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. IPRZOI 3-00533
`
`Dated: May 21, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. F ITZPATRICK, and
`MITCHELL G. WEATI-IERLY Administrative Patent Judges.
`
`AFFIDAVIT OF TRUDI I-IAAF
`
`DMC Exhibit 2102_001
`
`Target v. DMC
`
`IPR2013-00530, 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. IPRZOI 3-00533
`
`Dated: May 21, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. F ITZPATRICK, and
`MITCHELL G. WEATI-IERLY Administrative Patent Judges.
`
`AFFIDAVIT OF TRUDI I-IAAF
`
`DMC Exhibit 2102_001
`
`Target v. DMC
`
`IPR2013-00530, 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.mediaroomcomf
`
`index.php'?s=43&item=55.
`
`I 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 ofMerriam—Webster’s Collegiate
`
`Dictionary, 1 1th 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,
`
`1 1th Ed, 2007, page 679. No alterations have been made to
`
`the document.
`
`Exhibit 2025 is a true and correct copy ofMerriam—Webster’s Collegiate
`
`Dictionary,
`
`1 1th Ed, 2007, page 417. No alterations have been made to
`
`the document.
`
`DMC Exhibit 2102_002
`
`Target v. DMC
`
`IPR2013-00530, 531, 532, 533
`
`
`
`Exhibit 2030 is a true and correct copy of US. Patent No. 6,669,064.
`
`I
`
`viewed and obtained the patent from the US. 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 US. Patent No. 5,034,999.
`
`I
`
`viewed and obtained the patent fi‘om the US. Patent and Trademark
`
`Office website available at http://wwxvusptdgov. 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 US. Patent and Trademark
`
`Office website available at http://www.uspto.gov. No alterations have
`
`been made to the patent.
`
`. 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 US. Patent No. 4,590,624.
`
`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.
`
`DMC Exhibit 2102_003
`
`Target v. DMC
`
`IPR2013-00530, 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 IPR2014-00508, 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 2102_004
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`
`
`(so—pending district court case Destinatiou Maternity Corporation v.
`
`Target Corporation, Cherokee Inc. and Elizabeth Lange, LLC in the
`
`Eastern District of Pennsylvania: DMC0002838, DMC0003635,
`
`DMC0031917, DMC0037084, DMC0066466, DMC0119452
`
`and
`
`DMCOO31997. No alterations have been made to the documents.
`
`. Exhibit
`
`2050
`
`is
`
`a
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`http:f/www.motherhood.cont/matemity/secret-fit-bei1y.asp.
`
`I Viewed and
`
`printed the webpage from Internet Explorer on May 19, 2014. No
`
`alterations have been made to the document.
`
`. Exhibit
`
`2051
`
`is
`
`a
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`http://www.motherhood.corn/Shop_Motherhood
`
`Maternity/SecretFitBelly-Testimonialsasp.
`
`I Viewed and printed the
`
`webpage from Internet Explorer on May 19, 2014. No alterations have
`
`been made to the document.
`
`. Exhibit
`
`2052
`
`is
`
`a
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`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 http://wwalvanoncom/
`
`assets/files/AlvaForm_Cata1og_(v3.0)w12X27_[SO
`
`DMC Exhibit 2102_005
`
`Target v. DMC
`
`IPR2013-00530, 531, 532, 533
`
`
`
`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 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 2009fi2013 Kohl’sxls Microsoft Excel file
`
`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,MI-I,Out.xls Microsoft Excel file 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 I
`
`obtained from Destination Maternity Corporation. No alterations have
`
`been made to the document.
`
`DMC Exhibit 2102_006
`
`Target v. DMC
`
`IPR2013-00530, 531, 532, 533
`
`
`
`25.
`
`Exhibits 2064 (under seal) and 2065 (redacted) are true and correct
`
`copies of Figures 2 and 3 in 183 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 filed with the Board as Exhibit 2029 on May S, 2014. No
`
`alterations have been made to the document.
`
`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.
`
`. 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
`
`Commercial Success filed with the Board as Exhibit 2029 on May 5,
`
`2014. No alterations have been made to the document.
`
`DMC Exhibit 2102_007
`
`Target v. DMC
`
`IPR2013-00530, 531, 532, 533
`
`
`
`30.
`
`Exhibits 2072 (under seal) and 2073 (redacted) are true and correct
`
`copies of Exhibit 13-] 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 1i22 the Declaration of Philip Green Regarding Commercial
`
`Success filed with the Board as Exhibit 2029 on May 5, 2014 and the
`
`Secret F it 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.
`
`Exhibit 2081 is a true and correct copy of the Complaint of Destination
`
`Maternity Corporation V. Target Ceiporation, Cherokee Inc.
`
`and
`
`Elizabeth Lan-ge LLC filed in the co—pending district court case in the
`
`Eastern District of Pennsylvania. No alterations have been made to the
`
`document.
`
`33.
`
`Exhibit
`
`2083
`
`is
`
`a
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`http://WWW.destinationrnaternity.com/maternity/secret—fit—beliyasp.
`
`I
`
`Viewed and printed the webpage from Internet Explorer on May 19,
`
`2014. No alterations have been made to the document.
`
`DMC Exhibit 2102_008
`
`Target v. DMC
`
`|PR2013-00530, 531, 532, 533
`
`
`
`34. Exhibit 2084 is a true and correct copy of the Manual of Patent
`
`Examining Procedure Section 21 1 1.0], fl].
`
`I viewed and printed Section
`
`21 1 1.01, 111 from the U.S. Patent and Trademark Office website available
`
`at http:l/www.uspto.gov.
`
`No alterations have been made to the
`
`document.
`
`35. The AlvaForm Pregnancy Fit Mannequins (3 month and 9 month) which
`
`have been made available to Petitioner Target Corporation for inspection
`
`and copy in DLA Piper’s Philadelphia office were obtained from David
`
`Brookstein, Sc.D. No alterations have been made to the mannequins.
`
`36. The samples of DMC products, Style Nos. 93480-01, 96316-42, 91401-
`
`01, and 94278-10 referenced in the Brookstein Declaration (BX. 201?)
`
`and Supplemental Brookstein Declaration (Ex. 2074) were obtained from
`
`Destination Maternity Corporation. No alterations have been made to the
`
`products.
`
`I declare that the foregoing is true and correct to the best of my knowledge.
`
`Executed on May 21, 2014 at Philadelphia, Pennsylvania.
`
`.--"/
`
`-
`
`.
`
`I
`-' {KT
`
`Trudi Haaf
`
`”ti/l
`/{%_/
`
`[1 I
`
`DMC Exhibit 2102_009
`
`Target v. DMC
`lPR2013-00530, 531, 532, 533
`
`
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