IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`Willis Electric Co., Ltd.,
`
`
`Plaintiff,
`
`v.
`
`Polygroup Limited (Macao Commercial
`Offshore), Polygroup Macau Limited (BVI),
`Polytree (H.K.) Co. Ltd.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 15-cv-3443 WMW/SER
`
`JURY TRIAL DEMANDED
`
`GROUP III POLYGROUP TREES AS REPRESENTED BY THE 7 FT. 6 IN. PRE-LIT HARRISON FIR TREE –
`SUPPLEMENTAL INFRINGEMENT CLAIM CHART:
`US PATENT NO. 8,454,187
`
`This disclosure is provided pursuant to Court order and the parties’ mutual understanding regarding
`infringement disclosures, including but not limited to an agreement reached between counsel on October 26, 2016. This
`disclosure is not an admission or waiver of any kind. These disclosures are a form of discovery and are not considered
`evidentiary. These disclosures are based upon the information that Willis Electric has available to it at this time, and it
`may amend these disclosures to reflect additional information from Defendants as it becomes available. Willis Electric
`reserves the right to modify or edit or amend these disclosures as allowed by the Court, the rules, for good cause, or
`pursuant to agreement and stipulation by the parties. Willis Electric further reserves the right to amend these contentions
`based upon claim construction rulings or positions, including by relying upon the doctrine of equivalents or indirect
`infringement theories not implicated by its current understanding of the claims. The parties have agreed to allow
`amendment of disclosures as follows:
`1.
`Both parties will provide information and documents regarding all trees with the “one plug” or trunk-
`based-internal-wiring connectors.
`There are many products or models sold by both parties that for the purposes of infringement analysis
`are the same (i.e., they have the same wiring and electrical connectors but they have different aesthetic
`features such as number/color of lights, fullness of branches, heights). We have agreed that both sides
`(i.e., Willis in D. Minn and Polygroup in WDNC) will be allowed to select a “representative” product to
`chart. The chart will use evidence from one product, but will outline the infringement case against the
`group of products that it represents. The receiving party will then object and identify a product that is not
`represented by the chart (e.g., has a different connector, should be on a different chart, or should have its
`own chart) as well as the reason that it is not represented by the evidence in the chart. The receiving party
`will work to provide its objection(s) as soon as possible, but in no event no more than 30 days later absent
`extenuating circumstances. This will be in the responsive chart ordered by the court in a scheduling
`order, if applicable, or within 30 days, if there is no applicable court deadline. The charting party can then
`supplement its charts to move the product to the “correct” chart or chart the non-represented product
`
`2.
`
`1 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 292
`
`

`

`3.
`
`4.
`
`separately. The charting party will work to provide its supplemental chart(s) as soon as possible, but in
`no event no more than 30 days later absent extenuating circumstances.
`Parties may also become aware of additional products in the course of discovery. A party may
`supplement its charts to add such a product, and the other party will again have an opportunity to object
`to the addition of that product as not represented by the chart, and the product can be moved to the
`correct chart if necessary. As in paragraph #2 above, the parties will work to provide supplemental
`chart(s) and/or objection(s) as soon as possible, but in no event more than 30 days later absent
`extenuating circumstances.
`Though there are a number of products, neither party believes this arrangement will delay the litigation
`or discovery process, because most of the products have common elements with one another and the
`measure of adding or subtracting a product name from a chart is a low-intensity process. To the extent
`that any objecting and/or supplementing addressed in paragraphs #2 and #3 above creates any
`problem(s) with any deadlines under any Court scheduling order, the parties agree to work together to
`resolve such problem(s).
`This chart is intended to represent a group of products that Willis Electric views to infringe its patents in a similar
`manner. This belief is based upon a review of exemplary products and products identified by Defendants. The group of
`known products that this chart is believed to represent includes the trees identified in Exhibit C, attached, as well as the
`following:
`
`
` Balsam Hill “5 Northland Pine” EZ Plug, sold at QVC, #4203220
` Member’s Mark “7’ Carson Spruce” Twinkle, sold at Sam’s West/Sam’s Club, #634912, SWP14051
` Martha Stewart Living “7.5’ Downswept Denison Spruce” sold at Home Depot, #416192, TGP3739D06
` Holiday Time “7.5’ Edgewood Spruce”, sold at Walmart, #MP120530
` Home Accents “7.5’ Harrison Fir” sold at Home Depot
` Martha Stewart Living “7.5’ Matthew Fir” sold at Home Depot, #1000048865
` Holiday Time “7.5 Norwich Spuce” Quick Set, sold at Walmart, #TG76P4751D00
`
`“9’ EZ Connect Dual Color” sold at Costco, #915690
`
`
`
`Finally, as noted in, for example, Paragraphs 34, 42, 47, 60, 74, 83, and 94 of the Amended Complaint, Willis
`Electric has asserted causes of action for indirect infringement against Defendants, in addition to claims of direct
`infringement. Defendants have been on notice of these claims since that pleading and the Court’s Scheduling Order
`requires no further explanation. As it currently stands, however, Defendants have objected that Willis Electric’s
`previously served infringement contentions do not adequately explain its indirect theories. Willis does not agree that
`those objections are well founded, in part because the Scheduling Order does not require any specificity regarding
`indirect infringement, and in part because the claims, as properly construed, do not require resort to an indirect theory of
`infringement. Specifically, Willis Electric does not believe that the appropriate construction of any terms of any asserted
`apparatus claims would limit such claims to an assembled tree, as opposed to one that has been designed and
`manufactured in a manner that allows for the type of connections that are referenced in the claim language when the tree
`is assembled as intended. Unless or until the claims are construed as requiring actual connections/assemblies, Willis
`Electric sees no need to resort to allegations of indirect infringement. Without waiving these positions, Willis Electric
`
` 
`
`2 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 293
`
`

`

`supplements these charts with further explanation of its indirect infringement claims, in response to objections/concerns
`noted by Defendants.
`Generally, to the extent the claims are construed to require actual assembly of the various component parts, Willis
`Electric states as follows: Defendants’ intermediate resellers necessarily directly infringe the asserted patent claims when
`they assemble samples of the products for display in a retail environment, in accordance with Defendants’ detailed
`instructions. In addition, end-user customers necessarily directly infringe the asserted patent claims when they assemble
`the products for their intended purpose in accordance with Defendants’ detailed instructions. These instructions are
`identified and discussed in association with particular claim language in the following contentions. Additional detail, to
`the extent necessary, will be forthcoming during discovery. Defendants have had knowledge of Willis Electric’s patents at
`least since the filing of the complaint, if not earlier (which date is the subject of discovery) and have intended to induce
`and/or contribute to indirect infringement. Specifically, as demonstrated by the instructions accompanying the accused
`products, Defendants clearly know that their products have no substantial non-infringing use; rather, the reason for
`purchasing them is to assemble them in an infringing manner. Similarly, the Defendants – by way of advertising,
`packaging, and instructions – encourage purchasers to assemble the trees in a manner that meets even a narrow
`interpretation of the claim.
`
`
`
`3 
`
` 
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 294
`
`

`

`
`
`CLAIM
`1. A lighted
`artificial tree,
`comprising:
`
`EVIDENCE
`The preamble is not limiting. However, to the extent the preamble is limiting, this limitation is met.
`
`The 7 ft 6 in Pre-Lit Harrison Fir Tree ("Harrison Fir") is a lighted artificial tree:
`
`The label attached to the box containing the Harrison Fir (“box label”) identifies the Harrison Fir as
`being a pre-lit tree with multi-color lights, as shown in the photos below. The Harrison Fir box label
`indicates the tree is artificial.
`
`The box label states the tree is a “Quick Set ® Tree Easy as 1, 2, 3” and shows multiply tree portions
`plugging into each other.
`
`
` A
`
` tag attached to the Harrison Fir states the tree is a, “Quick Set ® Tree” and that there are “no
`messy plugs to deal with inside the tree.”
`
` 
`
`4 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 295
`
`

`

`
`The box label details many features of a lighted artificial tree, including “Pre-lit,” “2,930 tips with 550
`dual LED lights,” “Quick set ® technology for easy assembly and electrical connectivity,” and
`“flame-resistant.”
`
` 
`
`5 
`
`
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 296
`
`

`

`
`The price tag attached to the box states the tree is “prelit LED” and “Quick Set.”
`
`
`
` 
`
`6 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 297
`
`

`

`The box label includes a picture of the lighted artificial tree.
`
`
`
`The package insert shows assembly instructions for multiple tree portions, showing the tree is
`artificial. The instructions also state that once assembled and plugged in, “All your lights should
`now be lit,” disclosing the artificial tree is also lighted. The safety information includes several
`warnings including, “this is an electric product and not a toy,” and “this seasonal product is not
`intended for permanent installation or use.”
`
` 
`
`7 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 298
`
`

`

`
`This photograph shows a picture of the assembled Harrison Fir, thereby disclosing a lighted artificial
`tree.
`
`
`
` 
`
`8 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 299
`
`

`

`
`See generally Preliminary Statement, pp. 3-4. To the extent this claim language is construed
`to require actual assembly of the various component to create specific contacts, couplings and/or
`connections (as opposed to design potential), the box label and assembly instructions accompanying
`the product clearly encourage a user (e.g., a homeowner setting up the tree for the holidays or a
`retailer setting up a display area) to assemble the tree in a manner that, by design, satisfies the
`recited connections/contacts/couplings, as shown below.
`
` 
`
`9 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 300
`
`

`

` 
`The instructions emphasize the ease of setup while exhorting the user to “read and follow all
`instructions that are on the product or provide with the product.” The instructions depict the three tree
`portions being stacked seriatim on top of the base. They also depict the designed connection between
`each of those portions. The tree portions and base have been designed and manufactured such that, if
`the instructions are followed, the couplings/connections are necessarily made when a complete tree as
`shown/advertised is assembled.
`
`The tree portions as shipped and sold by Polygroup have no substantial non-infringing use.
`
`They can only be functionally assembled in a directly infringing manner. The infringing tree portions
`are specially designed to be assembled only with one another. Polygroup includes each of the tree
`portions in the same box, with the knowledge and intent that they be assembled by the end user in an
`infringing manner.  
`
`The Harrison Fir has a first tree portion including a first trunk portion:
`
`“Section 1,” as described in the box instructions for the Harrison Fir, is a first tree portion. Section 1,
`also referred to as “tree bottom,” is shaped like the lower section of most conifer trees. The first tree
`portion includes a hollow, cylindrical structure (as seen in the bubble diagram below) which is
`10 
`
`Claim 1(a):
`a first tree
`portion
`including a
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 301
`
`

`

`positioned at the center of the tree portion, where a tree trunk is often located, thereby disclosing a
`first trunk portion.
`
`
`
`
`
`first trunk
`portion,
`
`
`
` 
`
`11 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 302
`
`

`

`Further, a photograph of section 1 shows a first tree portion including a first trunk portion. The
`section looks like a portion of tree and has a hollow, cylindrical structure, which is centrally located
`as a tree trunk is in a tree.
`
`
`
`
`
`First tree 
`portion 
`
`First trunk 
`portion 
`
`
`
`The Harrison Fir has a first tree portion including a first trunk portion, a first plurality of branches
`joined to the first trunk portion:
`
`
`The first tree portion includes a first plurality of branches joined to the first trunk portion.
`
` a
`
`
`
` first plurality
`of branches
`joined to the
`first trunk
`portion, and
`
` 
`
`12 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 303
`
`

`

`First tree 
`portion 
`
`
`According to the assembly instructions, once the tree sections are connected, the branches may be
`shaped and adjusted, thereby disclosing that a plurality of branches are connected to the first trunk
`portion.
`
`First plurality 
`of branches 
`
`
`
` 
`
`13 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 304
`
`

`

`
`This photograph of the first tree portion shows a first plurality of branches joined to the first trunk
`portion.
`
`First Trunk 
`Portion 
`
`First Tree 
`Portion  
`
`First Plurality 
`of Branches 
`joined to the 
`First Trunk 
`Portion 
`
`
`The Harrison Fir has a first tree portion including a first trunk portion, a first plurality of branches
`joined to the first trunk portion, and a first light string affixed to a portion of the first plurality of
`branches:
`
` a
`
`
`
` first light
`string affixed
`to a portion of
`the first
`plurality of
`branches,
`
` 
`
`14 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 305
`
`

`

`
`Features on the box include:
`
`
`This first portion of the Harrison Fir has at least one light string:
`
`
`
`First light 
`string 
`
`First tree 
`portion 
`
`The first light string is affixed to a portion of the branches by various means, including clips (seen
`below) and ties:
`
`
`
`
`
`the first trunk
`portion having
`a first trunk
`
` 
`
`15 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 306
`
`

`

`Clip 
`
`
`
`
`
`The Harrison Fir has a first trunk portion having a first trunk wall defining a first trunk interior:
`The first trunk portion has a hollow cylindrical structure with a trunk wall that defines the first trunk
`interior.
`
`
`First Trunk Portion 
`
`First Trunk Interior 
`
`
`
`First Trunk Wall 
`
`
`
`wall defining a
`first trunk
`interior,
`
` a
`
` first trunk
`electrical
`connector and
`
`
`
` 
`
`16 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 307
`
`

`

`The Harrison Fir has a first trunk portion defining a first trunk interior and having a first trunk
`electrical connector:
`
`The hollow, cylindrical portion of the first trunk portion contains a first trunk electrical connector, as
`seen in this cross sectional photograph.
`
`
`First Trunk 
`Electrical 
`Connector 
`
`First Trunk Interior 
`
`
`This bird’s eye perspective photograph shows the first trunk electrical connector of the first trunk
`portion within the first trunk interior.
`
`
`
`First trunk 
`electrical 
`connector 
`
`First trunk 
`interior 
`
`
`The assembly instructions show a first trunk portion with a first trunk electrical connector in the
`bubble illustration below.
`
`
`
` 
`
`17 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 308
`
`

`

`
`
`
`The Harrison Fir has a first trunk portion defining a first trunk interior and having a first trunk
`electrical connector and a first trunk wiring assembly:
`
`The hollow, cylindrical structure of the first trunk portion contains first trunk wiring assembly
`having multiple wires.
`
`
` a
`
` first trunk
`wiring
`assembly,
`
`
`
`the first trunk
`electrical
`connector
`including a
`first electrical
`contact and a
`second
`electrical
`contact,
`
`
`
` 
`
`18 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 309
`
`

`

`First Trunk Portion 
`
`First Trunk Interior 
`
`First Trunk 
`Wiring Assembly 
`
`
`
`
`
`The Harrison Fir has a first trunk portion defining a first trunk interior and having a first trunk
`electrical connector and a first trunk wiring assembly, the first trunk electrical connector including
`a first electrical contact and a second electrical contact:
`
`The first trunk electrical connector has two electrical contacts:
`
`First Electrical Contact 
`
`Second Electrical Contact 
`
`
`
`
`
`
`
`the first trunk
`wiring
`assembly
`electrically
`connectable to
`the first light
`string and the
`first trunk
`electrical
`connector, and
`wherein at
`least a portion
`of the first
`trunk wiring
`assembly is
`located within
`the first trunk
`interior;
`
`The Harrison Fir has a first trunk portion defining a first trunk interior and having a first trunk
`electrical connector and a first trunk wiring assembly, the first trunk electrical connector including a
`first electrical contact and a second electrical contact, the first trunk wiring assembly electrically
`19 
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 310
`
`

`

`connectable to the first light string and the first trunk electrical connector, and wherein at least a
`portion of the first trunk wiring assembly is located within the first trunk interior:
`
`As can be seen in the cross sectional photograph below, the first trunk wiring assembly is connected
`to the first light string. As can also be seen, the wires of the first trunk wiring assembly electrically
`connect to the first trunk connector.
`
`
`
`First Trunk 
`Electrical 
`Connector 
`
`First Trunk 
`Wiring Assembly 
`
`First Trunk Interior 
`
`First Light 
`String 
`
`
`
`
`As seen in this cross sectional photograph, at least a portion of the first trunk wiring assembly is
`located within the first trunk interior.
`
`
`See generally Preliminary Statement, pp. 3-4. To the extent this claim language is construed
`to require actual assembly of the various component to create specific contacts, couplings and/or
`connections (as opposed to design potential), the box label and assembly instructions accompanying
`the product clearly encourage a user (e.g., a homeowner setting up the tree for the holidays or a
`retailer setting up a display area) to assemble the tree in a manner that, by design, satisfies the
`recited connections/contacts/couplings, as shown below.
`
` 
`
`20 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 311
`
`

`

` 
`The instructions emphasize the ease of setup while exhorting the user to “read and follow all
`instructions that are on the product or provide with the product.” The instructions depict the three tree
`portions being stacked seriatim on top of the base. They also depict the designed connection between
`each of those portions. The tree portions and base have been designed and manufactured such that, if
`the instructions are followed, the couplings/connections are necessarily made when a complete tree as
`shown/advertised is assembled.
`
`The tree portions as shipped and sold by Polygroup have no substantial non-infringing use.
`
`They can only be functionally assembled in a directly infringing manner. The infringing tree portions
`are specially designed to be assembled only with one another. Polygroup includes each of the tree
`portions in the same box, with the knowledge and intent that they be assembled by the end user in an
`infringing manner.  
`
`The Harrison Fir has a second tree portion including a second trunk portion:
`
`
`“Section 2,” as described in the box instructions for the Harrison Fir, is a second tree portion. Section
`2, also referred to as “Tree center,” is shaped like a tapering conifer tree. The second tree portion
`21 
`
`Claim 1(b):
`a second tree
`portion
`including a
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 312
`
`

`

`includes a hollow, cylindrical structure positioned at the center of the second tree portion, where a
`tree trunk is often located, thereby disclosing a second trunk portion.
`
`A photograph of the “tree center” shows a second tree portion including a second trunk portion.
`
`
`
`second trunk
`portion,
`
`
`
` 
`
`22 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 313
`
`

`

`Second Tree 
`Portion 
`
`Second trunk 
`portion 
`
`
`The Harrison Fir has a second tree portion including a second trunk portion, a second plurality of
`branches joined to the second trunk portion:
`
`Photographs of the second tree portion shows a second plurality of branches that attach to the
`second trunk portion.
`
`
`
`Second plurality 
`of branches 
`
`Second trunk 
`portion 
`
`
`
`
`
` a
`
`
`
` second
`plurality of
`branches
`joined to the
`second trunk
`portion, and
`
` 
`
`23 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 314
`
`

`

`Second trunk 
`portion 
`
`Second 
`plurality of 
`branches 
`joined to 
`the Second 
`Trunk 
`Portion 
`
`
`
`The Harrison Fir has a second tree portion including a second trunk portion, a second plurality of
`branches joined to the second trunk portion, and a second light string affixed to a portion of the
`second plurality of branches:
`
`Features on the box include:
`
`
`
`
`A photograph of the second tree portion shows a second light string, which is comprised of at least
`one string of lights.
`
`
` a
`
`
`
` second light
`string affixed
`to a portion of
`the second
`plurality of
`branches,
`
` 
`
`24 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 315
`
`

`

`Second trunk portion of 
`the second tree portion 
`
`Second light 
`string 
`
`
`
`
`
`
`The second light string is affixed to a portion of the branches by various means, including clips (seen
`below) and ties:
`
`Clip 
`
`
`
`25 
`
`
`
`
`
`
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 316
`
`

`

`
`The Harrison Fir has a second trunk portion having a second trunk wall defining a second trunk
`interior:
`
`The second trunk portion includes a hollow, cylindrical structure, as seen by this cross sectional
`photograph. The hollow, cylindrical structure has a trunk wall that defines a second trunk interior.
`
`
`Second Trunk Wall 
`
`Second Trunk Interior 
`
`Second Trunk Portion 
`
`
`
`
`
`The Harrison Fir has a second trunk portion having a second trunk wall defining a second trunk
`interior, a second trunk electrical connector and a second trunk wiring assembly:
`
`The second trunk portion includes a second trunk electrical connector. The second trunk portion
`also includes a wiring assembly with multiple wires..
`
`Second Trunk  
`Electrical Connector 
`
`Second Trunk Interior 
`
`Second Trunk 
`Wiring Assembly 
`
`Second Trunk Portion 
`
`
`
` A
`
` bird’s eye perspective photograph shows the second trunk electrical connector of the second trunk
`portion, to which the second trunk wiring assembly connects.
`
`
`
`the second
`trunk portion
`having a
`second trunk
`wall defining a
`second trunk
`interior,
`
` a
`
` second trunk
`electrical
`connector and
`a second trunk
`wiring
`assembly,
`
`
`
` 
`
`26 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 317
`
`

`

`Second trunk 
`electrical connector 
`
`
`
`
`
`The Harrison Fir has a second trunk portion having a second trunk wall defining a second trunk
`interior, a second trunk electrical connector and a second trunk wiring assembly, the second trunk
`electrical connector including a first electrical contact and a second electrical contact:
`
`The second trunk electrical connector has two electrical contacts:
`
`
`Second Electrical Contact 
`
`First Electrical Contact 
`
`
`
`27 
`
`
`
`
`
`the second
`trunk electrical
`connector
`including a
`first electrical
`contact and a
`second
`electrical
`contact,
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 318
`
`

`

`
`
`The Harrison Fir has a second trunk portion having a second trunk wall defining a second trunk
`interior, a second trunk electrical connector and a second trunk wiring assembly, the second trunk
`electrical connector including a first electrical contact and a second electrical contact, the second
`trunk wiring assembly electrically connectable to the second lighting string and the second trunk
`electrical connector, , wherein at least a portion of the second wiring assembly is located within
`the second trunk interior
`
`As can be seen in the cross sectional photograph below, the second trunk wiring is electrically
`connected to the second light string. The wires of the second trunk wiring assembly also electrically
`connect to the second trunk electrical connector. At least a portion of the wires comprising the
`second wiring assembly are located within the second trunk interior.
`
`
`
`Second Trunk 
`Electrical Connector 
`
`
`
`the second
`trunk wiring
`assembly
`electrically
`connectable to
`the second
`lighting string
`and the second
`trunk electrical
`connector, and
`wherein at
`least a portion
`of the second
`wiring
`assembly is
`located within
`the second
`trunk interior;
`and
`
`Second Trunk 
`Wiring Assembly 
`
`Second Trunk Interior 
`
`Second Lighting String 
`
`The second light string connected to the second trunk wiring assembly.
`
`
`
`Second Lighting String 
`
`Second trunk wiring assembly 
`
`
`
`
`
`See generally Preliminary Statement, pp. 3-4. To the extent this claim language is construed
`to require actual assembly of the various component to create specific contacts, couplings and/or
`connections (as opposed to design potential), the box label and assembly instructions accompanying
`the product clearly encourage a user (e.g., a homeowner setting up the tree for the holidays or a
`28 
`
` 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 319
`
`

`

`retailer setting up a display area) to assemble the tree in a manner that, by design, satisfies the
`recited connections/contacts/couplings, as shown below.
`
` 
`The instructions emphasize the ease of setup while exhorting the user to “read and follow all
`instructions that are on the product or provide with the product.” The instructions depict the three tree
`portions being stacked seriatim on top of the base. They also depict the designed connection between
`each of those portions. The tree portions and base have been designed and manufactured such that, if
`the instructions are followed, the couplings/connections are necessarily made when a complete tree as
`shown/advertised is assembled.
`
`The tree portions as shipped and sold by Polygroup have no substantial non-infringing use.
`
`They can only be functionally assembled in a directly infringing manner. The infringing tree portions
`are specially designed to be assembled only with one another. Polygroup includes each of the tree
`portions in the same box, with the knowledge and intent that they be assembled by the end user in an
`infringing manner.  
`
`Claim 1 (c):
`
`In the Harrison Fir, the second tree portion is mechanically coupleable to the first tree portion
`about a central vertical axis:
`
` 
`
`29 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 320
`
`

`

`The hollow cylindrical portion of the first tree portion is configured to receive an end of the hollow
`cylindrical portion of the second tree portion, such that the two hollow cylindrical portions are
`mechanically coupleable about a central vertical axis, as shown below. Moreover, the first trunk
`electrical connector and second trunk electrical connector are mechanically and electrically
`coupleable as shown in the photos, thereby furthering the mechanical coupling of the second tree
`portion to the first tree portion.
`
`Central Axis 
`
`Second Trunk 
`Electrical 
`Connector 
`
`First Trunk 
`Electrical 
`Connector 
`
`First 
`Trunk 
`Portion 
`
`
`
`
`
`Second 
`Trunk 
`Portion
`
`
`
`The box label illustrates the coupling of the second trunk into the first.
`
`
`
`Box instructions further state the upper sections should be inserted into (or mechanically coupled
`with), the lower sections, indicating that the second tree portion is mechanically coupleable to the
`first tree portion. The instructions also depict a picture showing the first tree portion and the second
`tree portion being mechanically coupled along a central vertical axis above a tree stand:
`
`wherein the
`second tree
`portion is
`mechanically
`coupleable to
`the first tree
`portion about a
`central vertical
`axis, and
`
`
`
` 
`
`30 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 321
`
`

`

`Central 
`Vertical Axis 
`
`Second Tree Portion 
`
`Mechanical Coupling 
`
`First Tree Portion 
`
`
`
`
`In the Harrison Fir, the second tree portion is mechanically coupleable to the first tree portion about
`a central vertical axis, and the second tree portion is electrically connectable to the first tree
`portion such that a portion of the first trunk electrical connector of the first trunk portion contacts
`a portion of the second trunk electrical connector of the second trunk portion when the first tree
`portion and the second tree portion are mechanically coupled:
`
`Electrical contacts of the first and second trunk electrical connectors of the first and second tree
`portions, respectively, are configured to contact each other such that the second electrical connector
`is electrically connectable to the first trunk electrical connector. Because the first and second wire
`assemblies are correspondingly connected to the first and second electrical connectors, an electrical
`connection is thereby created between the first wiring assembly and the second wiring assembly,
`and hence the first trunk portion and the second trunk portion.
`
`
`
`The box label shows an electrical component of the second trunk electrical connector inserting into a
`receiving component of the first trunk electrical connector.
`
`
`
`the second tree
`portion is
`electrically
`connectable to
`the first tree
`portion such
`that a portion
`of the first
`trunk electrical
`connector of
`the first trunk
`portion
`contacts a
`portion of the
`second trunk
`electrical
`connector of
`the second
`
` 
`
`31 
`
`Willis Electric Company, Ltd.
`EXHIBIT 2024
`IPR2016-00801
`Polygroup v. Willis
`Page 322
`
`

`

`Electrical component of the 
`second trunk electrical 
`connector 
`
`Electrical component of the 
`first trunk electrical 
`connector 
`
`
`
`
`
`Photographs of the first trunk electrical connector (left) and the second trunk electrical connector
`illustrate how the two components are electrically connectable to each other, each showing multiple
`rece