`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`TELEBRANDS CORP.,
`Petitioner
`
`v.
`
`TINNUS ENTERPRISES, LLC,
`Patent Owner
`_______________________
`
`Case PGR2016-00030
`U.S. Patent 9,242,749
`_______________________
`
`DECLARATION OF JAMES NUNZIATI
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`
`Tinnus Exhibit 2012
`Telebrands v. Tinnus
`PGR2016-00030
`1 of 5
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`
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`I, James Nunziati, declare as follows:
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`1.
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`I am a Vice President of Sales and Marketing, North America at
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`ZURU Ltd. (“ZURU”). In that capacity, I am responsible for attempting to sell to
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`U.S. retailers the various toy products offered by ZURU, including its Bunch O
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`Balloons product. Consequently, I regularly and frequently communicate with
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`persons knowledgeable about the toy industry, as well as representatives at the
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`retailers who purchase ZURU’s products. I make this declaration based on my
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`personal knowledge and, if called upon to testify, would testify competently as to
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`the matters contained herein.
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`2.
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`As ZURU’s Vice President, I have personal knowledge of the fact that
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`Bunch O Balloons was the #1 selling toy in the United States this past summer.
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`3.
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`In August 2016, I had the occasion to communicate by phone with
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`Jocelynn Rizzi-Griffis, a Senior Account Executive at The NPD Group (“NPD”).
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`As I understand it, NPD is a market research firm that provides consumer shopping
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`trends, market information, and advisory services to retailers and brands across
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`various industries around the world. I understand that NPD is able to provide these
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`services and information because it tracks more than a trillion dollars in consumer
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`spending a year.
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`4.
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`Following our telephone conversation, Ms. Rizzi-Griffis sent me an
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`email dated August 18, 2016, which I have attached as Exhibit A. In that email,
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`Tinnus Exhibit 2012
`Telebrands v. Tinnus
`PGR2016-00030
`2 of 5
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`
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`Ms. Rizzi-Griffis stated: “As I mentioned during our call, Bunch O Balloons has
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`been having a tremendous summer season.
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`It was the #1 selling toy in the overall
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`US industry week over week for theentire summer, and #1 toy in the Water/Sand
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`Toys subcategory as well.” Ms. Rizzi-Griffis also wrote in that email:
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`“Telebrands is now showing up in the Water/Sand Toys subcategory. Based on
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`most recent reporting, Battle Balloons Color Combat is #2 item in subclass. .
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`. .”
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`I declare under penalty of perjury under the laws of the Unites States of
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`America that the foregoing is true and correct.
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`Dated: November 21, 2016 - es Nunzi i
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`Tinnus Exhibit 2012
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`Telebrands v. Tinnus
`
`PGR2016-00030
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`3 of 5
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`Tinnus Exhibit 2012
`Telebrands v. Tinnus
`PGR2016-00030
`3 of 5
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`EXHIBIT A
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`EXHIBIT A
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`Tinnus Exhibit 2012
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`Telebrands V. Tinnus
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`PGR2016-00030
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`4 of 5
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`Tinnus Exhibit 2012
`Telebrands v. Tinnus
`PGR2016-00030
`4 of 5
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`room:
`sent-.
`To:
`Ct:
`Eliljrct:
`
`Jotel-.-on Iti::i [.Iooahrnn.Iti::ifinod.oorn|
`3.I"13.I"2015 1:25:35 PM
`J-al'I'iBfi-H|.Ii"IiIiaI'IiIiaIl'I1¢5«@:|.iI'|.I.'|:|I'l'I'i]
`1:‘-Inn Brown IEil!-I-en.Bro«nnflInod.:om]
`Nliflen-d Zoru
`
`Hi .Iil1'|E=S —
`
`Great to re-oonner:t with you this mo-mine, ’d'IarI|:s again ‘for How time.
`
`As I mentioned during oi:-i:a|l. Bunch D Ealloonshos been having a tremendous summer season. ttwas the #1 selling
`twin the |:|‘|:I"E|i|| U5 irrdostnr week over weeli for the entire summer. and #1 tovin the Wartnerfsantl Toes suboarteaonr as
`well.
`
`Per our diooussion. I will work on [£tHri'iE overitem lists and a few report ternpieinesto you by next week. with your
`interest in a more interactive subscription-hosed program, the key next step is to setup a Weber lot night so we can
`include your Chine-based team as well], 'I'I'l'i-El'i‘.‘ one son review the database together and do-some litre oiete pulls. We
`can oertainly geta partnership in place prior to Dallas. so that 1n:-u tan have data to use during your retailer meetings at
`the show.
`
`east reaa-ncls.
`
`Jooehrnn
`
`PS-:Te|eiJreni:ls is now showing up in the Weterfsand Toys stibcateaofil. Based on most reoent reporting. Battle Balloons
`Color comhotisfl item in subclass. so might be helpful for you to see is-owtitef-ire progressed.
`
`lnoeigrnn Etiui-Griffis
`
`Senior Aooount Executive, US Hlrdlines
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`Tinnus Exhibit 2012
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`Telebrands V. Tinnus
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`PGR2016-00030
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`5 of 5
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`Tinnus Exhibit 2012
`Telebrands v. Tinnus
`PGR2016-00030
`5 of 5
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