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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`MacNEIL AUTOMOTIVE PRODUCTS,
`LIMITED, d/b/a WEATHERTECH,
`
`Plaintiffs,
`
`.TINTRONG'S INVALIDITY
`CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`
`)
`) C20-856 TSZ
`)
`)
`)
`)
`)
`JINRONG (SH) AUTOMOTIVE
`)
`ACCESSORY DEVELOPMENT CO., LTD.; )
`and RUI DAL
`)
`)
`)
`
`v.
`
`Defendants.
`
`Defendant, Jinrong (SH) Automotive Accessory Development Co., LTD by their
`
`undersigned attorneys, submits herewith their Invalidity Contentions and Non-Infringement
`
`Contentions, pursuant to Local Patent Rule (LPR) 121.
`
`I.
`
`INTRODUCTION
`
`Pursuant to the Scheduling Order and LPR 121, Defendant Jinrong (SH)
`
`Automotive Accessory Development Co., LTD ("Jinrong" or "Defendant") hereby
`
`provides notice of Jinrong's Initial Non-Infringement including Exhibits C and D and
`
`Jinrong's Initial Unenforceability and Invalidity Contentions including Exhibits A-1 to A-
`
`14, B-1 to B-13, C, and D, for:
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`- 1
`129645.0002/8075328.1
`
`LOWE GRAHAM JONES.
`
`701 Fifth Avenue, Suit? 4800
`sea Wash:Mgt:in 98104
`206.381.3303 • F: 2063813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 1
`
`

`

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`• Claims 1, 2, 3, 6, and 7 of U.S. Patent No. 8,382,186 ("the '186 Patent") 1
`
`• Claims 1, 4, 5, 8, 9, 12, 13, and 14 of U.S. Patent No. 8,833,834 ("the '834
`
`Patent")
`
`(collectively "Asserted Claims").
`
`Jinrong reserves the right to amend, modify, and/or supplement these Initial
`
`Contentions based on, among other things, amendments, modifications, or supplements to
`
`Plaintiff's infringement contentions, further investigation, fact or expert discovery, and/or
`
`evaluation of the scope and content of the prior art, disclosure of the parties' claim
`
`constructions, an order construing the Asserted Claims, or any other basis contemplated
`
`by the Federal Rules of Civil Procedure, the Court's Local Rules, and any other applicable
`
`order entered by the Court.
`
`Jinrong's Initial LPR 121 Contentions are based on information reasonably
`
`available at this time with respect to the Asserted Claims, are necessarily preliminary, and
`
`may require subsequent amendment, modification, and/or supplementation. Moreover,
`
`this case is in its early stages, and Jinrong has not obtained deposition testimony from any
`
`of the named inventors of the Asserted Patents or any third party. These disclosures are
`
`made without prejudice to Jinrong's right to supplement or amend its contentions as
`
`additional facts are ascertained, analyses are made, research is completed, and/or claims
`
`are construed.
`
`Because this case is in its early stages, Jinrong has not yet completed its
`
`investigation, discovery, or analysis of matters relating to the infringement, validity, or
`
`MacNeil refers to claim 4 of the '186 Patent on page 7 of its contentions but does not
`include claim 4 in its claim charts or identify any specific products that purportedly
`infringe claim 4. Therefore, claim 4 of the '186 Patent is not specifically addressed in
`these contentions, but Jinrong contends that it is not infringed and invalid for at least the
`same reasons discussed with respect to the other claims herein. Jinrong reserves the right
`to revise or amend these contentions to specifically address this claim should MacNeil
`properly allege infringement of this claim.
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-2
`129645.0002/8075328.1
`
`LOWE GRAHAM JONES-
`
`701 Fifth Avenue, Suite 4800
`Seattle, Wasiiirvton 98104
`2053813300• F:2063813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 2
`
`

`

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`enforceability of the Asserted Claims, including, without limitation, invalidity due to on-
`
`sale statutory bars, public use statutory bars or improper inventorship, or unenforceability
`
`due to inequitable conduct. The disclosures herein are not and should not be construed as
`
`a statement that no other persons have discoverable information, that no other documents,
`
`data compilations, and/or tangible things exist that Jinrong may use to support their claims
`
`or defenses, or that no other legal theories or factual bases will be pursued. Accordingly,
`
`Jinrong reserves the right to amend, modify, and supplement these Initial LPR 121
`
`Contentions as additional information is discovered, identified, or otherwise appreciated,
`
`including testimony about the Asserted Claims and the scope and content of the prior art.
`
`H. ARGUMENTS
`
`11
`
`a.
`
`Defendant's Non-Infringement Charts
`
`12
`
`13
`
`14
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`15
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`16
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`17
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`18
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`19
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`20
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`26
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`Jinrong contends that it does not infringe the Asserted Claims directly, indirectly,
`
`contributorily, literally, under the doctrine of equivalents, or willfully. Jinrong's Initial Non-
`
`Infringement Contentions are provided in Exhibit C as to the '186 Patent and in Exhibit D
`
`as to the '834 Patent.
`
`Plaintiffs infringement contentions rely exclusively on theories of indirect patent
`
`infringement found in §§ 271(b) and (c). Induced infringement under § 271(b) requires
`
`evidence that (1) a third party directly infringed the asserted claims of the patent; (2) the
`
`accused infringer induced those infringing acts; and (3) the accused infringer knew the acts
`
`it induced constituted infringement. Power Integrations, Inc. v. Fairchild Semiconductor
`
`Intl, Inc., 843 F.3d 1315, 1332 (Fed. Cir. 2016); 35 U.S.C. § 271(b). Contributory
`
`infringement requires evidence that the accused infringer sold a component especially
`
`designed for use in a patented combination or process. See 35 U.S.C. § 271(c). Additionally,
`
`contributory infringement requires proof that (1) a third party directly infringed the asserted
`
`claims of the patent; (2) the accused infringer had knowledge of the patent; (3) the
`
`component has no substantial non-infringing uses, and (4) that the component is a material
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`- 3
`129645.0002/8075328.1
`
`LOWE GRAHAM ONES-
`
`701 Path krerue, Suite
`
`206.381.33W • F
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 3
`
`

`

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`25
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`26
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`part of the claimed invention. Fujitsu Ltd. v. Netgear Inc., 620 F.3d 1321, 1326 (Fed. Cir.
`
`2010). As with induced infringement, "contributory infringement requires knowledge of the
`
`patent in suit and knowledge of patent infringement." Commil USA, LLC v. Cisco Sys., Inc.,
`
`575 U.S. 632, 135 S. Ct. 1920, 1926, 191 L. Ed. 2d 883 (2015).
`
`Given the proof required to establish indirect patent infringement under §§ 271(b)
`
`or (c), plaintiffs' infringement contentions fall woefully short. For inducement, Plaintiffs'
`
`contentions do not identify the direct infringer, they do not explain how Jinrong allegedly
`
`knew about the patent prior to engaging in the infringing conduct, they do not explain how
`
`Jinrong induced the acts of direct infringement, and they do not explain how Jinrong
`
`supposedly knew that the acts it induced constituted direct infringement. For contributory
`
`infringement, plaintiffs' contentions do not identify the component, they do not explain how
`
`this (unidentified) component lacks any substantial non-infringing use, and they do not
`
`explain how this (unidentified) component formed a material part of any patented article or
`
`process. In short, plaintiffs' infringement contentions do not satisfy LPR 120(d) and they
`
`should be stricken.
`
`Additionally, MacNeil's infringement contentions accuse 102 different SKUs of
`
`infringement, all having different shapes, features, and thicknesses. MacNeil only charts a
`
`single accused SKU ("Jinrong/Perfit Part No. 101811 for 2013-2017 Honda Accord"), and
`
`claims—without support—that this single SKU is "representative" of all 102 accused
`
`SKUs. Without more information as to why this single SKU is representative of all accused
`
`SKUs, MacNeil has failed to comply with LPR 120(c) and its contentions as to any
`
`uncharted products that are accused should be stricken for failing to comply with LPR
`
`120(c).
`
`Finally, as explained in Jinrong's non-infringement charts for the single accused
`
`product charted by MacNeil, the infringement contentions are ambiguous or incomplete in
`
`several respects because they fail to "identifly] specifically where each element of each
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-4
`
`129645.0002/8075328.1
`
`LOWE GRAHAM ONES
`
`701 Fifth Avenue, Suite 4800
`Seattle, Washington 48104
`206.381.3300 • F: 2063813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 4
`
`

`

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`26
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`Asserted Claim is found within each Accused Device" as required by LPR 120(c). Thus,
`
`for these reasons, MacNeil's infringement contentions as to the single product charted
`
`should be stricken for failing to show how each element of each asserted claim can be found
`
`in the single accused product for which a chart was submitted, i.e., the "Jinrong/Perfit Part
`
`No. 101811 for 2013-2017 Honda Accord."
`
`b.
`
`Defendant's List of Prior Art
`on=
`nu
`
`U.S. Pre—Grant Publication No.
`2002/0045029 ("Yung")
`
`=Co
`
`qi
`
`U.S.
`
`~.LyS#2
`
`April 18, 2002
`
`DE4000877 ("Weitbrecht")
`
`Germany
`
`July 18, 1991
`
`WO 95/34443 ("Vidal")
`
`PCT/France
`
`December 21, 1995
`
`FR2547252 ("Rabbe")
`
`France
`
`December 14, 1984
`
`U.S. Patent No. 6,817,649 ("S anesic") U.S.
`
`U.S. Patent No. 4,828,898 ("Bailey")
`
`U.S. Patent No. 6,905,650 ("McIntosh
`'650")
`EP0022702B1 ( Lahaye Bl")
`
`U.S.
`
`U.S.
`
`EPO/France
`
`U.S. Patent No. 4,377,614 ("Alfter")
`
`U.S.
`
`U.S. Patent No. 4,568,581 ("Peoples")
`
`U.S.
`
`November 16, 2004
`(filed March 19, 2003)
`
`May 9, 1989
`
`June 14, 2005 (filed
`November 5, 2001)
`October 13, 1982
`
`March 22, 1983
`
`February 4, 1986
`
`U.S. Patent No. 4,673,207 ("Reynolds") U.S.
`
`June 16, 1987
`
`U.S. Patent No. 4,958,876 ("Diaco")
`
`U.S.
`
`September 25, 1990
`
`U.S. Patent No. 5,298,319 ("Donahue") U.S.
`
`March 29, 1994
`
`U.S. Patent No. 6,793,872 ("Buss")
`
`U.S. Patent No. 6,953,545 ("Tyler")
`
`U.S.
`
`U.S.
`
`U.S. Patent No. D442,530 ("L '530") U.S.
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-5
`129645.0002/8075328.1
`
`September 21, 2004
`(filed June 16, 2000)
`October 11, 2005
`(filed September 30,
`1999)
`May 22, 2001
`
`LOWE GRAN
`
`JONES,.
`
`701 Fifth Avenue, Suite 4800
`Seattle, Washington 98104
`205.381.3303 • F: 2053813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 5
`
`

`

`1
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`2
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`3
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`11
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`12
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`13
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`14
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`15
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
`
`U.S. Patent No. D489,306 ("Kraines")
`
`U.S.
`
`U.S. Patent No. D454,321 ("Lu '321") U.S.
`
`May 4, 2004 (filed
`August 27, 2003)
`March 12, 2002
`
`U.S. Patent No. 7,444,748 ("MacNeil") U.S.
`
`November 4, 2008
`
`U.S. Patent No. 2,057,873 ("Atwood") U.S.
`
`October 20, 1936
`
`U.S. Patent No. 2,657,948
`("Sturtevant")
`U.S. Patent No. 6,361,099 ("McIntosh
`'099")
`U.S. Patent No. 4,420,180 ("Dupont")
`
`U.S. Patent No. 4,280,729
`("Morawski")
`EP0379630 ("Sagona")
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`November 3, 1953
`
`March 26, 2002
`
`December 13, 1983
`
`July 28, 1981
`
`EPO/Italy
`
`August 1, 1990
`
`U.S. Patent No. 3,390,912 ("Stata")
`
`U.S.
`
`July 2, 1968
`
`U.S. Patent No. 6,027,782 ("Sherman") U.S.
`
`February 22, 2000
`
`JP 1111-268570 ("Suzuki")
`
`U.S. Patent No. 8,910,955
`"Buttazzoni"
`U.S. Patent No. 6,058,618
`("Hemmelgarn")
`KR100329298B1
`
`Japan
`
`U.S.
`
`U.S.
`
`Korea
`
`October 5, 1999
`
`December 16, 2014
`
`May 9, 2000
`
`November 13, 2002
`
`EP0022702A1 ("Lahaye Al")
`
`EPO/France
`
`January 21, 1981
`
`U.S. Patent No. 3,852,146 ("Squier")
`
`U.S. Patent No. 4,801,169 ("Queen")
`
`U.S.
`
`U.S.
`
`U.S. Patent No. 6,129,402 ("Carriere") U.S.
`
`December 3, 1974
`
`January 31, 1989
`
`October 10, 2000
`
`1 k • o
`
`°
`
`tory
`
`Thermoforming: A Plastics
`Processing Guide, 2nd Edition
`("Gruenwald")
`Understanding Thermoforming
`("Throne I")
`
`43
`
`i
`
`1998
`
`h--'
`G.
`Gruenwald
`
`g
`
`•
`CRC Press
`
`1996
`
`J. Throne Hauser
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-6
`1296450002/8075328.1
`
`LOWE GRAHAM .)ONES.-.
`
`701 Fifth Avenue, suite 4803
`Seattle, Washington 98104
`206,381.3300 - F:: 2€6.381.33©1
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 6
`
`

`

`1
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`2
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`4
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
`
`21
`
`22
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`23
`
`24
`
`25
`
`26
`
`Understanding Thermoforming,
`2nd Edition ("Throne II")
`DOW HDPE DGDA-5004 NT 7
`Data Sheet
`Armor
`Black
`Advertisement
`
`Web
`
`Husky Liner Advertisement
`
`Plastic Extrusion Tolerance
`Guide
`Plastics Engineering Handbook
`of the Society of the Plastics
`Industry, Inc., Fifth Edition
`
`2008
`
`J. Throne Hamer
`
`Dow
`
`Dow
`
`10,
`
`October
`2003
`On or before
`April 20, 1999
`
`Black
`Armor
`
`24,
`
`Husky
`
`August
`2000
`May 15, 2012 Alpha
`Plastics
`Michael L.
`Berins
`
`1991
`
`Black Armor
`
`Husky
`
`Alpha Plastics
`
`Van Nostrand
`Reinhold
`
`e
`
`u
`
`10
`
`"do/
`
`it
`
`te
`
`WeatherTech FloorLiner for Honda
`Accord
`
`early
`At least
`as
`
`17, August 2008
`
`
`as
`
`Black Armor Floor Guard
`
`At least as early as
`October 29, 2003
`
`Volvo Floor Mat
`
`At least as early as
`October 29, 2003
`
`Husky Liner Floor Tray (e.g.,
`models 3060, 3780)
`
`At east as early as
`October 29, 2003
`
`was
`offeror
`The
`WeatherTech
`Direct,
`was
`LLC. The offeree
`the American public.
`MacNeil; see Feb. 17,
`2012
`Information
`Disclosure Statement in
`U.S. Patent App. No.
`12/879,899
`MacNeil; see Feb. 17,
`2012
`Information
`Disclosure Statement in
`U.S. Patent App. No.
`12/879,899
`MacNeil; see Feb. 17,
`2012
`Information
`Disclosure Statement in
`U.S. Patent App. No.
`12/879,899
`
`c.
`
`Defendant's Identifications of Obviousness References or Combinations
`
`The following references alone or in combination render obvious '186 Patent Claims
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-7
`129645.000218075328.1
`
`LOWE GRAHAM JONES-
`
`701 FIRh Avenue,Suite 4803
`Seattle, Washington 98104
`208.
`• F:
`1.3301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 7
`
`

`

`1
`
`1-7 and '834 Patent Claims 1-15.
`
`2
`
`3
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`4
`
`5
`
`6
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`7
`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`19
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`20
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`21
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`26
`
`• Yung alone
`
`• Rabbe Alone
`
`• Weitbrecht alone
`
`• Floor Tray Products alone
`
`• Vidal alone
`
`• Stanesic alone
`
`• McIntosh alone
`
`• Bailey alone
`
`• MacNeil alone
`
`• MacNeil in view of Tyler
`
`• Rabbe in view of Yung and/or Gruenwald
`
`• Rabbe in view of Yung, Gruenwald, and/or Sturtevant
`
`• Rabbe in view of McIntosh and/or Yung
`
`• Rabbe in view of Buss and/or Yung
`
`• Rabbe in view of Diaco and/or Stata
`
`• Rabbe in view of Diaco and/or Carriere
`
`• Rabbe in view of McIntosh and/or Diaco
`
`• Yung or Weitbrecht in view of Floor Tray Products
`
`• Yung or Weitbrecht or Floor Tray Products in view of Vidal
`
`• Yung or Weitbrecht or Floor Tray Products in view of Rabbe
`
`• Yung or Weitbrecht or Floor Tray Products in view of Stanesic
`
`• Yung or Weitbrecht or Floor Tray Products in view of McIntosh
`
`• Squier in view of Yung
`
`• Squier in view of Weitbrecht
`
`• Squier in view of Diaco and/or Carriere
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`
`129645.0002/8075328A
`
`LOWE GRAHAM JONES..
`
`701 Fifth Avenue, Suite
`Seattle, Washirwton 98104
`206.381.3300 • r: 2052812301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 8
`
`_8
`

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`• Stanesic in view of Yung
`
`• Stanesic in view of Carriere
`
`• Any of the obviousness grounds above in view of Bailey
`
`• Any of the obviousness grounds above in view of Floor Tray Products
`
`• Any of the obviousness grounds above in view of Diaco
`
`• Any of the obviousness grounds above in view of Lu '530, Kraines, and/or
`
`Lu '321
`
`• Any of the obviousness grounds above in view of Berins
`
`• Any of the obviousness grounds above in view of Gruenwald
`
`• Any of the obviousness grounds above in view of Sturtevant
`
`• Any of the obviousness grounds above in view of KR100329298
`
`• Any of the obviousness grounds above in view of Berins, Lahaye Bl,
`
`Alfter, Peoples, Reynolds, Diaco, Donahue, Buss, Tyler, Lu '530, Kraines,
`
`and/or Lu '321
`
`• Any of the obviousness grounds above in view of Admitted Prior Art
`
`d.
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`Defendant's Claim-Mapping Charts
`
`Jinrong contends that each limitation of each of the asserted claims is taught or
`
`suggested by the above-listed prior art. Jinrong's charting of such references to the elements
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`of the asserted claims is shown in Exhibits A-1 through A-14 for the '186 Patent and in
`
`Exhibits B-1 through B-13 for the '834 Patent.
`
`Ill. CONCLUSION
`
`Dated this r d day of November, 2020
`
`LOWE GRAHAM JONES LLC
`
`ea p
`
`Mark Walters, WSBA #
`
`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-9
`129645.0002/8075328.1
`
`LOWE GRAHAM JONES,.
`
`701 Fifth Avenue, Suite 4803
`Seattle, Washington 98104
`205.381.3300 • F, 2063813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 9
`
`

`

`walters@lowegrahamjones.com
`701 Fifth Avenue, Suite 4800
`Seattle, WA 98104
`
`Attorneys for Defendant Jinrong (SH)
`Automotive Accessory Development CO.,
`LTD.
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`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
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`129645.0002/8075328.1
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`LOWE GRAHAM JONES,
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`701 Frith Avenue, Suite 48W
`Seattle, Washington 98104
`206.381.3300 • F: 206.3813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 10
`
`

`

`CERTIFICATE OF SERVICE
`
`Rischel Voigt, hereby certify that a true and correct copy of the foregoing
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`document has been served on all counsel of record via electronic mail on November 2nd,
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`2020.
`
`By: /s/Rischel Voigt
`Rischel Voigt, Paralegal
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`INVALIDITY CONTENTIONS AND NON-
`INFRINGEMENT CONTENTIONS
`-11
`129645.0002/8075328.1
`
`LOWE GRAHAM JONES
`
`701 Fifth Avenue, Suite 4800
`Seattle, Washington 98104
`206.381.3300 • F: 2063813301
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 11
`
`

`

`Invalidity of U.S. Patent No. 8,382,186 Over FR2547252 ("Rabbe")
`
`Exhibit A-4
`
`Asserted Claims of 186 Patent
`Claim 1
`1pre
`
`1. A vehicle floor tray thermoformed
`from a sheet of thermoplastic polymeric
`material of substantially uniform
`thickness, comprising:
`
`Exemplary Citations to Rabbe
`
`See claim limitations la-li.
`
`See also Rabbe at Abstract ("1. `Protection bucket' for vehicle interiors. 2. The
`invention relates to floor mats with raised edges, forming a bucket and
`providing effective protection for the floors and side walls of vehicle interiors,
`in the region of the driver's feet and those of the passengers as well as in boots,
`against water, mud, snow and other soiling. The protection bucket is produced
`from semi-rigid rubber or some other material having the same properties. The
`flexibility of the material used makes it very easy to handle
`and the rigidity holds the raised edges against the walls. 3. The floor is entirely
`covered 1. The raised edges match the shape of the passenger compaitinents 2
`and 3, and do not change the aesthetic appearance sought by the manufacturer.
`Some rims are retaining rims 4 for giving good stability to the assembly.
`Judiciously arranged handles 5 facilitate handling and installation
`of the
`protection bucket."); 1:16-31 ("The small thickness of material
`millimeters of space designed by the vehicle manufacturer,
`the desired aesthetic appearance."); Figs. 3-4.
`
`. . . few
`
`and does not change
`
`2
`
`I;
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 12
`
`

`

`la
`
`a central panel substantially conforming
`to a floor of a vehicle foot well, the
`central panel of the floor tray having at
`least one longitudinally disposed lateral
`side and at least one transversely
`disposed lateral side;
`
`To the extent the preamble is a limitation and Plaintiff contends that this
`reference does not disclose this limitation, it would have been obvious to one of
`skill in the art.
`
`See, e.g., Rabbe at Abstract ("1. `Protection bucket' for vehicle interiors. 2. The
`invention relates to floor mats with raised edges, forming a bucket and
`providing effective protection for the floors and side walls of vehicle interiors,
`in the region of the driver's feet and those of the passengers as well as in boots,
`against water, mud, snow and other soiling. The protection bucket is produced
`from semi-rigid rubber or some other material having the same properties. The
`flexibility of the material used makes it very easy to handle
`and the rigidity holds the raised edges against the walls. 3. The floor is entirely
`covered 1. The raised edges match the shape of the passenger compartments 2
`and 3, and do not change the aesthetic appearance sought by the manufacturer.
`Some rims are retaining rims 4 for giving good stability to the assembly.
`Judiciously arranged handles 5 facilitate handling and installation of the
`protection bucket."); Figs. 3-4. "The floor 1 is totally covered." Rabbe at
`Abstract. The mat "does not change the desired aesthetic aspect of the vehicle
`as designed by the manufacturer." (Rabbe, 1:24-26.) "The purpose of the
`present invention is the protection of the floors and side walls of vehicle
`interiors; it concerns automobile floor mats, in the form of a tray, the sides of
`which perfectly conform to the contour of the vehicle interior at the feet of the
`driver, those of front and rear passengers as well as front or rear trunks, for the
`purpose of ensuring effective protection against any soiling." (Id. 1:1-6.)
`
`2
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 13
`
`

`

`Central Panel
`
`Longitudinally Disposed
`Lateral Sides
`
`Transversely Disposed
`Lateral Sides
`
`Central Panel
`
`9
`
`Longitudinally Disposed
`Lateral Sides
`
`1
`
`Transversely Disposed
`Lateral Sides
`
`lb
`
`a first panel integrally formed with the
`central panel of the floor tray, upwardly
`extending from the transversely disposed providing effective protection for the floors and side walls of vehicle interiors,
`
`See, e.g., Rabbe at Abstract ("1. `Protection bucket' for vehicle interiors. 2. The
`invention relates to floor mats with raised edges, forming a bucket and
`
`3
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 14
`
`

`

`lateral side of the central panel of the
`floor tray, and closely conforming to a
`first foot well wall, the first panel of the
`floor tray joined to the central panel of
`the floor tray by a curved transition;
`
`in the region of the driver's feet and those of the passengers as well as in boots,
`against water, mud, snow and other soiling. The protection bucket is produced
`from semi-rigid rubber or some other material having the same properties. The
`flexibility of the material used makes it very easy to handle
`and the rigidity holds the raised edges against the walls. 3. The floor is entirely
`covered 1. The raised edges match the shape of the passenger compartments 2
`and 3, and do not change the aesthetic appearance sought by the manufacturer.
`Some rims are retaining rims 4 for giving good stability to the assembly.
`Judiciously arranged handles 5 facilitate handling and installation of the
`protection bucket."); 1:1-7 ("The present invention relates to the protection of
`soil and side walls of the interior of the vehicle; it concerns the car floor mats,
`shaped tub whose edges perfectly t the
`contours of the interior of [vehicle], at the foot of the driver of the front
`passenger and rear and also at the front or rear ... in order to ensure effective
`protection against all [soiling]."); Figs. 3-4. "The protective tray, produced
`from semi-rigid rubber or another material having the same properties,
`conforms to the contour of the vehicle interior, . . . ." (Rabbe, Abtstract.) "The
`walls and the bottom are produced from semi-rigid rubber or another material
`having the same properties." (Id., 3:10-11.) "The purpose of the present
`invention is the protection of the floors and side walls of vehicle interiors; it
`concerns automobile floor mats, in the form of a tray, the sides of which
`perfectly conform to the contour of the vehicle interior at the feet of the driver,
`those of front and rear passengers as well as front or rear trunks, for the purpose
`of ensuring effective protection against any soiling." (Id. 1:1-6.) "The purpose
`of the present invention is [to] perfectly conform to the contour of the vehicle
`interior at the feet of the driver, those of front and rear passengers as well as
`front or rear trunks, for the purpose of ensuring effective protection against any
`soiling." (Id., 1:1-6.)
`
`4
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 15
`
`

`

`First Panel
`
`First Pal
`
`2
`
`lc
`
`a second panel integrally formed with the
`central panel of the floor tray and the first
`panel, upwardly extending from the
`
`See, e.g., Rabbe at Abstract ("1. `Protection bucket' for vehicle interiors. 2. The
`invention relates to floor mats with raised edges, forming a bucket and
`providing effective protection for the floors and side walls of vehicle interiors,
`
`5
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 16
`
`

`

`longitudinally disposed lateral side of the
`central panel of the floor tray, and closely
`conforming to a second foot well wall,
`the second panel of the floor tray joined
`to the central panel of the floor tray and
`to the first panel of the floor tray by
`curved transitions;
`
`in the region of the driver's feet and those of the passengers as well as in boots,
`against water, mud, snow and other soiling. The protection bucket is produced
`from semi-rigid rubber or some other material having the same properties. The
`flexibility of the material used makes it very easy to handle
`and the rigidity holds the raised edges against the walls. 3. The floor is entirely
`covered 1. The raised edges match the shape of the passenger compartments 2
`and 3, and do not change the aesthetic appearance sought by the manufacturer.
`Some rims are retaining rims 4 for giving good stability to the assembly.
`Judiciously arranged handles 5 facilitate handling and installation of the
`protection bucket."); 1:1-7 ("The present invention relates to the protection of
`soil and side walls of the interior of the vehicle; it concerns the car floor mats,
`shaped tub whose edges perfectly t the
`contours of the interior of [vehicle], at the foot of the driver of the front
`passenger and rear and also at the front or rear ... in order to ensure effective
`protection against all [soiling]."); Figs. 3-4. "As shown, the protective tray
`comprises: a) a corrugated bottom (1) totally covering the floor; b) raised edges
`(2) of unequal heights conforming to the interior contour of the vehicle,
`particularly the location of the wheels (3). The walls and the bottom are
`produced from semi-rigid rubber or another material having the same
`properties." (Rabbe 3:7-11.) "The edges thereof, of unequal heights, are raised
`by several centimeters over the full periphery thereof and therefore make it
`possible to keep the dirt inside the tray thus formed." (Id. 2:14-16.) "The
`purpose of the present invention is [to] perfectly conform to the contour of the
`vehicle interior at the feet of the driver, those of front and rear passengers as
`well as front or rear trunks, for the purpose of ensuring effective protection
`against any soiling." (Id. 1:1-6.)
`
`6
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 17
`
`

`

`Pas
`
`a el
`
`Id
`
`a reservoir disposed in the central panel
`of the floor tray;
`
`See, e.g., Rabbe at Abstract ("1. `Protection bucket' for vehicle interiors. 2. The
`invention relates to floor mats with raised edges, forming a bucket and
`
`7
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 18
`
`

`

`providing effective protection for the floors and side walls of vehicle interiors,
`in the region of the driver's feet and those of the passengers as well as in boots,
`against water, mud, snow and other soiling. The protection bucket is produced
`from semi-rigid rubber or some other material having the same properties. The
`flexibility of the material used makes it very easy to handle
`and the rigidity holds the raised edges against the walls. 3. The floor is entirely
`covered 1. The raised edges match the shape of the passenger compartments 2
`and 3, and do not change the aesthetic appearance sought by the manufacturer.
`Some rims are retaining rims 4 for giving good stability to the assembly.
`Judiciously arranged handles 5 facilitate handling and installation of the
`protection bucket."); 1:1-7 ("The present invention relates to the protection of
`soil and side walls of the interior of the vehicle; it concerns the car floor mats,
`shaped tub whose edges perfectly t the
`contours of the interior of [vehicle], at the foot of the driver of the front
`passenger and rear and also at the front or rear ... in order to ensure effective
`protection against all [soiling]."); Figs. 3-4.
`
`s —
`
`--
`
`1
`
`To the extent Plaintiff contends that this reference does not disclose this
`limitation, it would have been obvious to one of skill in the art.
`
`4 --
`
`le
`
`a plurality of upstanding, hollow,
`elongate baffles disposed in the reservoir,
`each of the baffles having at least two
`ends remote from each other,
`
`See, e.g., Rabbe at Claim 3 ("[T]he bottom is striated"); 2:10-19 ("[T]he
`protection bucket comprises... a grooved base."); Figs. 3-4. Rabbe discloses
`that "the protective tray comprises: a) a corrugated bottom" and "that the
`bottom thereof is corrugated in the lengthwise direction in order to limit
`transverse slipping." Rabbe at p. 3, line 7 and p. 4, lines 17-19.
`
`8
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 19
`
`

`

`if
`
`the central panel, the first panel, the
`second panel, the reservoir and the
`baffles each having a thickness from a
`point on the upper surface to a closest
`point on the bottom surface thereof, said
`thicknesses, as a result of the tray being
`thermoformed from the sheet of
`thermoplastic polymeric material of
`
`RABBE — FIG. 3
`
`3
`
`CORRUGATED
`al
`
`CENTRAL
`PANEL
`
`d
`
`1
`
`4 ."---.
`
`To the extent Plaintiff contends that this reference does not disclose this
`limitation, it would have been obvious to one of skill in the art.
`
`See, e.g., Rabbe at 1:16-31 ("The small thickness of material ... few millimeters
`of space designed by the vehicle manufacturer, and does not change the desired
`aesthetic appearance."); Figs. 3-4. Rabbe discloses that the purpose of the tray
`is to "conform to the topography of the interior and [to] not change the
`aesthetics desired by the manufacturer." (Rabbe, Abstract.)
`
`MacNeil Exhibit 2036
`Yita v. MacNeil IP, IPR2020-01139
`Page 20
`
`

`

`substantially uniform thickness, being
`
`substantially uniform throughout the tray; 3
`
`...::,
`
`4
`
`To the extent Plaintiff
`limitation, it would have
`
`contends that this reference does
`been obvious to one of skill in
`
`not disclose this
`the art.
`
`1g
`
`the baffles each having a width, in any
`horizontal direction, of more than two
`times its thickness,
`
`See, e.g., Rabbe at Claim
`protection bucket comprises...
`
`3 ("[T]he bottom is striated");
`
`2:10-19 ("[T]he
`
`a grooved base."); Figs. 3-4.
`
`_
`
`\
`
`a
`
`1
`
`-4
`
`1 ---
`
`4
`
`To the extent Plaintiff
`limitation, it would have
`
`contends that this reference does
`been obvious to one of skill in
`
`not disclose this
`the art.
`
`l h
`
`the baffles adapted to elevate the shoe or
`foot of the occupant above fluid collected
`in the reservoir, and further adapted to
`impede lateral movement, induced by a
`change in vehicle speed or direction, of
`fluid collected in the reservoir,
`
`See, e.g., Rabbe at Abstract ("1. `Protection bucket' for vehicle interiors. 2. The
`invention relates to floor mats with raised edges, forming a bucket and
`providing effective protection for the floors and side walls of vehicle interiors,
`in the region of the driver's feet and those of the passengers as well as in