Jacob Song (SBN 265371)
`KUTAK ROCK LLP
`5 Park Plaza, Suite 1500
`Irvine, CA 92614
`Telephone: (949) 417-0999
`Facsimile:
`(949)-417-5394
`Email:
`jacob.song@kutakrock.com
`
`Sean P. Connolly, Pro Hac Vice
`Jason S. Jackson, Pro Hac Vice
`KUTAK ROCK LLP
`1650 Farnam Street
`Omaha, NE 98102-2186
`Telephone: (402) 346-6000
`Facsimile:
`(402) 346-1148
`Email:
`sean.connolly@kutakrock.com
`jason.jackson@kutakrock.com
`
`Attorneys for Plaintiff and
`Counter Defendant
`GUTTERGLOVE, INC.
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF CALIFORNIA
`
`GUTTERGLOVE, INC. a California
`corporation,
`
`Plaintiff,
`
`v.
`AMERICAN DIE and
`ROLLFORMING, INC., a California
`corporation; and VALOR GUTTER
`GUARD,
`
`Defendants.
`
`Case No. 2:16-cv-02408-WHO
`Judge: Hon. William H. Orrick III
`Courtroom:
`
`PLAINTIFF AND
`COUNTERDEFENDANT
`GUTTERGLOVE, INC.’S
`DISCLOSURE OF ASSERTED
`CLAIMS AND INFRINGEMENT
`CONTENTIONS
`
`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
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`KUTAK ROCK LLP
`ATTORNEYS AT LAW
`IRVINE
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 1
`
`

`

`Plaintiff and Counterdefendant Gutterglove, Inc., (“Gutterglove”) makes its
`Disclosure of Asserted Claims and Infringement Contentions against Defendants
`and Counterclaimants American Die and Rollforming, Inc. (“ADR”) and Artesian
`Home Products, Inc., dba Valor Gutter Guard, Bolt Gutter Guard, Arrow Gutter
`Guard, and Diamond Gutter Guard (Artesian Home Products, Inc., and its DBAs
`collectively referred to as “AHP”; AHP and ADR collectively referred to as
`“Defendants”; Gutterglove, AHP, and ADR collectively referred to as the
`“Parties”).
`Based on Plaintiff’s document review conducted thus far, its diligent review
`of publicly available information, and independent analysis of Defendants’ accused
`products, Gutterglove presents
`these
`Infringement Contentions
`reflecting
`Gutterglove’s current analysis of the facts presently known to it. To the best of
`Gutterglove’s knowledge, information, and belief, formed after an inquiry that is
`reasonable under the circumstances, the information contained in this disclosure is
`complete and correct.
`
`I.
`
`INFRINGED CLAIMS -- P.R. 3-1(A)
`
`Gutterglove asserts claims 1-3, and 12-14 of U.S. Patent No. 8,479,454 (“the
`‘454 Patent”), and claims 1-6 of U.S. Patent No. 9,021,747 (“the ‘747 Patent”) as
`being infringed by the Defendants under 35 U.S.C. § 271(a). The nature and scope
`of the existing relationship between AHP and ADR is not yet known to
`Gutterglove. However, it appears that ADR may manufacture the Accused
`Instrumentalities which AHP then markets and sells. Gutterglove reserves the right
`to assert all claims against both AHP and ADR as further discovery warrants.
`Additionally, pursuant to P.R. 3-1(d), Gutterglove asserts Claims 16 and 17
`of the ’454 Patent, and Claims 16-20 of the ‘747 Patent as being infringed by AHP
`under 35 U.S.C. § 271(b). Specifically, Gutterglove asserts that AHP induces its
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`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
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`ATTORNEYS AT LAW
`IRVINE
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 2
`
`

`

`customers to infringe method these claims by causing its customers to perform the
`steps of the claimed method. Defendants have knowledge of the ’454 Patent and the
`‘747 Patent, and knowledge that the induced acts are substantially likely to infringe
`the method claims.
`Pursuant to P.R. 3-1(e), Gutterglove presently contends that the Defendants
`Accused Instrumentalities literally infringe the asserted claims of the ’454 Patent
`and the ‘747Patent. Nevertheless, with respect to any claim limitation that may be
`found not to be literally infringed, Gutterglove contends in the alternative that the
`Accused Instrumentalities infringe such claim limitations under the doctrine of
`equivalents and that any element not found to be literally met is equivalently met
`because any difference between the claim limitation and the Accused
`Instrumentality is not a substantial difference. Accordingly, Gutterglove contends
`that any asserted claim that the Accused Instrumentalities are not found to infringe
`literally is nevertheless embodied by the Accused Instrumentalities under the
`doctrine of equivalents under an operative doctrine of equivalents test (e.g.,
`function-way-result or insubstantial differences).
`
`II.
`
`IDENTIFICATION OF ACCUSED INSTRUMENTALITIES – P.R. 3
`1(B)
`
`Defendants have and continue to make, use, sell, and offer to sell infringing
`products and methods. Specifically, the chart below shows the name of each
`Accused Instrumentality and lists the claims which Gutterglove asserts such
`Accused Instrumentalities infringe:
`Accused
`Claims Asserted to be Infringed
`Instrumentality
`under 35 U.S.C. § 271(a)
`
`Claims Asserted to be
`Infringed under 35 U.S.C.
`§ 271(b)
`‘454
`
`Valor Gutter Guard The ‘454 Patent, Claims 1-3, and The
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`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
`Patent,
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`ATTORNEYS AT LAW
`IRVINE
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 3
`
`

`

`12-14
`The ‘747 Patent, Claims 1-6
`
`The ‘747 Patent, Claims 1-6
`
`The ‘747 Patent, Claims 1-6
`
`The ‘747 Patent, Claims 1-6
`
`Claims16 and 17
`The ‘747 Patent, Claims
`16-20
`The ‘747 Patent, Claims
`16-20
`The ‘747 Patent, Claims
`16-20
`The ‘747 Patent, Claims
`16-20
`
`Gutter
`
`Arrow
`Guard
`Bolt Gutter Guard
`
`Diamond Gutter
`Guard
`
`The Valor Gutter Guard may be seen at https://valorgutterguards.com/valor-
`gutter-guard-products/valor-gutter-guard-standard/. The Arrow Gutter Guard may
`be seen at http://diamondgutterservices.com/portfolio/arrow-gutter-guards-2/. The
`Bolt Gutter Guard may be seen at https://www.boltgutterguard.com/. The Diamond
`Gutter Guard may be seen at http://www.diamondgutterguards.com/.
`Pursuant to P.R. 3-1(c), the specific Infringement Contentions are contained
`in Appendix A, attached hereto and incorporated by reference herein.
`Pursuant to P.R. 3-1 (h), the timing of the point of first infringement, the start
`of claimed damages, and the end of claimed damages has yet to be determined
`through discovery.
`Pursuant to P.R. 3-1 (i), Gutterglove is entitled to claim willful infringement
`based upon Defendant’s actual knowledge from the date of Gutterglove’s demand
`letter attached to the Original Complaint filed in this case. Gutterglove reserves the
`right to assert willful infringement from and earlier date if and when such
`information becomes available through discovery.
`
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`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
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`ATTORNEYS AT LAW
`IRVINE
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 4
`
`

`

`III. PRIORITY DATES OF ASSERTED CLAIMS – P.R. 3 1(F)
`
`The ’454 Patent issued on July 9, 2013, from Application No. 12/924,326,
`filed September 23, 2010, and is entitled to priority to Provisional Patent
`Application No. 61/277,406 filed on September 23, 2009. The ’747 Patent issued
`on May 5, 2015, from Application No. 12/807,394, filed September 3, 2010 and is
`entitled to priority to Provisional Patent Application Nos. 61/275,943 filed on
`September 4, 2009, and 61/277,406 filed on September 23, 2009.
`Pursuant to Local Patent Rule 3 1(f), Gutterglove asserts entitlement to the
`effective filing dates of September 23, 2009 for the ‘454 Patent, and September 4,
`2009 for the ‘747 Patent. Additionally, Gutterglove reserves the right to amend the
`priority dates of the asserted claims, including the right to assert an earlier date of
`conception and reduction to practice if and when such information becomes
`available through discovery.
`
`IV. GUTTERGLOVE’S PRODUCTS EMBODYING THE ASSERTED
`CLAIMS – P.R. 3-1(g)
`
`Gutterglove has and continues to make, use, sell, and offer to sell products
`and methods embodying the asserted claims. Specifically, the chart below shows
`the name of each Gutterglove instrumentality and lists the claims which
`Gutterglove asserts are embodied by such instrumentalies:
`Gutterglove
`Product Claims Embodied
`Method Claims Practiced
`
`Instrumentality
`
`by Use of the
`
`Instrumentality
`
`Gutterglove Pro
`
`The ‘454 Patent, Claims 1-3, and
`
`The
`
`‘454
`
`Patent,
`
`12-14
`
`Claims16 and 17
`
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`IRVINE
`
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`Petitioners Ex. 1011 p. 5
`
`

`

`The ‘747 Patent, Claims 1-6
`
`The ‘747 Patent, Claims
`
`MicroMesh Pro
`
`The ‘747 Patent, Claims 1-6
`
`LeafBlaster
`
`EasyOn
`
`The ‘747 Patent, Claims 1-6
`
`The ‘747 Patent, Claims 1-6
`
`Gutter Guard
`
`The ‘747 Patent, Claims 1-6
`
`16-20
`
`The ‘747 Patent, Claims
`16-20
`The ‘747 Patent, Claims
`16-20
`The ‘747 Patent, Claims
`16-20
`The ‘747 Patent, Claims
`16-20
`
`V.
`
`DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`A.
`Documents Responsive to P.R. 3 2(a)
`
`Pursuant to P.R. 3 2(a), “documents sufficient to evidence each discussion
`with, disclosure to, or other manner of providing to a third party, or sale of or offer
`to sell, the claimed invention prior to the date of application for the patent in suit,”
`Gutterglove responds that it does not presently possess and is not presently aware
`of any such responsive documents.
`Gutterglove is continuing to search for relevant, non privileged, discoverable
`documents and will supplement this disclosure if necessary.
`B.
`Documents Responsive to P.R. 3 2(b)
`
`Pursuant to P.R. 3 2(b), “all documents evidencing the conception, reduction
`to practice, design, and development of each claimed invention, which were created
`on or before the date of application for the patent in suit or the priority date”
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`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
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`
`1 2 3 4 5 6 7 8 9
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`Petitioners Ex. 1011 p. 6
`
`

`

`Gutterglove responds that it does not presently possess and is not presently aware
`of any such responsive documents.
`Gutterglove is continuing to search for relevant, non privileged, discoverable
`documents and will supplement this disclosure if necessary.
`C.
`Documents Responsive to P.R. 3 2(c)
`
`Pursuant to P.R. 3 2(c), copies of the file histories of United States Patent
`Nos. 8,479,454 and 9,021,747, are produced with this disclosure under Bates
`Numbers GG000001 – GG000547.
`D.
`Documents Responsive to P.R. 3 2(d-j)
`
`Pursuant to P.R. 3 2(d)-(j), Gutterglove responds that it does not presently
`possess and is not presently aware of any such responsive documents.
`Gutterglove is continuing to search for relevant, non privileged, discoverable
`documents and will supplement this disclosure if necessary.
`
`VI. CONCLUDING STATEMENTS
`
`All information contained in these disclosures is the result of publicly
`available information and independent examination and analysis of Defendants’
`Accused Instrumentalities. Certain information about Defendants’ Accused
`Instrumentalities operation is not available without engaging in further discovery.
`Accordingly, Gutterglove reserves the right to supplement, modify, and/or amend
`these disclosures as new information becomes available and as discovery
`progresses. Infringement investigations are ongoing, and Gutterglove anticipates
`that additional facts and relevant documents will be uncovered and disclosed that
`could provide good cause for supplementation and/or amendment of these
`disclosures.
`
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`IPR2018-00015
`Petitioners Ex. 1011 p. 7
`
`

`

`Dated: February 28, 2017
`
`KUTAK ROCK LLP
`
`By:/s/ Sean P. Connolly
`Jacob Song
`Sean P. Connolly
`Jason S. Jackson
`ATTORNEYS FOR PLAINTIFF
`
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`IPR2018-00015
`Petitioners Ex. 1011 p. 8
`
`

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`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
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`1 2 3 4 5 6 7 8 9
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`IRVINE
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`IPR2018-00015
`Petitioners Ex. 1011 p. 9
`
`

`

`PROOF OF SERVICE
`Gutterglove, Inc. v. American Die Rollforming, et al.
`USDC, Eastern District Case No.: 2:16-cv-02408-WHO
`STATE OF CALIFORNIA, COUNTY OF ORANGE
`
`I am employed in the City of Omaha in the County of Douglas, State of Nebraska. I am
`over the age of 18 and not a party to the within action. My business address is 1650 Farnam
`Street, Omaha, Nebraska 68102.
`
`On February 28, 2017, I served on all interested parties as identified on the below
`mailing list the following document(s) described as:
`
`[ ]
`
`PLAINTIFF AND COUNTERDEFENDANT GUTTERGLOVE, INC.’S
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`CONTENTIONS
`(BY MAIL, 1013a, 2015.5 C.C.P.) I deposited such envelope in the mail at Irvine,
`California. The envelope was mailed with postage thereon fully prepaid. I am readily
`familiar with the firm’s practice for collection and processing correspondence for mailing.
`Under that practice, this(these) document(s) will be deposited with the U.S. Postal Service
`on this date with postage thereon fully prepaid at Irvine, California in the ordinary course
`of business. I am aware that on motion of the party served, service is presumed invalid if
`postal cancellation date or postage meter date is more than one day after date of deposit
`for mailing in affidavit.
`
`(BY ELECTRONIC MAIL) The above document was served electronically on the
`[ X ]
`parties appearing on the service list associated with this case. A copy of the electronic mail
`transmission[s] will be maintained with the proof of service document. .
`
`SEE ATTACHED SERVICE LIST
`
`[X]
`
`(STATE) I declare under penalty of perjury under the laws of the State of California that
`the above is true and correct.
`Executed on February 28, 2017, at Irvine, California.
`
`/S/ Sean P, Connolly___________
`Sean P. Connolly
`
`1
`GUTTERGLOVE, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
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`IPR2018-00015
`Petitioners Ex. 1011 p. 10
`
`

`

`John P. Costello
`Costello Law Corporation
`2267 Lava Ridge Court, Suite 210
`Roseville, CA 95661
`
`SERVICE LIST
`Attorneys for VALOR GUTTER
`GUARD; AMERICAN DIE AND
`ROLLFORMING, INC.
`
`Tel: 916-441-2234
`Fax: 916-441-4254
`Email: jcostello@costellolawcorp.com
`
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`IPR2018-00015
`Petitioners Ex. 1011 p. 11
`
`

`

`U.S. Patent Nos. 8,479,454 and 9,021,747 – INFRINGEMENT CONTENTIONS
`
`APPENDIX A
`
`Infringement Contentions
`(Accused Instrumentalities)
`
`Valor Gutter Guard
`
`The Valor Gutter Guard has an elongated rigid support and fenestrated screen coupled to and
`positioned overlying the rigid support.
`The screen extends along the length of the rigid support between lateral ends. The support is
`clearly wider than the screen in a direction perpendicular to the length as the screen edges are
`positioned within the support. The rigid support folds over with an extension overlapping the
`upper edge of the screen.
`
`Asserted Claims
`’454 Patent
`Claim 1
`A gutter debris preclusion
`system comprising:
`a substantially rigid support
`having an elongate form between
`a pair of lateral ends opposite
`each other;
`a screen having a fenestrated
`configuration to allow water to
`pass therethrough while
`precluding the passage of debris
`sized larger than fenestrations in
`the screen;
`said screen coupled to said rigid
`support and positioned overlying
`said support;
`
`said screen extending along a
`length of said rigid support
`between said pair of lateral ends,
`wherein said rigid support is
`wider than said screen in a
`direction perpendicular to a
`length of said rigid support
`between said lateral ends, said
`screen coupled to said rigid
`support with an upper portion of
`said rigid support on one side of
`said screen including an
`extension overlapping on an
`upper edge of said screen;
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 1 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 12
`
`

`

`said screen in contact with said
`support at a plurality of locations
`beneath said screen;
`
`said rigid support includes a
`floor on a portion of said rigid
`support located beneath said
`screen,
`said floor spaced from said
`screen, said floor including
`plurality of holes therein,
`said floor including ribs
`extending up from said floor,
`said ribs in contact with said
`screen;
`said ribs, are elongate in form
`and being oriented substantially
`parallel with each other and
`extending between said lateral
`ends of said rigid support; and,
`
`Ribs extend upwardly from the floor proximate to the upper and lower edges of the screen
`and the ribs extend between the lateral ends of the rigid support.
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 2 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 13
`
`

`

`said screen being bent into a
`configuration including multiple
`crests alternating with multiple
`troughs, with said troughs closer
`to said rigid support than said
`crests and with at least some of
`said troughs in contact with said
`rigid support, wherein said
`troughs extend substantially
`perpendicular to said ribs;
`
`wherein said extension defines
`an upper portion of a slot, said
`upper edge of the said screen
`located within said slot and with
`both portions of said crests of
`said screen and portions of said
`troughs of said screen received
`within said slot.
`
`Claim 2
`The system of claim 1 wherein
`portions of said crests of said
`screen and portions of said
`troughs of said screen received
`within said slot.
`Claim 3
`The system of claim 1 wherein
`said upper portion of said rigid
`support is provided in the form
`of a tab extending from said
`extension adjacent said slot to a
`tip defining an uppermost edge
`of said tab.
`
`The Valor Gutter Guard includes a screen with multiple crests and troughs. As the troughs are
`below the crests, they are both closer to the rigid support (which the screen overlies) and
`contacting the rigid support. The ribs extend perpendicular to the troughs.
`
`The extension folds over an upper edge of the screen and forms a slot. The screen edge is
`located within the slot with both portions of crest and troughs received in the slots.
`
`Both portions of crest and troughs are received in the slots.
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 3 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 14
`
`

`

`Claim 12
`A gutter guard attachable
`overlying a gutter, comprising:
`a screen;
`
`a substantially rigid support
`underlying said screen and in
`contact with an underside of said
`screen;
`
`said rigid support including a
`plurality of holes therein;
`
`said screen being bent into a
`configuration including multiple
`crests alternating with multiple
`troughs, with said, troughs closer
`to said rigid support than said
`crests and with at least some of
`said troughs in contact with said
`rigid support;
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 4 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 15
`
`

`

`The Valor Gutter Guard includes a screen with multiple crests and troughs. As the troughs are
`below the crests, they are both closer to the rigid support (which the screen overlies) and
`contacting the rigid support.
`
`Ribs extend upwardly from the floor proximate to the upper and lower edges of the screen
`and the ribs extend between the lateral ends of the rigid support.
`
`Both portions of crest and troughs are received in the slots.
`
`wherein said rigid support
`includes a pair of slots therein
`including an upper slot and a
`lower slot, said upper slot open
`in a direction facing an open side
`of said lower slot, said screen
`including an upper edge opposite
`a lower edge with said upper
`edge of said screen located
`within said upper slot of said
`rigid support and said lower edge
`of said screen located within said
`lower slot of said support, and
`with a size of said screen
`between said upper edge and
`said lower edge similar to a
`distance between said upper slot
`and said lower slot; and,
`wherein said rigid support
`includes a floor spaced below
`said screen,
`said floor including ribs
`extending up from said floor to
`tips in contact with said screen,
`said floor including said holes
`therein with said holes located
`between said ribs, said ribs
`extending non-parallel with said
`troughs.
`
`Claim 13
`The gutter guard of claim 12
`wherein said slots each sized to
`receive both said troughs and
`said crests of said screen therein.
`Claim 14
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 5 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 16
`
`

`

`The physical limitations mirror those of the apparatus claims above and are found in the
`Accused Instrumentalities as described above.
`
`The gutter guard of claim 12
`wherein an upper portion of said
`rigid support is provided in the
`form of a tab extending from
`said upper slot to a tip defining
`an uppermost edge of said tab.
`
`A method for keeping debris out
`of a gutter including the steps of:
`selecting a length of elongate
`gutter guard including a screen, a
`substantially rigid support
`underlying the screen and in
`contact with an underside of the
`screen, the rigid support
`including a plurality of holes
`therein and the screen being bent
`into a configuration including
`multiple crests alternating with
`multiple troughs, with the
`troughs closer to the rigid
`support than the crests and with
`at least some of the troughs in
`contact with the rigid support,
`wherein said rigid support
`includes a pair of slots therein
`including an upper slot and a
`lower slot, said upper slot open
`in a direction facing an open side
`of said lower slot, said screen
`including an upper edge opposite
`a lower edge with said upper
`edge of said screen located
`within said upper slot of said
`rigid support and said lower edge
`of said screen located within said
`lower slot of said support, and
`with a size of said screen
`between said upper edge and
`said lower edge similar to a
`distance between said upper slot
`and said lower slot and wherein
`said rigid support includes a
`floor spaced below said screen,
`said floor including ribs
`extending up from said floor to
`tips in contact with said screen,
`said floor including said holes
`therein with said holes located
`between said ribs, said ribs
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 6 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 17
`
`

`

`The placement is consistent with that disclosed on the Valor Gutter Guard website.
`
`This step will be carried out everytime rain falls on the roof.
`
`This step will be carried out everytime rain falls on the roof.
`
`An installer would carry out this step in the course of installation.
`
`extending non-parallel with said
`troughs;
`Placing the gutter guard over a
`gutter along a lower edge of a
`roof of a structure, with the front
`edge of the gutter guard adjacent
`and over a lip of the gutter and
`with the upper portion of the
`gutter guard opposite the front
`edge located over at least a
`portion of the roof adjacent the
`gutter;
`allowing water and debris to
`travel down the roof, over the
`upper portion of the gutter guard
`and onto the screen; and
`filtering water and debris on the
`screen with water passing
`through the screen and debris
`prevented from passing through
`the screen.
`Claim 17
`The method of claim 16
`including the further step of
`configuring the upper portion of
`the gutter guard as a tab
`extending above the screen; and
`customizing the tab by bending
`and/or cutting away portions of
`the tab to cause the tab to fit over
`at least portions of the roof and
`under shingles located upon the
`roof.
`
`Infringement Contentions
`(Accused Instrumentalities)
`Valor Gutter Guards
`
`Asserted Claims
`’747 Patent
`
`Infringement Contentions
`(Accused Instrumentalities)
`Arrow, Bolt, and Diamond Gutter Guard
`These products appear to vary only in the
`configuration of the mesh. Accordingly, images
`of the Diamond Gutter Guard and Bolt Gutter
`Guard are used for simplicity.
`
`Claim 1
`A leaf preclusion system
`for a roof gutter having a
`gutter lip for keeping
`leaves and other debris
`out of the roof gutter
`while allowing water to
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 7 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 18
`
`

`

`pass thereinto,
`comprising:
`a sheet of fine mesh
`material;
`said sheet of fine mesh
`material having an upper
`edge
`adapted to be located
`above a lower edge
`and with said sheet of fine
`mesh material overlying
`the roof gutter;
`said sheet of fine mesh
`material being corrugated
`with ridges extending at
`least part of the way from
`said upper edge to said
`lower edge and
`wherein said lower edge
`being adjacent the gutter
`lip when the system is in
`use,
`
`wherein the water is
`allowed to pass through
`said sheet of fine mesh
`material into the roof
`gutter,
`wherein at least one of
`said ridges extends from
`at least one of said upper
`edge and said lower edge.
`
`Claim 2
`The system of claim 1
`wherein said ridges of
`said sheet of fine mesh
`material extend
`substantially erpendicular
`to said upper edge of said
`
`The mesh used will permit water to pass into
`the gutter below.
`
`The ridges of all Accused Instrumentalities
`extend substantially perpendicular to said upper
`edge of said sheet of fine mesh material.
`
`The mesh used will permit water to pass into the
`gutter below.
`
`The ridges of all Accused Instrumentalities
`extend substantially perpendicular to said upper
`edge of said sheet of fine mesh material.
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 8 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 19
`
`

`

`The upper and lower edges are parallel.
`
`The upper and lower edges are parallel.
`
`sheet of fine mesh
`material.
`Claim 3
`The system of claim 2
`wherein said upper edge
`and said lower edge of
`said sheet of fine mesh
`material are oriented
`substantially parallel with
`each other.
`Claim 4
`The system of claim 1
`wherein a lower support is
`provided adjacent said
`lower edge of said sheet
`of fine mesh material,
`said lower support
`including a recess for
`receiving said lower edge
`of said sheet of fine mesh
`material therein, said
`lower support adapted to
`be coupled to a lip at a
`forward edge of the
`gutter.
`Claim 5
`The system of claim 4
`wherein said lower
`support includes a stop,
`said stop oriented non-
`parallel with valleys in
`said sheet of fine mesh
`material located between
`said ridges
`Claim 6
`The system of claim 5
`wherein said lower
`support includes an upper
`plate, said upper plate
`coupled to said stop and
`oriented non-parallel with
`said stop,
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 9 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 20
`
`

`

`said upper plate
`configured to be located
`above and abutting the lip
`of the gutter to provide at
`least a portion of said
`coupling of said lower
`support to the lip of the
`gutter,
`
`said upper plate defining a
`portion of said recess,
`said recess also defined
`by a lower plate spaced
`below said upper plate by
`a distance substantially
`matching a thickness of
`said fine mesh material
`between said ridges and
`said valleys.
`
`Claim 16
`A method for keeping
`leaves and other debris
`out of a roof gutter while
`allowing water to pass
`thereinto, including the
`steps of:
`
`providing a sheet of fine
`mesh material, the sheet
`of fine mesh material
`having an upper edge
`adapted to be located
`above a lower edge, the
`sheet of fine mesh
`material being corrugated
`with ridges extending at
`least part of the way from
`the upper edge to the
`lower edge; and
`
`locating the sheet of fine
`mesh material over a
`gutter with ridges running
`toward a lip of the gutter,
`wherein the water is
`allowed to pass through
`
`Defendants directly carry out this step, as do
`their customers.
`
`An installer would carry out this step in the
`course of installation.
`
`Defendants directly carry out this step, as do their
`customers.
`
`An installer would carry out this step in the
`course of installation.
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 10 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 21
`
`

`

`Gutter lips are typically below the roofline so
`installing the product will necessarily satisfy this
`step.
`
`Gutter lips are typically below the roofline so
`installing the product will necessarily satisfy
`this step.
`
`said sheet of fine mesh
`material into the roof
`gutter and wherein at least
`one of said ridges extends
`from at least one of said
`upper edge and said lower
`edge.
`Claim 17
`The method of claim 16
`including the further step
`of angling the sheet of
`fine mesh material to
`slope downward as the
`ridges run toward the lip
`of the gutter.
`
`Claim 18
`The method of claim 17
`including the further step
`of positioning the upper
`edge of the sheet of fine
`mesh material beneath
`shingles and over
`structural material
`forming the roof
`
`Claim 19
`The method of claim 16
`including the further step
`of providing an upper
`support adapted to be
`coupled to the sheet of
`fine mesh material, the
`upper support including a
`tab extending away from
`the sheet of fine mesh
`material and substantially
`coplanar with the sheet of
`fine mesh material; and
`positioning the tab of the
`upper support beneath
`shingles on the roof and
`above structural material
`forming the roof
`Claim 20
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 11 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 22
`
`

`

`The method of claim 16
`including the further steps
`of: providing a lower
`support, the lower support
`including a recess
`locating the lower edge of
`the sheet of fine mesh
`material within the recess;
`and positioning the lower
`support upon a lip at a
`front edge of the gutter.
`
`APPENDIX A – INFRINGEMENT CONENTIONS
`U.S. PATENT NOS. 8,479,454 and 9,021,747
`
`Page 12 of 12
`
`IPR2018-00015
`Petitioners Ex. 1011 p. 23
`
`