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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`
`
`
`SECOND SUPPLEMENTAL DECLARATION OF TIM A. OSSWALD
`
`2
`
`MacNeil Exhibit 2186
`Yita v. MacNeil IP, IPR2020-01139, Page 1
`
`
`
`
`
`I, Tim A. Osswald, declare as follows:
`
`1.
`
`Unless otherwise stated, the facts stated in this Declaration are
`
`based on my personal knowledge.
`
`2.
`
`I understand that Patent Owner was permitted to file additional
`
`evidence in support of its position. I have been asked to update my declaration to
`
`include citations to the newly admitted evidence.
`
`3.
`
`My declaration, submitted as Exhibit 2041 in IPR2020-01139 and
`
`IPR2020-01142, documents my opinions in connection with these proceedings.
`
`4.
`
`Exhibit 2126 is a Corrected Declaration of Ryan Granger
`
`(REDACTED). I have reviewed Exhibit 2126.
`
`5.
`
`Exhibit 2137 is a Chinese Patent Application No. 87212432 to
`
`Yang, filed July 29, 1998, with attached certified English-language translation. I
`
`have reviewed Exhibit 2137.
`
`6.
`
`Attached as Appendix A to this declaration is a table of the
`
`citations in Exhibit 2041, comparing original citations containing Exhibits 2023 or
`
`2042 to updated citations including Exhibits 2126 or 2137. The updated citations
`
`in Appendix A replace the original citations in the referenced portion of Exhibit
`
` declare under penalty of perjury that the foregoing is true and correct.
`
`2
`
`2041.
`
` I
`
`MacNeil Exhibit 2186
`Yita v. MacNeil IP, IPR2020-01139, Page 2
`
`
`
`
`
`
`
`Executed this _______ day of August, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Tim A. Osswald
`
`
`
`3
`
`MacNeil Exhibit 2186
`Yita v. MacNeil IP, IPR2020-01139, Page 3
`
`
`
`
`
`
`APPENDIX A
`APPENDIX A
`
`ii
`i
`
`Yita v. MacNeil IP, IPR2020-01139, Page 4
`
`MacNeil Exhibit 2186
`
`MacNeil Exhibit 2186
`Yita v. MacNeil IP, IPR2020-01139, Page 4
`
`
`
`
`
`
`Page
`Exhibit List N/A
`
`Exhibit List N/A
`
`
`
`
`
`EX2041 Citation Updates
`Original Citation
`Updated Citation
`2126 Corrected Declaration of
`Ryan Granger (REDACTED)
`
`2137 Chinese Patent Application
`No. 87212432 to Yang, filed July
`29, 1998, with attached certified
`English-language translation
`
`
`
`97
`
`103
`
`104
`
`110
`
`113
`
`113
`
`114
`
`114
`
`115
`
`EX2042, ¶¶95-116.
`
`EX2042, ¶¶117-165.
`
`EX2042, ¶¶95-116; EX2126, ¶¶95-
`116.
`
`EX2042, ¶¶117-165; EX2126,
`¶¶117-165.
`
`Lada Niva Seats. EX2042,
`¶135.
`
`Lada Niva Seats. EX2042, ¶135;
`EX2126, ¶135.
`
`EX2023, 7.
`
`EX2023, 7; EX2137, 7.
`
`EX2012, Cover Page;
`EX2023, 1.
`
`EX2012, Cover Page; EX2023, 1;
`EX2037, 1.
`
`EX2023, 2.
`
`EX2023.
`
`EX2023, 3.
`
`EX2023, 2; EX2037, 2.
`
`EX2023; EX2137.
`
`EX2023, 3; EX2137, 3.
`
`EX2023, 3 (Chinese
`Abstract of the Creation);
`see also id., 6 (describing
`using “compression molding
`technology” to form the
`floor mat), 7 (describing
`“molding” the three layers
`“by the compression
`molding technology”), 10
`
`EX2023/EX2137, 3 (Chinese
`Abstract of the Creation); see also
`id., 6 (describing using
`“compression molding technology”
`to form the floor mat), 7
`(describing “molding” the three
`layers “by the compression
`molding technology”), 10
`(claiming a structure for a vehicle
`
`iii
`
`MacNeil Exhibit 2186
`Yita v. MacNeil IP, IPR2020-01139, Page 5
`
`
`
`
`
`
`116
`
`118
`
`123
`
`123
`
`125
`
`127
`
`(claiming a structure for a
`vehicle floor mat “formed by
`the compression molding
`technology”).
`
`floor mat “formed by the
`compression molding
`technology”).
`
`EX2023, 7.
`
`EX2023, 7.
`
`EX2023, 3.
`
`EX2023, 7; EX2137, 7.
`
`EX2023, 7; EX2137, 7.
`
`EX2023, 3; EX2137, 3.
`
`EX2023, 3 (Chinese
`Abstract of the Creation);
`
`EX2023/EX2137, 3 (Chinese
`Abstract of the Creation);
`
`Furthermore, while the foam
`plate and the polyester fabric
`are thermoplastic sheets, the
`net lining, which is made of
`“tough rope yarns”
`(EX2023, 7;), is likely not a
`thermoplastic.
`
`EX1006, ¶0006 (describing
`that “multiple foam particles
`are created on the under net
`lining of the mat” and “[t]he
`mat will not move on the
`capetr [sic] by these foam
`particles”); ¶0011; EX2023,
`6 (describing using
`compression molding to
`form a vehicle floor mat that
`has “anti-slip nodes” on the
`bottom to make it slip
`resistant).
`
`Furthermore, while the foam plate
`and the polyester fabric are
`thermoplastic sheets, the net lining,
`which is made of “tough rope
`yarns” (EX2023, 7; EX2137, 7), is
`likely not a thermoplastic.
`
`EX1006, ¶0006 (describing that
`“multiple foam particles are
`created on the under net lining of
`the mat” and “[t]he mat will not
`move on the capetr [sic] by these
`foam particles”); ¶0011;
`EX2023/EX2137, 6 (describing
`using compression molding to
`form a vehicle floor mat that has
`“anti-slip nodes” on the bottom to
`make it slip resistant).
`
`
`
`iv
`
`MacNeil Exhibit 2186
`Yita v. MacNeil IP, IPR2020-01139, Page 6
`
`
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