`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`Valeo North America, Inc. and Valeo Embrayages,
`Petitioners,
`
`v.
`
`Schaeffler Technologies AG & Co. KG,
`Patent Owner.
`
`__________________
`
`Case IPR2017-00442
`
`U.S. Patent No. 8,573,374
`
`__________________
`
`DECLARATION OF PASCAL HERVET
`
`Valeo Exhibit 1107, pg. 1
`
`
`
`U.S. Patent No. 8,573,374
`Declaration of Pascal Hervet
`
`I, Pascal Hervet, declare as follows:
`
`1.
`
`I am over the age of 21 and competent to make this
`
`declaration.
`
`2.
`
`Although French is my native language, I am sufficiently
`
`proficient in the English language to make this declaration in English.
`
`3.
`
`I have personal knowledge of the facts contained herein
`
`unless otherwise indicated.
`
`4.
`
`I am an employee of Valeo in Amiens, France. I have
`
`worked at Valeo for 11 years.
`
`5.
`
`In 2008, the scope of my work at Valeo included attending
`
`conferences and accessing publicly available information relating to
`
`torque converter design.
`
`6.
`
`Exhibit 1106 is an excerpt from a book including a
`
`presentation by Wolfgang Reik, entitled The Centrifugal Pendulum
`
`Absorber Calming Down the Drivetrain (“Reik”). This presentation was
`
`given at the December 2008 CTI Symposium. I attended that
`
`symposium, and I personally obtained a copy of Reik in December 2008
`
`1
`
`Valeo Exhibit 1107, pg. 2
`
`
`
`because all participants received a copy of a book containing the
`
`U.S. Patent No. 8,573,374
`Declaration of Pascal Hervet
`
`
`presentations from the symposium.
`
`7.
`
`Like me, any other interested member of the public could
`
`have obtained a copy of Reik in December 2008 by paying the
`
`symposium fee. Anyone who paid the symposium fee had access to all of
`
`the papers presented at the symposium, including the Reik paper, in
`
`the form of the book given to attendees.
`
`8.
`
`The CTI Symposium is a leading conference on the subject of
`
`automotive powertrains and transmissions. The organizers of the CTI
`
`Symposium actively solicit experts from automotive manufacturers and
`
`suppliers and institutions to submit proposals for technical
`
`presentations related to automotive transmissions and powertrains.
`
`The organizers also actively solicit attendance at the symposiums. The
`
`December 2008 CTI Symposium had over 1,000 participants, all of
`
`whom could access the Reik paper in the book and keep the copy that
`
`was given to them in the book.
`
`9.
`
`I hereby declare under penalty of perjury of the laws of the
`
`United States of America that all statements made herein of my own
`
`knowledge are true and that all statements made on information and
`
`
`
`2
`
`Valeo Exhibit 1107, pg. 3
`
`
`
`U.S. Patent No. 8,573,374
`
`Declaration of Pascal Hervet
`
`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 and that such willful false
`
`statements may jeopardize the results of these proceedings.
`
`Date3_2O16/12/01_
`
`Pascal Hervet
`
`Ainiens, France
`
`Valeo Exhibit 1107, pg. 4
`
`Valeo Exhibit 1107, pg. 4
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