IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELEWARE
`
`ADIDAS AG AND ADIDAS AMERICA,
`INC.,
`
`Plaintiffs,
`
`v.
`
`UNDER ARMOUR, INC. and
`MAPMYFITNESS, INC.
`
`Defendants.
`
`)
`)
`)
`)
`) C.A. No. 1:14-cv-00130-GMS
`)
`)
`)
`)
`)
`)
`
`DECLARATION OF JAY DEE KRULL
`
`I, Jay Dee Krull, declare under penalty of perjury the following to be true and
`
`correct:
`
`1.
`
`I am the Director of Software Excellence at Garmin International, Inc.
`
`("Garmin"), and I have worked at Garmin since 1989.
`
`I have personal knowledge of
`
`many of Garmin's products, including the ones listed below.
`
`I also have personal
`
`knowledge of Garmin' s system for archiving documents and materials produced by
`
`Garmin in the course of the development and sale of its products. Our systems retain
`
`certain records (such as owner's manuals) associated with the development and sale of
`
`Garmin products in the ordinary course of business and I reviewed these records to verify
`
`the information provided in this declaration.
`
`2.
`
`Garmin perfonned a search of available records associated with the
`
`following Garmin products: the NavTalk Cellular Phone/OPS Receiver, the NavTalk
`
`UA-1013.001
`
`
`FOR THE DISTRICT OF DELEWARE
`
`ADIDAS AG AND ADIDAS AMERICA,
`INC.,
`
`Plaintiffs,
`
`v.
`
`UNDER ARMOUR, INC. and
`MAPMYFITNESS, INC.
`
`Defendants.
`
`)
`)
`)
`)
`) C.A. No. 1:14-cv-00130-GMS
`)
`)
`)
`)
`)
`)
`
`DECLARATION OF JAY DEE KRULL
`
`I, Jay Dee Krull, declare under penalty of perjury the following to be true and
`
`correct:
`
`1.
`
`I am the Director of Software Excellence at Garmin International, Inc.
`
`("Garmin"), and I have worked at Garmin since 1989.
`
`I have personal knowledge of
`
`many of Garmin's products, including the ones listed below.
`
`I also have personal
`
`knowledge of Garmin' s system for archiving documents and materials produced by
`
`Garmin in the course of the development and sale of its products. Our systems retain
`
`certain records (such as owner's manuals) associated with the development and sale of
`
`Garmin products in the ordinary course of business and I reviewed these records to verify
`
`the information provided in this declaration.
`
`2.
`
`Garmin perfonned a search of available records associated with the
`
`following Garmin products: the NavTalk Cellular Phone/OPS Receiver, the NavTalk
`
`UA-1013.001
`
`
`
`GSM Phone/GPS, the eTrex Summit Personal Navigator, the eTrex Legend Personal
`
`Navigator, the GPS II Plus, and the GPS III. The results of this search are reflected in my
`
`statements below and in the attached Appendix A.
`
`
`
`3.
`
`Appendix A is a table that identifies in summary form, Garmin’s internal
`
`release dates for the owner’s manuals attached as Exhibits 1 through 9 to this declaration,
`
`for each of the following products: the NavTalk, the NavTalk GSM, the eTrex Summit,
`
`the eTrex Legend, the GPS II Plus, and the GPS III. Garmin’s ordinary business practice
`
`is to internally release manuals a few months before the public release and commercial
`
`availability of a product. For each of the products corresponding to Exhibits 1 through 9,
`
`the owner’s manual was distributed to the customer in the box with its respective product.
`
`Thus, the owner’s manuals identified in Exhibits 1 through 9 were publicly available as
`
`of the date the products were offered for sale. Appendix A includes the approximate date
`
`that Garmin offered for sale each of the products corresponding to Exhibits 1 through 9,
`
`based on my own personal knowledge. Additionally, for each of Exhibits 1 through 9,
`
`Garmin made those manuals publicly available via its website on or about the same date
`
`as the products were offered for sale, as identified in Appendix A.
`
`
`
`4.
`
`Attached as Exhibit 1 is a true and correct copy of the Owner’s Manual
`
`and Reference Guide, Rev. A, for the NavTalk (labeled GARMIN0000001 through
`
`GARMIN000128). This manual was created and maintained in the ordinary course of
`
`business at Garmin.
`
`5.
`
`Attached as Exhibit 2 is a true and correct copy of the Owner’s Manual
`
`and Reference Guide, Rev. B, for the NavTalk (labeled MMF-0000620 through MMF-
`
`0000747). This guide was created and maintained in the ordinary course of business at
`
`
`
`2
`
`UA-1013.002
`
`
`
`Garmin.
`
`6.
`
`Attached as Exhibit 3 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. A, for the NavTalk GSM (labeled GARMIN000 129 through
`
`GARMIN000258). This manual was created and maintained in the ordinary course of
`
`business at Garmin.
`
`7.
`
`Attached as Exhibit 4 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. C, for the NavTalk GSM (labeled MMF-0222291 through
`
`MMF-0222420). This guide was created and maintained in the ordinary course of
`
`business at Garmin.
`
`8.
`
`Attached as Exhibit 5 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. A, for the eTrex Summit (labeled GARMIN000259 through
`
`GARMIN000326). This manual was created and maintained in the ordinary course of
`
`business at Garmin.
`
`9.
`
`Attached as Exhibit 6 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. B, for the eTrex Summit (labeled MMF-022 1179 through
`
`MMF-0221248). This manual was created and maintained in the ordinary course of
`
`business at Gannin.
`
`10.
`
`Attached as Exhibit 7 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. A, for the eTrex Legend (labeled GARMfN000327 through
`
`GARMIN000394). This manual was created and maintained in the ordinary course of
`
`business at Garmin.
`
`11.
`
`Attached as Exhibit 8 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. A, for the GPS II Plus (labeled GARMfN000395 through
`
`3
`
`UA-1013.003
`
`
`
`GARMIN000506). This manual was created and maintained in the ordinary course of
`
`business at Garmin.
`
`12.
`
`Attached as Exhibit 9 is a true and correct copy of the Owner's Manual
`
`and Reference Guide, Rev. A, for the OPS III (labeled GARMIN000507 through
`
`GARMIN000606). This manual was created and maintained in the ordinary course of
`
`business at Garmin.
`
`I declare under penalty of pe1:jury under the laws of the United States that the
`
`foregoing is true and correct, and that this declaration was executed on July 1, 2015 in
`
`Olathe, Kansas.
`
`4
`
`UA-1013.004
`
`
`
`Product
`
`Manual Part No. /
`Rev.
`
`Internal Manual
`Release Date
`
`Approx. Offer for
`Sale Date (w/
`Manual)
`April 1999
`
`2/2/1999
`
`Appendix A
`
`
`Exhibit No.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`
`
`NavTalk GPS Cellular Phone
`
`NavTalk GPS Cellular Phone
`
`NavTalk GSM Phone
`
`NavTalk GSM Phone
`
`eTrex Summit GPS
`
`eTrex Summit GPS
`
`eTrex Legend GPS
`
`GPS II Plus
`
`GPS III
`
`190-00147-00 /
`Rev. A
`
`190-00147-00 /
`Rev. B
`
`190-00218-00 /
`Rev. A
`
`190-00218-00 /
`Rev. C
`
`190-00193-00 /
`Rev. A
`
`190-00193-00 /
`Rev. B
`
`190-00234-00 /
`Rev. A
`
`190-00130-00 /
`Rev. A
`
`190-00128-00 /
`Rev. A
`
`1/26/2000
`
`
`
`10/25/2002
`
`April 2003
`
`11/19/2002
`
`
`
`5/15/2000
`
`June 2000
`
`5/16/2000
`
`
`
`1/30/2001
`
`January 2001
`
`2/27/1998
`
`December 1998
`
`8/29/1997
`
`December 1998
`
`Bates No.
`
`GARMIN0000001
`through
`GARMIN000128
`MMF-0000620
`through
`MMF-0000747
`GARMIN000129
`through
`GARMIN000258
`MMF-0222291
`through
`MMF-0222420
`GARMIN000259
`through
`GARMIN000336
`MMF-0221179
`through
`MMF-0221248
`GARMIN000327
`through
`GARMIN000394
`GARMIN000395
`through
`GARMIN000506
`GARMIN000507
`through
`GARMIN000606
`
`UA-1013.005
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