come before the Court on Kenu, Inc.’s (“Kenu”) Motion for Summary Judgment that the ’714 Patent and the ’D707 Patent are Not Invalid (“Motion”), pursuant to Federal Rule of Civil Procedure 56 and Civil Local Rule 56. Kenu’s Motion seeks summary judgment that U.S. Patent No. 9,080,714 (the “’714 Patent”) and U.S. Design Patent No. D690,707 (the “’D707 Patent”) are not invalid, and that references identified by Defendant Belkin International, Inc. (“Belkin”) as U.S. Patent No. 9,103,487 (“Hale”) and the GripTight product by Joby (“GripTight”) do not qualify as prior art under 35 U.S.C. sections 102 and 103. Kenu requests that the Court grant partial summary judgment in favor of Kenu and against Belkin on Belkin’s First Affirmative Defense for invalidity of the ’714 and ’D707 Patents, and Case 3:15-cv-01429-JD Document 73-12 Filed 05/18/17 Page 1 of 2 TROUTMAN SANDERS LLP 580 CALIFORNIA STREET, 11TH FLOOR SAN FRANCISCO, CA 94104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 15-CV-01429-JD [PROPOSED] ORDER GRANTING KENU, INC’S MOTION FOR SUMMARY JUDGMENT find that: (1) Hale and GripTight are not prior art to the ’714 Patent, and (2) the ’714 and ’D707 Patents are not invalid based on Belkin’s failure to produce clear and convincing evidence of invalidity. See Case No. 14-cv-04327-JD, Dkt. 69, Defendant Belkin’s Answer to Consolidated Second Amended Complaint and Affirmative Defenses. After considering all briefs, evidence, objections to evidence, and arguments of counsel, it appears and the Court finds that Kenu has shown by admissible evidence and reasonable inferences therefrom not contradicted by other evidence or inferences that there is no genuine dispute as to any material fact and Kenu is entitled to judgment as a matter of law on Belkin’s First Affirmative Defense of invalidity of the ’714 Patent and the ’D707 Patent, and therefore, IT IS HEREBY ORDERED that Kenu’s Motion is GRANTED. The Court finds that: (1) Belkin has not shown Hale and GripTight are prior art to the ’714 Patent under 35 U.S.C. § 102(a), (b) or (e) (pre-AIA); (2) Belkin’s expert testified that the ’D707 Patent is valid and Belkin presented no other evidence to support a genuine issue of material fact regarding invalidity of the ’D707 Patent; and, (3) the ’714 Patent and the ’D707 are each not invalid based on Belkin’s failure to prove invalidity by clear and convincing evidence. Accordingly, partial summary judgment is granted in favor of Kenu and against Belkin on Belkin’s First Affirmative Defense for invalidity of the ’714 and ’D707 Patents IT IS SO ORDERED. Dated: United States District Judge Hon. James Donato 31408919 Case 3:15-cv-01429-JD Document 73-12 Filed 05/18/17 Page 2 of 2