`
`_________________________
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`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`TRISTAR PRODUCTS, INC.
`Petitioner
`
`v.
`
`CHOON’S DESIGN INC.
`Patent Owner
`_________________________
`
`Patent No. 8,622,441
`_________________________
`
`
`
`DECLARATION OF WOLI I. URBE, ESQ.
`
`
`Tristar Ex. 1020, pg. 1
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`
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`I, Woli I. Urbe, Esq., declare as follows:
`
`1.
`
`I am an Associate at Bakos & Kritzer, attorneys for Petitioner Tristar
`
`Products, Inc. in the above-captioned matter. I am fully familiar with the facts and
`
`circumstances set forth below and submit this declaration in support of Petitioner’s
`
`Petition for Inter Partes Review of U.S. Patent No. 8,622,441.
`
`2.
`
`I am also familiar with the book I Can’t Believe I’m Loom Knitting!,
`
`written by Kathy Norris. The book lists its copyright date as 2010.
`
`3.
`
`True and correct copies of the cover, copyright page, table of contents,
`
`and pages 3, 18, 19, 41, 45, and 68 of the book I Can’t Believe I’m Loom Knitting!
`
`have been attached to Petitioner’s Petition for Inter Partes Review of U.S. Patent
`
`No. 8,622,441 as Exhibit 1015.
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`4.
`
`On March 3, 2014, I accessed the Amazon page for I Can’t Believe I’m
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`Loom Knitting! This page lists the publication date of the book as May 1, 2010. A
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`true and correct copy of the page I accessed is attached hereto as Exhibit URBE-
`
`001.
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`5.
`
`I am also familiar with the book Looming Knitting Primer, written by
`
`Isela Phelps.
`
`6.
`
`True and correct copies of the cover copyright page, table of contents,
`
`and pages 12-20, 99 and 118 of the book Looming Knitting Primer have been
`
`Tristar Ex. 1020, pg. 2
`
`
`
`attached to Petitioner’s Petition for Inter Partes Review of U.S. Patent No.
`
`8,622,441 as Exhibit 1016.
`
`7.
`
`On March 3, 2014 I accessed Basic Instructions for Using a Double
`
`Lucet page at http://silverspindle.atlantia.sca.org/photos/doublelucet/. This page
`
`lists the publication date as January 2002 and revised June 2002. A true and correct
`
`copy of the page I accessed is attached to Petitioner’s Inter Partes Review of U.S.
`
`Patent No. 8,622,441 as Exhibit 1017.
`
`8.
`
`On March 3, 2014 I accessed The Horde of Vigdis page at
`
`http://vigdisofthekeep.blogspot.com/2011/08/documentation.html. This page lists
`
`the publication date of the article as August 5, 2011. A true and correct copy of the
`
`page I accessed is attached to Petitioner’s Inter Partes Review of U.S. Patent No.
`
`8,622,441 as Exhibit 1018.
`
`
`
`
`
`Tristar Ex. 1020, pg. 3
`
`
`
`
`
`I hereby declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct, and that all statements made of
`
`my own knowledge are true and that all statements made on information and belief
`
`are believed to be true. I understand that willful false statements and the like are
`
`punishable by fine or imprisonment, or both (18 U.S.C. § 1001).
`
`
`
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`
`
`
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`
`
`
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`
`
`
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`
`
`
`
`Executed on March 3, 2015
`
`/ Woli I. Urbe /
`
`
`
`
`
`Woli I. Urbe, Esq.
`
`
`
`
`
`
`
`
`
`Tristar Ex. 1020, pg. 4
`
`
`
`URBE-001
`
`Tristar Ex. 1020, pg. 5
`
`
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`I Can't Believe I'm Loom Knitting and over one million other books are available for Amazon Kindle. Learn more
`I Can't Believe I'm Loom Knitting
`(Leisure Arts #5250) Paperback – May
`1, 2010
`by Kathy Norris
`
`
`Share
`
`
`
` (Author)
` 116 customer reviews
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`See all 3 formats and editions
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`16 Used from $4.24
`40 New from $6.88
`
`Have you discovered the hot tool that makes knitting
`easier than ever before--without knitting needles? It's
`a knitting loom (also known as a knitting wheel), and
`using one is as simple as wrapping yarn around the
`pegs and lifting the yarn loops with a pick-like tool.
`Clear photos and instructions make it a breeze to
`learn everything you need to know.
`
`The 18 projects in I Can't Believe I'm Loom Knitting
`include Beginner Knit Hat, Next-Step E-Wrap Knit
`
` Flip to back
`
`See all 2 images
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`This item: I Can't Believe I'm Loom Knitting (Leisure Arts #5250) by Kathy Norris
`Paperback $10.49
`Loom Knitting Primer: A Beginner's Guide to Knitting on a Loom, with over 30 Fun
`Projects (No-Needle … by Isela Phelps Paperback $17.42
`Boye Long Loom Set- $13.98
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`
`Product Details
`Paperback: 68 pages
`Publisher: Leisure Arts, Inc. (May 1, 2010)
`Language: English
`ISBN-10: 1609000404
`ISBN-13: 978-1609000400
`Product Dimensions: 8.5 x 10.9 x 10.9 inches
`Shipping Weight: 9.6 ounces (View shipping rates and policies)
`Average Customer Review:
` (116 customer reviews)
`Amazon Best Sellers Rank: #20,393 in Books (See Top 100 in Books)
`#6 in Arts, Crafts & Sewing > Knitting & Crochet > Knitting Looms & Boards
`#37 in Books > Crafts, Hobbies & Home > Crafts & Hobbies > Needlecrafts & Textile Crafts > Knitting
`
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`Editorial Reviews
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`About the Author
`Leisure Arts is a leading publisher and distributor of “how-to” and lifestyle publications with emphasis on creative crafts, needlework,
`decorating, and entertaining. Leisure Arts is located in Little Rock, AR.
`
`Customer Reviews
`
` (116)
`4.3 out of 5 stars
`
`5 star
`4 star
`3 star
`2 star
`1 star
`
`67
`29
`9
`5
`6
`
`Great book for
`learning and
`starting to use
`a knitting
`loom.
`
`sbrose
`
`See all 116 customer reviews
`
`Most Helpful Customer Reviews
`
`93 of 96 people found the following review helpful
`
`I highly
`recommend
`this book for
`both beginner
`and
`intermediate
`loom knitters.
`
`Tammy Gant
`
`This book
`contains good
`patterns with
`excellent
`instructions.
`
`Bev Bailey
`
`Ad feedback
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`Most Recent Customer Reviews
`
`Tristar Ex. 1020, pg. 7
`
`
`
`Innovative designs for loom knitting
`By Amazon Customer on June 8, 2010
` Verified Purchase
`Format: Paperback
`Kathy Norris is one of the most innovative loom knitters around and her current book is a testament to
`this talented designer. Written for use with the plastic round and long looms, this is one of the best
`and most well organized loom knitting books for both the beginner and for those of us who want to
`learn new techniques and stitch patterns.
`
`The first part of the book lays the ground work needed by offering several versions of basic hat
`designs. Next is an overview of general stitches and techniques required to make more advanced
`projects featured in the remainder of the book. The basic hat designs are the only easy skill level
`projects in the book and are included mainly as an instructional module for beginners. The other
`projects are high quality intermediate skill level designs that anyone would be proud to create or give
`as gifts.
`
`The projects in this book include:
`* Three hat patterns that focus on teaching the basics for beginners. These are the only easy skill
`level projects.
`* A stunning sampler afghan that utilizes twelve different stitch pattern blocks with an attached I-cord
`edging that is loom knitted directly onto the afghan.
`* Two hat and scarf sets; one in a corn-on-the-cob stitch pattern and another in a honeycomb stitch.
`* A felted basket weave pattern tote.
`* A versatile hooded sweater vest.
`* A lovely lattice patterned throw pillow.
`* Fingerless loves with individually knitted "half" fingers.
`* A beautiful green hooded scarf called "Robin's hood" that incorporates cables along the edge.
`* A striped garter stitch baby blanket worked in eight short row wedges.
`* A ridged lace hat with a picot hem.
`* A gorgeous lace wrap worked in a wavy lace pattern. Read more ›
`
`5 Comments
`
` Was this review helpful to you?
`
`37 of 38 people found the following review helpful
`i can't believe i'm loom knitting
`By J. Sudnik on June 8, 2010
` Verified Purchase
`Format: Paperback
`i love this book, easy to understand, well written, detailed instuctions and pictures makes it easy to
`follow and learn the stitches. i am working on the 12 stitch afgahan now and pleased with each block.
`i would recommend this book for the everyone.
`
`Comment
`
` Was this review helpful to you?
`
`31 of 33 people found the following review helpful
`Looming at its best
`By Paul J. Williams on October 22, 2010
` Verified Purchase
`Format: Paperback
`I have used the book a number of times. Put it down pick it up I know exactly what I am doing. It's just
`like days of our lives walk away come back 3 weeks later and you can figure out whats happening in
`a mater of minutes.
`
`Loving it
`
`Regards
`{Paul}
`
`2 Comments
`
` Was this review helpful to you?
`
`16 of 16 people found the following review helpful
`Good starter, but needs some tweaks
`By *Michelle* on January 8, 2011
` Verified Purchase
`Format: Paperback
`I never could get the hang of needle knitting, so I was really happy to hear about loom knitting and
`find out how simple the process is. I ordered this book as a kind of Loom Knitting 101 course and
`have been pretty pleased so far.
`
`Since I'm a beginner, I can't really say how innovative the designs are or anything like that. I can say
`that I was able to get started right away and produce hats and scarves that were of professional-
`looking quality. I made a striped hat for my little boy and had friends ask where I bought it, so that was
`pretty good!
`
`Five Stars
`One of my favorite books. Easy to understand, clear
`instructions and great photos.
`Published 1 hour ago by Rhonda Garran
`
`Five Stars
`Lots of fun and easy instructions.
`Published 8 days ago by E. Olson
`
`Four Stars
`haven't had too much time to look at so far so good
`Published 20 days ago by judy sammon
`
`Three Stars
`love the loom but broke the hook after a few months
`Published 21 days ago by LJ
`
`NO, REALLY!!!! I CAN'T BELIEVE
`
`IT!!!!
`First, a disclaimer: I am an older man with average
`dexterity and absolutely no loom knitting experience
`whatsoever. Read more
`Published 1 month ago by Roger Pervich
`
`Super product and fun
`Since October I have made 60 hats. The looms are
`easy to use and make very nice hats. Just ask my
`family and friends!
`Published 1 month ago by Jose V
`
`Two Stars
`The book is ok has some great projects but
`instructions are not very clear.
`Published 1 month ago by Wanda Grant
`
`Images are small, not the best for
`
`beginners
`Seems like there is good information and pretty
`stitches but the instructional images are tiny on my
`Kindle which makes it difficult to follow since I am a
`beginner and trying to... Read more
`Published 2 months ago by JillyPie
`
`Not for beginners after all
`I had to go online and find another source to learn
`how to do the stitches - descriptions in this book are
`nearly useless (and I am experienced in knitting).
`Read more
`Published 2 months ago by Dragonwych
`
`More like a Magazine than a book
`Expensive "book" for something that was not much
`bigger than your average "Good Housekeeping"
`magazine. Read more
`Published 2 months ago by Don Lloyd
`
`Search Customer Reviews
`
`Search these reviews only
`
`
`
`Tristar Ex. 1020, pg. 8
`
`
`
`The problem I have with the book is mainly with the instructions for cables and the pattern given for
`the basketweave section of the 12-square afghan. While the cable instructions say you must "loosely"
`knit, they don't really emphasize just how loose they should be and the best way to go about ensuring
`this. I wound up searching on YouTube until I found a video of someone knitting cables. Once I saw
`that you should use markers on your cable section and double-wrap those pegs on the row prior to
`the cable, I was able to produce beautiful stitches.
`
`The other thing is that the pattern listed for basketweave seems incorrect. Again, I'm a beginner and
`it's possible that I just screwed up. However, when I finished the square and bound it off and pulled it
`to examine the swatch, there were no horizontal lines. It was only vertical squares. In my thinking, if it
`was an error on my end where I missed a line of instructions, only a portion of the swatch would have
`been messed up. The swatch was consistent, though. Now, it's still a cute pattern. I kind of like it
`more than the basketweave. It's like a funky, retro look that brings to mind Flint Lockwood's "coolness
`enhancement" paint job from Cloudy with a Chance of Meatballs. But, if someone is really wanting the
`basketweave, she would be understandably upset with the results.
`
`1 Comment
`
` Was this review helpful to you?
`
`21 of 23 people found the following review helpful
`GREATest Loom Knitting Book ever!!
`By Debra Bard on December 20, 2010
` Verified Purchase
`Format: Paperback
`This is the first time I have written a review but felt compelled to let everyone know how great this
`book is. It is the best $10.00 I've ever spent on a book. The "look inside" leaves alot to be desired but
`I ordered based on all the high ratings/reviews. They were not wrong. I am a newby to knitting and
`loom knitting. I had recently purchased Learn to Knit Cables on Looms from a local store thinking it
`was a beginners book to knit on looms. Needless to say, I started a project and found out (from this
`books clear instructions) that I wasn't doing the cables right. This book assumes you have never
`loomed and gives 3 different hat patterns to familiarize yourself with(3)basic stitches which are
`building blocks to other great stitches. There are 13 additional patterns and each uses a new stitch
`pattern. Each of the 13 patterns are something you would be happy to make and be seen wearing.
`Very fashionable and the knitting results look as if the pattern was complicated but not. I just love the
`fingerless gloves (half fingered) since I had been searching for a pattern for them. Can hardly wait to
`make each project.
`
`Comment
`
` Was this review helpful to you?
`
`See all 116 customer reviews (newest first)
`
`What Other Items Do Customers Buy After Viewing This Item?
`
`Boye Long Loom Set-
` (88)
`
`$13.98
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`Loom Knitting Primer: A Beginner's Guide to Knitting on a Loom, with over 30 Fun Projects (No-Needle … by Isela Phelps Paperback
` (197)
`
`$17.42
`
`Darice 1171-58 Set of 4 Round Plastic Knitting Looms
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`$13.94
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`Learn to Knit on Long Looms by Anne Bipes Paperback
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`$8.95
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`Tristar Ex. 1020, pg. 9
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`
`This item: I Can't Believe I'm Loom Knitting (Leisure Arts #5250)
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`Tristar Ex. 1020, pg. 10