UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TARGET CORPORATION
`
`Petitioner
`
`V .
`
`DESTINATION MATERNITY CORPORATION
`
`Patent Owner
`
`Case No. IPR2013—00530
`
`Case No. IPR2013-00531
`
`Case No. IPR2013-00532
`
`Case No. IPR2013—00533
`
`Dated: June 4, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`AFFIDAVIT OF TRUDI HAAF
`
`
`
`DMC Exhibit 2096_OO1
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TARGET CORPORATION
`
`Petitioner
`
`V .
`
`DESTINATION MATERNITY CORPORATION
`
`Patent Owner
`
`Case No. IPR2013—00530
`
`Case No. IPR2013-00531
`
`Case No. IPR2013-00532
`
`Case No. IPR2013—00533
`
`Dated: June 4, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`AFFIDAVIT OF TRUDI HAAF
`
`
`
`DMC Exhibit 2096_OO1
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`DECLARATION OF TRUDI HAAF
`
`I am a paralegal with the law firm of DLA Piper LLP (US).
`
`I have
`
`worked at DLA Piper LLP (US) since 2014.
`
`Unless otherwise stated, the facts stated in this Declaration are based on
`
`my personal knowledge.
`
`Exhibit 2021 is a true and correct copy of 7-17-2007 Press Release
`
`available
`
`at
`
`http://destinationmaternitycorp.mediaroom.com/
`
`index.php?s=43&item=55.
`
`1 Viewed and printed the webpage from
`
`Internet Explorer on April 30, 2014. No alterations have been made to
`
`the document.
`
`Exhibit 2023 is a true and correct copy of Merriam—Webster’s Collegiate
`
`Dictionary, 11th Ed., 2007, page 1245. No alterations have been made to
`
`the document.
`
`Exhibit 2024 is a true and correct copy of Merriam-Webster’s Collegiate
`
`Dictionary, 11th Ed, 2007, page 679. No alterations have been made to ‘
`
`the document.
`
`Exhibit 2025 is a true and correct copy of Merriam-Webster’s Collegiate
`
`Dictionary, 11th Ed., 2007, page 417. No alterations have been made to
`
`the document.
`
`DMC Exhibit 2096_002
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`Exhibit 2030 is a true and correct copy of U.S. Patent No. 6,669,064.
`
`I
`
`viewed and obtained the patent from the U.S. Patent and Trademark
`
`Office website available at http://www.uspto.gov. No alterations have
`
`been made to the patent.
`
`Exhibit 2031 is a true and correct copy of U.S. Patent No. 5,034,999.
`
`I
`
`Viewed and obtained the patent from the U.S. Patent and Trademark
`
`Office website available at http://www.uspto.gov. No alterations have
`
`been made to the patent.
`
`Exhibit 2032 is a true and correct copy of U.S. Patent No. 7,089,597.
`
`I
`
`viewed and obtained the patent from the U.S. Patent and Trademark
`
`Office website available at http://www.uspto.gov. No alterations have
`
`been made to the patent.
`
`10.
`
`Exhibit 2033 is a true and correct copy of U.S. Patent No. 8,016,640.
`
`I
`
`viewed and downloaded the patent from the U.S. Patent and Trademark
`
`Office website available at http://www.uspto.gov. No alterations have
`
`been made to the patent.
`
`. Exhibit 2034 is a true and correct copy of U.S. Patent No. 4,590,624.
`
`I
`
`viewed and downloaded the patent from the U.S. Patent and Trademark
`
`Office website available at http://www.uspto.gov. No alterations have
`
`been made to the patent.
`
`DMC Exhibit 2096_OO3
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`
`
`12.
`
`Exhibit 2035 is a true and correct copy of US. Patent Application No.
`
`2004/0210987.
`
`I viewed and downloaded the patent from the US. Patent
`
`and Trademark Office website available at http://www.uspto.gov. No
`
`alterations have been made to the patent application.
`
`13.
`
`Exhibit 2036 is a true and correct copy of Japanese Utility Model Patent
`
`No. 3,086,624 which I obtained from lPR2014—00508, Petitioner’s
`
`Exhibit 1034, publicly filed with the Board. No alterations have been
`
`made to the document.
`
`14.
`
`Exhibit 2037 is a true and correct copy of the English Translation of
`
`Japanese Utility Model Patent No. 3,086,624 which I obtained from
`
`IPR2014-00508, Petitioner’s Exhibit 1035, publicly filed with the Board.
`
`No alterations have been made to the document.
`
`15.
`
`Exhibits 2038, 2039, 2040, 2041 and 2042 are true and correct copies of
`
`the
`
`following
`
`documents,
`
`respectively: Destination Maternity
`
`Corporation (DMC) 2006 10K, DMC 2008 10K, DMC 2009 10K, DMC
`
`2012 10K and DMC 2013 10K. The documents were obtained through
`
`Intelligize. No alterations have been made to the documents.
`
`16.
`
`Exhibits 2043, 2044, 2045, 2046, 2047, 2048 and 2049 are true and
`
`correct copies of the following Production Documents, respectively,
`
`served on opposing counsel by Destination Maternity Corporation in the
`
`DMC Exhibit 2096_OO4
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`co-pending district court case Destination Maternity Corporation v.
`
`Target Corporation, Cherokee Inc. and Elizabeth Lange, LLC in the
`
`Eastern District of Pennsylvania, Docket No. 2:12-cv-05680: Secret Fit
`
`Belly Marketing Update (DMC0002838), Sears Secret Fit Belly
`
`Advertisement (DMC0003635), Fall Trans Denim Memorandum dated
`
`July 16, 2007 (DMC0031917), Secret Fit Belly Jeans, Pants, Shorts, and
`
`Skirts webpage (DMC0037084), Oh Baby by Motherhood Pants Size
`
`Charts (DMC0066466), The Family Groove Get It webpage, available at
`
`http://WWW.thefamilygroove.com/aprO 8_BellyFiles.htm (DMCOl 1945 2)
`
`and Secret Fit Belly Customer Reviews & Testimonials webpage
`
`available
`
`at
`
`http://WWW.motherhood.com/Shop_MotherhoodMaternity/SecretFitBelly
`
`-Testimonials.asp (DMC0031997). No alterations have been made to the
`
`documents.
`
`. Exhibit 2050 is a true and correct copy of Motherhood Maternity “The
`
`Secret
`
`Is
`
`out! The Secret Fit Belly” webpage,
`
`available
`
`at
`
`http://WWW.motherhood.com/maternity/secret—fit—belly.asp.
`
`I viewed and
`
`printed the webpage from Internet Explorer on May 19, 2014. No
`
`alterations have been made to the document.
`
`
`
`DMC Exhibit 2096_OO5
`
`Target v. DMC
`
`IPR2013-OO530, 531, 532, 533
`
`
`
`18. Exhibit 2051 is a true and correct copy of Motherhood Maternity “The
`
`Secret
`
`is Out! The Secret Fit Belly” webpage,
`
`available
`
`at
`
`http://wwwmotherhood.com/Shop_Motherhood
`
`Maternity/SecretFitBelly-Testimonials.asp.
`
`I Viewed and printed the
`
`webpage from Internet Explorer on May 19, 2014. No alterations have
`
`been made to the document.
`
`19. Exhibit 2052 is a true and correct copy of Destination Maternity
`
`webpage, available at http://Www.destinationmaternity.corn.
`
`I viewed
`
`and printed the webpage from Internet Explorer on May 19, 2014. No
`
`alterations have been made to the document.
`
`20. Exhibit 2053 is a true and correct copy of Alvanon “The Apparel Fit
`
`Expert”
`
`webpage,
`
`available
`
`at
`
`http://www.alvanon.corn/
`
`assets/tiles/AlvaForrn__Catalog_(v3 .0)_12X27_[SO
`
`FT]_24APR2013.pdf.
`
`I Viewed and printed the webpage from Internet
`
`Explorer on May 19, 2014. No alterations have been made to the
`
`document.
`
`21. Exhibits 2056 (under seal) and 2057 (redacted) are true and correct
`
`copies of Secret Fit Belly Historical Sales & GM.xls Microsoft Excel file
`
`that contains Destination Maternity Corporation’s Historical Sales and
`
`Margins data for Secret Fit products from fiscal years 2008 to 2013 and
`
`
`
`
`
`DMC Exhibit 2096_OO6
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`that I obtained from Destination Maternity Corporation. No alterations
`
`have been made to the document.
`
`22.
`
`Exhibits 2058 (under seal) and 2059 (redacted) are true and correct
`
`copies of Belly not Secret Fit 2009_2013 Kohl’s.xls Microsoft Excel file
`
`that contains Destination Maternity Corporation’s Historical Sales and
`
`Margins data for non-Secret Fit Bottoms from fiscal years 2009 to 2013
`
`and that
`
`I obtained from Destination Maternity Corporation.
`
`No
`
`alterations have been made to the document.
`
`23.
`
`Exhibits 2060 (under seal) and 2061 (redacted) are true and correct
`
`copies of Belly not Secret Fit HE,MH,Out.Xls Microsoft Excel file that
`
`contains Destination Maternity Corporation’s Historical Sales and
`
`Margins data for non—Secret Fit products from fiscal years 2008 to 2013
`
`and that
`
`I obtained from Destination Maternity Corporation. No
`
`alterations have been made to the document.
`
`24.
`
`Exhibits 2062 (under seal) and 2063 (redacted) are true and correct
`
`copies of Belly Secret Fit Kohl’s 10—18—13.xls Microsoft Excel file that
`
`contains Destination Maternity Corporation’s Historical Sales and
`
`Margins data for Secret Fit Bottoms at Kohls from fiscal years 2008 to
`
`2013 and that I obtained from Destination Maternity Corporation. No
`
`alterations have been made to the document.
`
`
`
`DMC Exhibit 2096_OO7
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`25.
`
`Exhibits 2064 (under seal) and 2065 (redacted) are true and correct
`
`copies of Figures 2 and 3 in 1133 of the Declaration of Philip Green
`
`Regarding Commercial Success filed with the Board as Exhibit 2029 on
`
`May 5, 2014. No alterations have been made to the document.
`
`26.
`
`Exhibit 2066 is a true and correct copy of Exhibit A “Documents
`
`Considered” of the Declaration of Philip Green Regarding Commercial
`
`Success which is a list of the documents and other information that Philip
`
`Green considered in forming his opinions in the Declaration of Philip
`
`Green filed with the Board as Exhibit 2029 on May 5, 2014. No
`
`alterations have been made to the d0cument.
`
`27.
`
`Exhibit 2067 is a true and correct copy of Exhibit B of the Declaration of
`
`Philip Green Regarding Commercial Success filed with the Board as
`
`Exhibit 2029 on May 5, 2014. No alterations have been made to the
`
`document.
`
`28.
`
`Exhibits 2068 (under seal) and 2069 (redacted) are true and correct
`
`copies of Exhibit C of the Declaration of Philip Green Regarding
`
`Commercial Success filed With the Board as Exhibit 2029 on May 5,
`
`2014. No alterations have been made to the document.
`
`29.
`
`Exhibits 2070 (under seal) and 2071 (redacted) are true and correct
`
`copies of Exhibit D of the Declaration of Philip Green Regarding
`
`
`
`DMC Exhibit 2096_OO8
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`
`
`Commercial Success filed with the Board as Exhibit 2029 on May 5,
`
`2014. No alterations have been made to the document.
`
`30.
`
`Exhibits 2072 (under seal) and 2073 (redacted) are true and correct
`
`copies of Exhibit D1 of the Declaration of Philip Green Regarding
`
`Commercial Success filed with the Board as Exhibit 2029 on May 5,
`
`2014. No alterations have been made to the document.
`
`31.
`
`Exhibit 2080 is a true and correct copy of the Secret Fit Belly Jeans
`
`Image in 1122 the Declaration of Philip Green Regarding Commercial
`
`Success filed with the Board as Exhibit 2029 on May 5, 2014 and the
`
`Secret Fit Belly Jeans Image on page 2 of the Patent Owner’s Response
`
`filed with the board on May 5, 2014. No alterations have been made to
`
`the images.
`
`32.
`
`Exhibit 2081 is a true and correct copy of the Complaint of Destination
`
`Maternity Corporation V. Target Corporation, Cherokee Inc.
`
`and
`
`Elizabeth Lange LLC alleging patent infringement of US. Patent No.
`
`RE43,531 and US. Patent No. RE43,563, including prior infringement of
`
`US. Patent No. 7,814,575 and US. Patent No. 7,900,276 filed in the co-
`
`pending district court case in the Eastern District of Pennsylvania,
`
`Docket No. 2:12—cv-05680. No alterations have been made to the
`
`document.
`
`
`
`DMC Exhibit 2096_009
`
`Target v. DMC
`
`IPR2013-OO530, 531, 532, 533
`
`
`
`33. Exhibit 2083 is a true and correct copy of Motherhood Maternity “The
`
`Secret
`
`Is Out! The Secret Fit Belly” webpage,
`
`available
`
`at
`
`http://Www.destinationmaternity.com/maternity/secret—fit-belly.asp.
`
`I
`
`viewed and printed the webpage from Internet Explorer on May 19,
`
`2014. No alterations have been made to the document.
`
`34. Exhibit 2084 is a true and correct copy of the Manual of Patent
`
`Examining Procedure Section 2111.01, 111.
`
`I viewed and printed Section
`
`2111.01, 111 from the US. Patent and Trademark Office website available
`
`at http://www.uspto.gov.
`
`No alterations have been made to the
`
`- document.
`
`35. Exhibit 2089 is the 3 month AlvaForm Pregnancy Fit Mannequinand
`
`Exhibit 2090 is the 9 month AlvaForm Pregnancy Fit Mannequin, both of
`
`Which have been made available to Petitioner Target Corporation for
`
`inspection and copy in DLA Piper’s Philadelphia office.
`
`I obtained
`
`Exhibits 2089 and 2090 from David Brookstein, Sc.D. No alterations
`
`have been made to the mannequins.
`
`36. Exhibit 2085 is a sample of the DMC product, Style No. 93480-01,
`
`Exhibit 2086 is a sample of the DMC product, Style No. 96316-42,
`
`Exhibit 2087 is a sample of the DMC product, Style No. 91401—01, and
`
`Exhibit 2088 is a sample of the DMC product, 94278—10 that were
`
`
`
`DMC Exhibit 2096_O10
`
`Target v. DMC
`
`IPR2013-OO530, 531, 532, 533
`
`
`
`referenced in the Brookstein Declaration (Ex. 2017) and Supplemental
`
`Brookstein Declaration (Ex. 2074). I obtained Exhibits 2085, 2086, 2087
`
`and 2088 from Destination Maternity Corporation. No alterations have
`
`been made to the products.
`
`37.
`
`Exhibit 2091 is the book Clothing Technology, English Edition 1, Verlag
`
`Europe—Noumey, Vollmer GmbH&Co, 1996 that is referenced in in the
`
`Brookstein Declaration (EX. 2017)
`
`and Supplemental Brookstein
`
`Declaration (Ex. 2074) and which has been made available to Petitioner
`
`Target Corporation for inspection and copy in DLA Piper’s Philadelphia
`
`office.
`
`I obtained Exhibit 2091 from David Brookstein, Sc. D. No
`
`alterations have been made to the book.
`
`38.
`
`Exhibit 2092 is the book Textiles, 5th Edition, Macmillan Publishing Co.,
`
`Inc. 1979 that is referenced in in the Brookstein Declaration (Ex. 2017)
`
`and Supplemental Brookstein Declaration (EX. 2074) and which has been
`
`made available to Petitioner Target Corporation for inspection and copy
`
`in DLA Piper’s Philadelphia office.
`
`1 obtained Exhibit 2092 from David
`
`Brookstein, Sc. D. No alterations have been made to the book.
`
`39.
`
`Exhibit 2093 is the book Handbook of Technical Textiles, Woodhead
`
`Publishing Ltd., 2000 that is referenced in in the Brookstein Declaration
`
`(Ex. 2017) and Supplemental Brookstein Declaration (EX. 2074) and
`
`
`
`DMC Exhibit 2096_011
`
`Target v. DMC
`
`IPR2013-OO530, 531, 532, 533
`
`
`
`which has been made available to Petitioner Target Corporation for
`
`inspection and copy in DLA Piper’s Philadelphia office.
`
`I obtained
`
`Exhibit 2093 from David Brookstein, Sc. D. No alterations have been
`
`made to the book.
`
`40. Exhibit 2094 is the book The Modern Textile Dictionary, Little Brown,
`
`1954 that is referenced in in the Brookstein Declaration (Ex. 2017) and
`
`Supplemental Brookstein Declaration (Ex. 2074) and which has been
`
`made available to Petitioner Target Corporation for inspection and copy
`
`in DLA Piper’s Philadelphia office.
`
`I obtained Exhibit 2094 from David
`
`Brookstein, Sc. D. No alterations have been made to the book.
`
`41. Exhibit 2095 is the book Merriam—Webster’s Collegiate Dictionary, 11th
`
`Ed., 2007 which has been made
`
`available to Petitioner Target
`
`Corporation for inspection and copy in DLA Piper’s Philadelphia office.
`
`I obtained Exhibit 2095 from DLA Piper’s Philadelphia office library.
`
`No alterations have been made to the book.
`
`I declare that the foregoing is true and correct to the best of my knowledge.
`
`Executed on June 4, 2014 at Philadelphia, Pennsylvania.
`
`
`
`
`
`DMC Exhibit 2096_012
`
`Target v. DMC
`
`IPR2013-OO530, 531, 532, 533
`
`
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