`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`
`ALLSTEEL INC.
`Petitioner
`
`
`v.
`
`
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.
`Patent Owner
`
`
`
`Patent No. 8,024,901
`Filing Date: August, 17, 2005
`Issue Date: September 27, 2011
`Title: INTEGRATED RECONFIGURABLE WALL SYSTEM
`__________________
`
`Inter Partes Review No. Unassigned
`__________________
`
`
`
`
`
`
`
`
`DECLARATION OF EBERHARD VON HUENE
`REGARDING THE KI BROCHURE
`
`
`1
`
`ALLSTEEL INC.
`Exhibit 1020
`
`
`
`I, Eberhard Von Huene, declare and state as follows:
`
`1.
`
`I am more than 18 years of age. I have personal knowledge of the
`
`facts set forth in this declaration and I am competent to testify to such facts if
`
`called upon to do so.
`
`2.
`
`I am submitting this declaration in connection with a Petition for Inter
`
`Partes Review of U.S. Patent No. 8,024,901 (the “Petition”) filed by Allsteel, Inc.
`
`(“Petitioner”) before the Patent Trial and Appeal Board of the United States Patent
`
`Office (the “Board”).
`
`3.
`
`From September 15, 1987 to October 31, 2011, I was a consultant at
`
`Krueger International, Inc. (“KI”). As a consultant, I assisted KI in selling
`
`Genius® Full-Height Movable Walls and attended commercial furnishings trade
`
`shows throughout the United States and Canada. In June 2003, I attended the
`
`NeoCon World’s Trade Fair 2003 held on June 16-18 at the Chicago Merchandise
`
`Mart, Chicago, IL (“NeoCon 2003”). NeoCon is a major annual commercial
`
`furnishing trade show attended by thousands of potential customers, designers,
`
`engineers, and others.
`
`4.
`
`I am currently a consultant to Allsteel, Inc. and have been since
`
`November 1, 2011. I have licensed my patent rights in U.S. Patent No. 6,688,056
`
`and related patents and patent applications to Allsteel, Inc. and receive a royalty for
`
`sales of the Beyond wall accused by DIRTT of infringing U.S. Patent No.
`
`
`
`2
`
`
`
`8,024,901.
`
`5.
`
`KI had a public booth at NeoCon 2003 at which it displayed products
`
`and disseminated product literature.
`
`6.
`
`Exhibit A to this Declaration, which I understand is also to be
`
`attached as an exhibit to the Petition, is a true and correct copy of a Genius® Full-
`
`Height Movable Walls brochure labeled 10615/KIA, BuyLine 4792 (the “KI
`
`Brochure”), except that I understand Exhibit A has been modified from its original
`
`form to include an exhibit stamp in the lower right hand corner of each page to
`
`conform to the Board’s procedures. As the designer of the product shown in the
`
`KI Brochure, I acquired a copy of the KI Brochure at NeoCon 2003 and have since
`
`kept my copy, which was used to generate Exhibit A.
`
`7.
`
`The KI Brochure was created in 2003, as the copyright date on the
`
`brochure indicates, for the purposes of dissemination to potential customers and
`
`others at NeoCon 2003 and for including in sales binders sent to potential
`
`customers, such as architectural and design firms.
`
`8.
`
`KI freely disseminated the Brochure to the public and had no
`
`expectation that the Brochure was to be kept confidential by recipients. Indeed,
`
`several thousand of the KI Brochures were printed for NeoCon 2003 and virtually
`
`every person that visited KI’s booth at NeoCon 2003 was offered a copy of the KI
`
`Brochure at NeoCon 2003.
`
`
`
`3
`
`
`
`9.
`
`In addition to being distributed to hundreds or thousands of Visitors to
`
`KI’s booth at NeoCon 2003, the K1 Brochure was also included in all KI sales
`
`binders widely distributed without restriction to architectural and design firms in
`
`the United States and Canada beginning in at least 2003.
`
`10.
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`11.
`
`I declare under penalty of perjury that the statements in this
`
`declaration are true and correct to the best of my knowledge.
`
`Executed:
`
`o7(f«'X 9);’.
`
`
`
`[:lM:{’ll.,L«/~*“_"_
`
`Eberliard Von I-luene
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