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`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`J SQUARED, INC. d/b/a UNIVERSITY LOFT COMPANY
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`Petitioner
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`v.
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`SAUDER MANUFACTURING COMPANY
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`Patent Owner
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`_______________
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`
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`Case IPR2015-00774
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`Patent No. 8,585,136
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`CHAIR WITH COUPLING
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`COMPANION STOOL BASE
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`_______________
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`PATENT OWNER’S
`MANDATORY INITIAL DISCLOSURE
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`{YB:00332910.DOCX }
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`-1-
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`SMC-103
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`Patent Owner’s Mandatory Initial Disclosure
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`1.
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`Under § 42.51(a)(1), Patent Owner identifies the following individuals
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`likely to have discoverable information pertaining to claim construction, the
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`development and characteristics of the patented invention, the prior art identified
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`by the Petitioner, whether or not used by the Board in the issues adopted for trial,
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`and the issues of anticipation and obviousness raised by Petitioner and adopted by
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`the Board.
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`(a)
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`Phillip Bontrager
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`(b) Anthony Warncke
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`(c)
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`Jeffrey Jameson
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`(d) Thomas Hagerty
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`(e) Benjamin Beck
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`(f) Dave Harting
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`2.
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`The following
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`individuals may have discoverable
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`information
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`regarding commercial success and other secondary indicators of non-obviousness
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`of the patented invention:
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`(a)
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`Phillip Bontrager
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`(b)
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`Sauder Manufacturing Company financial representative
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`(c) Customers to be identified
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`All of the above-identified persons, except customers to be identified, can be
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`reached through Patent Owner, and/or Patent Owner’s counsel. The persons
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`{YB:00332910.DOCX }
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`-2-
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`SMC-103
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`identified in Part 1 above qualify as persons of ordinary skill in the furniture design
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`art.
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`3.
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`Patent Owner identifies the following documents and things likely to
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`be used in evidence in the trial:
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`(a)
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`Patent No. 8,585,136 B2
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`(b) The file history of Patent No. 8,585,136 B2
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`(c) The file history of ‘787 sister patent
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`(d)
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`Product literature published by Patent Owner
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`(e)
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`Product literature published by Petitioner
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`(f) Articles and commentary published by third parties regarding
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`the Sauder Trey® Chair
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`(g)
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`Financial records of Sauder Manufacturing Company, including
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`sales numbers and other indicators of commercial success
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`(h) Deposition transcripts and/or portions thereof including the
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`depositions of Davis, Anderson, and Jannetides in the co-pending civil action
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`(i) Documents produced by Sauder Manufacturing Company in
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`discovery in the pending civil action
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`(j) Documents produced by Petitioner in discovery in the pending
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`civil action
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`(k) Actual Trey® and Wave Chairs
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`{YB:00332910.DOCX }
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`-3-
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`SMC-103
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`(l) Videos demonstrating operation of the patented Sauder Trey®
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`Chair
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`(m) Claim charts
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`(n)
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`Prior art cited in the prosecution history and identified by
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`Petitioner as well as prior art identified by Petitioner in the ‘136 patent
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`(o) Other documents and things yet to be discovered, but with
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`respect to which notice will be promptly given.
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`(p) Dictionaries and Google search results
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`At this time, Patent Owner is not aware of any parties whose depositions
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`will be taken in the course of initial discovery. Patent Owner, however, reserves
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`the right to take such depositions as discovery as a just adjudication of the matter
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`requires, as well as rebuttal depositions of parties identified by or relied on by
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`Petitioner in its case in chief.
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`
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`Petitioner has declined to identify prospective witnesses and evidence at this
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`time.
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`Dated: September 23, 2015
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`Respectfully submitted,
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`YOUNG BASILE HANLON & MACFARLANE PC
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`/s/Thomas N. Young
`THOMAS N. YOUNG (P22656)
`Attorney for Patent Owner
`Young Basile Hanlon & MacFarlane P.C.
`3001 W. Big Beaver Rd. Suite 624
`Troy, MI 48084
`(248) 649-3333
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`{YB:00332910.DOCX }
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`-4-
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`SMC-103
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on September 23, 2015, a complete and entire copy of the foregoing was
`provided via Federal Express, to the Petitioner by serving the correspondence
`address of record as follows:
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`
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`Stephen F. Rost
`Reg. No. 61,983
`Taft Stettinius & Hollister LLP
`One Indiana Square, Suite 3500
`Indianapolis, IN 46204
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`
`
`William F. Bahret,
`Reg. No. 31,087
`Bahret & Associates LLC
`320 N. Meridian St., Suite 510
`Indianapolis, Indiana 46204
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`Timothy Eagle
`Reg. No. 31755
`VARNUM RIDDERING
`SCHMIDT & HOWLETT LLP
`333 Bridge Street NW
`P.O. Box 352
`Grand Rapids, MI 49501-0352
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`/s/Thomas N. Young
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`{YB:00332910.DOCX }
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`-5-
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`SMC-103
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