`
`2002
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICK
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ELY HOLDINGS LTD,
`Petitioner,
`
`Ve
`
`WILLIAM F. 0’ KEEFFE,
`Patent Owner,
`
`Case PGR2019~0025
`Patent 9,925,709
`
`Issue Date: 27 March 2018
`
`Title: MECHANISM FOR SUPPORTING AND POSITIONING
`A GLASS FLOOR UNIT
`
`DECLARATION OF WILLIAM F. O/ KEEFFE
`
`Mail Step Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 23313-1450
`
`
`
`
`
`I, WILLIAM F, O'KEEFFE, declare as follows:
`
`1.
`2, William F. O'Keeffe,
`am over the age of 18 and am
`the president of O’Keeffe’s, Inc,,
`the owner of U.S. Patent
`
`9,925,709 (°709 Patent).
`
`2.
`
`I authorized and controlled the submission of a bid to
`
`the Webcor/Obayashi Joint venture (the “WOJV”)
`
`to install a
`
`glass floor unit.
`
`3. Ely Exhibit 1008 represents the only documents provided
`
`to WOJV showing our glass floor unit,
`
`the GPX Fire Floor, which
`
`did not include the adjustment mechanism of the *709 patent.
`
`4.
`
`I also authorized the creation of the conceptual shop
`
`drawings of Ely Exhibit 1020 to show a glass floor unit having a
`
`bomb blast resistant structure. Specifically, a bolted down
`
`plate was conceived to interpose the glass layers of the GPX
`
`Fire Floor unit to resist an upward force from a bomb blast.
`
`The adjustment mechanism of the ‘709 patent is not present in
`the conceptual shop drawings of Bly Exhibit 1020,
`
`5. Until
`
`the present Post Grant Review,
`
`the conceptual shop
`
`drawings of Ely Exhibit 1020 were never shown to anyone outside
`
`the O'Keeffe’s facility in Brisbane, California, except to the
`
`attorneys associated in the pending litigation in the United
`
`States District Court for the Northern District of California
`
`(Case No. 3:18-cv-06721) and were marked “ATTORNEY EYES ONLY”.
`
`
`
`
`
`
`
`
`
`
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`
`
`6. More specifically,
`
`the conceptual shop drawings ofEly
`
`Exhibit 1020 were not offeted or presented to anyone concerned
`
`with bid presentation of Bly Exhibit 1008.
`
`The shop drawings of
`
`this Post Grant Review of the ‘709 patent.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all stateménts mad on information
`
`and belief are believed to be true; and further that these
`
`statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 1 of the
`
`United States Code.
`
`
`
`Uijlloain §Ofayge ft"
`
`William F. O’ Keeff
`
`Executed:
`
`6 February 2020,
`
`in Brisbane, California
`
`Bly Exhibit 1020 were Gonfidential trade secret drawings until
`
`
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`been
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