Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
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`ASSA ABLOY AB,
`ASSA ABLOY Inc.,
`ASSA ABLOY Residential Group, Inc.,
`August Home, Inc.,
`HID Global Corporation, and
`ASSA ABLOY Global Solutions, Inc.
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`Plaintiffs,
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`v.
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`Civil Action No. 3:22-cv-694-MPS
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`CPC Patent Technologies Pty. Ltd., and
`Charter Pacific Corporation Ltd.
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`Defendants.
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`I, Kevin J. Dart, swear under the penalty of perjury as follows:
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`DECLARATION OF KEVIN J. DART
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`1.
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`I am over the age of 18 and competent to testify to the matters set forth below. My
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`testimony in this declaration is based on my personal knowledge. If called as a witness, I could
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`and would testify to all of the facts set forth herein under oath.
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`2.
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`I am Chairman, Chief Executive Officer, and Managing Director of Charter Pacific
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`Corp Ltd. and its subsidiary CPC Patent Technologies Pty. Ltd. and (collectively “Charter
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`Pacific”). Charter Pacific is a diversified investment company based in Queensland, Australia.
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`CPC Patent Technologies Pty. Ltd. is the owner by assignment of U.S. Patent Nos. 9,269,208,
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`9,665,705, and 8,620,039 (“the Patents-in-Suit”).
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`3.
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`I have reviewed the complaint filed by the plaintiffs in this action on May 23, 2022
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`(“the Complaint”) including allegations that there is an “actual case and controversy” between
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`CPC Ex. 2008 – Page 001
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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`Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 2 of 7
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`Charter Pacific and plaintiffs ASSA ABLOY AB, ASSA ABLOY Inc., HID Global Corporation
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`(“HID”) and ASSA ABLOY Global Solutions, Inc. (“Hospitality”) concerning the Patents-in-
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`Suit and certain products identified in the complaint. In particular, the Complaint identifies
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`“HID’s Signo 25B” which purportedly “works with HID Mobile Access” (ECF No. 1 at ¶¶ 96-
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`97). The Complaint also generally mentions HID’s “variety of access control devices” and
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`“HID’s products and software solutions” (id. at ¶¶ 96, 99). The Complaint also generally alleges
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`that “HID and Hospitality offer software solutions that allows an individual’s mobile device
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`(e.g., smartphone or wearable) to be used to gain access to secured doors, gates, networks,
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`services, and more.” Id. at ¶ 101. The Complaint also states that “through its HID Mobile Access
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`software solution, HID offers student ID and employee badge in Apple Wallet” (id. at ¶ 102) and
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`“through its ASSA ABLOY Mobile Access software solution, Hospitality offers hotel room key
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`in Apple Wallet” (id. at ¶ 103). Finally, the Complaint generally references HID’s “biometric
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`reader products and software solutions that [allegedly] are in the same products/technology space
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`as Charter Pacific’s licensee Tapplock” and HID and Hospitality’s respective “software solutions
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`that allow an individual’s mobile device (e.g., smartphone or wearable) to act as a replacement
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`for a keycard to be used to gain access to secured doors, gates, networks, services, and more.”
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`Id., at ¶ 106.
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`4.
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`Prior to the filing of the Complaint I was generally aware of ASSA ABLOY AB,
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`ASSA ABLOY Inc., HID and Hospitality as companies in the field of security and access
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`solutions. At the time the Complaint was filed, however, neither I nor anyone else at Charter
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`Pacific, nor anyone on behalf of Charter Pacific, had conducted any infringement analysis with
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`respect to any Charter Pacific patents as to any products of ASSA ABLOY AB, ASSA ABLOY
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`Inc., HID or Hospitality, including the products described above or otherwise identified in the
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`2
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`CPC Ex. 2008 – Page 002
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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`Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 3 of 7
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`Complaint. Indeed, at the time the Complaint was filed, neither myself nor anyone at Charter
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`Pacific had ever seen the products described above or otherwise identified in the complaint.
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`Accordingly, as of the time the Complaint was filed Charter Pacific made no determination as to
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`whether the HID and Hospitality products described above or otherwise identified in the
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`Complaint infringed any of the Patents-in-Suit.
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`5.
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`Further, no one at Charter Pacific, or on behalf of Charter Pacific, has ever
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`communicated with ASSA ABLOY AB, ASSA ABLOY Inc., HID or Hospitality regarding any
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`HID or Hospitality products described above or otherwise identified in the complaint, or any of
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`Charter Pacific’s intellectual property, including the Patents-in-Suit.
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`6.
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`Prior to Plaintiffs’ filing of the Complaint, neither Charter Pacific nor anyone on its
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`behalf: (i) sent a cease and desist letter to ASSA ABLOY AB, ASSA ABLOY Inc., HID or
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`Hospitality regarding any HID or Hospitality products described above or otherwise identified in
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`the Complaint, or regarding any of Charter Pacific’s intellectual property, including the Patents-
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`in-Suit; (ii) sent a demand letter of any kind to ASSA ABLOY AB, ASSA ABLOY Inc., HID or
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`Hospitality regarding any HID or Hospitality products described above or otherwise identified in
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`the Complaint, or regarding any of Charter Pacific’s intellectual property, including the Patents-
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`in-Suit; (iii) sent a licensing offer letter to ASSA ABLOY AB, ASSA ABLOY Inc., HID or
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`Hospitality regarding any HID or Hospitality products described above or otherwise identified in
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`the Complaint, or regarding any of Charter Pacific’s intellectual property, including the Patents-
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`in-Suit; (iv) contacted by telephone, regular mail, email or any other means ASSA ABLOY AB,
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`ASSA ABLOY Inc., HID or Hospitality regarding any HID or Hospitality products described
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`above or otherwise identified in the Complaint, or regarding any of Charter Pacific’s intellectual
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`property, including the Patents-in-Suit.
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`3
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`CPC Ex. 2008 – Page 003
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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`Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 4 of 7
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`7.
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` Contrary to the assertions in the Complaint, Charter Pacific has never publicly
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`identified ASSA ABLOY AB, ASSA ABLOY Inc., HID and/or Hospitality as potential litigation
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`targets.
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`8.
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`The press release attached to the Complaint as Exhibit L (ECF No. 1-12) is dated
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`May 4, 2020 and conveys general information relating to the biometrics market as a whole as of
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`that time. The press release merely reports on data about the biometrics market generally that
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`came from a third-party market report published online at www.researchandmarkets.com entitled
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`“Biometrics – Global Market Outlook (2018-2027).” See ECF No. 1-12. The report was not
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`prepared by Charter Pacific or at the behest of Charter Pacific. The press release notes that the
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`third-party market report identifies a list of fourteen “key market players” but makes no mention
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`of any specific products or services offered by any of them. See id. at p. 2/3 (“ASSA Abloy,
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`Aware, Bio-Key, Cognitec Systems, Daon, Facebanx, Fujitsu, Fulcrum Biometrics, NEC, Precise
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`Biometrics, secunet, Securiport, Stanley Black & Decker and Thales are identified as key market
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`players.”). As is readily apparent, this list is arranged in alphabetical order. Charter Pacific did
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`not compile the list of “key market players,” nor was the list compiled at Charter Pacific’s
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`behest. Nowhere in this press release does Charter Pacific state that any of ASSA ABLOY AB,
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`ASSA ABLOY Inc., HID and/or Hospitality are litigation targets.
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`9. As noted, the press release attached to the Complaint as Exhibit L was dated May 4,
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`2020, and was therefore issued by Charter Pacific more than two years before Plaintiffs filed
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`their Complaint. During the two year period between the press release and the filing of the
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`Complaint, Charter Pacific never investigated ASSA ABLOY AB, ASSA ABLOY Inc., HID
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`and/or Hospitality for potential infringement of the Patents-in-Suit or any other Charter Pacific
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`4
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`CPC Ex. 2008 – Page 004
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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`Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 5 of 7
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`patents. During that two year period, Charter Pacific never contacted ASSA ABLOY AB, ASSA
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`ABLOY Inc., HID and/or Hospitality in any way related to the Charter Pacific patents.
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`10.
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`In the more than two years since the press release attached as Exhibit L to the
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`Complaint was issued, Charter Pacific has not sued any of the fourteen identified “key market
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`players” for infringement of any Charter Pacific patents.
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`11. Similarly, the press release attached to the Complaint as Exhibit M (ECF No. 1-13)
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`conveys information published in a third-party market report. This press release is dated May 20,
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`2020. More particularly, the press release conveys information from a third party market report
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`entitled “Automotive Biometric Identification Market” published on the
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`www.biometricupdate.com website. See ECF No. 1-13. According to the report, it was prepared
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`by an entity known as Acumen Research and Consulting. The report was not prepared by Charter
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`Pacific or at the behest of Charter Pacific. In describing the report, the press release factually
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`notes that a group of five companies were profiled in the third-party report, one of which was
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`HID. The profile of HID Global mentioned in the third-party report was not performed by
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`Charter Pacific or at the behest of Charter Pacific. Nowhere in this press release does Charter
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`Pacific state that any of ASSA ABLOY AB, ASSA ABLOY Inc., HID and/or Hospitality are
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`litigation targets
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`12.
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`In the two years since the issuance of the press release attached to the Complaint as
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`Exhibit M, Charter Pacific has not sued any of the five entities that were profiled in the
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`“Automotive Biometric Identification Market” report that was the subject of this press release.
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`5
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`CPC Ex. 2008 – Page 005
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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`

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`Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 6 of 7
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` I hereby certify under the penalty of perjury of the laws of the State of Connecticut and
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`the laws of the United States that the foregoing is true and correct to the best of my information
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`and knowledge.
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`Executed on this 22 day of August, 2022, at Queensland, Australia.
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`Kevin J. Dart
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`CPC Ex. 2008 – Page 006
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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`

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`Case 3:22-cv-00694-MPS Document 27 Filed 08/23/22 Page 7 of 7
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 23rd day of August, 2022, a copy of the foregoing document
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`was filed with the Court via the ECF filing system. As such, this document will be electronically
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`sent to the registered participants identified on the Notice of Electronic Filing (NEF) and paper
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`copies will be sent by mail to anyone unable to accept electronic filing as indicated on the Notice
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`of Electronic Filing.
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`/s/ Steven M. Coyle
`Steven M. Coyle, Esq.
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`ORAL ARGUMENT REQUESTED
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`CPC Ex. 2008 – Page 007
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01006
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