GREGORY STANGLE
` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`Page 1
`
`DESTINATION MATERNITY CORPORATION, )
` Plaintiff, )
` vs. ) Case No.
`TARGET CORPORATION, CHEROKEE, INC. ) 2:12-CV-05680-AB
`and ELIZABETH LANGE, LLC., )
` Defendants. )
`
` VIDEOTAPED DEPOSITION OF GREGORY STANGLE
` Chicago, Illinois
` October 4, 2013
`
`JOB 66288
`REPORTED BY: Tina Alfaro, RPR, CRR, RMR, CLR
`
`TSG Reporting - Worldwide 877-702-9580
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`Page 170
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`Page 171
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` GREGORY STANGLE
` Q. Earlier we talked about the declaration you
`signed when you submitted your patent application to
`the Patent Office; do you recall that?
` A. Yes.
` Q. And do you recall that one of the
`acknowledgements you made was to submit any
`pertinent prior art to the Patent Office?
` A. Yes.
` Q. So you understand when I use the term
`"prior art" what that means?
` A. Yes.
` Q. If you look at Exhibit 4, which is your
`patent application, when was your -- when was your
`patent application of Exhibit 4 published?
` A. March 18, 2004.
` Q. So looking back at Exhibit 26, which I
`believe you testified was filed on May 31, 2007, do
`you understand that your patent application is prior
`art to Exhibit 26?
` A. Yes.
` Q. Did you ever advise Mothers Work that your
`patent application was prior art to this patent
`application of Exhibit 26?
` A. No.
`
`1
` GREGORY STANGLE
`2
` Q. Did you ever advise any of Mothers Work
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`attorneys that your application was prior art to
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`this application of Exhibit 26?
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` A. No.
`6
` Q. Did anyone, any attorney for Mothers Work
`7
`ever ask you for a copy of your patent application
`8
`to be submitted in conjunction with the application
`9
`of Exhibit 26?
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` A. No.
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` Q. Did any nonattorney on behalf of Mothers
`12 Work ever make that same request to you?
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` A. No.
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` Q. So no one from or on behalf of Mothers Work
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`ever asked you for a copy of your patent application
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`to submit with Exhibit 26 to the Patent Office?
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` A. No.
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` Q. Mr. Stangle, in the current case under your
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`consulting agreement with Destination Maternity, do
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`you know approximately how much time you've billed
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`to Destination Maternity during your consulting
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`arrangement?
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` A. No. I haven't actually billed anything.
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` Q. How much time have you recorded?
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` A. How much time have I spent?
`
`Page 172
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`Page 173
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` GREGORY STANGLE
` Q. I apologize. How much time have you
`recorded working as a consultant in this matter on
`behalf of Destination Maternity?
` A. I don't know. I'd have to look at my time
`sheets.
` Q. Can you give me an approximation?
` A. 20 hours or so.
` Q. Approximately 20 hours?
` A. Approximately, yeah.
` Q. The 20 hours approximately that you've
`spent in this case at your hourly rate, would that
`be approximately $6,000?
` A. Yes.
` Q. Do you anticipate spending more time
`consulting for Destination Maternity in this case?
` A. I don't know. It depends if they ask me.
` MR. LECHLEITER: Pending any further questions
`in response to your questions, I'm through for now.
` MR. BURNS: Do we want to take a break before I
`have a couple questions? Do you need to take a
`break or do you want to go?
` THE WITNESS: I'm fine to keep going if you
`guys want to continue.
`
`1
` GREGORY STANGLE
`2
` EXAMINATION
`3
`BY MR. BURNS:
`4
` Q. Okay. I have a couple questions. This is
`5 Mike Burns representing Destination Maternity.
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` If we could go back to Exhibit 21.
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` A. Wait. 21 or 22? 22?
`8
` Q. This one.
`9
` A. Got it.
`10
` Q. I'm sorry. 22.
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` And the page at the bottom that ends 167.
`12
` A. Okay.
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` Q. Look back down at the three pictures side
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`to side in the bottom left-hand corner. Do you see
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`the breast area of the picture on any of those
`16 models?
`17
` COURT REPORTER: I'm sorry. The?
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` MR. BURNS: Breast area.
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`BY THE WITNESS:
`20
` A. No.
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` Q. I want to go back to your patent
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`application. I think it's Exhibit 4. You testified
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`earlier that figures 7 to 10 are the figures where
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`the -- we have it attached to the pants; is that
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`correct?
`
`44 (Pages 170 to 173)
`TSG Reporting - Worldwide 877-702-9580
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`Page 174
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`Page 175
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` GREGORY STANGLE
` A. Yes.
` Q. Okay. And the description of those, I
`believe, starts around paragraph 37. Take some time
`to review paragraph 37 to 46.
` (Witness viewing document.)
`BY THE WITNESS:
` A. Okay.
` Q. In what you reviewed, do any of the
`paragraphs discuss wearing these -- the attached
`sleeve up over the belly, upwards from the waist?
` A. No.
` Q. Does anywhere in your patent application
`disclose that way of wearing the pants, the
`attachments?
` A. No.
` Q. I'm going to go -- stay with your
`application. We talked a lot earlier about
`figure 8. Go to figures 7 through 10.
` COURT REPORTER: I'm sorry.
`BY MR. BURNS:
` Q. I'm sorry. Can we go back to figures 7
`through 10. If you look at figure 8, we talked
`about 42 as being the attached end earlier; is that
`right?
`
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` GREGORY STANGLE
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` A. Right.
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` Q. If you look at Exhibit 18, which I think
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`you marked up. Do you still have that?
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` Okay. We were -- again, we were pointing
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`to No. 42 as the attached end; is that right?
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` A. Right.
`8
` Q. Okay. Could you look at figure 10, please.
`9
` A. Okay.
`10
` Q. Do you see a 42 on figure 10 as well?
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` A. Yes.
`12
` Q. And where does 42 -- how far is the
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`attachment there? What's the location?
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` A. The attachment? Oh, the attachment is
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`further into the pants.
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` Q. Is it at the waist area or does it go
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`further down?
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` A. In figure 10 it looks like it goes below
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`the waist.
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` Q. Right. Okay. So if you look at what you
`21 marked up on figure -- I'm sorry, Exhibit 18 --
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` A. Yes.
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` Q. -- do you think that is correct what you
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`did?
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` A. No.
`
`Page 176
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`Page 177
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` GREGORY STANGLE
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` Q. What's incorrect about it?
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` A. Well, in -- in Exhibit 18 I assumed the
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`attachment was at the waist. So the whole folding
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`up portion -- folded up portion of the product is
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`higher. In figure 10 the attachment is much lower,
`7 which would make everything -- so if it was folded
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`up, it would be even much lower.
`9
` Q. All right. Is there any difference in
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`the -- in the attachment in drawings shown on
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`figure 7, 8, 9, and 10?
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` A. Any difference in the attachment? I'm not
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`sure I understand.
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` Q. I guess what I'm asking is, is this a bunch
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`of different views of the same way you envisioned
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`your sleeve attaching?
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` A. I would need to refer back to the actual
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`descriptions in the application because it was so
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`long ago.
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` Q. Okay. Take your time.
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` (Witness viewing document.)
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`BY MR. BURNS:
`23
` Q. So maybe we can go through it. On page
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`numbered 1516 at the bottom right, paragraph 24, it
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`says "Figure 7 illustrates movable sleeve visible
`
` GREGORY STANGLE
`through a cut-away of clothing," correct?
` A. Yes.
` Q. And then it moves on to figure 8,
`paragraph 25. Can you just read that for me.
` A. "Figure 8 illustrates how initially the
`sleeve 40 could be built into clothing 32 without
`impacting normal use."
` Q. And could you read the figure 9
`description, paragraph 26.
` A. "Figure 9 illustrates the outside
`surface 36 of the clothing 32 where the movable
`sleeve 40 is folded over and around the clothing 32
`to provide extra covering of the clothing 32 where
`support of the person's body."
` Q. Okay. And paragraph 27 for figure 10.
` A. "Figure 10 illustrates the movable
`sleeve 40 folded around the clothing 32."
` Q. So we talked earlier about the 42 in
`figure 10 and the 42 in figure 8. Do you have any
`reason to believe the 42s in those two illustrations
`are different in any way?
` A. Yes. The descrip- -- the references to
`figure 8 and figure 10 in paragraphs 41 and 42
`describe that No. 42 indicates where the item is
`45 (Pages 174 to 177)
`TSG Reporting - Worldwide 877-702-9580
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`Page 182
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`Page 183
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` GREGORY STANGLE
`STATE OF ILLINOIS )
` ) SS:
`COUNTY OF C O O K )
`
` I, TINA M. ALFARO, Certified Shorthand
`Reporter No. 084-004220, Certified Realtime
`Reporter, and Notary Public in and for the State of
`Illinois, do hereby certify:
` That GREGORY STANGLE, whose deposition is
`hereinbefore set forth, was duly sworn by me and
`that said deposition is a true record of the
`testimony given by such witness.
` I further certify that I am not counsel for
`nor in any way related to any of the parties to this
`suit, nor am I in any way interested in the outcome
`thereof.
` In witness, whereof, I have hereunto set my
`hand this 16th day of October, 2013.
`
` _____________________________
` Tina M. Alfaro, CSR, CRR
`
`1
` GREGORY STANGLE
`2
` ERRATA SHEET
`3
`CASE NAME: Destination Maternity Corporation v.
` Target Corporation
`4
`DATE: October 4, 2013
`5 WITNESS: GREGORY STANGLE
`6
`PAGE LINE
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`Signed: ______________________ Date: _________
`
`REPORTER: Tina M. Alfaro
`
`47 (Pages 182 to 183)
`TSG Reporting - Worldwide 877-702-9580
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