Loggerhead Tools, LLC v. Sears Holdings Corporation

Filing 456

MOTION by Defendants Apex Tool Group, LLC, Sears Holdings Corporation, Counter Claimants Apex Tool Group, LLC, Sears Holdings Corporation for judgment as a Matter of Law (Attachments: # 1 Table of Appendices, # 2 Appendix 1, # 3 Appe ndix 2-1, # 4 Appendix 2-2, # 5 Appendix 2-3, # 6 Appendix 2-4, # 7 Appendix 2-5, # 8 Appendix 2-6, # 9 Appendix 2-7, # 10 Appendix 2-8, # 11 Appendix 2-9, # 12 Appendix 2-10, # 13 Appendix 3 - PTX 1, # 14 Appendix 3 - PTX 3, # 15 Appendix 3 - PTX 4, # 16 Appendix 3 - PTX 51, # 17 Appendix 3 - PTX 119, # 18 Appendix 3 - PTX 157, # 19 Appendix 3 - PTX 175, # 20 Appendix 3 - PTX 467, # 21 Appendix 3 - PTX 503, # 22 Appendix 4 - DTX 1, # 23 Appendix 4 - DTX 2 , # 24 Appendix 4 - DTX 3, # 25 Appendix 4 - DTX 5, # 26 Appendix 4 - DTX 7, # 27 Appendix 4 - DTX 8R, # 28 Appendix 4 - DTX 9, # 29 Appendix 4 - DTX 9R, # 30 Appendix 4 - DTX 11, # 31 Appendix 4 - DTX 11R, # 32 Appendix 4 - DTX 23, # 33 Appendix 4 - DTX 24, # 34 Appendix 4 - DTX 74, # 35 Appendix 4 - DTX 75, # 36 Appendix 4 - DTX 212, # 37 Appendix 4 - DTX 213, # 38 Appendix 5)(Sernel, Marcus)

APPENDIX 2-9

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Lowe Willfulness Merged on 5_12 PA DC
Designation
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Source

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Lowe, Jill 2015-10-29

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Lowe, Jill 2015-10-29

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Q. And was that at Danaher, or Apex,

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or both?

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A. That would have been Apex. That

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was after we became Apex.

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Q. I assume, as vice president, you

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have people reporting to you?

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A. Yes.

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Q. And who did you report to at that

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time?

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A. At that time, I -- there was a

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brief period where I actually reported to a

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gentleman called Kevin Keller. But when I got

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the vice president title, I was reporting to

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John Constantine at that time.

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Q. And is that still your current

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position?

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A. That is my current position, yes.

Lowe, Jill 2015-10-29

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Q. I'm introducing Exhibit 44, which

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is a three-page document beginning with Bates

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numbers Sears 388.

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A. Yes.

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Q. This one has attachments. I'll go

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ahead and introduce those, and then we can get

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back to that exhibit.

Lowe, Jill 2015-10-29

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Q. I'm introducing right now, as

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Exhibit 45, one of the attachments to this to

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Exhibit 44. This is Sears 391, which you can

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president.

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A. The next position was vice

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you held?

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Q. And what was the next position that

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L O W E.

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Lowe_J-102915-1of3

A. Sure. It's Jill Lowe, J I L L,

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state and spell your full name.

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Barcode

Could you go ahead and, just for the record,

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Media File

Q. All right. I'll get started.

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Remains

see if you really zoom in a lot.

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A. You said 391?
Q. Yes.

Lowe, Jill 2015-10-29

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don't know whether you'll be able to see that

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or not.

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A. I will confirm that my screen says

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Exhibit 46.

Lowe, Jill 2015-10-29

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Q. Do you know why images of the

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Bionic Wrench packaging would be attached and

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sent around to this group?

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A. I was in the process of reading

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this entire e-mail.

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Q. Sure. Go ahead.

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A. So this kind of goes back to my

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point on why we needed to change packaging. So

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on the bottom of page 2, Peng Li sent an e-mail

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to Iqbal basically stating that we feel the Max

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Axess Locking Wrench can work on E-torx and

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partially rounded hex fasteners in addition to

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hex fasteners, but, unfortunately, not on other

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types.

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And, for example, he put the E. I

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believe that says 8. So he had sent these to

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Iqbal to get approval, where the KCD team did

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approve that, yes, we do feel that they work on

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these types of fasteners. So that was the

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reason for the call out of why we needed to

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change the packaging, because they wanted to

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make sure to add that to the packaging.

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I will tell you when you're -- when

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if there are -- kind of to see how other people

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actually package their products. And Jennifer

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here had sent in, I believe -- and there should

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be an attachment of the actual packaging that

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she submitted to Jennifer Blum with what our

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create packaging, you will walk retail to see

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our team and even the KCD team is looking to

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the picture. The Bates number is Sears 392. I

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top right. It was printed, I think, to avoid

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to see. The Bates number is actually at the

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This one you may have to have even better eyes

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Exhibit 46, the other attachment to Exhibit 44.

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Q. And then I will introduce, as

recommendation would be to incorporate these

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Lowe Willfulness Merged on 5_12 PA DC
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changes they wanted to make to the packaging.

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new sized fasteners, in addition to any other
And then I believe, just based on

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of the Bionic Wrench packaging per your request

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on this morning's innovation call. This was on

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8/17, which I'm presuming is a Friday. We do a

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Friday innovation call with the KCD team to

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talk through all open projects, and Jennifer

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Blum would participate on those calls. So we

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are sending this packaging as a response to a

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this e-mail, it says, Attached are the images

request that was made on that call.

Lowe, Jill 2015-10-29

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morning's innovation call.

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Q. So this would be what you were

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talking about earlier of looking around at

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other tools in the marketplace to see what

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they're doing when you're coming up with your

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own packaging?

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A. (No verbal response.)

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Q. Do you know if --

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Wrench packaging per your request on this

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A. Yes. Sorry.

Lowe, Jill 2015-10-29

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A. 2966, yes.

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Q. This is an e-mail from Jennifer

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Miles-Losapio?

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A. Yes.

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Q. From August 7th, 2012?

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A. Yes.

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Q. And, it says, The client is looking

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to make another change to the Max Axess Locking

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Wrench product packaging artwork. The goal is

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to have the artwork make more, in quotes,

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sizzle, similar to the Bionic artwork. See

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Apex 2966.

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5/12/2017

two-page document beginning with Bates number

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Printed:

Q. I'm introducing, as Exhibit 47, a

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Link > P503.1.1

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states, Attached are the images of the Bionic

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who are all KCD employees. And the e-mail

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sent to Matt McDonnell, Jennifer Blum, Iqbal,

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A. If I look at this e-mail, it is

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of the Bionic Wrench packaging?

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Q. So Sears made a request for a copy

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attached. Can you see that?

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A. Yes, I can.

Lowe, Jill 2015-10-29

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your team to work on the following: Number

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one, adding a try-me arrow to the front of the

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package; number two, including a graphic on the

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Link > P503.1.2

back that can convey the information below. I

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am thinking something like the graphic

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Loggerhead uses on their product today. See

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image below, but better. And, perhaps, on the

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front, we just include a copy that states

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replaces 16 wrenches/replaces 14 wrenches or

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something to that effect. Do you see that?

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A. I do.
Play Time for this Script:

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Total time for all Scripts in this report:

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paragraph, Ms. Miles-Losapio says, I would like

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Q. And if you notice in the second

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4:39:46AM

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