`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`BESTWAY (USA), INC.
`Petitioner,
`
`v.
`
`INTEX MARKETING LTD.
`Patent Owner.
`
`______________
`
`Case No. PGR2024-________
`00036
`U.S. Patent No. 11,959,512
`
`DECLARATION OF PATRIZIO FUMAGALLI
`IN SUPPORT OF PETITION FOR POST GRANT REVIEW
`
`BESTWAY EX. 1018
`Bestway v. Intex PGR2024-00036
`
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`I, Patrizio Fumagalli, hereby declare as follows:
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`1.
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`I am over the age of 18 and competent to make this declaration. The
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`statements contained herein are based on my personal knowledge and, if called upon
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`to do so, I could and would competently testify thereto.
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`2.
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`I am the Chairman and Chief Strategic Officer for Petitioner Bestway
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`(USA), Inc. (“Bestway”). I make this Declaration in support of Bestway’s Petition
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`for Post Grant Review. I have personal knowledge of the facts set forth in this
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`Declaration.
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`3.
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`During the course of my employment, I have had frequent interactions
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`with materials related to above-ground pools, including catalogs produced by Intex
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`Corporation (“Intex”).
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`4.
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`Bestway has obtained true and accurate copies of these catalogs through
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`various business means, as further detailed below.
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`5.
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`Upon information and belief, Intex distributes catalogs regarding their
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`above-ground pools (“Above Ground Pool Catalogs”). These Above Ground Pool
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`Catalogs are distributed to clients during sales meetings each year. These meetings
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`occur regularly and typically coincide with the introduction of new products or
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`updates to existing product lines.
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` 1
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`BESTWAY EX. 1018
`Bestway v. Intex PGR2024-00036
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`6.
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`Intex also mails their Above Ground Pool Catalogs to agents and clients
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`at the beginning of the sales season, typically in May or June, and throughout the
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`entire sales season.
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`7.
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`Intex also showcases its products at exhibition booths at industry trade
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`shows and events. At these events, Intex representatives distribute Above Ground
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`Pool Catalogs to attendees.
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`8.
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`Based on my experience and observations, it is common industry
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`practice for companies like Intex to distribute catalogs like these to potential
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`customers and stakeholders through various channels, including in-person meetings,
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`trade shows, and direct mail.
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`9.
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`Exhibits EX1010 through EX1017, concurrently filed with this
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`Declaration, are representative of the catalogs that are distributed by Intex to clients.
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`10. Exhibit EX1010 is a true and accurate copy of Intex’s 2005 Above
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`Ground Pool Catalog.
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`11. Exhibit EX1011 is a true and accurate copy of Intex’s 2006 Above
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`Ground Pool Catalog.
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`12. Exhibit EX1012 is a true and accurate copy of Intex’s 2007 Above
`
`Ground Pool Catalog.
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`13. Exhibit EX1013 is a true and accurate copy of Intex’s 2008 Above
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`Ground Pool Catalog.
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` 2
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`BESTWAY EX. 1018
`Bestway v. Intex PGR2024-00036
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`14. Exhibit EX1014 is a true and accurate copy of Intex’s 2009 Above
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`Ground Pool Catalog.
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`15. Exhibit EX1015 is a true and accurate copy of Intex’s 2010 Above
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`Ground Pool Catalog.
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`16. Exhibit EX1016 is a true and accurate copy of Intex’s 2011 Above
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`Ground Pool Catalog.
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`17. Exhibit EX1017 is a true and accurate copy of Intex’s 2014 Above
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`Ground Pool Catalog.
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`18.
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`I understand and have been warned that willful false statements and the
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`like are punishable by fine or imprisonment, or both (18 U.S.C. § 1001). I declare
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`that all statements made herein of my own knowledge are true and that all statements
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`made on information and belief are believed to be true, and further, that these
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`statements were made with the knowledge that willful false statements and the like
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`so made are punishable by fine or imprisonment, or both, under § 1001 of title 18 of
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`the United States Code.
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`19.
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`I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct.
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`Dated:
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`
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`Patrizio Fumagalli
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` 3
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`BESTWAY EX. 1018
`Bestway v. Intex PGR2024-00036
`
`
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