UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BEDGEAR, LLC
`Petitioner
`
`v.
`
`SHEEX, INC.
`Patent Owner
`
`Case To Be Assigned
`U.S. Patent No. 8,402,580
`
`DECLARATION OF SABIT ADANUR IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,402,580
`
`BEDGEAR 1005
`IPR of U.S. Pat. No. 8,402,580
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BEDGEAR, LLC
`Petitioner
`
`v.
`
`SHEEX, INC.
`Patent Owner
`
`Case To Be Assigned
`U.S. Patent No. 8,402,580
`
`DECLARATION OF SABIT ADANUR IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,402,580
`
`BEDGEAR 1005
`IPR of U.S. Pat. No. 8,402,580
`
`
`
`Declaration of Sabit Adanur
`In Support of Petition for Inter Partes Review of U.S. Patent No. 8,402,580
`
`I, Sabit Adanur, declare as follows:
`
`I. Overview
`
`1.
`
`I am over 21 years of age and otherwise competent to make this
`
`Declaration. I make this Declaration based on facts and matters within my own
`
`knowledge and on information provided to me by others.
`
`2.
`
`I have been retained as an expert witness to provide testimony on
`
`behalf of Bedgear, LLC as part of the above-captioned inter partes review
`
`proceeding. I understand that this proceeding involves U.S. Patent No. 8,402,580
`
`(“the ‘580 patent”) entitled “Fabric System.” I am also being retained as an expert
`
`in proceedings involving U.S. Patent Nos., 8,566,982 (“the ‘982 patent”), and
`
`9,109,309 (“the ‘309 patent”), each also entitled “Fabric System” (the ‘580, ‘982
`
`and ‘309 patents collectively are referred to as “the Sheex patents”). I understand
`
`that one or more separate petition for inter partes review have been filed for each
`
`of the Sheex patents.
`
`3.
`
`I understand that the ‘580 patent was filed on October 12, 2011 and
`
`issued on March 26, 2013, and that the ‘580 patent is currently assigned to Sheex,
`
`Inc. It is also my understanding that the ‘580 patent is a continuation of and claims
`
`priority to U.S. Ser. No. 12/569,659, filed on Sep. 29, 2009, which claims the
`
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`
`
`benefit of U.S. Provisional Patent Application Ser. No. 61/101,049 filed Sep. 29,
`
`2008.
`
`It is my understanding that this date represents the earliest possible filing
`
`date to which the ‘580 patent is entitled.
`
`4.
`
`I have reviewed and am familiar with the specification and
`
`prosecution history of the Sheex Patents. A copy of the ‘580 patent has been
`
`provided as Bedgear 1001. As I explain in more detail below, I am familiar with
`
`the technology at issue as of the earliest possible filing date of the ‘580 patent.
`
`5.
`
`Below is a list of the information that I considered in arriving at my
`
`opinions:
`
`a. The ‘580 patent and its prosecution history.
`b. The ‘982 patent and its prosecution history.
`c. The ‘309 patent and its prosecution history.
`d. Petitions for Inter Partes Review of the Sheex patents.
`e. Adanur, S., Wellington Sears Handbook of
`Industrial Textiles,
`Technomic Publishing Co., (CRC Press 1995).
`f. Knitted Fabrics, Manufacture and Processing, Ciba-Geigy, 1976.
`g. Spencer, D. J., Knitting Technology, Woodhead Publishing Limited,
`1989.
`J., Warp Knit Fabrics Technologies, Emerald Ink
`h. Gajjar, B.
`Publishing, 2007.
`i. Chemstrand Co., Spandex Technology (Chemstrand 1965).
`j. Man-made fiber and Textile Dictionary, Celanese Corporation, 1981,
`1985.
`k. Dictionary of Fiber and Textile Technology, Hoechst Celanese, 1990.
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`
`
`l. Adanur, S., Knitting Fundamentals, Class Notes for PFEN 2270
`Introduction to Engineered Fibrous Materials.
`m. Jeanne Stauffer, Sewing Smart with Fabric at 139 (2004)
`n. Various knitting machine manufacturers brochures
`o. Various knitted fabric sample structures from different manufacturers
`p. US Patents Nos. 4,461,048 , 5,127,115, 5,415,924, 5,287,573,
`5,636,380, 6,006,550, 6,016,591, 6,532,608, 6,782,590, 6,779,368,
`2003/0154748,
`2004/0132367,
`2005/0027094,
`2005/0193490,
`6,412,540,
`6,164,092,
`6,167,825,
`7,370,380,
`2008/0233368,
`7,240,383, 7,774,865, 2001/0014981, 7,945,970, 7,360,378
`q. Fiber Usage
`in Home
`Textiles
`2007
`(Dec.
`12,
`http://www.researchandmarkets.com/reports/c77257
`I have also reviewed and am familiar with the following prior art,
`
`2007),
`
`6.
`
`which I understand is being used by Bedgear in the Petitions for Inter partes
`
`Review of the Sheex patents:
`
`a. U.S. Patent No. 7,200,883 to David W. Haggerty (“Haggerty”
`provided as Ex. 1002).
`b. U.S. Patent No. 3,696,475 to Heinz Fleissner (“Fleissner” provided as
`Ex. 1003).
`c. U.S. Patent Application Publication No. 2005/0284189 to Richard F.
`Stewart (“Stewart” provided as Ex. 1004).
`I have been asked to provide my technical review, analysis, and
`
`7.
`
`insight regarding the above-noted references, which I understand supports the basis
`
`for the grounds of rejection set forth in the Petitions.
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`
`
`8.
`
`I am being compensated at my normal consulting rate for my time
`
`spent in preparing this Declaration. I am being separately reimbursed for any out-
`
`of-pocket expenses. My compensation does not depend in any way on the
`
`outcome of this proceeding or the nature of my opinions.
`
`9.
`
`I have no stake in the outcome of this proceeding or any related
`
`litigation or administrative proceedings.
`
`10.
`
`I have been advised that Bryan Cave LLP represents the Petitioner
`
`Bedgear, LLC in this matter. I have no direct financial interest in the Petitioner. I
`
`have no direct financial interest in Petitioner, Sheex, Inc., or the Sheex patents.
`
`II. My Background and Qualifications
`
`11. My qualifications
`
`for
`
`forming the opinions
`
`set
`
`forth in this
`
`Declaration are listed in this section and provided in Exhibit Bedgear 1006, which
`
`is my curriculum vitae (“CV”) which also includes a list of my publications and a
`
`list of the cases and proceedings over the last few years in which I have been
`
`deposed and/or testified as an expert.
`
`12.
`
`I have extensive experience in knitting and knitted fabrics. My family
`
`had a knitting business in Istanbul, Turkey, where we had circular knitting
`
`machines; we also had a hand operated flat knitting machine to make knitted
`
`goods. I worked in that business during summer vacations before I came to the
`
`U.S.
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`
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`13.
`
`I have a B.S.
`
`in Mechanical Engineering, an M.S.
`
`in Textile
`
`Engineering and Science, and a Ph.D. in Fiber and Polymer Science. During my
`
`M.S. and Ph.D. studies at North Carolina State University, I took several courses
`
`and lab sessions in fabric formation including knitting.
`
`14.
`
`I have been teaching knitting technology and structure of knitted
`
`fabrics since I joined Auburn University in 1992. I have taught the following
`
`courses which include knitting technology and knitted fabric structures:
`
`a. PFEN 2270 Introduction to Engineered Fibrous Materials
`b. PFEN 3300 Fibrous Product Testing and Instrumentation
`c. PFEN 4300 Engineered Fibrous Structures
`d. PFEN 6250 Advanced Engineering Fibrous Structures
`e. PFEN 7210 Fabric Formation and Properties
`f. TE 225 Fabric Design and Manufacturing
`g. TE 460 Mechanics of Textile Manufacturing Processes and Systems
`h. TXTN 3450 Technical Textiles
`
`15.
`
`Some of these courses involved laboratory sessions in which we used
`
`both circular and flat warp and weft knitting machines to teach the students. For
`
`example, in the Fall 2015 semester, I taught PFEN 2270 which includes a chapter
`
`in knitting technology and knitted fabrics.
`
`16. One of my Ph.D. students did his dissertation on a patented hybrid
`
`weaving/knitting machine to produce woven/knitted fabrics. We published the
`
`following articles as a result of that work:
`
`
`
`Adanur, S., and Onal, L., “Analysis of a Novel 3D Hybrid
`Woven/Knitted Fabric Structure, Part II: Mechanical Model to Predict
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`
`
`
`
`
`Modulus and Extension”, Textile Research Journal, 74(10), 865-871,
`October 2004.
`Onal, L., and Adanur, S., “Analysis of a Novel 3D Hybrid
`Woven/Knitted Fabric Structure, Part
`I: Geometric Model and
`Verification”, Textile Research Journal, 74(9), 827-832, September
`2004.
`
`17. We made the following presentations about this project:
`
`
`
`
`
`
`
`Onal, L., and Adanur, S., “A Novel 3D Structure, 3D Hybrid
`Woven/Knitted Fabric”, Proceedings of The Fiber Society 2003
`Spring Symposium, “Advanced Flexible Materials and Structures:
`Engineering with Fibers”, June 30-July 2, 2003, Loughborough,
`England.
`Adanur, S., and Onal, L., “Design Characterization of a Novel 3D
`Hybrid Knitted/Woven
`Fibrous
`Structure
`for Composites”,
`Proceedings of the 2003 NSF Design, Service and Manufacturing
`Grantees and Research Conference, January 6-9, 2003, Birmingham,
`AL.
`Adanur, S., Gumusel., L. and Bas, H., “A Novel 3D Woven-Knit
`Hybrid Fabric
`for Composites”, Techtextil North America
`Symposium, April 1-3, 2008, Atlanta, GA.
`
`18. My book entitled “Wellington Sears Handbook of Industrial Textiles”
`
`(Technomic/CRC Press, 1995) includes a chapter on knitting technology and
`
`knitted fabrics.
`
`19.
`
`I have attended many ATME-I
`
`(American Textile Machinery
`
`Exhibition-International) textile machinery shows in the USA, ITMA machinery
`
`shows (International Textile Machinery Association) in Europe (Milan, Paris,
`
`Birmingham, Munich), and TechTextile show in China. In these shows, I kept
`
`myself up to date with the latest developments in textile machinery and fabrics,
`
`including knitting machinery and knitted fabrics. As a result, I have a large
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`
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`collection of knitting machine brochures and knitted fabric samples, which I use in
`
`my classes.
`
`20. Between 2008 and 2015, I was retained as an expert witness by
`
`multiple textile companies in cases involving knitted fabric structures. Earlier, I did
`
`consulting work for Eaton Corp., Milwaukee in woven and knit reinforcements for
`
`composites. I also did consulting work for Hoechst Celanese, Spartanburg, SC in
`
`developing a warp knitted structure using elastomeric monofilament fiber.
`
`III. My Expertise and the Person of Ordinary Skill in the Art
`
`21. As a result of my more than thirty years of experience in textile
`
`engineering, I am very familiar with fabric systems including bedding. My
`
`experience working with industry, with undergraduate and post-graduate students,
`
`with colleagues from academia, and with engineers practicing in industry has
`
`allowed me to become directly and personally familiar with the level of skill of
`
`individuals and the general state of the art.
`
`22. A person of ordinary skill in the art as of the earliest possible filing
`
`date (hereinafter a “POSITA”) would generally have a bachelor’s degree in textile
`
`engineering and science, or a similar field. Two years of experience in the field of
`
`textile manufacturing might substitute for formal education.
`
`23.
`
`It is my opinion that a POSITA would have at least two years’
`
`experience with all aspects of knitted bedding material from the conceptual stage
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`
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`through design, development, commercialization, and manufacturing, including
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`basic knowledge of the functional requirements of bedding material and a
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`comprehensive understanding of
`
`the range of material choices, as well as
`
`construction techniques and processes used to create the various types of bedding
`
`materials. For example, such a person would have the skills and capabilities to
`
`identify knitting machines, knitted fabric structures and their major properties as
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`well as finishing machines and processes.
`
`IV. Applicable Legal Standards
`
`24.
`
`I am not an attorney and do not expect to offer any opinions regarding
`
`the law. However, I have been informed of certain legal principles relating to
`
`patent claim construction and validity that I relied upon in reaching the opinions
`
`set forth in this report.
`
`Obviousness
`
`25.
`
`It
`
`is my understanding that obviousness is determined from the
`
`vantage point of a person of ordinary skill in the art at the time the invention was
`
`made.
`
`In order to be considered invalid under this ground, I understand that the
`
`proposed combination of asserted references must teach or suggest each and every
`
`claim feature and that the claimed invention as a whole must have been obvious at
`
`that time to one of ordinary skill in the art. My understanding is that one should
`
`avoid the use of “hindsight” in assessing whether a claimed invention would have
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`been obvious. For example, an invention should not be considered in view of what
`
`persons of ordinary skill would know today, nor should it be reconstructed after the
`
`fact by starting with the claims themselves and/or by reading into the prior art the
`
`teachings of the invention at issue. Accordingly, I understand that the term
`
`“obvious” has both a legal and a technical meaning. When the term “obvious” is
`
`used throughout this declaration, my opinions and conclusions will be directed to
`
`the technical meaning of obvious (i.e., whether the subject matter was within the
`
`technical grasp of a person of ordinary skill at the time of the invention).
`
`26.
`
`It is my understanding that obviousness cannot be proven by mere
`
`conclusory statements or by merely showing that an invention is a combination of
`
`elements that were already previously known in the prior art. Rather, it is my
`
`understanding that a party challenging a patent
`
`in an inter partes review
`
`proceeding must further establish by a preponderance of the evidence that there
`
`was an apparent reason with some rational underpinnings that would have
`
`prompted a person of ordinary skill at the time of the invention to have combined
`
`and/or altered these known elements to arrive at the claimed invention. Such
`
`reasons might include, for example, teachings, suggestions, or motivations to
`
`combine that would have been apparent to a person of ordinary skill in the art.
`
`Claim Language
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`27.
`
`I understand that, in inter partes review proceedings, claim terms are
`
`to be given the broadest reasonable construction in light of the specification as
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`would be read by a person of ordinary skill in the relevant art.
`
`28. As the result of my education and experience, I believe that I
`
`understand how the asserted claims of the Sheex patents would be understood by a
`
`person of ordinary skill in the art applying the above standard.
`
`Admitted Prior Art
`
`29.
`
`I understand that valid prior art may be created by admissions of the
`
`applicant. For example, a statement by an applicant in the specification or made
`
`during the prosecution of the application can be an admission. The admission may
`
`then be treated as prior art, and relied upon for both anticipation and obviousness
`
`determinations.
`
`V. Overview Of The Technology At The Time Of The Sheex Patents
`
`30.
`
`The Sheex patents generally relate to bed coverings or sheets that
`
`include two or more portions of fabric made by a knitting process. ‘580 patent at
`
`Abstract, 1:15-20, 3:51-62. Knitting is one of five different ways of constructing
`
`fabric. WELLINGTON at 87. The other four methods of constructing fabric include
`
`weaving, braiding, tufting, and nonwoven manufacturing.
`
`Id. Weaving is the
`
`interlacing of warp and weft yarns over and under each other, and is typically
`
`found in, for example, a dress shirt. Id. Braiding is also made of interlacing two
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`
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`sets of yarns over and under each other at an angle. Id. A fabric shoe lace is an
`
`example of a braided fabric. Id. Tufting is a method typically used to manufacture
`
`carpets.
`
`Id.
`
`In tufting, surface yarns are stitched to a base fabric, coated, and
`
`joined with a secondary backing. Nonwoven fabrics are constructed by entangling
`
`fibers together. Id. A disposable wipe is an example of a nonwoven fabric.
`
`31. Knit
`
`fabrics are typically formed by constructing a series of
`
`interlocking loops of one or more yarns. Id. at 127. Yarns are typically constructed
`
`of textile fibers that are twisted or otherwise held together. Id. at 66.
`
`32.
`
`Fibers can be natural or synthetic (i.e., manmade). WELLINGTON at
`
`37. Natural fibers can be obtained from plants (e.g. cotton) or animals (e.g. wool).
`
`Id. Synthetic fibers are generally made from polymers using different techniques
`
`such as melt spinning (i.e., extrusion), dry spinning, and wet spinning.
`
`Id. at 40.
`
`In melt spinning, polymer is melted by heat and extruded through tiny holes in a
`
`spinneret on the extruder. Id. at 57. The extruded fibers are cooled down with air
`
`or water, which then form solid fibers. In dry and wet spinning, a polymer is
`
`dissolved in a chemical, the solution is passed through the spinneret holes, and then
`
`the solvent is removed. The synthetic fibers produced by these methods can
`
`generally be made to any length. Synthetic fibers can be made of one or more
`
`polymers. Id. at 40.
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`33. Yarns can be classified as staple yarns and continuous filament yarns.
`
`Staple yarns are made by twisting short fibers (natural fibers or synthetic fibers that
`
`are cut into short lengths after fiber spinning) together. This can be done in one of
`
`four different ways: ring spinning, open-end (rotor spinning), air-jet spinning and
`
`friction spinning. Continuous filament yarns are made of very long fibers (as they
`
`come out of the fiber spinning machine) and slightly twisted.
`
`34. Yarns can be made of one type of fiber or multiple types of fibers. As
`
`a result, there could be several ways to combine different fibers in a yarn.
`
`Different yarn properties can be obtained by mixing different fibers together. For
`
`example, polyester fibers can be mixed with spandex fibers in a yarn to achieve a
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`hybrid yarn with a desired strength and elasticity suitable for performance fabrics.
`
`35. When describing the construction of knit fabrics, the following terms
`
`are commonly used in reference to the way the fabrics are formed and machines
`
`that are commonly used:
`
`
`
`
`
`
`
`Course: horizontal row of successive loops.
`Wale: vertical column of loops.
`Count: total number of wales and courses per square inch of fabric.
`Stitch density: total number of loops in a square area.
`Gauge: number of needles per unit width. Gauge has a direct
`correlation with the fineness or coarseness of the fabric (e.g., the
`higher the gauge, the more fine the fabric). Fabrics constructed with a
`high gauge typically use finer yarn, because of the density with which
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`
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`the needles knit the fabric. Fine fibers may also be used with low
`gauge machines, but will generally result in an open lace or open
`stitch pattern. On the other hand, low gauge machines may be used to
`knit fabrics with thick fibers. A table of typical gauges and exemplary
`knits fabrics is given in Table 1.
`
`Table 1 Typical gauges and fabrics in knitting
`
`Gauge
`
`Fabric
`
`2.5-5
`
`5-8
`
`8-12
`
`14-18
`
`18-32
`
`22-30
`
`40
`
`Thick, heavy yarn,
`sweaters
`
`for use in
`
`Finer yarn for use in medium set
`sweaters
`
`For use with light sweaters
`
`Men’s underwear
`
`(T-shirts, sweatshirts,
`
`Outerwear
`polo shirts)
`
`Athletic Apparel
`
`Pantyhose, swimwear, lingerie
`
`WELLINGTON at 127.
`
`
`
`Stitch: the loop formed at each needle (the basic repeating unit of knit
`fabric structure)
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`36. Knitted textiles are generally divided into warp-knitted and weft-
`
`knitted on the basis of how the loops of the fabrics are constructed. Id. Generally,
`
`weft-knitted textiles are constructed by crimping yarn into loops along a horizontal
`
`axis, whereas warp-knitted textiles are constructed by crimping yarn into loops
`
`along a vertical axis as shown below in Figure 1.
`
`Id.; CIBA-GEIGY, KNITTED
`
`FABRICS, MANUFACTURE AND PROCESSING, 55 (1976).
`
`There are different
`
`subcategories of loop structures within the broader categories of “weft knit” fabrics
`
`and “warp knit” fabrics. For example, weft knit fabrics can further be classified as
`
`single knits and double knits. Two subcategories of warp knitting include tricot or
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`raschel knit fabrics.
`
`Figure 1. Warp-knitted fabric structure (left) and weft-knitted fabric structure
`(right). WELLINGTON, at p. 88.
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`37.
`
`The choice in knitting machine used to create a fabric depends on the
`
`type of loop structure desired. While different knitting machines may be used to
`
`create weft knit or warp knit fabrics, a particular knitting machine will govern the
`
`manner in which loops of the knit are formed. The weft or warp knit structures are
`
`generally formed using either a flat or circular knitting machine. WELLINGTON at p.
`
`127; CIBA-GEIGY, at pp. 9, 11, 12; GAJJAR, B. J., WARP KNIT FABRICS
`
`TECHNOLOGIES 9 (Emerald Ink Publishing, 2007).
`
`38.
`
`The Sheex patents state that circular knitting is a form of weft
`
`knitting. ‘580 patent at 2:57-3:4. A POSITA would have understood that although
`
`both flat knitting machines and circular knitting machines may be used to produce
`
`warp-knitted or weft-knitted textiles that circular knit machines were more
`
`commonly used for weft knit fabrics, and that flat knitting machines were more
`
`commonly used for warp knitting. WELLINGTON at 128-129; see also CIBA-GEIGY,
`
`at 11; GAJJAR, at 9. Cf. ‘580 patent at 2:57-3:4.
`
`39. Circular weft knit machines typically utilize a rotating cylinder. See
`
`WELLINGTON at 128. Needles are placed on the circumference of the cylinder
`
`drum and are engaged by cams which cause needles to move up and down. Yarn is
`
`fed to the needles to form the interlocking loops of the knit structure. In flat weft
`
`knitting machines yarn is fed to a moving head that reciprocates along the machine
`
`width.
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`
`
`Table 2 Classification of knits
`Arrangement of Needles
`in the Knitting Machine
`In a circle
`In one line (flat)
`(circular)
`
`Direction of thread
`
`Lengthwise in the
`fabric (warp)
`
`Flat warp knit
`fabric
`
`Crosswise in the
`fabric (weft)
`
`Flat weft knit
`fabric
`
`Circular warp knit
`fabric
`
`Circular weft knit
`fabric
`
`In circular weft knitting, the fabric is formed in a hollow tube shape whereas in flat
`
`knitting, the fabric is formed in a planar shape. The diameter of a hollow tube of
`
`fabric produced by a circularly knit machine depends in part on the size of the
`
`circular knitting machine itself. Machinery for manufacturing circularly knit
`
`fabrics was well-known and in widespread use long before the earliest possible
`
`filing date of the ‘580 patent.
`
`‘580 patent at 2:57-3:4, 2:15-22, 7:65-8:5. For
`
`example, circular knitting has been used to manufacture fabrics since at least 1907.
`
`See DAVID J. SPENCER, KNITTING TECHNOLOGY, 76 (2nd Ed., 1997).
`
`40.
`
`In warp knitting machines, multiple yarns are wound on a beam; each
`
`yarn is fed into a needle. WELLINGTON at 130. Warp knitting is usually performed
`
`with flat machines, where needles are placed on a bar on the machine, and each
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`needle is fed a separate yarn. Warp knitting with circular machines was well
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`known to POSITAs long before the earliest possible filing date of the ‘580 patent,
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`16
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`however warp knitting was–and still
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`is–most commonly performed with flat
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`knitting machines. As explained above, flat weft knitting machines produce a
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`planar knit fabric. Warp knit and weft knit fabrics can generally be constructed
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`from a wide variety of different yarns.
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`41. Circular weft knit fabrics typically exhibit several characteristics, such
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`as the ability to:
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`
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`Be either fully fashioned or cut to shape and sewn
`Form a run in the wale direction if a yarn breaks
`Stretch in the course direction
`Recover from wrinkling and folding
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`WELLINGTON at 130. These characteristics are suitable for various end-use
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`applications. See ‘580 patent at 1:59-62. For example, circular weft knit fabrics
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`are used in apparel (lingerie, underwear, infants’ wear, hosiery products, sweaters,
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`outerwear, swimsuits), household items (crib mattresses, upholstery, furniture,
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`mattress covers and pads), and industrial applications (medical products such as
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`artificial arteries and bandages, reinforcing structures in helmets and hoses,
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`flexible composites and geotextiles). See, e.g., WELLINGTON at 475.
`
`42.
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`Elasticity is one characteristic that is particularly useful with athletic
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`apparel. WELLINGTON at 475; see also U.S. Pat. No. 5,415,924 (“Elasticity … is
`
`an essential feature of any garments worn by bicyclists and surfers who prefer
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`garments which are snug but flexible and comfortable.”); 6,006,550 (“[T]he fabric
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`IPR of U.S. Patent No. 8,402,580
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`17
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`
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`has good elasticity properties, is durable, and remains stable when pulled or
`
`stretched. Furthermore, the fabric has good washability characteristics, and dries
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`quickly due to its airy nature. As a result, the fabric has particular advantages in the
`
`manufacture of athletic apparel”). Elasticity reflects the ability of a fabric to adapt
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`to a new shape in the presence of a load, and recover to its original shape after the
`
`load is removed. WELLINGTON at 575. Thus, it was also well known that fabrics
`
`with elasticity were useful in bedding applications. For example, fabrics with high
`
`elasticity could be used in fitted sheets to fit a wider range of bed and mattress
`
`sizes, and enhance the comfort of a bed sheet to a user. See e.g., U.S. Pat. No.
`
`6,532,608 (“Elasticity of
`
`the fabric permits use with a range of mattress
`
`thicknesses, and further provides an enhanced level of comfort to the user.”); U.S.
`
`Pat. Pub. No. 2003/0154748 (“This overall blend of spandex and poly-cotton fibers
`
`creates a knitted fabric having resilience, elasticity and versatility beyond that of a
`
`traditional poly-cotton blend fabric. This knitted fabric is used to produce fitted
`
`contour sheets which retain shape better, are more easily handled, and have a
`
`greater life than standard poly-cotton blend sheets.”). A fabric’s elasticity is
`
`typically a result of the type of yarn and loop structure used to knit the fabric. The
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`elasticity due to the fabric’s yarn is in part based on the viscoelasticity of the yarn’s
`
`fibers.
`
`Id. Viscoelasticity is a measure of the fiber’s ability to stretch or strain
`
`(also known as “elongation”) in response to an applied stress (such as a weight-
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`18
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`
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`bearing load), and the fiber’s ability to recover from that load. Id. at 575. Fibers
`
`with high recovery were known as elastomeric. See ‘695 at 1:35-43(“[H]ard yarns,
`
`which are not elastomeric, do not provide a recovery force to rearrange the knit
`
`stitches.”). It was well known that spandex was considered an elastomeric yarn.
`
`U.S. Pat. No. 6,164,092 (“[I]t is preferred that the material be made of the
`
`elastomeric textile fiber known as spandex”). It was also well known that spandex
`
`has particularly high elongation and elastic recovery properties. WELLINGTON at
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`568.
`
`43. With respect to loop structure, a weft knit fabric contains several
`
`crimps along the horizontal axis as shown above in Figure 1. When the fabric is
`
`pulled along this direction, the crimps expand, causing the fabric to stretch. This is
`
`also true in the vertical direction to a lesser extent. The loop structure and elasticity
`
`of the fibers will cause the loops to retract to their crimped state when tension is
`
`released.
`
`In this way, the fabric’s loops function like springs that stretch under
`
`tension, and retract when the tensioning forces are released. Warp knit fabrics, by
`
`contrast are less elastic because of the geometry of the loop structures. As Figure 1
`
`above shows, there are less crimps along the vertical or horizontal axis that causes
`
`the fabric to stretch.
`
`44.
`
`Some fibers are more elastic than others. For example, spandex is a
`
`highly elastic type of fiber, and when included in greater amounts of a yarn,
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`19
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`
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`increases the elasticity of the fabric. WELLINGTON at 816. The term “spandex”
`
`refers to the industry-wide generic name given to fibers based on the chemistry of
`
`the fibers and their physical properties. WELLINGTON at 37. It is a manufactured
`
`fiber in which the fiber forming substance is a segmented polyurethane molecular
`
`structure. Id. at 50. Polymers have chemical names assigned by the International
`
`Union of Pure and Applied Chemistry (“IUPAC”) based on their chemical
`
`components. Thus, the chemical name for spandex fiber is polyurethane.
`
`45.
`
`The polyurethane structures can be formed by a variety of different
`
`processes. For example, the specific steps and conditions used by Dupont Inc.
`
`form their proprietary version of spandex known as Lycra®. Different processes
`
`may result in different properties in the fiber. Polyurethane-urea is a copolymer
`
`that is a subclass of polyurethane. See e.g., U.S. Pat. Pub. 2005/0027094 (“The
`
`polyurethane can be a polyurethaneurea, which is a sub-class of polyurethane.”).
`
`The Sheex patents state that spandex—which is also commonly referred to as
`
`elastane—”is a polyurethane-polyurea copolymer that was invented by DuPont.”
`
`Id.; see also ‘580 patent at 4:21-30. A POSITA would have understood from this
`
`discussion of spandex in the ‘580 patent that both polyurethane and polyurethane-
`
`polyurea copolymers were well-known types of spandex, and commonly used for
`
`their “exceptional elasticity.” ‘580 patent at 4:21-30; see also (“Polyurethane/urea
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`elastomers in the form of fibers and films have found wide acceptance in the textile
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`20
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`
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`industry.”). Because of spandex’s exceptional elasticity and strength, spandex has
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`typically been used in materials and textiles such as elastic bands, protective
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`apparel, athletic wear and bedding. WELLINGTON at 50.
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`46. After a fabric is manufactured (e.g., using circular knitting), the fabric
`
`undergoes one or more finishing processes. Finishing processes can involve
`
`mechanically treating the fabric (e.g., heat setting the fabric), or chemically
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`treating the fabric (e.g., applying dye or chemicals to a fabric). WELLINGTON, at
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`173-174. There are many reasons for finishing of fabrics such as, for example,
`
`imparting properties onto the fabric, improving durability, or setting dyes. Id. The
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`imparted properties can include for example various functional qualities, such as
`
`moisture management, UV protection,
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`anti-microbial properties,
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`thermo-
`
`regulation, and wind and water resistance. Heat setting processes are generally
`
`used to permanently set the twist and crimps of the fabric’s yarns. Id. It was well
`
`known to a POSITA to use heat setting to finish performance fabrics. For
`
`example, it was well known that heat setting of fabrics containing spandex would
`
`increase the fabric’s dimensional stability.
`
`Id. at 174; ‘695 patent at 2:55-59
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`(explaining that heat setting stabilizes the spandex). It was also well known to use
`
`a heat setting process to finish bedding fabrics. See, e.g., U.S. Pat. No. 5,127,115
`
`(describing a mattress cover, explaining that “[d]uring the finishing process, the
`
`nylon-covered synthetic threads are heat-set on a tenter frame.”).
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`IPR of U.S. Patent No. 8,402,580
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`21
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`
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`47.
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`Some of these finishing processes require the fabric be kept relatively
`
`flat as it is passed through a finishing machine. Otherwise, the fabric may interfere
`
`with the finishing process. WELLINGTON at 161-162; ‘580 patent at 8:6-23. If the
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`fabric is non-flat (e.g., by having waves, undulating centers, sags, or wrinkles), the
`
`effectiveness or quality of
`
`the finishing process may become impaired.
`
`WELLINGTON at 161-162. For example, a finish or dye may not be taken up
`
`uniformly by the fibers, wrinkles may be permanently set, the strength of the fabric
`
`may be reduced, fabric width or weight may be improper, distortions may form
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`resulting in bowing or skewing, or the fabric may catch a roll, or similar
`
`component that is used to convey or pass the fabric through a finishing machine.
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`WELLINGTON at 161-162.
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`48.
`
`Finishing machines use different components to flatten wrinkles and
`
`sags out of a knit fabric before it is passed through the machine. For example,
`
`some processes cut the circular knit fabric open and attach its edges to a tenter
`
`frame or tenter pins which are used to apply tension and flatten waves, wrinkles, or
`
`sags in the fabric before being passed through a heat set machine. See ‘695 patent
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`at 2:45-47; U.S. Pat. No. 6,016,591 at (“In order to carry out the heat setting of the
`
`raw tubular goods, it has conventionally been necessary to first cut open the
`
`tubular goods along the lengthwise direction, i.e. so as to open the tubular goods
`
`into a flat single layer knitted web, which is then held under tension in a
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