UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TARGET CORPORATION
`
`Petitioner
`
`V.
`
`DESTINATION MATERNITY CORPORATION
`
`Patent Owner
`
`Case No. IPR2014—00509
`
`Dated: June 24, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`AFFIDAVIT OF TRUDI RASPA
`
`EAST\77556236.1
`
`DMC Exhibit 2106_001
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TARGET CORPORATION
`
`Petitioner
`
`V.
`
`DESTINATION MATERNITY CORPORATION
`
`Patent Owner
`
`Case No. IPR2014—00509
`
`Dated: June 24, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`AFFIDAVIT OF TRUDI RASPA
`
`EAST\77556236.1
`
`DMC Exhibit 2106_001
`
`
`
`DECLARATION OF TRUDI RASPA
`
`1.
`
`I am a paralegal with the law firm of DLA Piper LLP (US).
`
`I have worked
`
`at DLA Piper LLP (US) since 2014.
`
`2.
`
`Unless otherwise stated, the facts stated in this Declaration are based on my
`
`personal knowledge.
`
`3.
`
`Exhibit 2003 is a true and correct copy of the color artifact of JC Penney
`
`Catalog 2005 found in USSN 12/117,004 (US 7,900,276). Patent Owner
`
`7,900,276 (reissued as the ‘563 Patent). No alterations have been made to
`
`the document.
`
`4.
`
`5.
`
`obtainedthecolorartifactfromthePTOfromthefilehistoryforU.S.
`throughtheUSPTOIPRPortalavailableat
`
`Exhibit 2004 is a true and correct copy of the December 4, 2011 Form 1449
`
`from US RE43,5 63. 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 document.
`
`Exhibit 2005 is a true and correct copy of the deposition transcript of Mindy
`
`Simon (October 10, 2013).
`
`I obtained the exhibit from IPR20l3—0053l
`
`https://ptabtrialsuspto.gov/prweb/PRWebLDAP2/HcI5xOSeX yfl 2RYZAnT
`
`XXCg%5B%5B */!STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`-1-
`
`EAST\77556236.1
`
`DMC Exhibit 2106_002
`
`
`
`6.
`
`Exhibit 2018 is a true and correct copy of the deposition transcript of
`
`Frances Harder (April 24, 2014).
`
`I obtained the exhibit from IPR2013—
`
`00531 through the USPTO IPR Portal available at
`
`https://ptabtrialsuspto.gov/prweb/PRWebLDAP2/HcI5xOSeX yQRYZAnT
`
`XXCg%5B%5B*/!STANDARD?Userldentifier=searchuser. No alterations
`
`have been made to the document.
`
`7.
`
`Exhibit 2019 is a true and correct copy of the deposition transcript of Amy
`
`Brady (October 10, 2013).
`
`I obtained the exhibit from IPR2013-005 31
`
`through the USPTO IPR Portal available at
`
`https://pitabtrialsuspto.gov/prweb/PRWebLDAP2/HcI5XOSeX yg 2RYZAnT
`
`XXCg%5B%5B*/!STANDARD?Userldentifier=searchuser. No alterations
`
`have been made to the document.
`
`8i
`
`Exhibit 2020 is a true and correct copy of Exhibit 114 to the deposition
`
`transcript of Amy Brady (October 10, 2013). I obtained the exhibit from
`
`IPR20l 3-005 31 through the USPTO IPR Portal available at
`
`https://ptabtrialsuspto. gov/prweb/PRWebLDAP2/H015XOSeX yg 2RYZAnT
`
`XXCg%5B%5B*/!STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`9.
`
`Exhibit 2021 is a true and correct copy of 7—17—2007 Press Release available
`
`at http://destinationmaternitycorp.mediaroom.com/
`
`EAST\7755623611
`
`-2-
`
`DMC Exhibit 2106_003
`
`
`
`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.
`
`10.
`
`Exhibit 2023 is a true and correct copy of Merriarn~Webster’s Collegiate
`
`Dictionary, llth Ed., 2007, page 1245. No alterations have been made to
`
`the document.
`
`11.
`
`Exhibit 2024 is a true and correct copy of Merriam—Webster’s Collegiate
`
`Dictionary, llth Ed., 2007, page 679. No alterations have been made to the
`
`document.
`
`12.
`
`Exhibit 2027 is a true and correct copy of a redacted deposition transcript of
`
`Amy Brady (October 10, 2013). I obtained the exhibit from IPR20l3—0053l
`
`through the USPTO IPR Portal available at
`
`https://ptabtrialsuspto. gov/prweb/PRWebLDAP2/HcI5xOSeX yg 2RYZAnT
`
`XXCg%5B%5B*/1STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`13.
`
`Exhibit 2028 is a true and correct copy of a redacted Exhibit l 14 to the
`
`deposition transcript of Amy Brady (October 10, 2013).
`
`I obtained the
`
`exhibit from IPR20 13-00531 through the USPTO IPR Portal available at
`
`https://ptabtrials.us_p_to.gov/prweb/PRWebLDAP2/HcI5xOSeX yg }RYZAnT
`
`EAST\7755()236,1
`
`DMC Exhibit 2106_004
`
`
`
`XXCg%5B%5B */ l STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`l4.
`
`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.
`
`15.
`
`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.
`
`16.
`
`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://wvvw.uspto. gov. No alterations have been made
`
`to the patent.
`
`17.
`
`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.
`
`18.
`
`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
`
`3
`
`g
`
`EAST\77556236.1
`
`-4-
`
`DMC Exhibit 2106_005
`
`
`
`Office website available at http://www.uspto.gov. No alterations have been
`
`made to the patent.
`
`19.
`
`Exhibit 2084 is a true and correct copy of the Manual of Patent Examining
`
`Procedure Section 2111. I viewed and printed Section 21 ll from the U.S.
`
`Patent and Trademark Office website available at http://wWw.uspto.gov. No
`
`alterations have been made to the document.
`
`20.
`
`Exhibit 2085 is a sample of the DMC product, Style No. 93480-01 that was
`
`referenced in Patent Owner’s Preliminary Response to Corrected Petition for
`
`Inter Partes Review Under 35 U.S.C. §§ 31 1-319 and 37 C.F.R. § 42.100
`
`E2‘. Seq.
`
`I obtained Exhibits2085 from Destination Maternity Corporation.
`
`No alterations have been made to the product.
`
`2l.
`
`Exhibit 2095 is the book Merriam—Webster’s Collegiate Dictionary, llth
`
`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 library. No alterations have been made to
`
`the book.
`
`22.
`
`Exhibit 2099 is a true and correct copy of the Manual of Patent Examining
`
`Procedure Section 2131. Iviewed and printed Section 2131 from the U.S.
`
`Patent and Trademark Office website available at http://www.uspto. gov. No
`
`alterations have been made to the document.
`
`-5-
`
`EAST\77556236.1
`
`DMC Exhibit 2106_006
`
`
`
`23.
`
`Exhibits 2101 is a true and correct copy of the figure to the left on page 8 of
`
`Patent Owner’s Preliminary Response to Corrected Petition for Inter Partes
`
`Review Under 35 U.S.C. §§ 311—319 and 37 C.F.R. § 42.100 Et. Seq. No
`
`alterations have been made to the document.
`
`24.
`
`Exhibits 2102 is a true and correct copy of the figure to the right on page 8
`
`of Patent Owner’s Preliminary Response to Corrected Petition for Inter
`
`Partes Review Under 35 U.S.C. §§ 311-319 and 37 C.F.R. § 42.100 Et. Seq.
`
`No alterations have been made to the document.
`
`25.
`
`Exhibits 2103 is a true and correct copy of the figure to the right on page 29
`
`of Patent Owner’s Preliminary Response to Corrected Petition for Inter
`
`Partes Review Under 35 U.S.C. §§ 311-319 and 37 C.F.R. § 42.100 Et. Seq.
`
`No alterations have been made to the document.
`
`26.
`
`Exhibit 2104 is a true and correct copy of a photograph that I obtained from
`
`David Brookstein, Sc.D.
`
`27.
`
`Exhibit 2107 is a true and correct copy of the PTAB Scheduling Order dated
`February 14, 2014 for lPR2013—00530.
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`https://ptabtrialsuspto.gov/prweb/PRWebLDAP2/HcI5xOSeX yg )RYZAnT
`
`XXCg%5B%5B*/!STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`-5-
`
`EAST\77556236.1
`
`DMC Exhibit 2106_007
`
`
`
`28.
`
`Exhibit 2108 is a true and correct copy of the PTAB Scheduling Order dated
`
`February 14, 2014 for IPR2013-00531.
`
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`https ://ptabtrialsuspto. gov/prweb/PRWebLDAP2/Hcl5XOSeX yg 2RYZAnT
`
`XXCg%5B%5B*/!STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`29.
`
`Exhibit 2109 is a true and correct copy of the PTAB Scheduling Order dated
`
`February 19, 2014 for IPR2013—00532.
`
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`htt s:// tabtrials.us to. ov/ rweb/PRWebLDAP2/HcI5xOSeX
`
`RYZAnT
`
`XXCg%5B%5B*/!STANDARD?UserIdentifier==searchuser. No alterations
`
`have been made to the document.
`
`30.
`
`Exhibit 2110 is a true and correct copy of the PTAB Scheduling Order dated
`
`February 19, 2014 for IPR2013-00533.
`
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`https://ptabtrialsuspto.gov/prweb/PRWebLDAP2/H015xOSeX yg 2RYZAnT
`
`XXCg%5B%5B*/!STANDARD‘?Userldentifier=searchuser. No alterations
`
`have been madeto the document.
`
`31.
`
`Exhibit 2113 is a true and correct copy of the Motion for Joinder for
`
`lPR2014-00508 dated March 14, 2014. I obtained the exhibit through the
`
`EAST\77556236.1
`
`_ 7 _
`
`DMC Exhibit 2106_008
`
`
`
`USPTO IPR Portal available at
`
`https://ptabtrials.uspto.gov/prweb/PRWebLDAP2/Hcl5xOSeX yg }RYZAnT
`
`XXCg%5B%5B*/!STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`32.
`
`Exhibit 2114 is a true and correct copy of Patent Owner’s Preliminary
`
`Response for IPR2013-00533 dated December 4, 2013.
`
`I obtained the
`
`exhibit through the USPTO IPR Portal available at
`
`https ://ptabtrials.uspto.gov/prweb/PRWebLDAP2/H015xOSeX yg )RYZAnT
`
`XXCg%5B%5B*/!STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document.
`
`33.
`
`Exhibit 2116 is a true and correct copy of the Corrected Petition for
`
`IPR2014—OO508 dated March 28, 2014.
`
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`l_1tt1ps://ptabtrials.uspto.gov/prweb/PRWebLDAP2/HcI5xOSeX yg2RYZAnT
`
`XXCg%5B%5B*/! STANDARD?UserIdentifier=searchuser. No alterations
`
`have been made to the document
`
`34.
`
`Exhibit 21 17 is a true and correct copy of the Order on Motion to Seal for
`
`IPR2013—0053O dated May 19, 2014.
`
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`https://ptabtrials.uspto.gov/prweb/PRWebLDAP2/H015XOSeX yg 2RYZAnT
`
`EAST\77556236.1
`
`-3-
`
`DMC Exhibit 2106_009
`
`
`
`XXCg%5B%5B*/ !STANDARD‘?Userldentifier=searchuser. No alterations
`
`have been made to the document.
`
`35. Exhibit 2118 is a true and correct copy of the Order on Motion to Seal for
`
`1PR2013-00531 dated May 19, 2014.
`
`I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`https://ptabtrialsuspto.gov/prweb/PRWebLDAP2/HcI5xOSeX yQRYZAnT
`
`XXCg%5B%5B*/ ! STANDARD?User1dentifier=searchuser. No alterations
`
`have been made to the document.
`
`36.
`
`Exhibit 21 19 is a true and correct copy of the Order on Motion to Seal for
`
`1PR2013—00532 dated May 19, 2014. I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`htt s:// tabtrials.us to. ov/ rweb/PRWebLDAP2/HcI5xOSeX
`
`RYZAnT
`
`XXCg%5B%5B*/ !STANDARD?User1dentifierfsearchuser. No alterations
`
`have been made to the document.
`
`37.
`
`Exhibit 2120 is a true and correct copy of the Order on Motion to Seal for
`
`IPR2013—005 33 dated May 19, 2014. I obtained the exhibit through the
`
`USPTO IPR Portal available at
`
`https://ptabtrialsuspto . goV/prWeb/PRWebLDAP2/H015xOSeX yg 2RYZAnT
`
`XXCg%5B%5B*/!STANDARD'?User1dentifier=searchuser. No alterations
`
`have been made to the document.
`
`-9-
`
`EAS'I'\77556236.l
`
`DMC Exhibit 2106_010
`
`
`
`I declare that the foregoing is true and correct to the best of my knowledge.
`
`Executed on June 24, 2014 at Philadelphia, Pennsylvania.
`
` ., .. ‘xii’ . I /f, »/.E//
`
`T‘r1idi”Rasp
`/
`
`
`
`
`
`
`
`
`
`EAST\77556236,1
`
`-10-
`
`DMC Exhibit 2106_011
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