`
`2002
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ELY HOLDINGS LTD.
`
`Petitioner,
`
`V.
`
`WILLIAM F. O'KEEFFE,
`Patent Owner,
`
`Case PGR2019m0025
`
`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 Stop 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.
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`I, William F. O’Keeffe,
`
`am over the age of 18 and am
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`the president of O’Keeffe's, Inc.,
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`the owner of U.S. Patent
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`9,925,709 (’709 Patent).
`
`2.
`
`I authorized and controlled the submission of a bid to
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`the Webcor/Obayashi Joint venture (the “WOJV”)
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`to install a
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`glass floor unit.
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`3. Ely Exhibit 1008 represents the only documents provided
`
`to WOJV showing our glass floor unit,
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`the GPX Fire Floor, which
`
`did not include the adjustment mechanism of the ‘709 patent.
`
`4.
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`I also authorized the creation of the conceptual shop
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`drawings of Ely Exhibit 1020 to show a glass floor unit having a
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`bomb blast resistant structure. Specifically, a bolted down
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`plate was conceived to interpose the glass layers oi the GPX
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`Fire Floor unit to resist an upward force from a bomb blast.
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`The adjustment mechanism of the ‘709 patent is not present in
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`the conceptual shop drawings of Ely Exhibit 1020.
`
`5. Until
`
`the present Post Grant Review,
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`the conceptual shop
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`drawings of Ely Exhibit 1020 were never shown to anyone outside
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`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-of Ely
`
`Exhibit 1020 were not offered or presented to anyone concerned
`
`with bid'presentation of Ely Exhibit 1008.
`
`The shop drawings of
`
`Ely Exhibit 1020 were confidential trade secret drawings until
`
`this Post Grant Review of the ‘709 patent.
`
`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements mad on informatibn
`
`and belief are believed to be true; and further that theSe
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`statementS'were made with the knowledge that willful false
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`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.
`
`fl/w‘fo I:
`
`William F. O’Keeff
`
`Executed:
`
`6 February 2020,
`
`in Brisbane, California
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