UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`LKQ Corporation and Keystone Automotive Industries, Inc.,
`
`Petitioners,
`
`v.
`
`GM Global Technology Operations LLC,
`
`Patent Owner.
`
`_________________
`
`U.S. Design Patent No. D813,120
`
`Filed: September 19, 2016
`
`Issued: March 20, 2018
`
`Title: Hood Panel Car
`
`__________________________
`
`DECLARATION OF MARGARET A. HERRMANN IN SUPPORT OF LKQ
`CORPORATION’S AND KEYSTONE AUTOMOTIVE INDUSTRIES,
`INC.’S PETITION FOR POST GRANT REVIEW OF U.S. DESIGN
`PATENT NO. D813,120
`
`Inter Partes Review No.: To Be Assigned
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`1
`
`LKQ - Ex. 1016 p. 1
`
`
`
`__________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`LKQ Corporation and Keystone Automotive Industries, Inc.,
`
`Petitioners,
`
`v.
`
`GM Global Technology Operations LLC,
`
`Patent Owner.
`
`_________________
`
`U.S. Design Patent No. D813,120
`
`Filed: September 19, 2016
`
`Issued: March 20, 2018
`
`Title: Hood Panel Car
`
`__________________________
`
`DECLARATION OF MARGARET A. HERRMANN IN SUPPORT OF LKQ
`CORPORATION’S AND KEYSTONE AUTOMOTIVE INDUSTRIES,
`INC.’S PETITION FOR POST GRANT REVIEW OF U.S. DESIGN
`PATENT NO. D813,120
`
`Inter Partes Review No.: To Be Assigned
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`1
`
`LKQ - Ex. 1016 p. 1
`
`
`
`U.S. Design Patent No. D813,120
`Declaration of Margaret A. Herrmann
`
`
`I, Margaret A. Herrmann, declare under penalty of perjury as follows:
`
`1.
`
`2.
`
`I am an attorney of the law firm Irwin IP LLC.
`
`I make this declaration in support of LKQ Corporation’s and Keystone
`
`Automotive Industries, Inc.’s Petition for Inter Partes Review of U.S.
`
`Design Patent No. D813,120.
`
`3.
`
`Exhibit 1001 is a true and correct copy of U.S. Design Patent No. D813,120
`
`retrieved on or about September 24, 2019 from the United States Patent and
`
`Trademark Office Public Patent Application Information Retrieval (“USPTO
`
`Public PAIR”) website.
`
`4.
`
`Exhibit 1002 is a true and correct copy of the Image File Wrapper for U.S.
`
`Design Patent No. D813,120, retrieved on or about September 24, 2019 from
`
`the USPTO Public PAIR website.
`
`5.
`
`Exhibit 1005 is a true and correct copy of a 2017 Chevrolet Sonic brochure
`
`retrieved on or about October 1, 2019
`
`from http://www.auto-
`
`brochures.com/makes/Chevrolet/Sonic/Chevrolet_US%20Sonic_2017.pdf.
`
`6.
`
`Exhibit 1006 is a true and correct copy of a 2015 Chevrolet Traverse brochure
`
`as it appeared on December 12, 2014, retrieved on or around September 27,
`
`2019 from the Internet Archive organization’s “Wayback Machine” at
`
`https://web.archive.org/web/20141212044203/http://www.auto-
`
`
`
`2
`
`LKQ - Ex. 1016 p. 2
`
`
`
`U.S. Design Patent No. D813,120
`Declaration of Margaret A. Herrmann
`
`brochures.com/makes/Chevrolet/Traverse/Chevrolet_US%20Traverse_2015.
`
`pdf.
`
`7.
`
`Exhibit 1007 is a true and correct copy of a depiction of the 2014 Chevrolet
`
`Traverse as it appeared on April 3, 2014, retrieved on or around September
`
`27, 2019 from the Internet Archive organization’s “Wayback Machine” at
`
`https://web.archive.org/web/20140403110028/http://www.auto-
`
`brochures.com/makes/Chevrolet/Traverse/Chevrolet_US%20Traverse_2014.
`
`pdf.
`
`8.
`
`Exhibit 1008 is a true and correct copy of a depiction of the 2014 Chevrolet
`
`Traverse LS retrieved on or about September 27, 2019 from “2014 Chevy
`
`Traverse LS Review Walkaround – Used Cars for Sale in Columbus Ohio”
`
`(timestamp: 4m34s), published on YouTube on March 24, 2014 by Chesrown
`
`Autos, accessible at https://www.youtube.com/watch?v=5jZ_LYGZJnU.
`
`9.
`
`Exhibit 1009 is a true and correct copy of a depiction of the 2014 Chevrolet
`
`Traverse LS retrieved on or about September 26, 2019 from “New 2014
`
`Chevrolet Traverse LS Review | 140377” (timestamp 0:06), published on
`
`YouTube on April 25, 2014, by Michael Boyer Chevrolet Cadillac Buick
`
`GMC Ltd., accessible at https://www.youtube.com/watch?v=uCF77dLIbJ4.
`
`10. Exhibit 1010 is a true and correct copy of a depiction of the 2017 Chevrolet
`
`Sonic LS retrieved on or about October 1, 2019 from “2017 Chevy Sonic LS
`
`
`
`3
`
`LKQ - Ex. 1016 p. 3
`
`
`
`U.S. Design Patent No. D813,120
`Declaration of Margaret A. Herrmann
`
`Sedan: First Person In Depth Look” (timestamp 03:33), published on
`
`YouTube on January 21, 2017, by N&T Auto Reviews, accessible at
`
`https://www.youtube.com/watch?v=yNdO0zmU5Qc.
`
`11. Exhibit 1011 is a true and correct copy of a depiction of the 2012 Chevrolet
`
`Sonic LTZ retrieved on or about October 1, 2019 from “Chevrolet Sonic
`
`LTZ 2012 Test Drive & Car Review with Ross Rapoport by RoadflyTV”
`
`(timestamp 00:58), published on May 8, 2012, by RoadflyTV, accessible at
`
`https://www.youtube.com/watch?v=W0tk7sJSD6Q.
`
`12. Exhibit 1012 is a true and correct copy of a depiction of the 2015 Chevrolet
`
`Traverse as it appeared on June 9, 2014, retrieved on or around September
`
`27, 2019 from the Internet Archive organization’s “Wayback Machine” at
`
`https://web.archive.org/web/20140609161008/http://www.chevrolet.com/co
`
`ntent/dam/Chevrolet/northamerica/usa/nscwebsite/en/Home/Vehicles/SUVs
`
`%20and%20Crossovers/2015_Traverse/Model_Overview/01_images/2015-
`
`chevrolet-traverse-crossover-suv-mo-exterior-1480x551-04.jpg.
`
`13. Exhibit 1013 is a true and correct copy of a depiction of the 2013 Chevrolet
`
`Sonic as it appeared on April 3, 2014, retrieved on or around October 1,
`
`2019 from the Internet Archive organization’s “Wayback Machine” at
`
`https://web.archive.org/web/20140403104909/http://www.auto-
`
`brochures.com/makes/Chevrolet/Sonic/Chevrolet_US%20Sonic_2013.pdf.
`
`
`
`4
`
`LKQ - Ex. 1016 p. 4
`
`
`
`U.S. Design Patent No. D813,120
`Declaration of Margaret A. Herrmann
`
`14.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that all statements made herein of my own knowledge are true and
`
`that all statements made 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 18 of the United States
`
`Code.
`
`
`
`Executed on October 2, 2019, in Chicago, Illinois.
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`/Margaret A. Herrmann/
`
`Margaret A. Herrmann
`Reg. No. 76,096
`mherrmann@irwinip.com
`222 S. Riverside Plaza, Suite 2350
`Chicago, IL 60606
`
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`5
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`
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`LKQ - Ex. 1016 p. 5
`
`
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