PROTECTIVE ORDER MATERIAL
`
`IPR2017-00299
`U.S. Patent No. 8,794,781
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`YOTRIO CORPORATION,
`Petitioner
`
`v.
`
`LAKESOUTH HOLDINGS, LLC,
`Patent Owner.
`
`U.S. Patent No. 8,794,781
`Title: Umbrella Apparatus
`
`Case No. IPR2017-00299
`
`
`
`EXHIBIT 2001 – DECLARATION OF JOHN S. KUELBS
`[EXHIBIT 2002 – REDACTED VERSION]
`
`
`CONTAINS PROTECTIVE ORDER MATERIAL
`
`
`
`
`
`
`
`
`DECLARATION OF JOHN S. KUELBS
`
`
`
`IPR2017-00299
`U.S. Patent No. 8,794,781
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`YOTRIO CORPORATION,
`Petitioner
`
`v.
`
`LAKESOUTH HOLDINGS, LLC,
`Patent Owner.
`
`U.S. Patent No. 8,794,781
`Title: Umbrella Apparatus
`
`Case No. IPR2017-00299
`
`
`
`EXHIBIT 2001 – DECLARATION OF JOHN S. KUELBS
`[EXHIBIT 2002 – REDACTED VERSION]
`
`
`CONTAINS PROTECTIVE ORDER MATERIAL
`
`
`
`
`
`
`
`
`DECLARATION OF JOHN S. KUELBS
`
`
`
`PROTECTIVE ORDER MATERIAL
`
`I, John S. Kuelbs, declare as follows:
`
`IPR2017-00299
`U.S. Patent No. 8,794,781
`
`1.
`
`I am a resident of Roanoke, Texas, am over the age of 18, and am not
`
`otherwise incapable of making this Declaration. I have personal knowledge of the
`
`facts set forth below and the statements made herein.
`
`2.
`
`I currently run the day-to-day operations of LakeSouth Holdings, LLC
`
`(“LakeSouth”), the owner of United States Patent No. 8,794,781.
`
`3.
`
`4.
`
`I previously served as Chief Executive Officer of World Factory, Inc.
`
`I am submitting
`
`this Declaration
`
`in support of LakeSouth’s
`
`Preliminary Response to the Request for Inter Partes Review filed by Petitioners
`
`Yotrio Corporation; Kohl’s Department Stores, Inc.; Kohl’s Illinois, Inc.; and
`
`Home Depot U.S.A., Inc.
`
`5.
`
`A publicly available, redacted version of this Declaration is being
`
`filed as Exhibit 2002 to LakeSouth’s Preliminary Response.
`
`6.
`
`Exhibit 2003 to LakeSouth’s Response is a collection of true and
`
`correct copies of various advertisements for solar-powered lighted umbrellas either
`
`sold by World Factory or licensed under the ’713 and/or ’781 Patents.
`
`7.
`
`LakeSouth Holdings, LLC, and
`
` entered into a Patent
`
`License Agreement effective
`
`. This agreement, which explicitly
`
`references the ’713 and ’781 Patents, requires
`
` to pay ongoing royalty
`
`payments of
`
` for covered products, including solar
`
`
`DECLARATION OF JOHN S. KUELBS
`
`Page 1 of 4
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`
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`PROTECTIVE ORDER MATERIAL
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`powered umbrellas,
`
`IPR2017-00299
`U.S. Patent No. 8,794,781
`. The agreement also
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`requires the licensee to mark covered products with LakeSouth’s patent numbers.
`
`
`
` entered into a Patent License
`
`8.
`
`LakeSouth Holdings, LLC, and
`
`Agreement effective
`
`. This agreement, which explicitly references
`
`the ’713 and ’781 Patents, requires the licensee to pay
`
`
`
` for covered products, including solar powered
`
`umbrellas,
`
`. The agreement also requires
`
`the licensee to mark covered products with LakeSouth’s patent numbers.
`
`9.
`
`LakeSouth Holdings, LLC, and
`
` entered into
`
`a Patent License Agreement effective
`
` This agreement, which
`
`explicitly references the ’713 and ’781 Patents, requires the licensee to pay
`
`including solar powered umbrellas,
`
` for covered products,
`
`. The
`
`agreement also requires the licensee to mark covered products with LakeSouth’s
`
`patent numbers.
`
`10. LakeSouth Holdings, LLC, and
`
` entered
`
`into a Patent License Agreement effective
`
`. This agreement, which
`
`explicitly references the ’713 and ’781 Patents, requires the licensee to pay
`
`
`DECLARATION OF JOHN S. KUELBS
`
`Page 2 of 4
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`
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`PROTECTIVE ORDER MATERIAL
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`including solar powered umbrellas,
`
`IPR2017-00299
`U.S. Patent No. 8,794,781
` for covered products,
`
`. The
`
`agreement also requires the licensee to mark covered products with LakeSouth’s
`
`patent numbers.
`
`11. LakeSouth Holdings, LLC, and
`
` entered into a Patent License Agreement effective
`
`
`
`. This
`
`agreement, which explicitly references the ’713 and ’781 Patents, requires the
`
`licensee to pay
`
`covered products, including solar powered umbrellas,
`
` for
`
`
`
`. The agreement also requires the licensee to mark covered
`
`products with LakeSouth’s patent numbers.
`
`12. Exhibit 2004 to LakeSouth’s Response is a true and correct copy of
`
`box label artwork for the Hampton Bay 9 ft. Solar Lighted Umbrella, supplied by
`
`World Factory for sale at Home Depot.
`
`13. Exhibit 2005 to LakeSouth’s Response is a true and correct copy of
`
`the Use and Care Guide for the Hampton Bay 9 ft. Solar Lighted Umbrella listed
`
`above.
`
`14. Exhibit 2006 to LakeSouth’s Response is a true and correct copy of
`
`box label artwork for the Hampton Bay 9 ft. x 7 ft. Solar Lighted Umbrella,
`
`supplied by World Factory for sale at Home Depot.
`
`
`DECLARATION OF JOHN S. KUELBS
`
`Page 3 of 4
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`
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-00299
`U.S. Patent No. 8,794,78 1
`15. Exhibit 2007 to LakeSouth's Response is a true and correct copy of
`
`the Use and Care Guide for the Hampton Bay 9 ft. x 7 ft. Solar Lighted Umbrella
`
`listed above.
`
`16.
`
`I have searched financial records to determine records of sales by
`
`World Factory for time period from 2010 to 2015.
`
`17.
`
`In 2010 and 2011 , World Factory sold
`
` solar umbrella units
`
`for total sales of
`
`
`
`18.
`
`In 2012 and 2013, World Factory sold
`
` solar umbrella units
`
`for total sales of
`
`.
`
`19.
`
`In 2014, World Factory sold to Home Depot
`
` solar umbrella
`
`units for total sales of
`
`
`
`20.
`
`In 2015, World Factory accepted orders for solar umbrellas in a total
`
`amount of
`
`.
`
`I declare under penalty of perjury that the foregoing statements are true and
`
`correct and that this Declaration was signed by me on the date listed below.
`
`'2..12-'i/ h1
`
`Date
`
`DECLARATION OF JOHNS. KUELBS
`
`Page 4 of 4
`
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