`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In re application of
`Docket No:
`C. Kumar N. Patel
`Issued: November 27, 2001
`U.S. Patent No. 6,324,463
`Application.No. 09/310,527
`Filing Date: May 12, 1999
`
`For: CRUISE CONTROL INDICATOR
`
`DECLARATION OF HIDEKI YAMASHITA IN SUPPORT OF
`REQUEST FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 6,324,463 UNDER 35 U.S.C. §§311-319, 37 C.F.R. § 42
`
`Mail Patent Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I am employed by Toyota Motor Corporation,
`I. My name is Hideki Yamashita.
`and have been so employed for approximately 29 years as of the date of this
`declaration.
`
`2. My current title is Manager and I am responsible for the contents of Owner's
`Manuals for Toyota automobiles, including the 1997 Toyota Celsior.
`
`3. The 1997 Toyota Celsior was available to be purchased in Japan by any member
`of the public, from July 1997. This car was available with an adaptive cruise
`control system called "Radar Cruise Control." The Radar Cruise Control is
`described in the Owner's Manual, which was given to purchasers of the car and
`available for purchase by any member of the public.
`
`4. I am familiar with the 1997 Celsior Owner's Manual, including its purpose,
`contents, distribution, and use, based on my normal job responsibilities at
`Toyota.
`
`5. Attached to this Declaration as Exhibit 1009, is a true and accurate copy of the
`Celsior Owner's Manual dated July 28, 1997.
`
`I
`
`
`
`6. The purpose of the 1997 Celsior Owner's Manual was to have a car purchaser
`understand how to deal with the car that he or she had purchased, including the
`on-vehicle equipment so that the purchaser could drive safely and comfortably.
`
`7. Everyone who purchased a 1997 Celsior received an Owner's Manual, as a
`manual came with the purchase of a car. The normal procedure was that the
`car salesperson would review the Owner's Manual along with the purchaser
`during the car delivery process so that the purchaser became familiar with the
`operation of the car and its features.
`
`8. Also, someone who did not purchase the car could buy the Owner's Manual by
`simply ordering it during and for some time after the car was available for sale.
`
`9. Accordingly, the 1997 Toyota Celsior Owner's Manual was disseminated and
`available to any interested member of the public beginning at least on July 28,
`1997.
`
`10. During the period July 28, 1997 until December 31,1997, approximately twenty
`thousand Celsior vehicles were sold, and therefore approximately twenty
`thousand Celsior Owner's Manuals were disseminated to members of the public
`during this period.
`
`11. While lending copies of the manual was prohibited as is reflected in the stamp
`on the Contents page, this prohibition was meant to protect Toyota's copyrights
`(i.e., to require people to pay for the manual). Any member of the public was
`able to obtain access to this publication either by purchasing the car or by
`purchasing the manual.
`
`12. There were no prohibitions placed on the Owner's Manual that restricted a
`customer's use or distribution of this manual. There was no requirement that
`this manual be kept confidential.
`
`13. The 1997 Celsior was advertised at least on television commercials.
`
`I swear under the penalty of perjury that the foregoing is true and accurate to the best of
`my knowledge.
`
`Signed this /£> th day of December 2013
`
`Hideki Yamashita
`
`2
`
`
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