`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARTESIAN HOME PRODUCTS
`
`and
`
`AMERICAN DIE & ROLLFORMING
`
`Petitioners,
`
`V.
`
`GUTTERGLOVE, INC.,
`Patent Owner.
`
`Case [PR2018-00030
`
`Patent 8,479,454 B2
`
`DECLARATION OF WILLIAM LASELL
`
`IPR2018-00030
`Petitioners Ex. 1020 p. 1
`
`
`
`I, William Lasell, declare as follows:
`
`1.
`
`I am citizen of the United States of America, and I am an owner,
`
`board member, and general manager of Petitioner Artesian Home Products
`
`(“Artesian Home Products”). I have personal knowledge of the facts set forth
`
`herein, except those matters stated upon information and belief which I believe to
`
`be true. If called to testify, I could and would testify competently to the contents
`
`herein.
`
`2.
`
`Artesian Home Products manufactures and sells five gutter guard
`
`product lines: Valor Gutter Guard, Arrow Gutter Guard, Bolt Gutter Guard,
`
`Diamond Gutter Guard, and Superior Gutter Guards. These are product lines, not
`
`separate entities. The Superior Gutter Guards product line was the last to be
`
`developed and marketed in this grouping, which occurred later in time from when
`
`the other four were first launched.
`
`3.
`
`I know of no existing entity called “Superior Gutter Guards.” Rather,
`
`as noted above, Superior Gutter Guards refers to a product line sold by Artesian
`
`Home Products.
`
`4.
`
`In marketing these product lines, Artesian Home Products has also
`
`used the fictitious business names Valor Gutter Guard, Arrow Gutter Guard, Bolt
`
`Gutter Guard, Diamond Gutter Guard and Superior Gutter Guards.
`
`IPR2018-00030
`Petitioners Ex. 1020 p. 2
`
`
`
`5.
`
`In view of its use of the first four of these distinctive fictitious
`
`business names to market its separate product lines, on February 24, 2016, Artesian
`
`Home Products filed registrations in Placer County, California to register Valor
`
`' Gutter Guard, Arrow Gutter Guard, Bolt Gutter Guard, and Diamond Gutter Guard
`
`as fictitious business names for Artesian Home Products. At that time, as indicated
`
`above, the “Superior Gutter Guards” product line had not yet been developed, and
`
`thus Superior Gutter Guards was not yet being used as a fictitious business name to
`
`market products fiom Artesian Home Products. Therefore, we did not register
`
`Superior Gutter Guards as a fictitious business name on February 24, 2016.
`
`6.
`
`Thereafter, Artesian Home Products eventually completed
`
`development of the Superior Gutter Guards product line, and created a website
`
`associated with that product line, along with a brochure.
`
`7.
`
`However, any sales of products from the Superior Gutter Guards
`
`product line have always been by Artesian Home Products, and customers are
`
`instructed to make payment to Artesian Home Products when purchasing the
`
`Superior Gutter Guards product line. The term Superior Gutter Guards is merely a
`
`fictitious name for Artesian Home Products and a product line marketed by
`
`Artesian Home Products. It is not an entity in and of itself.
`
`8.
`
`Due to an oversight, apparently as a result of the fact that the Superior
`
`Gutter Guards product line lagged the other product lines marketed by Artesian
`
`IPR2018-00030
`Petitioners Ex. 1020 p. 3
`
`
`
`Home Products, we inadvertently neglected to follow up and register “Superior
`
`Gutter Guards” as its fictitious business name for Artesian Home Products at the
`
`time that product line was first launched.
`
`9.
`
`I understand that in these inter partes review proceedings Gutterglove
`
`has just recently pointed out the absence of a fictitious business name registration
`
`for Superior Gutter Guards, thus bringing this oversight to our attention.
`
`10.
`
`To remedy this oversight, Artesian Home Products filed a fictitious
`
`business name statement with Placer County, California on August 24, 2018, to
`
`register “Superior Gutter Guards” as one of its fictitious business names, just as it
`
`did with the other four fictitious business names. A true and correct copy of this
`
`fictitious business name statement filing for “Superior Gutter Guards” is attached
`
`hereto as Exhibit 1021.
`
`11.
`
`As indicated, I have never owned any entity or ever been made aware
`
`of any entity (whether it be a sole proprietorship, partnership, corporation, LLC or
`
`any other form of entity) by the name of “Superior Gutter Guards.” Superior
`
`Gutter Guards is only a product line manufactured and sold by Artesian Home
`
`Products and a fictitious business name used by Artesian Home Products.
`
`IPR2018-00030
`Petitioners Ex. 1020 p. 4
`
`
`
`I declare under penalty of perjury under the laws of the United States of
`
`/ W
`
`illiam Lasell
`
`America that the foregoing is true and correct.
`
`Executed on this 5th day of September, 2018.
`
`IPR2018-00030
`Petitioners Ex. 1020 p. 5
`
`
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