UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`SUPPLEMENTAL DECLARATION OF RYAN GRANGER
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 1
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`SUPPLEMENTAL DECLARATION OF RYAN GRANGER
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 1
`
`
`
`I, Ryan Granger, declare as follows:
`
`1.
`
`Unless otherwise stated, the facts stated in this Declaration are
`
`based on my personal knowledge.
`
`2.
`
`I joined WeatherTech in 2010 as a Product Development
`
`Specialist. I worked on product categories such as side window deflectors, floor
`
`trays and cargo liners. I have worked on floor tray development since I joined the
`
`company. Currently, I am Vice President of Product Development. In this
`
`position, I oversee the development and design of many product categories that
`
`WeatherTech sells, one of which is the WEATHERTECH FLOORLINER product
`
`line.
`
`3.
`
`In my declaration submitted as Exhibit 2042 in IPR2020-01139
`
`and IPR2020-01142, I provide a table showing the number of sets of WeatherTech
`
`FloorLiner floor trays sold, the number of new light vehicles sold in the US, and
`
`WeatherTech’s gross revenue from the sale of FloorLiners, by year, for the years
`
`2004 through 2020. See Exhibit 2042, ¶73. As indicated in my declaration, the
`
`source of the information in Column 3 of the table in paragraph 73, captioned
`
`“Number of new car, SUV and
`
`light
`
`truck vehicles sold
`
`in US,”
`
`is
`
`https://tradingeconomics.com, as found on February 23, 2021. See Exhibit 2042,
`
`¶73. Based on my knowledge of vehicle sales data, I believe this data to be
`
`accurate. This website is a reputable source for this type of data and one that I
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 2
`
`
`
`consider trustworthy. I and others at WeatherTech regularly use data from this
`
`website in the ordinary course of business. It is one of many websites that
`
`WeatherTech personnel rely on in the ordinary course of business.
`
`4.
`
`The information set forth in Column 2 of the table in paragraph 73
`
`of my declaration, captioned “Number of Sets Shipped to Customers,” and the
`
`information set forth in Column 4 of the table in paragraph 73 of my declaration,
`
`captioned “Gross Revenue from Customers purchasing WeatherTech FloorLiners,
`
`USD,” is a summary of sales and gross revenue information contained in business
`
`records maintained in the ordinary course of business by WeatherTech. I have
`
`verified the accuracy of this data.
`
`5.
`
`In paragraph 75 of my declaration, I state that for all WeatherTech
`
`FloorLiners sold in 2020, the percentage of foreign sales was 6%. See Exhibit
`
`2042, ¶75. This information is a summary of information contained in business
`
`records maintained in the ordinary course of business by WeatherTech. I have
`
`verified the accuracy of this data.
`
`6.
`
`In paragraph 37 of my declaration, I explain that Exhibits 2090
`
`through 2095 are claim charts applying Claim 1 of the ’186 Patent to each of six
`
`representative floor trays made by WeatherTech. See Exhibit 2042, ¶37.
`
`Specifically:
`
` EX2090, Tool No. 02554, in which is thermoformed the passenger’s
`
`3
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 3
`
`
`
`side floor tray for the 2014 – 2018 Chevrolet Silverado / Sierra
`
`1500/2500HD/3500HD Double Cab;
`
` EX2091, Tool No. 00814, in which is thermoformed the passenger’s
`
`side floor tray for the 2013 – 2018 Dodge RAM 1500 Quad Cab;
`
` EX2092, Tool No. 01846, in which is thermoformed the passenger’s
`
`side floor tray for the 2014 – 2018 Jeep Wrangler JK 4 Dr. Unlimited;
`
` EX2093, Tool No. 00944, in which is thermoformed the passenger’s
`
`side floor tray for the 2013 – 2018 Toyota 4Runner / 2014 – 2017
`
`Lexus GX460;
`
` EX2094, Tool No. 00804, in which is thermoformed the passenger’s
`
`side floor tray for the 2015 – 2018 Ford Escape; and
`
` EX2095, Tool No. 00840, in which is thermoformed the passenger’s
`
`side floor tray for the 2013 – 2017 Honda Accord.
`
`7.
`
`Each of Exhibits 2090
`
`through 2095 contains annotated
`
`photographs. With minor exceptions, that I explain below, the photographs
`
`included in Exhibits 2090 through 2095 are true and correct copies of photographs
`
`of the respective floor trays thermoformed from the tool numbers indicated for
`
`each exhibit, some of which illustrate the floor trays installed in a respective
`
`vehicle for which they were custom-designed, as well as true and correct copies of
`
`photographs of sheets of thermoplastic material used to thermoform WeatherTech
`
`4
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 4
`
`
`
`floor trays.
`
`8.
`
`In Exhibit 2091, the image appearing on page 1 is an image of a
`
`floor tray thermoformed using Tool No. 02554 instead of a tray thermoformed
`
`from Tool No. 00814. Compare Exhibit 2090 at 1 with Exhibit 2091 at 1.
`
`Although page 1 of Exhibit 2091 inadvertently illustrates a different floor tray, it is
`
`still my opinion that a floor tray thermoformed from Tool No. 00814 for 2013-
`
`2018 Dodge Ram 1500 Quad Cab (PS) is “a vehicle floor tray thermoformed from
`
`a sheet of thermoplastic polymeric material of substantially uniform thickness” as
`
`recited in Claim 1 of the ’186 Patent, as illustrated, for example, in the photographs
`
`on pages 2-15 of Exhibit 2091.
`
`9.
`
`Exhibit 2134 is a Corrected Claim Chart of ’186 Patent Claim 1 as
`
`Applied to WeatherTech Tool No. 00814 for 2013 – 2018 Dodge RAM 1500 Quad
`
`Cab (PS). The photographs included in Exhibit 2134 are true and correct copies of
`
`photographs of the respective floor tray thermoformed from the tool number
`
`indicated, some of which illustrate the floor tray installed in a respective vehicle
`
`for which it was custom-designed, as well as a true and correct copy of a
`
`photograph of sheets of thermoplastic material used to thermoform WeatherTech
`
`floor trays.
`
`10.
`
`In Exhibit 2093, the image on page 12 of a shoe positioned on top
`
`of a WeatherTech floor tray is an image of a shoe on top of a floor tray
`
`5
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 5
`
`
`
`thermoformed using Tool No. 02554 instead of a tray thermoformed from Tool
`
`No. 00944. Compare Exhibit 2090 at 12 with Exhibit 2093 at 12. Although page
`
`12 of Exhibit 2093 inadvertently illustrates a different floor tray, it is still my
`
`opinion that a floor tray thermoformed from Tool No. 00944 for 2013-2018 Toyota
`
`4Runner / 2014-2017 Lexus GX460 (PS) has baffles “adapted to elevate the shoe
`
`or foot of the occupant above fluid collected in the reservoir” as recited in Claim 1
`
`of the ’186 Patent, for example as shown in the photographs on pages 10-11 of
`
`Exhibit 2093.
`
`11.
`
`Exhibit 2136 is a Corrected Claim Chart of ’186 Patent Claim 1 as
`
`Applied to WeatherTech Tool No. 00944 for 2013 – 2018 Toyota 4Runner / 2014
`
`– 2017 Lexus GX460 (PS). The photographs included in Exhibit 2136 are true and
`
`correct copies of photographs of the respective floor tray thermoformed from the
`
`tool number indicated, some of which illustrate the floor tray installed in a
`
`respective vehicle for which it was custom-designed, as well as a true and correct
`
`copy of a photograph of sheets of thermoplastic material used to thermoform
`
`WeatherTech floor trays.
`
`12.
`
`In Exhibit 2092, the image on page 12 of a shoe positioned on top
`
`of a WeatherTech floor tray is an image of a shoe on top of a floor tray
`
`thermoformed using Tool No. 00814 instead of a tray thermoformed from Tool
`
`No. 01846. Compare Exhibit 2091 at 12 with Exhibit 2092 at 12. Although page
`
`6
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 6
`
`
`
`12 of Exhibit 2092 inadvertently illustrates a different floor tray, it is still my
`
`opinion that a floor tray thermoformed from Tool No. 01846 for 2014-2018 Jeep
`
`Wrangler JK 4 Door Unlimited (PS) has baffles “adapted to elevate the shoe or
`
`foot of the occupant above fluid collected in the reservoir” as recited in Claim 1 of
`
`the ’186 Patent, for example as shown in the photographs on pages 10-11 of
`
`Exhibit 2092.
`
`13.
`
`Exhibit 2135 is a Corrected Claim Chart of ’186 Patent Claim 1 as
`
`Applied to WeatherTech Tool No. 01846 for 2014 – 2018 Jeep Wrangler JK 4
`
`Door Unlimited (PS). The photographs included in Exhibit 2135 are true and
`
`correct copies of photographs of the respective floor tray thermoformed from the
`
`tool number indicated, some of which illustrate the floor tray installed in a
`
`respective vehicle for which it was custom-designed, as well as a true and correct
`
`copy of a photograph of sheets of thermoplastic material used to thermoform
`
`WeatherTech floor trays.
`
`14.
`
`In paragraph 46 of my declaration, I explain that Exhibits 2084
`
`through 2089 are claim charts applying Claim 1 of the ’834 Patent to each of six
`
`representative floor trays made by WeatherTech and the vehicle foot wells that
`
`they are designed to fit. See Exhibit 2042, ¶46. Specifically:
`
` EX2084, Tool No. 02554, in which is thermoformed the passenger’s
`
`side floor tray for the 2014 – 2018 Chevrolet Silverado / Sierra
`
`7
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 7
`
`
`
`1500/2500HD/3500HD Double Cab;
`
` EX2085, Tool No. 00814, in which is thermoformed the passenger’s
`
`side floor tray for the 2013 – 2018 Dodge RAM 1500 Quad Cab;
`
` EX2086, Tool No. 01846, in which is thermoformed the passenger’s
`
`side floor tray for the 2014 – 2018 Jeep Wrangler JK 4 Door
`
`Unlimited;
`
` EX2087, Tool No. 00944, in which is thermoformed the passenger’s
`
`side floor tray for the 2013 – 2018 Toyota 4Runner / 2014 – 2017
`
`Lexus GX460;
`
` EX2088, Tool No. 00804, in which is thermoformed the passenger’s
`
`side floor tray for the 2015 – 2018 Ford Escape; and
`
` EX2089, Tool No. 00840, in which is thermoformed the passenger’s
`
`side floor tray for the 2013 – 2017 Honda Accord.
`
`15.
`
`Each of Exhibits 2084
`
`through 2089 contains annotated
`
`photographs. With minor exceptions, that I explain below, the photographs
`
`included in Exhibits 2084 through 2089 are true and correct copies of photographs
`
`of the respective floor trays thermoformed from the tool numbers indicated for
`
`each exhibit, some of which illustrate the floor trays installed in the respective
`
`vehicle for which they were custom-designed, as well as true and correct copies of
`
`photographs of the respective vehicle foot wells and sheets of thermoplastic
`
`8
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 8
`
`
`
`material used to construct WeatherTech floor trays.
`
`16.
`
`Although Exhibits 2088 and 2089 are representative of different
`
`floor tray models (trays thermoformed from Tool No. 00804 and Tool No. 00840,
`
`respectively), Exhibits 2088 and 2089 appear to contain the same photograph (of
`
`the same tray) on page 11 of Exhibit 2088 and page 12 of Exhibit 2089 (although
`
`the respective photographs have different annotations). Despite this oversight in
`
`the claim charts, it is still my opinion that the floor trays thermoformed from Tool
`
`No. 00804 and Tool No. 00840 both meet the limitation “a thickness of the central
`
`panel and of the first, second, and third tray walls measured between the outer
`
`surface and the inner surface thereof being substantially uniform throughout the
`
`tray” as recited in Claim 1 of the ’834 Patent.
`
`17.
`
`Exhibit 2132 is a Corrected Claim Chart of ’834 Patent Claim 1 as
`
`Applied to WeatherTech Tool No. 00804 for 2015 – 2018 Ford Escape (PS). The
`
`photographs included in Exhibit 2132 are true and correct copies of photographs of
`
`the respective floor tray thermoformed from the tool number indicated, some of
`
`which illustrate the floor tray installed in a respective vehicle for which it was
`
`custom-designed, as well as true and correct copies of photographs of the
`
`respective vehicle foot well and sheets of thermoplastic material used to
`
`thermoform WeatherTech floor trays.
`
`18.
`
`Exhibit 2133 is a Corrected Claim Chart of ’834 Patent Claim 1 as
`
`9
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 9
`
`
`
`Applied to WeatherTech Tool No. 00840 for 2013 – 2017 Honda Accord (PS).
`
`The photographs included in Exhibit 2133 are true and correct copies of
`
`photographs of the respective floor tray thermoformed from the tool number
`
`indicated, some of which illustrate the floor tray installed in a respective vehicle
`
`for which it was custom-designed, as well as true and correct copies of
`
`photographs of the respective vehicle foot well and sheets of thermoplastic
`
`material used to thermoform WeatherTech floor trays.
`
`10
`
`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 10
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 26 day ofMay, 2021.
`
`Ryan Gat
`
`d
`
`11
`
`MacNeil Exhibit 2127
`
`Yita v. MacNeil IP, IPR2020-01139
`Page 11
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`
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`MacNeil Exhibit 2127
`Yita v. MacNeil IP, IPR2020-01139
`Page 11
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`
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