`
`FOR THE NORTHERN DISTRICT OF ALABAMA
`
`SOUTHERN DIVISION
`
`Case No. 2:14-CV-00091
`
`CABLZ, INC.,
`
`v.
`
`CHUMS, INC.,
`
`Plaintiff,
`
`Defendant.
`
`EXPERT REPORT OF STEVEN C. VISSER
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`Page 1
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`CABLZ EX 2001
`
`
`
`G.
`
`51.
`
`Sosin
`
`For many years prior to the 268 patent’s priority date, a writer, photographer,
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`radio personality, television producer and fisherman named Mark Sosin (“Sosin”) began wearing
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`an eyewear retainer made out of monofilament cable because he wanted an eyewear retainer that
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`would not rub and irritate the back of his neck. See Exhibit 12.
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`52.
`
`I am informed that Sosin originally attached the monofilament cable to the
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`eyeglass temples by drilling a hole through the eyeglass temples, flattening the ends of the
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`temple bars with a file, drilling another hole at a right angle to the first hole, pushing the
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`monofilament through the holes, tying a knot in the end of the monofilament and then jamming
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`the knot in the hole. I am also informed that in approximately the 1970s, Sosin developed a new
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`system for attaching 300-pound test monofilament to eyeglasses by cutting the monofilament
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`cable to his preferred length, burning the ends of the monofilament so that they expanded, and
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`using bait rigging floss as a temple retainer to wrap the monofilament cable and retain it against
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`the eyeglass temples. The following are pictures of Sosin’s eyewear retainer attached to a pair of
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`Sosin’s glasses:
`
`See Exhibit 10.
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`Sosin could be seen wearing these eyewear retainers, which extended rearward from his
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`head and were suspended in the air in an arc off of his shoulders and neck, on his television
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`
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`18
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`Page 2
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`CABLZ EX 2001
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`
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`show, Mark Sosin’s Saltwater Journal. The following are pictures taken from videos, entitled
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`“Pages from Mark’s Journal”:
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`See Exhibit 11 (taken from volume 1 at approximately 1:10)
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`See Exhibit 11 (taken from volume 1 at approximately 55:31)
`
`See Exhibit 11 (taken from volume 3 at approximately 33:36)
`
`
`
`19
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`Page 3
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`CABLZ EX 2001
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`
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`53.
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`At least as early as 2002, Sosin included the following instructions in the FAQ
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`section of his website, marksosin.com, for how to make his monofilament line eyewear retainer:
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`QUESTION:
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`Mark, how do you make your sunglasses strap using mono?
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`ANSWER:
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`The mono that holds my sunglasses is 300 pound test. I wanted
`something stiff enough so that it would stay clear of my neck. In
`the warm weather, anything that touches the neck can irritate it.
`Cut the mono to your preferred length. Use a candle or match to
`burn both ends slightly. This causes them to swell and they won’t
`pull through the wraps. I use bait rigging floss to wrap the mono
`against the temple bars of the glasses. Finish the wraps by using a
`separate loop of floss to pull the tag end under several wraps. You
`do this by laying the loop beyond the point to which you are
`wrapping. Make several wraps toward the end of the loop. Insert
`the tag end through the loop and pull the two tag ends of the loop.
`This will draw the floss under the last several wraps. Trim it and
`do the other temple bar the same way.
`
`Mark Sosin
`
`See Exhibit 12.
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`54.
`
`The Pages From Mark’s Journal videos were available at least as early as 1999.
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`See Exhibit 12. The Sosin prior art (FAQ) was publicly available on Sosin’s website at least as
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`early as March 25, 2002. See Exhibit 12. Thus, Sosin’s eyewear retainer, associated public use
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`and the materials discussed above qualify as prior art under at least 35 U.S.C. 102(a), (b) and
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`(g)(2). Sosin’s public use and the materials discussed above are not identified as cited art on the
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`cover page of the 268 patent and do not appear to have been considered during examination on
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`the merits.
`
`H.
`
`55.
`
`Dahlberg
`
`In the late 1970s or early 1980s, another fisherman, Larry Dahlberg, began
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`fastening hard monofilament to the temples of his sunglasses using a nail knot with a whip finish
`
`
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`20
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`Page 4
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`CABLZ EX 2001
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`
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`CONCLUSION
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`I.
`
`As discussed in more detail above, in my opinion. most ofthe claims ofthe 268
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`patent are invalid as anticipated based on one or more ofthe prior art references discussed above.
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`The remaining claims are an obvious combination ofold and well known structures. which were
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`not made available to the USPTO during prosecution ofthe 268 patent. including a cable that
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`extends rearward from the head ofthe wen-rer and is suspended ot'l'the neck ofthe wearer
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`2.
`
`I intend to testify about the above topics at trial.
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`i may also provide additional
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`overview andior background testimony that may assist the trier of fact in understanding my
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`opinions.
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`I reserve the right to supplement my report after further fa-ct discovery. ifthe court
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`interprets the claims ofthe 268 patent or ill beco=me a-ware ofnew information.
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`-I reserve the
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`right to respond to the opinions offered by Cablz's expert and other ~.\'itncss(es) on these and
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`related issues.
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`7/‘(Vii
`
`_. f
`
`Ste»-e.It= L‘. Visser
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`Page 5
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`CABLZ EX 2001
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