Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 1 of 7 PageID #:289
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`
`THE CHAMBERLAIN GROUP INC.,
`
`Plaintiff,
`
`
`
`v.
`
`TECHTRONIC INDUSTRIES CO. LTD.,
`TECHTRONIC INDUSTRIES NORTH
`AMERICA, INC., ONE WORLD
`TECHNOLOGIES INC., OWT
`INDUSTRIES, INC., ET TECHNOLOGY
`(WUXI) CO. LTD., and RYOBI
`TECHNOLOGIES, INC.,
`
`Defendants,
`
`Civil Action No. 1:16-cv-06097
`
`The Honorable Thomas M. Durkin
`
`Magistrate Judge Sidney Schenkier
`
`DECLARATION OF COLIN WILLMOTT IN SUPPORT OF PLAINTIFF’S
`MEMORANDUM IN SUPPORT OF ITS MOTION FOR PRELIMINARY INJUNCTION
`
`I, Colin Willmott, declare as follows:
`
`1.
`
`I have been employed at Chamberlain Group, Inc. (CGI) and its predecessor
`
`company Perma Power Corp. for over 54 years since October 1961. Since 1997 I have served as
`
`CGI’s Director of Engineering, International Products. I have been part of CGI’s long history of
`
`innovation since 1961 and am personally named on over 40 CGI U.S. patents (on a number of
`
`which I served as co-inventor with James Fitzgibbon, an inventor of the ‘275 patent at issue in
`
`the Preliminary Injunction motion). I have personal knowledge of the matters stated in this
`
`declaration and would testify truthfully to them if called upon to do so. I attached as Exhibit A a
`
`list taken from the USPTO’s website showing the patents where I am identified as an inventor
`
`(taken from http://patft.uspto.gov/netacgi/nph-
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`
`THE CHAMBERLAIN GROUP INC.,
`
`Plaintiff,
`
`
`
`v.
`
`TECHTRONIC INDUSTRIES CO. LTD.,
`TECHTRONIC INDUSTRIES NORTH
`AMERICA, INC., ONE WORLD
`TECHNOLOGIES INC., OWT
`INDUSTRIES, INC., ET TECHNOLOGY
`(WUXI) CO. LTD., and RYOBI
`TECHNOLOGIES, INC.,
`
`Defendants,
`
`Civil Action No. 1:16-cv-06097
`
`The Honorable Thomas M. Durkin
`
`Magistrate Judge Sidney Schenkier
`
`DECLARATION OF COLIN WILLMOTT IN SUPPORT OF PLAINTIFF’S
`MEMORANDUM IN SUPPORT OF ITS MOTION FOR PRELIMINARY INJUNCTION
`
`I, Colin Willmott, declare as follows:
`
`1.
`
`I have been employed at Chamberlain Group, Inc. (CGI) and its predecessor
`
`company Perma Power Corp. for over 54 years since October 1961. Since 1997 I have served as
`
`CGI’s Director of Engineering, International Products. I have been part of CGI’s long history of
`
`innovation since 1961 and am personally named on over 40 CGI U.S. patents (on a number of
`
`which I served as co-inventor with James Fitzgibbon, an inventor of the ‘275 patent at issue in
`
`the Preliminary Injunction motion). I have personal knowledge of the matters stated in this
`
`declaration and would testify truthfully to them if called upon to do so. I attached as Exhibit A a
`
`list taken from the USPTO’s website showing the patents where I am identified as an inventor
`
`(taken from http://patft.uspto.gov/netacgi/nph-
`
`
`
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 2 of 7 PageID #:290
`
`Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-
`
`bool.html&r=0&f=S&l=50&TERM1=colin&FIELD1=INNM&co1=AND&TERM2=willmott&
`
`FIELD2=INNM&d=PTXT on June 8, 2016).
`
`2.
`
`I submit this declaration in support of CGI’s Motion for Preliminary Injunction
`
`barring the defendants from making, using, selling, offering for sale, or importing to the United
`
`States garage door openers that infringe U.S. Patent Nos. 7,635,966 (“the ’966 patent”) and
`
`7,224,275 (“the ’275 patent”).
`
`3.
`
`CGI traces its roots back to 1906 when Chamberlain Machine Works was founded
`
`by Andrew Chamberlain as Waterloo Rope Belt Company. The company manufactured rope
`
`belt products which were used on large power cream separators in creameries and later in gas
`
`engines and pump jacks for use on farm windmills. In 1929, the company was incorporated in
`
`Iowa as Chamberlain Corporation. See Exhibit B (taken from: http://www.duch.com/about/our-
`
`history/ on June 8, 2015). The following picture is included in Exhibit B:
`
`
`
`4.
`
`In 1968, CGI acquired Perma Power Corp. out of Chicago. I was working as a
`
`Project Engineer at Perma Power at the time.
`
`5.
`
`Perma Power was founded in 1955 with around fifty employees. I joined the
`
`company in 1961 as a Junior Engineer. Perma Power introduced our first garage door opener
`
`
`
`2
`
`
`
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 3 of 7 PageID #:291
`
`(GDO) radio controls in 1956 and our first garage door opener in 1958. See Exhibit C (taken
`
`from:
`
`http://webcache.googleusercontent.com/search?q=cache:http://www.dasma.com/pdf/publications
`
`/pagesofhistory/chambrl-spr2003.pdf on June 8, 2016).
`
`6.
`
`In 1960, Perma Power began selling GDOs to Sears and introduced the industry’s
`
`first transistorized radio controls for GDOs. See Exhibit C.
`
`7.
`
`In 1967, Chamberlain moved its corporate offices to Elmhurst, Illinois, the
`
`location of CGI’s present day corporate headquarters. In 1967, Perma Power introduced the
`
`LiftMaster® brand of garage door openers and accessories, a product which I helped develop. In
`
`1968 CGI acquired Perma Power and continues to this day to sell LiftMaster® GDOs, which are
`
`CGI’s best-selling product. I started working for CGI as part of the acquisition. See Exhibit C.
`
`8.
`
`CGI is a leader in the garage door opener market, with a number of “firsts,” many
`
`of which I was proud to play a role in. For example, in 1975, CGI introduced the world’s first
`
`digital radio controls for GDOs, with 512 codes set by DIP (Dual Inline Package) switches and,
`
`in 1989, introduced the industry’s first wireless keyless entry system. Prior to this, all garage
`
`keypad type door controls had to be hard-wired to the head unit of the garage door. There were
`
`no “clickers” and no way to remotely open a garage door except by a portable transmitter from a
`
`car. See Exhibit C.
`
`9.
`
`CGI, in 1979, introduced the first infrared sensors for residential garage doors
`
`openers. The purpose of these sensors was to detect objects such as children who might be under
`
`a garage door as it is closing and in harm’s way. The sensors were used, and are used today, to
`
`reverse the direction of the garage door to avoid harm. See Exhibit C.
`
`
`
`3
`
`
`
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 4 of 7 PageID #:292
`
`10.
`
`In addition to the industry “firsts” noted above, our LiftMaster® products had the
`
`first:
`
`a. Battery backup unit (promoting safety and convenience by allowing the opening
`
`and closing of the garage door in the event of power failures);
`
`b. Battery backup unit integrated into the GDO (or the GDO head unit – the box that
`
`is installed above the vehicle in the garage and which contains the controls and
`
`motors to lift the garage door);
`
`c. Motion detection control panel (promoting safety and convenience by, for
`
`example, detecting motion turning on the garage lights when someone enters the
`
`garage);
`
`d. Adjustable light delay (which maintains the lighting in the garage for an
`
`adjustable period of time after the garage door is opened or shut);
`
`e. Remote control for GDO light;
`
`f. Learning receiver (i.e., a receiver that allows a consumer’s clicker to learn the
`
`code for that person’s particular garage door opener) required for the wireless
`
`keypad);
`
`g. Rolling code in all GDO’s (promoting security by changing the code to the GDO
`
`each time the garage door opener clicker is depressed, ensuring that thieves can’t
`
`capture the code and later open the garage door);
`
`h. Motion Vibration Isolation System (MVIS®) for reducing vibration and noise;
`
`i. Advanced Trolley System (that provides lockout for manual door operation);
`
`
`
`4
`
`
`
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 5 of 7 PageID #:293
`
`j. Radio Frequency lock on the wall panel (promoting security by allowing
`
`consumers to lock out any remote transmitters and permit access only through
`
`wall panel);
`
`k. Maintenance Alert System (which flashes a light on the control station when
`
`maintenance of the GDO is required);
`
`l.
`
`Integrated Transistor Portable Transmitter (that allowed for miniature transmitters
`
`that fit on the car sun visor);
`
`m. Garage Door Monitor (promoting safety by allowing consumers to monitor the
`
`status of their garage doors and to receive alerts);
`
`n. Posi-lock system (promoting safety by electronically securing a closed door and
`
`monitoring against the door ever being manually forced opened);
`
`o. Residential jackshaft operator (that eliminated the rail and chain that was mounted
`
`above the door); and
`
`p. Internet-enabled garage door opener.
`
`11.
`
`In addition, CGI was the first in the industry to use a light delay timer, printed
`
`circuit board, electronic logic board, Digital Radio Control, customer settable coding system, and
`
`Integrated Circuits. CGI was the first to introduce a billion code system so that no two
`
`transmitters are coded alike.
`
`12.
`
`Not only has CGI made a substantial investment over decades innovating for its
`
`own products and customers, but CGI, and I personally, have lobbied for legislative reform to
`
`keep consumers at large safe.
`
`13.
`
`For example, from March 1982 to October 1992, there were numerous deaths and
`
`injuries to children under the age of 15 caused by GDOs. One report by the Consumer Product
`
`
`
`5
`
`
`
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 6 of 7 PageID #:294
`
`Safety Commission (CPSC) notes that there were 54 deaths and 37 serious injuries during this
`
`time caused by the garage door failing to stop and change its direction. Starting around 1989 to
`
`1990, I worked with the Door Operator and Remote Control Manufacturers Association
`
`(DORCMA), CPSC (US Consumer Product Safety Commission), Underwriters Laboratory and
`
`others over a course of years to enact legislation. Our efforts culminated in President George
`
`H.W. Bush signing federal legislation (Public Law 101-608, the Consumer Product Safety
`
`Improvement Act of 1990) in 1990 that requires all residential garage door openers produced
`
`after Jan. 1, 1993 to meet entrapment-protection requirements that were published in the
`
`upcoming third edition of UL 325. UL 325 would come to include as acceptable external
`
`entrapment-protection devices, photoelectric eyes and edge sensors. See Exhibit D (taken from:
`
`http://webcache.googleusercontent.com/search?q=cache:http://www.dasma.com/articles/feature/
`
`UL325Working_Win2014.pdf on June 8, 2016).
`
`14.
`
`As a result of our further efforts, California, Minnesota, and New York passed
`
`state legislation in the 1990-1993 time frame requiring, for all GDO’s sold in those states after
`
`January 1, 1993, external entrapment- protection sensors. The three states and Indiana also
`
`passed legislation requiring garage door technicians to test the contact reversing mechanism of
`
`older openers being serviced. See Exhibit D.
`
`15.
`
`In 1992 the CPSC enacted regulations covering residential GDOs. They included
`
`the new provisions of UL 325. See Exhibit D.
`
`16.
`
`Since the effective date of the act, January 1, 1993, the number of deaths or
`
`serious injuries caused by properly installed door complying with the laws has been reduced to
`
`nearly zero. See Exhibit D.
`
`
`
`6
`
`
`
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 7 of 7 PageID #:295
`Case: 1:16-cv-06097 Document #: 11 Filed: 06/10/16 Page 7 of 7 PagelD #:295
`
`17.
`
`The culmination of this hard work and investment has not only worked to keep
`
`consumers safe from harm andintrusion, but has also earned CGI the position of market leader
`
`in the GDO space and over 350 U.S. patents granted by the United States Patent and Trademark
`
`Office. See Exhibit E (taken from:http://patft-uspto.gov/netacgi/nph-
`
`Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-
`
`adv.htm&r=0&p=1 &f=S &1=50&Query=an%2Fchamberlain%0D%0A&d=PTXT on June8,
`
`2016). CGI relies upon thesepatents to protect its business, its customers, and its reputation from
`
`imitation devices that are less safe, less secure, or otherwise inferior.
`
`I declare under penalty of perjury underthe laws of the United States that the foregoingis
`
`true and correct. Executed in Illinois this 10 day of June, 2016.
`
`Lb. WIOsseo.
`
`Colin Willmott
`
`By:
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
