UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`THE GREEN PET SHOP ENTERPRISES,
`LLC
`
`
`
`Case No. 1:15-cv-01138
`
`Hon. Matthew F. Kennelly
`
`Plaintiff,
`
`v.
`
`MAZE INNOVATIONS, INC.
`
`Defendant.
`
`
`
`MAZE’S LPR 2.3 INITIAL NON-INFRINGEMENT
`AND INVALIDITY CONTENTIONS
`
`Pursuant to Northern District of Illinois Local Patent Rule 2.3, Defendant Maze
`
`Innovations, Inc. (“Maze”) hereby provides these Initial Non-Infringement and Invalidity
`
`Contentions. The Contentions, including the accompanying claim charts, set forth Maze’s non-
`
`infringement and invalidity contentions with respect to claims 15, 16, 18, and 19 (the “Asserted
`
`Claims”) of U.S. Patent No. 8,720,218 (“the ‘218 Patent”). These Contentions only address the
`
`non-infringement and invalidity of the Asserted Claims. As shown in Section II below, the
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`accused products identified in the Initial Infringement Contentions of Green Pet Shop
`
`Enterprises, LLC (“Green Pet”) do not infringe the Asserted Claims because they lack several of
`
`the claimed elements of the Asserted Claims. Moreover, as shown in Section III below, the
`
`Asserted Claims are invalid in view of several prior art references.
`
`I.
`
`PRELIMINARY STATEMENT
`
`These Contentions are based upon Maze’s current knowledge, current understanding of
`
`the proper construction of the Asserted Claims, current understanding of Green Pet’s
`
`contentions, and investigation to date. Maze reserves the right to amend and/or supplement its
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`Contentions. Given that the parties have not yet identified proposed terms for construction or
`
`provided proposed constructions and that the Court has not yet made any claim construction
`
`ruling in this action, Maze’s Contentions may be made in a variety of alternatives, are not
`
`intended to be consistent with each other and/or Maze’s other contentions in this action, and
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`should not be otherwise construed. Maze’s Contentions do not constitute admissions or
`
`adoptions of any particular claim scope or construction. Although Maze’s Contentions may
`
`apply constructions asserted in Green Pet’s Contentions, Maze does not acquiesce to those or any
`
`other constructions at this time. Rather, Maze’s Contentions may apply a variety of
`
`constructions in order to provide as full a disclosure as possible in advance of claim construction.
`
`Maze objects to any attempt to deduce claim constructions from its Contentions.
`
`As set forth in detail below and in the accompanying claim charts, Exhibits B-1 through
`
`B-10, the Asserted Claims are invalid over the cited prior art listed in Tables I (below) under 35
`
`U.S.C. §§ 102 and/or 103. Regarding the obviousness of certain claims under 35 U.S.C. § 103,
`
`one or more of the principles enumerated by the United States Supreme Court in KSR
`
`International Co. v. Teleflex Inc., 550 U.S. 398 (2007), apply to the Asserted Claims, including,
`
`for example:
`
`(a) combining various claimed elements known in the prior art according to
`known methods to yield a predictable result;
`
`(b) making a simple substitution of one or more known elements for another to
`obtain a predictable result;
`
`(c) using a known technique to improve a similar device or method in the same
`way;
`
`(d) applying a known technique, known device or method ready for improvement
`to yield a predictable result;
`
`(e) choosing from a finite number of identified, predictable solutions with a
`reasonable expectation of success or, in other words, the solution was one
`which was “obvious to try”;
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`(f) a known work in one field of endeavor prompting variations of it for use
`either in the same field or a different field based on given design incentives or
`other market forces in which the variations were predictable to one of ordinary
`skill in the art; and/or
`
`(g) a teaching, suggestion, or motivation in the prior art that would have led one
`of ordinary skill in the art to modify the prior art reference or to combine the
`teachings of various prior art references to arrive at the claimed invention.
`
`The above criteria are collectively referred to herein as the “KSR Criteria.”
`
`Maze’s investigation into the facts of this action is ongoing. Maze has not completed its
`
`investigation of the facts relating to this case, discovery in this action, or its preparation for trial.
`
`This disclosure is without prejudice to Maze’s right to produce evidence of any additional prior
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`art references. Maze reserves the right to modify, amend, or supplement these contentions in
`
`view of, without limitation, (1) information provided by Green Pet concerning its infringement
`
`allegations, theories, contentions, or facts supporting them; (2) information provided by Green
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`Pet concerning the alleged priority, conception, and reduction to practice dates for any of the
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`Asserted Claims; (3) any change by Green Pet in the claims it is asserting; (4) additional
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`information and prior art obtained through discovery, including without limitation discovery
`
`from Green Pet or from third parties; and (5) the Court’s claim construction order or any other
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`basis in law or in fact.
`
`The citations to the prior art provided in Maze’s invalidity contentions are intended to be
`
`exemplary, not exhaustive. Maze has endeavored to cite to the most relevant portions of the
`
`identified prior art. Other portions of the identified prior art may additionally disclose, either
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`expressly or inherently, and/or render obvious one or more elements or limitations of the
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`Asserted Claims. Maze reserves the right to rely on uncited portions of the identified prior art to
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`establish the invalidity of the Asserted Claims. Moreover, Maze reserves the right to rely on
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`uncited portions of the identified prior art, other art, or expert testimony to provide context to or
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`aid in understanding the cited portions of the identified prior art. Maze also reserves the right to
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`rely upon treatises, published industry standards, and similar documents, regardless of whether
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`they are identified in these Contentions, to demonstrate the knowledge of one of ordinary skill in
`
`the relevant art. Where Maze cites to a particular drawing or figure, the citation encompasses the
`
`description of the drawing or figure, as well as any text associated with the drawing or figure.
`
`Similarly, where Maze cites to particular text concerning a drawing or figure, the citation
`
`encompasses that drawing or figure as well. Also, where Maze cites to any portion of prior art as
`
`disclosing a particular limitation, that citation applies with equal force to all similar or identical
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`limitations in each of the Asserted Claims.
`
`The obviousness combinations of references provided below under 35 U.S.C § 103 are
`
`merely exemplary and are not intended to be exhaustive. Additional obviousness combinations
`
`of the references identified below are possible, and Maze reserves the right to use any such
`
`combinations in this litigation. In particular, Maze is currently unaware of the extent to which
`
`Green Pet may contend that limitations of the claims at issue are not disclosed in the art
`
`identified by Maze as anticipatory. To the extent that an issue arises with any such limitation,
`
`Maze reserves the right to identify other references, the addition of which may make obvious the
`
`allegedly missing limitation to the disclosed device or method of operation.
`
`II.
`
`INITIAL NON-INFRINGEMENT CONTENTIONS
`
`Local Patent Rule 2.3(a):
`
`(a) Non-Infringement Contentions shall contain a chart, responsive to the chart
`required by LPR 2.2(c), that identifies as to each identified element in each
`asserted claim, to the extent then known by the party opposing infringement,
`whether such element is present literally or under the doctrine of equivalents in
`each Accused Instrumentality and, if not, the reason for such denial and the
`relevant distinctions.
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`The chart required by LPR 2.3(a) is attached hereto as Exhibit A, and is responsive to the
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`chart attached to Green Pet’s Initial Infringement Contentions. As explained in detail in Exhibit
`
`A, Maze’s accused products do not infringe the Asserted Claims because the accused products
`
`lack essential elements for each of the Asserted Claims.
`
`Green Pet has not asserted infringement under the doctrine of equivalents in its LPR 2.2
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`submission. Specifically, Green Pet’s stated in its LPR 2.2 submission that it “reserves the right
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`to assert infringement under the doctrine of equivalents . . . after further discovery” and also did
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`not “include an explanation of each function, way, and result that is equivalent and why any
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`differences are not substantial” as required by LPR 2.2(d). Green Pet’s LPR 2.2 submission does
`
`include a nonsensical statement that “[b]ecause Maze is believed to literally infringe the asserted
`
`claims, it also infringes under the doctrine of equivalents, as set forth in Exhibit A.” This
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`statement is an incorrect statement of the law and is not an assertion of infringement under the
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`doctrine of equivalents as required by LPR 2.2(d). Accordingly, Exhibit A addresses literal
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`infringement only and Maze reserves the right to respond to an assertion of infringement under
`
`the doctrine of equivalents, if Green Pet ever makes such an assertion.
`
`III.
`
`INITIAL INVALIDITY CONTENTIONS
`
`Local Patent Rule 2.3(b):
`
`(b) Invalidity Contentions must contain the following information to the extent
`then known to the party asserting invalidity:
`
`LPR 2.3(b) contains four sub-parts, numbered (1) through (4), which are addressed in
`
`
`
`
`
`order below.
`
`A.
`
`Identification of Prior Art
`
`Local Patent Rule 2.3(b)(1):
`
`(1) identification, with particularity, of each item of prior art that allegedly
`anticipates each asserted claim or renders it obvious. Each prior art patent shall
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`be identified by its number, country of origin, and date of issue. Each prior art
`publication must be identified by its title, date of publication, and where feasible,
`author and publisher. Prior art under 35 U.S.C. § 102(b) shall be identified by
`specifying the item offered for sale or publicly used or known, the date the offer
`or use took place or the information became known, and the identity of the person
`or entity which made the use or which made and received the offer, or the person
`or entity which made the information known or to whom it was made known.
`Prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the
`person(s) from whom and the circumstances under which the invention or any
`part of it was derived. Prior art under 35 U.S.C. § 102(g) shall be identified by
`providing the identities of the person(s) or entities involved in and the
`circumstances surrounding the making of the invention before the patent
`applicant(s);
`
`Below are two tables identifying the individual items of prior art that, upon reasonable
`
`investigation, Maze believes anticipate and/or render obvious each of the Asserted Claims.
`
`Table I - U.S. Patents and Publications
`
`No. (Primary Inventor)
`
`Priority Date
`
`Issue/Pub. Date Referenced As (Range)
`
`2009/0132013 A1 (Amalfi) Sep. 21, 2007
`
`May 21, 2009
`
`MAZE_000101-123
`
`4,064,835 (Rabenbauer)
`
`Oct. 6, 1976
`
`Dec. 27, 1977
`
`MAZE_000026-28
`
`6,128,795 (Stanley)
`
`Apr. 21, 1997
`
`Oct. 10, 2000
`
`MAZE_000029-40
`
`6,132,455 (Shang)
`
`Feb. 5, 1999
`
`Oct. 17, 2000
`
`MAZE_000041-46
`
`6,210,427 (Augustine)
`
`Dec. 28, 1999
`
`Apr. 3, 2001
`
`MAZE_000047-58
`
`7,036,162 (Gatten)
`
`Sep. 10, 2003
`
`May 2, 2006
`
`MAZE_000059-65
`
`7,324,340 (Xiong)
`
`Apr. 14, 2005
`
`Jan. 29, 2008
`
`MAZE_000066-74
`
`2010/0009128 A1 (Fan)
`
`8,381,495 (Fan)
`
`Jul. 8, 2009 (U.S.)
`Jul. 9, 2008 (China)
`
`Jul. 8, 2009 (U.S.)
`Jul. 9, 2008 (China)
`
`Jan. 14, 2010
`
`MAZE_000021-25
`
`Feb. 26, 2013
`
`MAZE_000086-91
`
`
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`

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`Table II - Foreign Publications
`
`No. (Primary Inventor)
`
`Country
`
`Publication Date Referenced As (Range)
`
`CN 101305877 A (Fan)
`
`China
`
`Nov. 19, 2008
`
`CN 101305877 B (Fan)
`
`China
`
`Dec. 28, 2008
`
`CN 201452402 U (Suzhou) China
`
`May 12, 2010
`
`MAZE_000155-161
`Certified translation at:
`MAZE_000130-142
`
`MAZE_000094-100
`Certified translation at:
`MAZE_000143-154
`
`MAZE_000003-7
`Certified translation at:
`MAZE_000124-129
`
`
`Further, Green Pet asserts that Maze’s accused Chilly Mat product infringes every
`
`element of the Asserted Claims. To the extent Green Pet is correct, Maze believes that its
`
`accused Chilly Mat product is prior art under at least 35 U.S.C. § 102(a), as the accused product
`
`was known or used by others in this country since at least 2009, that is, before the invention of
`
`the ‘218 Patent. For example, Bill Whitlock had knowledge of the accused products in the U.S.
`
`on or before September 2009. Discovery is ongoing into the facts and circumstances
`
`surrounding this issue, and Maze will timely supplement its disclosures to reflect this discovery.
`
`Maze believes that Intco Industries Co., Ltd. (“Intco”) makes a product called the “cool
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`bed,” which is substantially similar to Maze’s accused Chilly Mat product, which may qualify as
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`prior art under 35 U.S.C. §§ 102(a) and/or (b). Discovery is ongoing into the facts and
`
`circumstances surrounding Intco’s “cool bed” product, and Maze will timely supplement its
`
`disclosures to reflect this discovery.
`
`B.
`
`Invalidity Under 35 U.S.C. §§ 102 and 103
`
`Local Patent Rule 2.3(b)(2):
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`007
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`(2) a statement of whether each item of prior art allegedly anticipates each
`asserted claim or renders it obvious. If a combination of items of prior art
`allegedly makes a claim obvious, each such combination, and the reasons to
`combine such items must be identified;
`
`1.
`
`Invalidity of the Asserted Claims under 35 U.S.C. § 102
`
`The Asserted Claims of the ‘218 Patent are invalid as anticipated by the following
`
`references, which discloses all of the limitations of the referenced claims either expressly and/or
`
`inherently:
`
`Anticipatory Reference
`
`Claim(s)
`
`U.S. Pat. Appl. Pub. No. 2010/0009128 (Fan)
`
`15, 16, 18, 19
`
`U.S. Pat. No. 8,381,495 (Fan)
`
`Pat. Pub. No. CN 101305877 A (Fan)
`
`Pat. Pub. No. CN 101305877 B (Fan)
`
`U.S. Pat. No. 6,210,427 (Augustine)
`
`U.S. Pat. No. 7,036,162 (Gatten)
`
`U.S. Pat. No. 7,324,340 (Xiong)
`
`U.S. Pat. No. 6,128,795 (Stanley)
`
`U.S. Pat. No. 6,132,455 (Shang)
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16
`
`15, 16
`
`15, 16
`
`15, 16
`
`15, 16
`
`15, 16
`
`U.S. Pat. Pub. No. 2009/0132013 A1 (Amalfi)
`
`
`2.
`
`Invalidity of the Asserted Claims Under 35 U.S.C. § 103
`
`
`
`The Asserted Claims of the ‘218 Patent are invalid as obvious in view of at least each of
`
`the following exemplary prior art references and combinations, whether taken alone or in
`
`combination with each other or other references discussed and/or listed in the attached invalidity
`
`charts, or in light of the state of the art at the time of the alleged invention of the ‘218 Patent:
`
`
`
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`Obviousness Theories
`
`Claim(s)
`
`Augustine in view of Fan
`
`Gatten in view of Fan
`
`Xiong in view of Fan
`
`Stanley in view of Fan
`
`Shang in view of Fan
`
`Amalfi in view of Fan
`
`Rabenbauer in view of Fan
`
`Suzhou in view of Fan
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
`15, 16, 18, 19
`
` A person of ordinary skill in the art would have combined the references in the way
`
`proposed above because each of the references is directed to cooling an object on mat. A person
`
`of ordinary skill would have been motivated in finding effective ways to cool objects and rely on
`
`other analogous art proposing solutions to the same problem. For example, a person of skill in
`
`the art would look to other cooling gels or liquids used in cooling mats to effectively cool
`
`objects. Using a different cooling gel material within a cooling mat would be a simple
`
`substitution to obtain a predictable result. The ‘218 Patent also describes that cooling pet beds
`
`“can be used during post-surgery recovery,” thus, one of ordinary skill in the art would look to
`
`other cooling products used in the medical field for pets or humans.
`
`The reason to modify each reference or to combine references also comes from (1) the
`
`nature of the problem being solved; (2) the teachings of the prior art; (3) the knowledge of
`
`persons of ordinary skill in the art; (4) the fact that all of the references teach systems,
`
`apparatuses, and methods related to the subject matter of the ‘218 patent; and (5) one would be
`
`motivated by considerations of efficiency, effectiveness, convenience, cost-savings, and
`
`
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`accessibility, to modify or combine the various teachings. Additionally, one would be motivated
`
`to address the alleged problems or achieve the purported objectives identified in the Background
`
`of the ‘218 Patent.
`
`Although all of the charts include at least one citation per element of the Asserted Claims,
`
`they do not necessarily identify each and every disclosure of the same limitation in the same
`
`reference, that is, Maze’s citations are representative, not exhaustive. Persons of ordinary skill in
`
`the art generally read a prior art reference as a whole, in the context of other publications and
`
`literature and in the context of general knowledge in the art. Accordingly, Maze may rely upon
`
`any of the prior art references included in the Tables above and on other publications and expert
`
`testimony to provide context and to aid in understanding and interpreting specific citations.
`
`Maze may also rely on uncited portions of the prior art references and the testimony of experts to
`
`support a conclusion of obviousness based on, for example, any of the KSR criteria.
`
`
`
`C.
`
`Invalidity Claims Charts
`
`Local Patent Rule 2.3(b)(3):
`
`(3) a chart identifying where specifically in each alleged item of prior art each
`element of each asserted claim is found, including for each element that such
`party contends is governed by 35 U.S.C. § 112(6), a description of the claimed
`function of that element and the identity of the structure(s), act(s), or material(s)
`in each item of prior art that performs the claimed function; and
`
`Maze submits the required charts as Exhibits B-1 through B-10 attached hereto. As
`
`mentioned above, substantial fact discovery remains to be conducted, including discovery from
`
`third parties who may be in possession of information constituting prior art. Maze, thus, reserves
`
`the right to supplement its contentions after appropriate fact discovery has been conducted.
`
`D.
`
`Invalidity Under 35 U.S.C. § 112
`
`Local Patent Rule 2.3(b)(4):
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`010
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`(4) a detailed statement of any grounds of invalidity based on indefiniteness under
`35 U.S.C. § 112(2) or enablement or written description under 35 U.S.C. §
`112(1).
`
`At this time, Maze does not raise any issues of invalidity under 35 U.S.C. § 112. Maze
`
`reserves the right to amend and/or supplement this response should Maze’s continuing
`
`investigation and discovery proceedings uncover additional information.
`
`IV. UNENFORCEABILITY CONTENTIONS
`
`Local Patent Rule 2.3(c):
`
`(c) Unenforceability contentions shall identify the acts allegedly supporting and
`all bases for the assertion of unenforceability.
`
`Maze is not presently aware of facts supporting the assertion that any claim of the ‘218
`
`Patent unenforceable. That is, Maze is not presently aware of any facts supporting the assertion
`
`of unenforceability. Maze reserves its right to supplement its contentions under LPR 2.3(c)
`
`particularly in view of the fact that fact discovery has not been taken from the inventor or any of
`
`the attorneys involved in the prosecution of the ‘218 Patent. Maze thus reserves the right to
`
`supplement its contentions after appropriate fact discovery has been conducted.
`
`Dated: June 24, 2015
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Jason A. Engel
`
`Jason A. Engel
`jason.engel@klgates.com
`Devon C. Beane
`devon.beane@klgates.com
`K&L GATES LLP
`70 West Madison Street, Suite 3100
`Chicago, Illinois 60602
`Phone: (312) 372-1121
`Fax: (312) 827-8000
`
`Attorneys for Defendant
`Maze Innovations, Inc.
`
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 24, 2015, I caused the foregoing document to be served via
`
`
`
`
`
`
`
`
`
`/s/ Jason A. Engel
`Jason A. Engel
`
`email upon the following counsel of record:
`
`Reid Eric Dammann
`Gordon & Rees LLP
`633 West Fifth Street, 52nd Floor
`Los Angeles, CA 90071
`(213) 576-5065
`Email: radammann@gordonrees.com
`
`Grant Blumenthal
`Blumenthal Law Group PC
`180 N. LaSalle Street
`Suite 3700
`Chicago, IL 60601
`3129815055
`Fax: 3124167963
`Email: gblumenthal@blumenthal-law.com
`
`
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`
`
`Exhibit A
`
`Exhibit A
`
`013
`
`013
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`
`Exhibit A
`
`U.S. Patent No. 8,720,218
`
`Non-Infringement Contentions
`
`15 a A cooling platform for cooling an object, the
`platform comprising:
`
`This element is not present in Maze’s accused Chilly Mat products because
`one or more elements below are not satisfied.
`
`
`
`
`
`b a temperature regulation layer, the
`temperature regulation layer having an angled
`segment formed by a top side and a bottom
`side at a predefined distance, and channels,
`wherein the channels form sides by contacting
`the top side with the bottom side; and
`
`c a pressure activated recharging cooling
`composition within the temperature regulation
`layer, the pressure activated recharging
`cooling composition endothermically
`activated and endothermically deactivated
`upon the application and release of pressure,
`respectively.
`
`This element is not present in Maze’s accused Chilly Mat products. At the
`outset, Green Pet failed to identify a predefined distance in its Initial
`Infringement Contentions.
`Green Pet asserts that the channel limitation of this claim is satisfied by the
`“outer edges of the Accused Instrumentality.” See Initial Infringement
`Contentions at Ex. A. Green Pet’s asserted patent, however, distinguishes
`between the sealed perimeter of the device and the channels of the device.
`See ‘218 Patent at 2:23-24 (“The angled segment 120 is formed by channels
`130 and includes a sealed perimeter.”); see also cl. 16. As such, the sealed
`perimeter of Maze’s accused Chilly Mat products cannot be channels
`claimed in this claim.
`
`This element is not present in Maze’s accused Chilly Mat products. At the
`outset, Green Pet failed to identify a pressure activated recharging cooling
`composition within the temperature regulation layer in its Initial
`Infringement Contentions. Moreover, Green Pet failed to identify any
`element that is endothermically activated and endothermically deactivated
`upon the application and release of pressure.
`Further, Maze’s Chilly Mat products are not “pressure activated” in that no
`activation takes place upon pressure being applied. Maze’s Chilly Mat
`products do not include a “recharging cooling composition.” Maze’s Chilly
`Mat products are also not “endothermically activated and endothermically
`deactivated upon the application and release of pressure, respectively.”
`
`16 a A cooling platform for cooling an object, the
`platform comprising:
`
`See 15.a above.
`
`
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`1
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`
`
`
`
`Exhibit A
`
`U.S. Patent No. 8,720,218
`
`Non-Infringement Contentions
`
`b a temperature regulation layer, the
`temperature regulation layer having a plurality
`of angled segments, wherein angled segments
`within a sealed perimeter of the temperature
`regulation layer are formed by a top side and a
`bottom side at a predefined distance, and
`channels, wherein the channels substantially
`form sides by contacting the top side with the
`bottom side at a distance lesser than the
`predefined distance;
`
`This element is not present in Maze’s currently manufactured accused Chilly
`Mat products or Maze’s previously manufactured accused Chilly Mat
`products.
`At the outset, Green Pet failed to identify a predefined distance in its Initial
`Infringement Contentions. Moreover, Green Pet failed to identify a distance
`lesser than the predefined distance in its Initial Infringement Contentions.
`Further, Maze’s currently manufactured accused Chilly Mat products do not
`contain a “plurality of angled segments.” Rather, they include one segment
`sealed on each side. Maze’s currently manufactured accused Chilly Mat
`products also do not include “channels, wherein the channels substantially
`form sides by contacting the top side with the bottom side at a distance lesser
`than the predefined distance.”
`
`c a pressure activated recharging cooling
`composition within the temperature regulation
`layer, the pressure activated recharging
`cooling composition endothermically
`activated and endothermically deactivated
`upon the application and release of pressure,
`respectively.
`
`See 15.c above.
`
`18 a A cooling platform for cooling an object, the
`platform comprising:
`
`See 15.a above.
`
`
`
`2
`
`015
`
`

`
`Exhibit A
`
`U.S. Patent No. 8,720,218
`
`Non-Infringement Contentions
`
`
`
`
`
`b a temperature regulation layer, the
`temperature regulation layer having an angled
`segment formed by a top side and a bottom
`side at a predefined distance, and channels,
`wherein the channels form sides by contacting
`the top side with the bottom side; and
`
`c a pressure activated recharging cooling
`composition within the temperature regulation
`layer, the pressure activated recharging
`cooling composition endothermically
`activated and endothermically deactivated
`upon the application and release of pressure,
`respectively, the pressure activated recharging
`cooling composition comprised of water and
`polyacrylamide.
`
`See 15.b above.
`
`See 15.c above. In addition, the accused cooling composition used in Maze’s
`Chilly Mat products does not include polyacrylamide as Green Pet’s own
`evidence confirms. See Ex. 1 to Green Pet’s Initial Infringement
`Contentions. Indeed, Green Pet failed to identify polyacrylamide in any of
`the accused products.
`
`19 a A cooling platform for cooling an object, the
`platform comprising:
`
`See 16.a above.
`
`See 16.b above.
`
`b a temperature regulation layer, the
`temperature regulation layer having a plurality
`of angled segments, wherein angled segments
`within a sealed perimeter of the temperature
`regulation layer are formed by a top side and a
`bottom side at a predefined distance, and
`channels, wherein the channels substantially
`form sides by contacting the top side with the
`bottom side at a distance lesser than the
`predefined distance;
`
`3
`
`
`
`
`
`016
`
`

`
`Exhibit A
`
`U.S. Patent No. 8,720,218
`
`Non-Infringement Contentions
`
`See 18.c above.
`
`c a pressure activated recharging cooling
`composition within the temperature regulation
`layer, the pressure activated recharging
`cooling composition endothermically
`activated and endothermically deactivated
`upon the application and release of pressure,
`respectively, the pressure activated recharging
`cooling composition comprised of water and
`polyacrylamide.
`
`4
`
`
`
`
`
`
`
`017
`
`

`
`
`
`Exhibit B
`
`Exhibit B
`
`018
`
`018
`
`

`
`Exhibit B-1
`
`U.S. Patent No. 8,720,218
`
`15 a A cooling platform for cooling an object, the platform
`comprising:
`
`U.S. Pat. Appl. Pub. No. 2010/0009128 to Fan ("Fan")
`Filed July 8, 2009; published January 14, 2010
`Fan discloses a gel mat with "extremely good endothermic
`performance." Fan at Abstract.
`
`
`
`b a temperature regulation layer, the temperature regulation
`layer having an angled segment formed by a top side and a
`bottom side at a predefined distance, and channels, wherein
`the channels form sides by contacting the top side with the
`bottom side; and
`
`Fan discloses a temperature regulation layer having an angled
`segment formed by a top side and a bottom side at a
`predefined distance, and channels, wherein the channels for
`sides by contacting the top side with the bottom side: "gel mat
`includes a bag 2 which is constituted by two layers of a film
`material 1, being hermatically sealed, said film material 1
`being produced by coating a fabric cloth or flock floth 3 with
`plastic to provide two layers of different materials, and y
`folding the film material 1, a plastic layer 4 being formed as
`an internal layer of the bag 2." Fan at [0016]; see also id. at
`[0019].
`
`See also, e.g., Fig. 1:
`
`
`
`1
`
`
`
`019
`
`

`
`Exhibit B-1
`
`
`
`c a pressure activated recharging cooling composition within
`the temperature regulation layer, the pressure activated
`recharging cooling composition endothermically activated
`and endothermically deactivated upon the application and
`release of pressure, respectively.
`
`Fan discloses a pressure activated recharging cooling
`composition within the temperature regulation layer: the
`"monomer solution in the bag 2 is subjected to a
`polymerization reaction to generate a polymer gel 5, forming a
`flake gel 5 in the bag." Fan at [0016].
`
`Fan also discloses that the cooling composition has good
`endothermic performance: approximately "70% of the gel is
`constituted by water; and thus the gel mat has an extremely
`good endothermic performance." Fan at Abstract.
`
`16 a A cooling platform for cooling an object, the platform
`comprising:
`
`Fan discloses a gel mat with "extremely good endothermic
`performance." Fan at Abstract.
`
`
`
`2
`
`020
`
`

`
`Exhibit B-1
`
`
`
`b a temperature regulation layer, the temperature regulation
`layer having a plurality of angled segments, wherein angled
`segments within a sealed perimeter of the temperature
`regulation layer are formed by a top side and a bottom side at
`a predefined distance, and channels, wherein the channels
`substantially form sides by contacting the top side with the
`bottom side at a distance lesser than the predefined distance;
`
`Fan discloses a temperature regulation layer having a plurality
`of angled segments, wherein angled segments within a sealed
`perimeter of the temperature regulation layer are formed by a
`top side and a bottom side at a predefined distance: "gel mat
`includes a bag 2 which is constituted by two layers of a film
`material 1, being hermatically sealed, said film material 1
`being produced by coating a fabric cloth or flock floth 3 with
`plastic to provide two layers of different materials, and y
`folding the film material 1, a plastic layer 4 being formed as
`an internal layer of the bag 2." Fan at [0016]; see also id.at
`[0019].
`See also, e.g., Fig. 1:
`
`Fan further discloses channels, wherein the channels
`substantially form sides by contacting the top side with the
`bottom side at a distance lesser than the predefined distance:
`"several reinforcements 6 may be provided in locations inside
`the bag 2 by directly sticking the two layers of the film
`
`
`
`
`
`3
`
`021
`
`

`
`Exhibit B-1
`
`material 1 to each other when the bag 2 is manufactured." Id.
`at [0016]; see also id. at [0019]; Fig. 1.
`See also, e.g., Fig. 2:
`
`
`
`
`
`4
`
`022
`
`

`
`Exhibit B-1
`
`
`
`c a pressure activated recharging cooling composition within
`the temperature regulation layer, the pressure activated
`recharging cooling composition endothermically activated
`and endothermically deactivated upon the application and
`release of pressure, respectively.
`
`Fan discloses a pressure activated recharging cooling
`composition within the temperature regulation layer: the
`"monomer solution in the bag 2 is subjected to a
`polymerization reaction to generate a polymer gel 5, forming a
`flake gel 5 in the bag." Fan at [0016].
`
`Fan also discloses that the cooling composition has good
`endothermic performance: approximately "70% of the gel is
`constituted by water; and thus the gel mat has an extremely
`good endothermic performance." Fan at Abstract.
`
`18 a A cooling platform for cooling an object, the platform
`comprising:
`
`Fan discloses a gel mat with "extremely good endothermic
`performance." Fan at Abstract.
`
`
`
`5
`
`023
`
`

`
`Exhibit B-1
`
`
`
`b a temperature regulation layer, the temperature regulation
`layer having an angled segment formed by a top side and a
`bottom side at a predefined distance, and channels, wherein
`the channels form sides by contacting the top side with the
`bottom side; and
`
`Fan discloses a temperature regulation layer having an angled
`segment formed by a top side and a bottom side at a
`predefined distance, and channels, wherein the channels for
`sides by contacting the top side with the bottom side: "gel mat
`includes a bag 2 which is constituted by two layers of a film
`material 1, being hermatically sealed, said film material 1
`bei