IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In the Inter Partes Review of:
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`U.S. Patent No. 8,217,612
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`Filed: January 28, 2009
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`Issued: July 10, 2012
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`Inventor(s): Mario Boisvert, Randall
` Perrin, John Washeleski
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`Assignee: UUSI, LLC
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`Title: Collision Monitoring System
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`Mail Stop Inter Partes Review
`Commissions for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Trial Number: To Be Assigned
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`Panel: To Be Assigned
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`DECLARATION OF ALYSE WU
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`In the Inter Partes Review of:
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`U.S. Patent No. 8,217,612
`
`
`Filed: January 28, 2009
`
`Issued: July 10, 2012
`
`Inventor(s): Mario Boisvert, Randall
` Perrin, John Washeleski
`
`Assignee: UUSI, LLC
`
`Title: Collision Monitoring System
`
`Mail Stop Inter Partes Review
`Commissions for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Trial Number: To Be Assigned
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`Panel: To Be Assigned
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`DECLARATION OF ALYSE WU
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`1.
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`2.
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`3.
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`4.
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`5.
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`I, Alyse Wu, do hereby declare as follows:
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`I am an attorney at the law firm of Kirkland & Ellis LLP, 300 N. LaSalle,
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`Chicago, Illinois 60654, and serve as counsel for Petitioners Brose North
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`America, Inc. and Brose Fahrzeugteile GmbH & Co. KG, Hallstadt. I
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`submit this declaration in support of the Petition for Inter Partes Review
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`Under 37 C.F.R. § 42.100 of U.S. Patent No. 8,217,612 (“Petition”). I am
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`over twenty-one years of age and not under any legal disability. I have
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`personal knowledge of the following facts and, if called as a witness, could
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`and would testify competently thereto.
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`Attached hereto as Exhibit 1005 is a true and correct copy of U.S. Pat. No.
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`8,217,612 (“the ’612 Patent”).
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`Attached hereto as Exhibit 1006 is a true and correct copy of USPTO
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`Assignments on
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`the Web
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`for
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`the
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`’612 Patent,
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`available
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`at
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`http://assignments.uspto.gov/assignments/q?db=pat&qt=pat&reel=&frame=
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`&pat=8217612&pub=&asnr=&asnri=&asne=&asnei=&asns=
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`(accessed
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`February 6, 2014).
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`Attached hereto as Exhibit 1007 is a true and correct copy of U.S. Pat. No.
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`4,870,333 to Itoh, et al.
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`Attached hereto as Exhibit 1008 is a true and correct copy of U.S. Pat. No.
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`4,468,596 to Kinzl, et al.
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`6.
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`7.
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`8.
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`Attached hereto as Exhibit 1009 is a true and correct copy of U.S. Pat. No.
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`5,069,000 to Zuckerman.
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`Attached hereto as Exhibit 1010 is a true and correct copy of U.S. Pat. No.
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`6,064,165.
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`Attached hereto as Exhibit 1011 is a true and correct copy of excerpts from
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`U.S. Pat. Appl. No. 12/360,942 (“the ’942 Application”): Specification,
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`claims, and drawings.
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`9.
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`Attached hereto as Exhibit 1012 is a true and correct copy of excerpts from
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`the file history of the ’942 Application: January 28, 2009 Preliminary
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`Amendment.
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`10. Attached hereto as Exhibit 1013 is a true and correct copy of an excerpt
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`from the file history of the ’942 Application: February 10, 2009 Second
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`Preliminary Amendment.
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`11. Attached hereto as Exhibit 1014 is a true and correct copy of an excerpt
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`from the file history of the ’942 Application: November 24, 2010 Office
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`Action.
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`12. Attached hereto as Exhibit 1015 is a true and correct copy of an excerpt
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`from the file history of the ’942 Application: January 13, 2011 Response to
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`Office Action.
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`13. Attached hereto as Exhibit 1016 is a true and correct copy of an excerpt
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`from the file history of the ’942 Application: April 1, 2011 Office Action.
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`14. Attached hereto as Exhibit 1017 is a true and correct copy of an excerpt
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`from the file history of the ’942 Application: April 29, 2011 Examiner
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`Summary of April 26, 2011 Interview.
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`15. Attached hereto as Exhibit 1018 is a true and correct copy of an excerpt
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`from the file history of the ’942 Application: April 27, 2011 Response to
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`Office Action.
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`16. Attached hereto as Exhibit 1019 is a true and correct copy of excerpts from
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`the file history of the ’942 Application: July 21, 2011 Office Action,
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`October 12, 2011 Amendment, December 23, 2011 Office Action, March 7,
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`2012 Response Under Rule 116, and March 29, 2012 Notice of Allowance.
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`17. Attached hereto as Exhibit 1020 is a true and correct copy of U.S. Pat. No.
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`5,334,876.
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`18. Attached hereto as Exhibit 1021 is a true and correct copy of an excerpt
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`from UUSI’s September 19, 2013 First Supplemental Responses to Brose
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`North America, Inc.’s First Set of Interrogatories to UUSI, LLC (Nos. 1-7):
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`Supplemental Response to Interrogatory No. 1, and Attachment F thereto
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`from UUSI, LLC, d/b/a Nartron v. Robert Bosch LLC & Brose N. Am., Inc.,
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`Civil Action No. 2:13-cv-10444 (E.D. Mich.).
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`19. Attached hereto as Exhibit 1022 is a diagram that shows the claimed chain
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`of priority of the application that led to the ’612 Patent.
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`20. Attached hereto as Exhibit 1023 is a true and correct copy of U.S. Pat. No.
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`3,513,374.
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`21. Attaches hereto as Exhibit 1024 is a true and correct copy of U.S. Pat. No.
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`3,651,389.
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`22. Attached hereto as Exhibit 1025 is a true and correct copy of an excerpt
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`from the Otis Elevator Company, Otis: A Visual Timeline: 1950s, A Polite
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`Reversal, available at http://www.otisworldwide.com/d31-timeline.html
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`(accessed February 6, 2014).
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`23. Attached hereto as Exhibit 1026 is a true and correct copy of U.S. Pat. No.
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`2,751,219.
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`24. Attached hereto as Exhibit 1027 is a true and correct copy of U.S. Pat. No.
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`2,756,990.
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`25. Attached hereto as Exhibit 1028 is a true and correct copy of U.S. Pat. No.
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`2,887,311.
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`26. Attached hereto as Exhibit 1029 is a true and correct copy of U.S. Pat. No.
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`3,581,174.
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`27.
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`I hereby declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct, and that all statements
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`made of my own knowledge are true and that all statements made on
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`information and belief are believed to be true. I understand that willful false
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`statements are punishable by fine or imprisonment or both. See 18 U.S.C.
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`Respectfully submitted,
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` Alyse Wu /
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` /
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`Alyse Wu (Reg. No. 68926)
`alyse.wu@kirkland.com
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`Telephone: (312) 862-2000
`Facsimile: (312) 862-2200
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`§ 1001.
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`Date: February 6, 2014
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Declaration of
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`Alyse Wu was served on February 6, 2014 via Federal Express upon the following:
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`Correspondence Address of Record
`Stephen J. Schultz
`TAROLLI, SUNDHEIM, COVELL & TUMMINO L.L.P.
`1300 East Ninth Street, Suite 1700
`Cleveland, Ohio 44114
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`Attorney of Record for U.S. Pat. No. 8,217,612
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`A copy was also served via electronic mail upon the following:
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`Litigation Counsel
`George D. Moustakas
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 Corporate Drive, Suite 200
`Troy, Michigan 48098
`gmoustakas@hdp.com
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`Attorney for UUSI, LLC, d/b/a Nartron,
`Case No. 2:13-cv-10444 (E.D. Mich.)
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`By:
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`/ Ellen DeBatty /
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`Ellen DeBatty
`Legal Assistant
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`Telephone: (312) 862-2000
`Facsimile: (312) 862-2200
`ellen.debatty@kirkland.com
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