Ex. 2002 -Declaration of Abhijeet A. Khangar
`
`
`PGR2020-00056
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APEX TOOL GROUP, LLC,
`Petitioner,
`
`V.
`
`MIL W AUK.EE ELECTRIC TOOL CORPORATION,
`
`Patent Owner.
`
`Case No. PGR2020-00056
`
`Patent 10,422,617
`
`
`
`DECLARATION OF ABIDJEET A. KHANGAR
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 1
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`
`PGR2020-00056
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APEX TOOL GROUP, LLC,
`Petitioner,
`
`V.
`
`MIL W AUK.EE ELECTRIC TOOL CORPORATION,
`
`Patent Owner.
`
`Case No. PGR2020-00056
`
`Patent 10,422,617
`
`
`
`DECLARATION OF ABIDJEET A. KHANGAR
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 1
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Ex. 2002 - Declaration of Abhijeet A. Khangar
`PGR2020-00056
`
`I, Abhijeet A. Khangar, declare:
`
`1.
`
`I am currently the Vice President of Engineering at Milwaukee Electric
`
`Tool Corporation ("Milwaukee Tool"). Before my promotion to Vice President of
`
`Engineering, I was the Director ofNew Product Development (NPD) Engineering
`
`at Milwaukee Tool. I am receiving no extra compensation for providing this
`
`declaration other than my normal compensation for my employment with
`
`Milwaukee Tool. Unless otherwise stated, I have personal knowledge of the
`
`following facts and, if called upon, I would and could testify completely to them.
`
`2.
`
`I am an inventor on U.S. Patent No. 10,422,617, which is entitled
`
`"Tape Measure with Tape Blade Profile Increasing Tape Standout." I understand
`
`that the validity of this patent has been challenged and that the "CA WB 55 deg"
`
`tape measure design (which I will refer to as "CA WB 55 deg tape measure design"
`
`or "CA WB 55 deg" for simplicity herein) identified in Table 3 of the patent has
`
`been relied on as a part of the challenge to the patent's validity. For reference, the
`
`header of Table 3 is reproduced below and the reference to CA WB 55 deg has been
`
`highlighted:
`
`JJesi.,u:
`Par:imc·e~
`
`Prior 1'11 I
`(C..\ WB
`7K jegl
`
`Pri:>r .-\: t 2
`( \\\ B
`
`Pr01otvpe l
`l3~ r=w
`Deep ·
`
`Pro10-y:1<: 2
`(3:; :'W
`Deep!
`
`Prototvpc J
`(3:-, fW)
`
`Pr0101vpc 4
`(3tl f\V)
`
`?r,,totype ~
`, 3:-- Su;:,er
`JCc'p)
`
`:.1rctctype :J
`(38 Super
`::Jeep)
`
`T.\ BLE 3
`
`3.
`
`CA WB is an acronym used at Milwaukee Tool, and the acronym
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 2
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Ex. 2002 - Declaration of Abhijeet A. Khangar
`PGR2020-00056
`
`stands for "Canadian Wide Blade." Around January of 2016, we began an
`
`engineering project (the "CA WB project") to design and build tape measure
`
`blades for the Canadian market that would have a standout of greater than 9 feet,
`
`and ideally even more. The CA WB 55 deg tape measure design referred to in
`
`Table 3 of the patent was one of the prototypes developed during the CA WB
`
`project. The CA WB 78 deg tape measure design (which I will refer to as "CA WB
`
`78 deg tape measure design" or "CA WB 78 deg" for simplicity herein) that is also
`
`referred to in Table 3 of the patent was another one of the prototypes we
`
`developed during the CA WB project.
`
`4.
`
`The CA WB 55 deg tape measure design went through internal
`
`engineering and market feasibility studies. During those internal studies, we
`
`identified potential mass production issues with the CA WB 55 deg tape measure
`
`design during our qualification build phase that created a potential for a high scrap
`
`rate and negative feedback, which made the CA WB 5 5 deg tape measure design
`
`commercially impractical at that time. The CA WB 55 deg tape measure design
`
`thus was not approved for commercialization.
`
`5.
`
`On May 8, 2017 we held a meeting to discuss the status of the CA WB
`
`5 5 deg and 78 deg tape measure designs. An excerpt of a presentation from this
`
`meeting is attached as Appendix A. This presentation was created under my
`
`direction, and this is a true and correct copy of the presentation that I have
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 3
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Ex. 2002 - Declaration of Abhijeet A. Khangar
`PGR2020-00056
`
`maintained in the ordinary course ofMilwauk:ee Tool's business.
`
`6.
`
`During this meeting, we discussed engineering benchmark (EB) data,
`
`quality benchmark (QB) data, quality assurance (QA) data, and mass production
`
`(MP) data, as well as our concerns about the potential for a high scrap rate for the
`
`CA WB 5 5 deg tape measure design, a concern that we had since at least October
`
`10, 2016. Appendix A, at page 2. Although we worked to improve our internal
`
`designs, we still had a high defect rate and low stand out performance for the
`
`CA WB 55 deg tape measure design. Id. at 3 (reporting a 50% failure rate). As
`
`such, to avoid disrupting the entire project, and in particular the CA WB 78 deg
`
`tape measure design, the CA WB 5 5 deg tape measure design was not approved for
`
`commercialization and was not disclosed publicly. Id. ( confirming that the US
`
`team selected the CA WB 78 deg tape measure design for production and
`
`continued refinement).
`
`7.
`
`Due to the above-described issues with the CA WB 55 deg tape
`
`measure design, the CA WB 55 deg tape measure design was never produced and
`
`never made publicly available. In other words, the CA WB 55 deg tape measure
`
`design was solely an internal Milwaukee Tool prototype design that was never
`
`sold or otherwise made available to the public in any form.
`
`8.
`
`By contrast, we were eventually able to manufacture the CA WB 78
`
`deg tape measure design better than the CA WB 55 deg tape measure design and
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 4
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Ex. 2002 - Declaration of Abhijeet A. Khangar
`PGR2020-00056
`
`the CA WB 78 deg tape measure design was eventually produced as Milwaukee
`
`Tool product number 48-22-7525. That product was made available for sale in
`
`Canada in the Spring of 2017. A true and correct copy of the following website:
`
`https ://www.canadianwoodworking.com/wide-blade-tape-measures-excl usi ve(cid:173)
`
`canada is attached here as Appendix B, and this website reflects availability of
`
`product number 48-22-7525 in the Spring of 2017. For reference, a portion of the
`
`website is reproduced and highlighted below:
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 5
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Ex. 2002 - Declaration of Abhijeet A. Khangar
`PGR2020-00056
`
`WIDE BLADE TAPE MEASURES - EXCLUS IVE TO CANADA
`
`,
`
`Exclusively available in Canada, we' re excited to announce Milwaukee's latest innovation, the
`Wide Blade Tape Measures.
`
`Available in 5m/16ft and 8m/26ft lengths, the wide blade tape meas ures have all the features
`that make Milwaukee tapes uniqu e a nd th e most dura ble in the industry, but now include 13ft.
`of stand out. With a 5-poi nt reinforced frame, they're up to 10x more durable, plus, a nylon (cid:173)
`coated blade makes them abrasion resistant. The tapes feature a wire fo rm belt clip to ensure
`pockets won 't tear and are ergonomically designed for easy measurem e nt and use.
`
`Model numbers:
`48-22-7517 - 5m/16ft Wide Blade Tape Me asure
`48-22-7526 - 8m/ 26ft Wide Blade Tape Measure
`48-22-7516 - 16ft Wide Blade Tape Measure
`48-22-7525 - 25ft Wide Blade Tape Measure
`
`Availabilit : earl A ril 2017 *onl available in Canada*
`
`9.
`
`I declare 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,
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 6
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Ex. 2002 - Declaration of Abhijeet A. Khangar
`PGR2020-00056
`
`under Section 1001 of Title 18 of the United States Code.
`
`Dated: July 13, 2020
`
`Respectfully Submitted,
`
`1 , 1·: .+
`
`~__,,,';'A4-AV I
`
`~
`
`Abhijeet A. Khangar
`
`Milwaukee Electric Tool Corporation – Exhibit 2002 - Page 7
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`APPENDIX A
`
`Milwaukee Electric Tool Corporation – Exhibit 2002
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Wider tape standout issue
`Root cause analysis and Rework
`
`May 8, 2017
`JB Dai
`
`Confidential Document Property of MILWAUKEE TOOL Brookfield, Wisconsin 53005
`
`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix A Page 1
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Wide tape standout issue tracking list
`
` 2016/10/25 : EB1 standout test data for 78 and 55 degree curvature tapes,
`55 degree max standout is 13.1ft and 78 is 12.3ft.Consider high scrape
`rate for 55degree, team confirmed to use 78 degree tape to move forward.
`
` 2016/11/16: EB2 QA was measured 28+25pcs sample, the standout test
`data max is about 11.98~13.45ft.
`
` 2016/12/27: QB QA was measured 25pcs sample, the standout test data
`max is 12.08ft to 12.96ft
`
` 2017/1/22-23: We found standout issue in MP, looking back entire
`process, painting and lacquering process has transfer from In-house to
`outsource, we looking root cause analysis to have a comparison with in-
`house thru samples study, observation is width changes significantly at
`painting process
`
`Confidential Document Property of MILWAUKEE TOOL Brookfield, Wisconsin 53005
`
`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix A Page 2
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`Wide Tape Stand out issue Summary
`Root cause analysis and Rework
`
` Wide Tape blade with kink and Wave issue as the deep curvature at sample
`build stage:
`
` During the EB and QB, we have arrange a lot of improvement actions to
`resolve above matter, but still have high defect rate and low stand out
`performance:
`
`1. 55 degree tape: 50% failed, stand out with 13ft
`2. 78 degree tape: 25% failed, stand out with 12ft
`
` To avoid schedule delay US team selection 78 degree tape for production,
`but the stand out failed increase in mass production stage:
`
`1. Stand out EB, QB failed rate: 1~2%
`
`2. Stand out mass production: 20~25%
`
`Confidential Document Property of MILWAUKEE TOOL Brookfield, Wisconsin 53005
`
`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix A Page 3
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`APPENDIXB
`
`Milwaukee Electric Tool Corporation – Exhibit 2002
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`
`
`7/6/2020
`(https://plus.google.com/106678199895601272963)
`
`Milwaukee Wide Blade Tape Measures
`
`SUBSCRIBE (HTTPS://SERVICE.QFIE.COM/CDW/CLSCDWNEWORDFORM.ASP?
`PUBCODE=CDW&STRASPREASON=210&TRACKCODE=HPSN17&_GA=2.185071465.1790119938.1
`2135932196.1478288721)
`
`LOG-IN (HTTP://SERVICE.QFIE.COM/CDW/CLSCDWLOOKUP.ASP)
`
`(/)
`
`WIDE BLADE TAPE MEASURES - EXCLUSIVE TO CANADA
`
`Exclusively available in Canada, we’re excited to announce Milwaukee’s latest innovation, the
`Wide Blade Tape Measures.
`
`Available in 5m/16ft and 8m/26ft lengths, the wide blade tape measures have all the features
`that make Milwaukee tapes unique and the most durable in the industry, but now include 13ft.
`of stand out. With a 5-point reinforced frame, they’re up to 10x more durable, plus, a nylon-
`coated blade makes them abrasion resistant. The tapes feature a wire form belt clip to ensure
`pockets won't tear and are ergonomically designed for easy measurement and use.
`
`Model numbers:
`48-22-7517 - 5m/16ft Wide Blade Tape Measure
`48-22-7526 - 8m/26ft Wide Blade Tape Measure
`48-22-7516 - 16ft Wide Blade Tape Measure
`48-22-7525 - 25ft Wide Blade Tape Measure
`
`Availability: early April 2017 *only available in Canada*
`
`Key product details:
`
`Standout: Up to 13ft.
`
`Blade Coating: Nylon Bond
`
`Durability: Patented 5 Pole Design
`
`https://www.canadianwoodworking.com/wide-blade-tape-measures-exclusive-canada
`
`1/4
`
`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix B Page 1
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
`Search
`
`
`Milwaukee Wide Blade Tape Measures
`
`7/6/2020
`Belt Hook: Wire Form Belt Clip
`
`Lanyard Loop: Yes
`
`Blade Width: 1-1/4 inch
`
`Warranty: Limited Lifetime
`
`MilwaukeeTool.ca (https://www.milwaukeetool.ca)
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`Thursday, March 9, 2017
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`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix B Page 2
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
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`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix B Page 3
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
`
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`Milwaukee Electric Tool Corporation – Ex 2002 - Appendix B Page 4
`Apex Tool Group, LLC v. Milwaukee Electric Tool Corporation
`PGR2020-00056 U.S. Patent No. 10,422,617
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