`
`__________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`LKQ Corporation and Keystone Automotive Industries, Inc.,
`
`Petitioners,
`
`v.
`
`GM Global Technology Operations LLC,
`
`Patent Owner.
`
`_________________
`
`U.S. Design Patent No. D797,625
`
`Filed: August 24, 2016
`
`Issued: September 19, 2017
`
`Title: Vehicle Front Fender
`
`__________________________
`
`DECLARATION OF MARGARET A. HERRMANN IN SUPPORT OF LKQ
`CORPORATION’S AND KEYSTONE AUTOMOTIVE INDUSTRIES,
`INC.’S PETITION FOR INTER PARTES REVIEW OF U.S. DESIGN
`PATENT NO. D797,625
`
`Inter Partes Review No.: To Be Assigned
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`1
`
`LKQ - Ex. 1013 p. 1
`
`
`
`U.S. Design Patent No. D797,625
`Declaration of Margaret A. Herrmann
`
`
`I, Margaret A. Herrmann, declare under penalty of perjury as follows:
`
`1.
`
`2.
`
`I am an attorney of the law firm Irwin IP LLC.
`
`I make this declaration in support of LKQ Corporation’s and Keystone
`
`Automotive Industries, Inc.’s Petition for Inter Partes Review of U.S.
`
`Design Patent No. D797,625.
`
`3.
`
`Exhibit 1001 is a true and correct copy of U.S. Design Patent No. D797,625
`
`retrieved on October 14, 2019 from the United States Patent and Trademark
`
`Office Public Patent Application Information Retrieval (“USPTO Public
`
`PAIR”) website.
`
`4.
`
`Exhibit 1002 is a true and correct copy of the Image File Wrapper for U.S.
`
`Design Patent No. D797,625, retrieved on October 14, 2019 from the USPTO
`
`Public PAIR website.
`
`5.
`
`Exhibit 1005 is a true and correct copy of the 2018 Chevrolet Equinox
`
`brochure
`
`retrieved on December 7, 2019
`
`from http://www.auto-
`
`brochures.com/makes/Chevrolet/Equinox/Chevrolet_US%20Equinox_2018.
`
`pdf.
`
`6. Exhibit 1006 is a true and correct copy of U.S. Design Patent No. D773,340
`
`retrieved on February 5, 2020 from the USPTO Public PAIR website.
`
`7. Exhibit 1007 is a true and correct copy of the 2010 Hyundai Tucson brochure
`
`as it appeared on April 2, 2014, retrieved on November 18, 2019 from the
`2
`
`
`
`LKQ - Ex. 1013 p. 2
`
`
`
`U.S. Design Patent No. D797,625
`Declaration of Margaret A. Herrmann
`
`Internet
`
`Archive
`
`organization’s
`
`“Wayback Machine”
`
`at
`
`https://web.archive.org/web/20140402003154/http://www.auto-
`
`brochures.com/makes/Hyundai/Tucson/Hyundai_US%20Tucson_2010.pdf.
`
`8. Exhibit 1008 is a collection of true and correct images from the 2010 Hyundai
`
`Tucson brochure as those images appeared on April 2, 2014, retrieved and
`
`compiled on December 19, 2019 from the Internet Archive organization’s
`
`“Wayback
`
`Machine”
`
`at
`
`https://web.archive.org/web/20140402003154/http://www.auto-
`
`brochures.com/makes/Hyundai/Tucson/Hyundai_US%20Tucson_2010.pdf.
`
`9.
`
`Exhibit 1009 is a true and correct copy of the Image File Wrapper for U.S.
`
`Design Patent No. D773,340, retrieved on February 6, 2020 from the USPTO
`
`Public PAIR website.
`
`10. Exhibit 1010 is a true and correct copy of the Image File Wrapper for U.S.
`
`Design Patent Application Serial No. 29/516,319, retrieved on February 6,
`
`2020 from the USPTO Public PAIR website.
`
`11. Exhibit 1011 is a true and correct copy of the webpage http://www.auto-
`
`brochures.com/ with its source code as it appeared on March 13, 2014,
`
`retrieved on February 4, 2020 from the Internet Archive organization’s
`
`“Wayback
`
`Machine”
`
`at
`
`https://web.archive.org/web/20140313222453/http://www.auto-
`
`
`
`3
`
`LKQ - Ex. 1013 p. 3
`
`
`
`U.S. Design Patent No. D797,625
`Declaration of Margaret A. Herrmann
`
`brochures.com/. The introductory view of the webpage is annotated to reflect
`
`the pertinent source code data.
`
`12. Exhibit 1012 is a true and correct copy of the webpage http://www.auto-
`
`brochures.com/ with its source code as it appeared on May 17, 2014, retrieved
`
`on February 4, 2020 from the Internet Archive organization’s “Wayback
`
`Machine” at https://web.archive.org/web/20140517005107/http://www.auto-
`
`brochures.com/. The introductory view of the webpage is annotated to reflect
`
`the pertinent source code data.
`
`13.
`
`I declare under penalty of perjury under 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 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.
`
`Executed on February 6, 2020, in Chicago, Illinois.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Margaret A. Herrmann/
`
`Margaret A. Herrmann
`Reg. No. 76,096
`mherrmann@irwinip.com
`222 S. Riverside Plaza, Suite 2350
`Chicago, IL 60606
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`LKQ - Ex. 1013 p. 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
