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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 RAY SHERMAN
`
`MacNeil Exhibit 2187
`Yita v. MacNeil IP, IPR2020-01139, Page 1
`
`
`
`
`
`I, Ray Sherman, 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 2043 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 2043, 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 2043.
`
` declare under penalty of perjury that the foregoing is true and correct.
`
` I
`
`MacNeil Exhibit 2187
`Yita v. MacNeil IP, IPR2020-01139, Page 2
`
`
`
`Executed this 4 /s7 day of August, 2021.
`
`Yita v. MacNeil IP, IPR2020-01139, Page 3
`
`MacNeil Exhibit 2187
`
`MacNeil Exhibit 2187
`Yita v. MacNeil IP, IPR2020-01139, Page 3
`
`
`
`
`
`
`APPENDIX A
`APPENDIX A
`
`ii
`i
`
`Yita v. MacNeil IP, IPR2020-01139, Page 4
`
`MacNeil Exhibit 2187
`
`MacNeil Exhibit 2187
`Yita v. MacNeil IP, IPR2020-01139, Page 4
`
`
`
`
`
`
`Page
`17 N/A
`
`17 N/A
`
`
`
`EX2043 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
`
`Id., EX2042, ¶¶65-67.
`
`Id., EX2042, ¶¶65-67, EX2126, ¶¶65-67.
`
`57
`
`77
`
`77
`
`81
`
`81
`
`See EX2042, ¶¶86-155; EX2024, Figs. 3-
`4; EX1005, Figs. 3-4.
`
`EX2042, ¶¶155-65.
`
`EX2042, ¶¶86-155.
`
`See EX2042, ¶¶86-155.
`
`See EX2042, ¶¶86-155; EX2126, ¶¶86-
`155; EX2024, Figs. 3-4; EX1005, Figs. 3-
`4.
`
`EX2042, ¶¶155-65; EX2126, ¶¶155-65.
`
`EX2042, ¶¶86-155; EX2126, ¶¶86-155.
`
`See EX2042, ¶¶86-155; EX2126, ¶¶86-
`155.
`
`EX2023, Cover Page; EX2137, Cover
`Page.
`
`87
`
`EX2023, Cover Page.
`
`87
`
`87
`
`EX2023.
`
`EX2023; EX2137.
`
`EX2023, 3 (Chinese Abstract of the
`Creation).
`
`EX2023/EX2137, 3 (Chinese Abstract of
`the Creation).
`
`88-89 EX1006, Claim 6; EX2023, 3, 6, 7, 10.
`
`EX1006, Claim 6; EX2023, 3, 6, 7, 10;
`EX2137, 3, 6, 7, 10.
`
`90
`
`94
`
`96
`
`See EX1006, ¶11; EX2023, 7.
`
`See EX1006, ¶11; EX2023, 7; EX2137, 7.
`
`EX2023, 7.
`
`EX2023, 7; EX2137, 7.
`
`See EX1006, Claim 6; EX2023, 3, 6, 7,
`10.
`
`See EX1006, Claim 6; EX2023, 3, 6, 7,
`10; EX2137, 3, 6, 7, 10.
`
`99
`
`See EX2042, ¶¶86-155.
`
`See EX2042, ¶¶86-155; EX2126, ¶¶86-
`155.
`
`iii
`
`MacNeil Exhibit 2187
`Yita v. MacNeil IP, IPR2020-01139, Page 5
`
`
`
`
`
`
`113 EX2042, ¶¶30-42.
`
`114 EX2042, ¶¶43-47.
`
`118 EX2042, ¶¶73-85.
`
`EX2042, ¶¶30-42; EX2126, ¶¶30-42.
`
`EX2042, ¶¶43-47; EX2126, ¶¶43-47.
`
`EX2042, ¶¶73-85; EX2126, ¶¶73-85.
`
`118-
`119
`
`Compare EX2042, ¶78 (marketing a full
`set of custom-fit trays for approximately
`$180), with EX2062 (marketing a set of
`four universal-fit mats for approximately
`$42).
`
`Compare EX2042/EX2126, ¶78
`(marketing a full set of custom-fit trays
`for approximately $180), with EX2062
`(marketing a set of four universal-fit mats
`for approximately $42).
`
`
`
`iv
`
`MacNeil Exhibit 2187
`Yita v. MacNeil IP, IPR2020-01139, Page 6
`
`
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