Affidavit from Todd MacAllen
`
`Affidavit of Todd MacAllen
`Re: Creation of Softwalls and Softblocks without influence from Charles Kaisin
`
`I, Todd MacAllen of the address 1470 Venables Street, Vancouver, British Columbia, Canada,
`V5L 2G7, MAKE OATH AND AFFIRM THAT:
`
`(i)
`
`I am a designer with the following education:
`• Bear defense training - CFSC/CRFSC and Wilderness ATC, 2019
`• Licensed helicopter pilot - CPL(H) 2018
`• Master of Architecture, graduated with distinction and completed under Rosetti
`Scholarship - Dalhousie University, Halifax, Canada, 2000
`• Awarded the Royal Architecture Institute of Canada Medal for top graduating
`masters student - Dalhousie University, Halifax, Canada, 2000
`• Awarded Canadian Architect Student Award for Excellence for top thesis -
`Canada, 2001
`
`• Building Construction onsite apprenticeship training - carpentry and timber
`woodworking, stonework, concrete, 1995-1999
`• Stonework and Metal Casting - Nova Scotia College of Art and Design, Halifax,
`Canada, 1994
`• Bachelor of Environmental Design, graduated with distinction and completed L.E. Shaw
`Scholarship - Technical University of Nova Scotia, Halifax, Canada, 1993
`• Bachelor of Fine Arts - University of Victoria, Victoria, Canada, 1991
`• Sciences - University of Victoria, Victoria, Canada, 1987-1990
`
`(ii)
`
`I met Stephanie Forsythe (“Forsythe”) in 1994 during my Architecture program in
`Halifax, Canada. That same year, we were invited to be part of a large architecture project
`in a remote village in Colombia. During our stay in Colombia, Forsythe and I began
`working together.
`
`(iii) Our architecture project in Colombia allowed us to observe villager’s houses that were
`constructed over the water. The villagers, who fished for a living, built
`simple constructions and open plans, which were flexible and could be adapted to their
`environment. Families used partition walls in their houses to provide privacy. These
`partitions walls were movable and allowed airflow over top. We learned that the villagers
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`Affidavit from Todd MacAllen
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`would reposition or remove the partition walls to meet different family situations, such as
`when a family grows with children or parents and their adult children live together.
`
`(iv) While Forsythe worked as an intern Architect between 1995 and 1998,1 apprenticed for
`onsite building construction. By doing so, I was able to improve my understanding as a
`designer. In this period, I also worked with her to design and build three houses for
`clients. In addition to that, I taught design studio and sustainable construction at Technical
`University of Nova Scotia, in Halifax, Canada.
`
`(v)
`
`(vi)
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`(vii)
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`Together with Forsythe, I returned to the Master of Architecture program at Dalhousie
`University in 1999. As part of the Master program, I travelled to Gambia in West Africa to
`teach architecture and design and to continue studying open-plan houses in villages to
`accommodate changing family conditions.
`
`In 2000,1 graduated from the Master of Architecture program. After this, Forsythe and I
`moved into our first studio at Unit 206 - 869 Beatty Street, Vancouver, Canada, which
`was a hybrid work and live space. We were inspired by our experiences in Colombia, my
`experience in Gambia, and the limited amount of space in our studio in 2000, and so we
`began our study of how to partition space in a light and flexible way.
`
`In 2001, Forsythe and I entered the International Design Competition: Northern Style
`Housing Complex in Aomori (Japan), herein called “Aomori Housing Competition”. The
`objective of this competition was to mitigate suburban sprawl by designing two hundred
`apartments on a typical city block in a way that, and together with other aspects of
`community living, would make it desirable for people to live in the city centre again.
`
`(viii) Forsythe and I understood that most housing in cities all over the world is challenged by
`the economics of having to make do with small spaces. With this understanding, Forsythe
`and I developed designs through drawings and study models for the Aomori Housing
`Competition with expandible/compressible private spaces within the home that could
`borrow from and give back to a more generous gathering space for the family than would
`otherwise be possible. We realized that if bedrooms or rooms for private study and work
`could fold away when not in use an otherwise small apartment could feel quite spacious.
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`This work is the genesis for our “soft” concept of flexible interior architecture and
`furniture.
`
`(ix)
`
`Forsythe and I developed the models and drawings of the expandable/compressible private
`spaces with translucent flexible walls and ceiling, images of which are shown below and
`were submitted for the Aomori Housing Competition:
`
`(x)
`
`(xi)
`
`On February 5, 2002, the final judging of the Aomori Housing Competition took place in
`Tokyo, Japan. Forsythe and I were awarded the Grand Prize and the Commission to
`develop the design for a building site. Judges for the Aomori Housing Competition
`included Tadao Ando (Japan) and Jean Nouvel (France), who are considered by many to
`be the most famous living architects from Japan and France.
`
`In 2002, Forsythe and I further developed the “soft” concept for interior spaces, creating
`drawing, models, and prototypes. The “soft” concept included ideas related to softhouse,
`softroom, softwall, softblock, lighting, seating and tables formed from flexible translucent
`honeycomb. Some of these early prototypes of the softwall and softblock modular system,
`which were never sold, offered for sale, or made commercially available, are shown
`below. In the photo on the left, Forsythe is shown expanding a softwall prototype.
`Another softwall prototype, already expanded, and two softblock prototypes are shown in
`the background. The photo on the right shown one softwall and one softblock. These early
`prototypes did not have folding end panels or supports, which we only developed later.
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`As a results, these prototypes were not self-supporting or vertically stable standing on
`their own, rendering them prone to collapse.
`
`Photo taken 2003
`
`Photo taken 2002
`
`(xii)
`
`In 2003, Forsythe and I used our “soft” concept for interior architecture to enter three
`competitions, the 2003 First Step Housing Competition (New York, USA), the 2003
`Design Beyond East and West Competition (Korea and China), and the 2003 LighTouch
`Competition (Italy and Singapore).
`
`(xiii) By May 27, 2003, Forsythe and I registered for the 2003 First Step Housing Competition
`(New York, USA), a competition sponsored by The Architectural League of New York
`and Common Ground Community. We submitted our design to the competition by August
`25, 2003. The organizers of the competition recognized the value of Single Room
`Occupancy (SRO) housing in reducing homelessness, but that the quality of space, light,
`air and materials suffered from the challenges of making 19 small apartments per floor in
`the typical five story walk up building of New York’s Bowery neighbourhood. The
`competition brief specifically asked for ways of making the rooms not feel institutional as
`many homeless people have negative associations with institutional living situations.
`
`(xiv) For the 2003 First Step Housing Competition, Forsythe and I submitted our softhousing
`concept that included the ideas and prototypes for flexible honeycomb rooms with integral
`seating, beds, walls and ceilings along with independent flexible honeycomb benches that
`could be taken into the common areas or used anywhere. The independent flexible
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`Affidavit from Todd MacAllen
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`benches shown do not have the folding end panels. Models and plan view drawings of the
`softhousing concept that I made with MacAllen are shown below.
`
`EET.
`ST
`;
`
`19 Unit Floor Plan with some of the units contracted
`Each unit is made from a flexible honeycomb structure and so can contribute space to transform the shared/public place of the hallway.
`
`(xv) On October 28, 2003, in New York, Forsythe and I were announced as one of five (5)
`winners of the First Step Housing Competition. The judges for this competition included:
`Toshiko Mori (Architect and Chair of Architecture Department at Harvard University),
`Steven Holl (Architect and Professor Columbia University), Michael Bell (Architect and
`Professor Columbia University), Julie Eizenberg (Architect), Andrew Freear (Director,
`Rural Studio, Auburn University), Rosalie Genevro (Executive Director of the
`Architectural League) and Rosanne Haggerty (Founder and President of Common Ground
`Community) (USA)
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`(xvi) By September 17, 2003, Forsythe and I entered the 2003 Design Beyond East and West
`Competition (Korea and China). The objective of this competition was to rethink the
`modern industrial paradigm of how we build and live, to think beyond the contemporary
`models in the Eastern and Western hemispheres, and to build in a sustainable way that
`protects the health of our environment. The typical dimensions of a single child family
`apartment in Korea were given as part of the starting point for the competition.
`
`(xvii) For the 2003 Design Beyond East and West Competition, Forsythe and I submitted
`prototypes of our softrooms and softwalls, which at the time did not have folding end
`panels or supports. These prototypes were not self-supporting or vertically stable standing
`on their own, rendering them prone to collapse. We presented our “soft” concept for
`flexible use of space and efficient use of material. Our submission stated, “The
`combination of an open plan together with the Soft Walls and Soft Rooms, allows for
`making the most of space, energy and material resources.” A photo submitted for this
`competition is below, which shows Forsythe extending a prototoype that is secured to the
`wall for support. In the foreground is a softroom. In the background is another softwall
`that is secured to a wall for support on one end, and has fallen over or collapsed on the
`other end, which creates a fan design. Our submission showed the dynamic sculptural
`expression of the soft collection.
`
`(xviii) On October 15-16, 2003, the judging process for the 2003 Design Beyond East and West
`Competition took place. Forsythe and I were awarded the Golden Prize. The award
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`Affidavit from Todd MacAllen
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`ceremony and exhibition took place in January 2004 in Beijing, China. The judges for this
`competition included: Alessandro Mendini (Italy), Kazuyo Sejima (Japan), Seok-chul Kim
`(Korea), Shi-Li Zhang (China).
`
`(xix) For the 2003 LighTouch (“Light Touch”) Design Competition, hosted by Design
`Singapore and FLOS, Forsythe and I submitted “soft” concept prototypes, including our
`softrooms, and softwall and softblock modular system, which at the time did not have
`folding end panels or supports. The softwall prototypes were not self-supporting or
`vertically stable standing on their own, rendering them prone to collapse. We presented
`our “soft” concept for flexible use of space and interaction with light. In the photos below,
`we placed a light bulb behind our prototypes, which were translucent, to create a backlit
`effect. At the time, we did not have integrated lighting.
`
`(xx) On November 6, 2003, Design Singapore and FLOS announced that Forsythe and I were
`first prize winners of the 2003 LighTouch Design Competition. The judges included:
`Antonio Citterio, Designer (Italy), Piero Gandini, President, FLOS (Italy), Edmund
`Cheng, Chairman, DesignSingapore Council (Singapore), Patrick Chia, Designer,
`Designer (Singapore). Piero Gandini, the President of FLOS, said about our entry: “The
`jury intended, at a time when technology appears to be the only way to manage our lives,
`to award this elegant attitude and interaction with light that is able to create a varied and
`poetic atmosphere in the environment."
`
`(xxi) On December 23, 2003, Forsythe and I incorporated MOLO DESIGN, LTD., hereinafter
`called “MOLO”, to commercialize our softwall, softblock, and other “soft” concept
`works.
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`(xxii) In May 2004, at The International Contemporary Furniture Fair (ICFF) in New York,
`USA, Forsythe and I presented an early softwall prototype, which was not commercially
`ready or available, and our float tea lantern glass tea set, which was commercially
`available. An image from 2004 ICFF, below, shows Forsythe standing in front of a
`softwall prototype with the float tea lantern and teacups in a niche. The softwall prototype
`presented at ICFF in 2004 did not have folding end panels or supports and, as a result, was
`not self-supporting or vertically stable standing on its own. Accordingly, to resist collapse,
`the prototype and was taped to the rigid screen structure shown in the background for
`support. The prototype shown at ICFF in 2004 also did not have integrated lighting, and
`instead was backlit.
`
`(xxiii) For the 2004 ICFF tradeshow, Forsythe and I were awarded the ICFF Editor's Award -
`Best New Designer. The judges for the 2004 ICFF awards included the editors of many of
`the world’s best Architecture and design magazines: Silvia Latis of Abitare (Italy), Rita
`Catinella of Architectural Record (USA), Kelly Rude of Canadian Interiors (CA), Stefano
`Casciani of Domus (Italy), Allison Arieff of Dwell (USA), Robert Thiemann of Frame
`(Netherlands), Doretta Sperduto of House Beautiful (USA), Julie Lasky of ID (USA),
`Karen Singh of Interior Design (USA), Gilda Bojardi of Interni (France), Chantal
`Hamaide of Intramuros (France), Susan Szenasy of Metropolis (USA), Arlene Hirst of
`Metropolitan Home (USA), and Suzanne Trocme of Wallpaper (UK)
`
`(xxiv) Towards the end of 2004, Forsythe and I had developed a version of softwall and
`softblock with folding end panels and supports. At that time, the folding end panels
`included wool and Velcro to hold the end panels in the folded position. A photo of these
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`Affidavit from Todd MacAllen
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`folding end panels is below, taken between February and May of 2005 in a vacant suite at
`869 Beatty Street Vancouver (the same building our design studio was located in at the
`time), where Forsythe is shown amongst two softwalls.
`
`Photo taken 2005
`(xxv) On February 1, 2005, Forsythe and I, through MOLO, sent out a press release and started
`advertising the sale of softwalls with folding end panels and supports as available to
`purchase, intended to be the first member of MOLO’s soft collection that was
`commercially available and to be followed by the commercial release of softblocks with
`folding end panels and supports.
`
`(xxvi) In February 2005, Forsythe and I visited the Museum of Modern Art (MoMA) in New
`York, USA as part MoMA’s PS1 Young Architects Program and Competition. During our
`visit, we brought our softwall with folding end panels and supports to show Paola
`Antonelli.
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`(xxvii) On February 15, 2005, The Museum of Modem Art (MoMA) acquisitions committee
`agreed to include paper softwall into their permanent collection and they sent Forsythe
`and I a letter of their decision to acquire our softwall.
`
`(xxviii) On May 18, 2005, Forsythe and I filed a US provisional patent application no. 60/681,972
`for a partition with folding end panels and integrated fasteners
`
`(xxix) On September 23, 2005, Forsythe and I attended the Index Award ceremony in
`Copenhagen, Denmark, where we were awarded the Index Award for softwall. In 2005
`Forsythe and I had entered our softwall with the folding end panels into the Index design
`competition, which is considered the world’s biggest design award.
`
`(xxx) The judges for the Index Award included: Paola Antonelli (Curator of Design and
`Architecture, MoMA New York), Hella Jongerius (Designer, Netherlands), Dominique
`Perrault (Architect, France), Nanna Ditzel (Designer, Denmark), Pontus Wahlgren
`(Designer IDEO, USA), Arnold Wasserman (Executive Chairman of the Idea Factory,
`USA), John Heskett (Chair Professor of Design Hong Kong Polytechnic), John Adam
`Linneballe (Designer, Denmark), Alex Blanch (Headmaster PUC Design University
`CHL), Nille Juuel Sorensen (Assistant Director Arup UK), Dr. Robert Blaich (USA), Ufle
`Elbaek (Headmaster Kaos Pilots, Denmark). A quote from the judges said:
`
`“softwall is an example of excellent contemporary design, building on tradition
`and holding the promise to renew the way we think about established definitions of
`space by offering flexible partitioning within our homes, offices or public spaces.
`The INDEX: AWARD jury also wishes to compliment the members of the recently
`established design company molo for being role models to young designers. Their
`entrepreneurship has enabled them to bring their unique design ideas to life.''’
`
`(xxxi) Throughout this entire development process of the softwall and softblock modular system,
`I had no knowledge of Charles Kaisin nor of his work for Newspaper Bench, Extendible
`Bench, and K-Bench. For further clarity, I was not influenced by Charles Kaisin, nor
`Newspaper Bench, nor Extendible Bench, nor K-Bench in developing the softwall and
`softblock modular system.
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`(xxxii) Forsythe and I continued to make refinements to the softwall and softblock modular
`system.
`
`(xxxiii)By early 2007, Forsythe and I had developed integrated fasteners in the folding end panels
`that included magnets. We filed US patent application no. 11/742,984 on May 1, 2007,
`which describes this integrated magnet feature.
`
`(xxxiv)By late 2008, Forsythe and I developed internal passages that extend through the core of
`the softwalls and softblocks with LED ribbons passing through, to provide internal
`illumination. We filed US patent application no. 12/343,042 on December 23, 2008 for
`this internal passage and LED ribbon feature.
`
`(xxxv) In 2009, Forsythe and I finished developing a softwall and softblock modular system with
`monochrome folding end panels with concealed magnetic fasteners and including the
`internal passages and LED ribbon for commercial production. In March 2009, MOLO
`issued its press release to its customers introducing this softwall and softblock modular
`system with monochrome folding end panels, including the internal passages and LED
`ribbon.
`
`(xxxvi) I, with Forsythe, created these further refinements of the softwall and softblock modular
`system with monochrome folding end panels, including the internal passages and LED
`ribbon, without any influence from Charles Kaisin nor his work for Newspaper Bench,
`Extendible Bench, and K-Bench.
`
`11 /12
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`Signature of Todd MacAllen, march.
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`) ) ) ) ) ) ) ) ) ) ) )
`
`Affidavit from Todd MacAllen
`
`SWORN OR AFFIRMED BEFORE
`ME at the City of Vancouver, in the
`Province of British Columbia,
`this 22nd day of November, 2021
`
`A Notary Public / Commissioner
`For Oaths in and for the Province
`of British Columbia
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`I, Todd MacAllen, declare as follows:
`
`1.
`
`On November 22, 2021, I executed the attached Affidavit of Todd
`
`MacAllen Re: Creation of Softwalls and Softblocks without influence from Charles
`
`Kaisin (“Affidavit”).
`
`2.
`
`I hereby reaffirm, restate, and incorporate the entirety of my Affidavit
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`as though fully set forth herein.
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`3.
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`I declare under penalty of perjury under the laws of the United States
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`of America that all statements made in my Affidavit, which I hereby reaffirm,
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`restate, and incorporate in its entirety, are true and correct. I further declare that all
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`statements made in my Affidavit, which I hereby reaffirm, restate, and incorporate
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`in its entirety, of my own knowledge are true and that all statements made on
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`information and belief are believed to be true, and further that these statements were
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`made with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the
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`United States Code.
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`Dated: May 16, 2022
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`_________________________
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`Todd MacAllen
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