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 2-3
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Lowe, Jill 2015-10-29
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Could you go ahead and, just for the record,
9:2
state and spell your full name.
9:3
A. Sure. It's Jill Lowe, J I L L,
9:4
L O W E.
Lowe, Jill 2015-10-29
00:00:15
9:5
Q. And could you give us your business
9:6
address?
9:7
A. The -- I work out of my home
9:8
office. Would you like that address?
9:9
Q. If you're comfortable giving your
9:10
A. Yeah. That's fine. It's 2071
9:12
11:16 -12:2
home office on the record.
9:11
3
Alexander Drive, Batavia, Illinois 60510.
Lowe, Jill 2015-10-29
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background. Where did you attend school?
11:18
A. College?
11:19
Q. College, yes.
11:20
A. University of Illinois,
11:21
Champaign-Urbana.
11:22
Q. And what year did you graduate?
11:23
A. 1993.
11:24
Q. And what degree? What area was
11:25
your degree in?
12:1
A. Business administration with a
12:2
12:15 -13:15
So just start with a little bit of
11:17
4
concentration in marketing.
Lowe, Jill 2015-10-29
00:01:01
00:00:45
12:15
A. I was a sales assistant for General
12:18
Electric, the lighting division, out of Oak
12:19
Brook, Illinois.
12:20
Q. And what was the time period for
12:21
that, if you can remember?
12:22
A. I started in May of 1993 and was
12:23
there for six years.
12:24
Q. And where did you go from there?
12:25
A. From there, I went to Newell
13:1
11:13:58PM
graduated college?
12:17
5/4/2017
Q. What was your first job after you
12:16
Printed:
Barcode
Q. All right. I'll get started.
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Rubbermaid. And I was part of the Rubbermaid
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Home Products Division, and my role was a sales
13:3
A. Six years.
13:6
Q. And what was the next position?
13:7
A. Next I went to O'Sullivan
13:8
Industries, which is a ready-to-assemble
13:9
furniture company.
13:10
Q. And what was your position there?
13:11
A. Sales manager. I covered most of
13:12
the Midwest area, predominantly the hardware
13:13
home center channel.
13:14
Q. How long were you there?
13:15
13:16 -13:19
Q. And how long were you there?
13:5
5
manager for Ace Hardware.
13:4
A. A little under three years.
Lowe, Jill 2015-10-29
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Group, which now has become Apex Tool Group,
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13:20 -14:10
A. After that, I came to Danaher Tool
13:18
6
Q. And what was your job after that?
and I have been here since about eight years.
Lowe, Jill 2015-10-29
00:00:37
00:01:59
13:20
Q. Do you remember when Danaher became
13:21
Apex?
13:22
A. I don't recall the exact date of
13:23
it, but -- and I should know that. I just
13:24
can't recall right now, but, yeah. It was
13:25
midyear, but in the time that I've been here.
14:1
Q. Okay. And what was your position
14:2
when you started at Danaher?
14:3
A. When I started at Danaher, I was
14:4
director of sales and I handled the Sears
14:5
reported to you in that position?
14:8
A. I did.
14:9
Q. And who was your boss at the time?
14:10
15:10 -15:13
Q. And did you have anyone that
14:7
7
account for Danaher.
14:6
A. John Constantine.
Lowe, Jill 2015-10-29
00:00:07
15:10
A. He is president of North America
15:13
15:14 -15:25
title?
15:12
8
Q. Do you know John Constantine's
15:11
Hand Tools for Apex Tool Group.
Lowe, Jill 2015-10-29
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15:15
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11:13:58PM
Q. And I'm sure you do quite a few
things, but, in general, what is your role as
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business; and underneath my responsibility
15:19
would be sales, channel marketing, customer
15:20
service, forecasting. I do work with another
15:21
gentleman on the team -- the Apex team, that
15:22
is -- with new product development. But I work
15:23
kind of hand in hand with that person. And I'm
15:24
responsible for anything that we do with Sears
15:25
16:1 -16:14
A. My role is to manage our Sears
15:18
9
the vice president of Apex?
or who Sears sells to.
Lowe, Jill 2015-10-29
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of our products that we sell with Apex, and
16:11
that would be our national-branded product as
16:12
well as any of our private label businesses.
16:13
And that's where I work with him on what we are
16:14
doing private label for Craftsman.
Lowe, Jill 2015-10-29
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00:04:01
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Q. How long have you managed the Sears
16:23
business?
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17:7 -18:7
A. Roughly, eight years.
Lowe, Jill 2015-10-29
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00:04:08
What departments of Sears do you
17:8
work with?
17:9
A. We sell our products in the many
17:10
different channels within Sears. I mean,
17:11
predominantly I work with the tools division,
17:12
but there's many buyers within the tools
17:13
division that we would call on because of the
17:14
products that we have to sell.
17:15
Craftsman & Diehard business, their brand
17:18
business. And in addition to that, there are
17:19
many other channels within Sears that I will be
17:20
11:13:58PM
what is called the KCB business, the Kenmore,
17:17
5/4/2017
In addition to that, I do work with
17:16
Printed:
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A. Eric Broadaway is in charge of all
16:10
11
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products?
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16:22 -16:24
00:35:24
Mr. Broadaway is over the -- is it the Sears
16:8
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just to make sure I have it right,
16:7
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Q. So you're over the product -- or
16:6
00:35:31
Broadaway. He would be over product.
16:5
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A. The gentleman's name is Eric
16:4
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you said you work with?
16:3
00:36:16
Q. And who is the other person that
involved with. So SHHO, which is Hometown
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Hardware Outlets, the external channel --
17:22
THE REPORTER: I'm sorry. SHHO,
17:23
which is? It was just too fast for me.
17:24
A. Pardon me. It is Hometown Hardware
17:25
Outlets.
18:1
THE REPORTER: Thank you.
18:2
sell to. And then there's other channels, like
18:5
AAFES, for example, which is the Army Exchange,
18:6
international. I mean, there is a lot of
18:7
24:21 -25:11
various customers that they deem they want to
18:4
12
A. The external channel that sells to
18:3
different channels within Sears.
Lowe, Jill 2015-10-29
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mind, go through it.
25:5
Q. Of course.
25:6
A. Yes. I have seen this document.
25:7
Q. Do you understand that counsel for
25:8
Apex has designated certain of the topics
25:9
listed in this document for you to testify
25:10
about?
25:11
25:12 -25:17
A. Yes. Yes, I do.
Lowe, Jill 2015-10-29
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this -- these topics are Topics 12, 14 to 15,
25:14
19, 21, 25, 28 to 29, 31 to 34, and 37 to 39?
25:15
A. I don't know specific. I know
25:16
there's many that I need to testify, but I
25:17
25:19 -26:9
Q. And my understanding is that
25:13
14
don't know the specific numbers.
Lowe, Jill 2015-10-29
25:19
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MR. BLOCK: I can actually help
25:20
with that, if it's helpful. So what we
25:21
discussed and, you know, what we sent you was
25:22
that Ms. Lowe would be testifying on behalf of
25:23
Apex for Topics 12, 14 to 15, 19, 21, 25, 28 to
25:24
29 --
25:25
Printed:
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11:13:58PM
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A. Again, let me just, if you don't
25:4
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Q. Have you seen this document before?
25:3
00:33:10
A. Mm-hmm.
25:2
M3.13
Deposition of Apex Tool Group, LLC?
25:1
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Tools, LLC Notice of 30(b)(6) -- Rule 30(b)(6)
24:25
00:33:34
Q. -- titled, Plaintiff Loggerhead
24:24
M3.12
A. Yes.
24:23
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Q. This is Exhibit 2 --
24:22
00:34:21
THE REPORTER: Wait. 14 to 15?
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MR. BLOCK: -- 19, 21, 25, 28 to
26:2
29, 31 to 34, and 37 to 39. And then for
26:3
Topics 1, 35, and 46 to 47, Apex is designating
26:4
Ms. Lowe to the extent those topics relate to
26:5
financial information concerning revenues and
26:8
costs associated with the Max Axess Locking
26:9
26:10 -26:13
Apex's sales of the Max Axess Locking Wrench,
26:7
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the marketing of the Max Axess Locking Wrench,
26:6
Wrench, and Apex's relationship with Sears.
Lowe, Jill 2015-10-29
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26:14 -26:14
you're prepared to testify about on behalf of
26:13
Sears? I apologize. On behalf of Apex?
Lowe, Jill 2015-10-29
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A. On behalf of Apex, yes.
Lowe, Jill 2015-10-29
29:9
Q. So I'll have you look at Exhibit 4,
29:10
which has the Bates number Apex 7774. Do you
29:11
see that document?
29:12
A. Yes, I do.
29:13
Q. And do you recognize this e-mail
29:14
chain?
29:15
A. Yes, I do.
29:16
Q. And the bottom e-mail is an e-mail
29:17
from Matthew McDonnell to you?
29:18
A. Actually, Matt McDonnell.
29:19
Q. Oh, I apologize. Matt McDonnell to
29:20
you. And this is dated February 22, 2012?
29:21
A. Yes.
29:22
Q. Is this the e-mail that you were
29:23
Link > P119.1.1
referring to about the first communication that
29:24
30:1 -30:5
you heard about the Max Axess Locking Wrench?
29:25
18
A. Yes, that is correct.
Lowe, Jill 2015-10-29
00:00:16
00:08:09
30:1
Q. And you mentioned that this was the
30:2
first e-mail you received about the Max Axess
30:3
Locking Wrench. Had you heard about the
30:4
30:6 -31:1
project before this e-mail?
30:5
19
A. To the best of my knowledge, no.
Lowe, Jill 2015-10-29
00:01:02
00:08:25
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A. Matt McDonnell, at the time, was on
30:8
5/4/2017
Q. Who is Mr. McDonnell?
30:7
Printed:
M3.15
understanding, that these are the topics that
26:12
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Q. Ms. Lowe, is that your
26:11
00:32:13
the KCD team, and he was responsible for the
Page 5 of 22
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Craftsman-branded product and he was the
30:10
responsibility.
30:13
Q. Do you see that he says, We may
30:14
have an opportunity on Bionic 2.0?
30:15
A. Yes.
30:16
Q. What did you understand him to mean
30:17
by that?
30:18
A. My understanding of that was that
30:19
he wanted to talk to Apex about creating a new
30:20
product that would basically have features and
30:21
benefits that would be unique to the Craftsman
30:22
brand.
30:23
Q. At this time, did you know what
30:24
product Bionic 2.0 referred to?
30:25
A. I did. I knew what the Loggerhead
31:1
31:11 -31:16
question would have been under his
30:12
20
director of hand tools. So the product in
30:11
Bionic tool was, yes.
Lowe, Jill 2015-10-29
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00:09:27
31:11
31:12
Lowe, Jill 2015-10-29
00:01:55
00:09:43
31:17
Q. What did you understand that this
new product relationship would be with the
31:19
Loggerhead Bionic Wrench?
31:20
A. My understanding on that is the new
31:21
product would be something that would kind of
31:22
be a next generation of a tool that was out in
31:23
the marketplace, and it would be a competitive
31:24
tool that would have unique features and
31:25
benefits to it that would offer an advantage to
32:1
Craftsman over any tool that existed in the
32:2
marketplace.
32:3
Q. And you mentioned that you were
32:4
aware of Loggerhead's Bionic Wrench in the
32:5
marketplace?
32:6
A. I was, yes.
32:7
Q. Do you recall how you became aware
32:8
of the product?
32:9
A. I'm in Sears' stores all of the
32:10
11:13:58PM
M3.21
asking Apex to look at a new product.
31:18
5/4/2017
Lowe_J-102915-1of3
basically them -- them, meaning the KCD team --
31:16
Printed:
00:29:49
A. I understood that Bionic 2.0 was
31:15
31:17 -33:12
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Wrench?
31:14
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Lowe_J-102915-1of3
2.0 to be a reference to the Loggerhead Bionic
31:13
21
00:30:05
Q. Sure. So you understood the Bionic
time and that product was in the store.
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32:11
Typically, as a sales manager, you're going to
32:12
walk the store and see what product is out
32:13
there just to see what, you know, that customer
32:14
is doing in the marketplace, so I saw it on one
32:15
of my store visits.
32:16
Q. Is it common for Apex to create a
32:17
next generation of a tool that's out in the
32:18
marketplace?
32:19
A. It's very common for Apex to work
32:20
with the KCD team on brain innovation. It
32:21
doesn't necessarily mean it has to be next
32:22
generation of anything, but it's just
32:23
innovation within hand tools. We have proven
32:24
history of many products that we have done with
32:25
the KCD team to do that.
33:1
Q. Have some of these products been
33:2
next generation -- a next generation of a tool
33:3
come from tools that have been in the
33:6
marketplace since the 1940s. I mean, a lot of
33:7
innovation is kind of based off things that had
33:8
been done before, but you're just doing it
33:9
different and better and adding different
33:10
features and benefits to it. So we have
33:11
brought many different types of products to the
33:12
54:19 -54:24
A. I will tell you that many ideas
33:5
22
that was out in the marketplace?
33:4
marketplace under the Craftsman brand.
Lowe, Jill 2015-10-29
00:00:26
00:11:38
54:19
Lowe, Jill 2015-10-29
00:00:17
00:12:04
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correct?
55:18
A. He basically is responding and
55:19
putting his answers in red in my text.
Lowe, Jill 2015-10-29
00:00:49
00:12:21
56:9
Q. -- under Bionic Wrench, it says --
56:10
11:13:58PM
Lowe_J-102915-1of3
your e-mail by annotating your e-mail; is that
55:17
5/4/2017
00:27:11
the top of the page, Mr. Pope is responding to
55:16
Printed:
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Q. And it looks like the e-mail, at
55:15
56:9 -57:3
Lowe_J-102915-1of3
first page being Sears 405.
55:14
24
00:27:28
two-page document with the Bates number on the
54:24
55:14 -55:19
of in the middle of the document here -- a
54:23
23
introduced, as Exhibit 8 -- the stamp is kind
54:22
M3.27
stamp interferes with the text. I've
54:21
Lowe_J-102915-1of3
Q. I'm trying to find the place. The
54:20
00:27:54
I guess, Mr. Pope says, Huge interest. Can you
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56:11
work miracles and get this in time for Q4?
56:12
It's good to reach for the stars. Do you see
56:13
that?
56:14
A. Yes, I do.
56:15
Q. Did Mr. Pope explain why there was
56:16
a huge interest?
56:17
A. The -- just so you know, this is
56:18
the same e-mail that we just looked at on the
56:19
previous page when I referenced that, and this
56:20
is Barry's response to me at this point in
56:21
time. This was not a surprise to me because I
56:22
had already had a conversation with Matt
56:23
McDonnell stating that he wanted this item for
56:24
Q4 and the quantity would be 175,000 units.
56:25
That was a conversation I had with
57:1
57:2
57:4 -57:22
that, yes, this is something that we want for
57:3
25
Matt. And Barry is just kind of reiterating
Q4.
Lowe, Jill 2015-10-29
00:00:50
57:4
57:5
00:13:10
line that we normally would follow. This did
57:11
come up rather late in the game in order to hit
57:12
a Q4. It typically takes, roughly, about seven
57:13
months to launch a new product.
57:14
So this is one where they did say,
57:15
you know, that's why he's putting a note in
57:16
there it's good to reach for the stars, because
57:17
this would be within that time frame. Have we
57:18
launched products earlier than seven months
57:19
before? Absolutely. But, you know, that's
57:20
just kind of when we go in and talk new
57:21
products, we kind of start with that and say
57:22
this is typically how long it would take.
Lowe, Jill 2015-10-29
00:00:47
60:18
A. Mm-hmm.
60:20
Q. -- a four-page e-mail beginning
60:21
with Bates number Apex 2293?
60:22
A. Yes, I see that.
60:23
00:14:00
Q. I've introduced, as Exhibit 10 --
60:19
11:13:58PM
M3.30
Craftsman brand team, there is a certain time
57:10
5/4/2017
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we looked to launch new products with the
57:9
Printed:
00:25:32
A. No. And the reason being is when
57:8
60:18 -61:9
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working miracles to get this in time for Q4?
57:7
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asked -- or that he thought it would take
57:6
26
00:26:22
Q. Did it surprise you that he
Q. If you turn to the last e-mail of
Page 8 of 22
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Q. -- this is an e-mail from Mark Good
61:2
to quite a few people, including you, correct?
61:3
A. Yes.
61:4
Q. And that's on March 23rd, 2012?
61:5
A. Yes.
61:6
Q. Who is Mark Good?
61:7
A. Mark Good was the manager of
61:8
industrial design that worked for the KCD
61:9
Link > P495.1.2
A. Mm-hmm.
61:1
62:5 -62:12
the chain, so looking at page 4 --
60:25
27
60:24
Brands team.
Lowe, Jill 2015-10-29
00:00:22
00:14:47
62:5
Lowe, Jill 2015-10-29
00:00:51
00:15:09
Q. Were there any items that had to be
63:5
pushed out to get -- in order to work on the
63:6
Bionic 2.0?
63:7
A. There was an item that was on the
63:8
table at one point. In this e-mail, it states,
63:9
We removed the lighted adjustable from
63:10
development and generated more designs.
63:11
we've been more focused on Eclipse and the
63:12
Bionic.
63:13
launched in fourth quarter of 2012, and that
63:15
was the Max Axess Locking Wrench along with a
63:16
lighted adjustable wrench. The Eclipse
63:17
Multitool did get pushed out until 2013, but a
63:18
lot of that had to do with the design of the
63:19
product. The KCD team was not happy with what
63:20
was being proposed, so that got moved to launch
63:21
Link > Hide
I can let you know what was
63:14
103:14 -103:17
the next year.
Lowe, Jill 2015-10-29
00:00:13
00:16:00
Exhibit 22. That Apex -- that has the Bates
number, on the first page, of Apex 9011, and
103:17
11:13:58PM
Q. I've introduced a new document as
103:16
5/4/2017
103:14
103:15
Printed:
M3.34
A. Mm-hmm. Yes, I do.
63:4
29
Lowe_J-102915-2of3
and meet Quarter 4. Do you see that?
62:12
63:4 -63:21
00:23:32
completing those design attempts so we can try
62:11
28
M3.32
now on the Eclipse and Bionic replacement
62:10
Lowe_J-102915-1of3
generated more designs. We have been focused
62:9
00:24:23
from development for Craftsman and have not
62:8
M3.31
am sorry. We removed the lighted adjustable
62:7
Lowe_J-102915-1of3
Q. I'll start over. It says, Mark, I
62:6
00:24:45
it's a three-page document.
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30
104:5 -104:9
Lowe, Jill 2015-10-29
104:5
00:00:09
Lowe_J-102915-2of3
M3.35
00:16:22
00:23:10
Lowe_J-102915-2of3
M3.36
00:23:03
Lowe_J-102915-2of3
M3.37
several others copying you?
104:7
A. Yes.
104:8
Q. And this is from May 9th, 2012?
104:9
104:21 -104:24
00:23:19
Q. -- it's from Eric Broadaway to
104:6
31
00:16:13
A. Mm-hmm.
Lowe, Jill 2015-10-29
00:00:07
104:21
Q. And he goes on that we had design
104:22
changes from Craftsman on both of these as
104:23
32
106:3 -107:15
little as three weeks ago.
104:24
A. Mm-hmm.
Lowe, Jill 2015-10-29
00:01:55
00:16:29
106:3
Q. He then says that we think Sears
106:4
pays about $9.50 for the 8-inch Bionic, but
106:5
maybe less. Do you see that?
106:6
A. I do.
106:7
Q. Was this your view as well?
106:8
A. I don't know specifically the exact
106:9
price. I do know that I had had conversations
106:10
with Stephanie Kaleta related to kind of
106:11
generalities of what they were paying for
106:12
certain products. And that, too, is not -- I
106:13
mean, it's very normal that that comes in the
106:14
discussion when you're getting ready to price a
106:15
product to them.
106:16
Q. Had she told you, in any --
106:17
generally or specifically, what Sears was
106:18
paying for the Loggerhead Bionic Wrench?
106:19
A. I do recall that I did have a
106:20
conversation with her at one point that I
106:21
believe I put in an e-mail to other folks
106:22
within the company that gave me guidance on,
106:23
yes, what her existing pricing was, or a range
106:24
of her existing pricing, right.
106:25
Q. Did Ms. Kaleta explain why she was
107:1
telling you the existing pricing range?
107:2
A. I don't know if she specifically
107:3
said this is why I'm telling you this, but it
107:4
has more to do with what their margin
107:5
expectations would be for new product and,
107:6
again, very normal in the negotiation time
107:7
period whenever you're quoting anything new to
107:8
5/4/2017
11:13:58PM
Q. So she is telling you what her
107:10
Printed:
a customer.
107:9
current margins are and basically saying that
Page 10 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
107:11
107:12
to, Here is where I'm relatively around today
107:14
and here is where I would hope to be at
107:15
107:16 -109:15
A. She would be giving us guidance as
107:13
33
you all would need to match that or beat it?
tomorrow.
Lowe, Jill 2015-10-29
00:02:15
00:18:24
107:16
107:17
A. Yep.
107:20
Q. -- Locking -- or Max Axess Locking
107:21
Wrench.
107:22
A. Okay.
107:23
Q. So he said, The Craftsman has
107:24
dual-material handles and a locking ring
107:25
feature above the dipped handle, nonlocking
108:1
Bionic. Do you see that?
108:2
A. I do.
108:3
Q. Did you view this as him saying
108:4
that these are improvements over the Loggerhead
108:5
Bionic Wrench?
108:6
A. I view this as the Apex team
108:7
providing to the KCD team a product that has
108:8
different features and benefits that are not in
108:9
the marketplace today. So similar type
108:10
products did not have a locking feature, so
108:11
that definitely was a competitive advantage for
108:12
Craftsman, which is really the intent of this
108:13
opportunity.
108:14
Q. Did you view the dual material
108:15
handles also as a competitive advantage?
108:16
A. We would view that, yes, because
108:17
it's a much more comfortable grip in your hand.
108:18
Q. Were there any other distinguishing
108:19
features of the Bionic 2.0 over the Loggerhead
108:20
Bionic Wrench?
108:21
A. In addition to having the locking
108:22
feature and the dual-material handles, there
108:23
were also some -- and this -- I may not be
108:24
naming them all, but this is just what I
108:25
remember.
109:1
On the Max Axess adjustable wrench,
109:2
there are arrows that talk to how to do the
109:3
locking mechanism. There was also a scale
109:4
11:13:58PM
M3.38
Craftsman -- what became the Craftsman --
107:19
5/4/2017
Lowe_J-102915-2of3
The Craftsman -- and, again, this is the
107:18
Printed:
00:21:08
Q. And Mr. Broadaway goes on and says,
range so that when you're adjusting it, you
Page 11 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
109:5
would know exactly what size you are. One side
109:6
was inch. The other side was a metric scale.
109:7
So that was also an added feature to that
109:8
product.
109:9
There may be more, but those are
109:10
109:11
head moved to get to the different sizes. So,
109:14
you know, visually it was a different-looking
109:15
Link > P350.1
different just from a standpoint of how the
109:13
111:13 -111:15
mean, the look of the product, too, was
109:12
34
really the four that I remember the most. I
product.
Lowe, Jill 2015-10-29
00:00:09
00:20:39
112:17 -112:19
Link > P350.1.1
Lowe, Jill 2015-10-29
112:17
00:00:05
00:20:48
Link > P350.1.2
00:18:39
Lowe_J-102915-2of3
M3.41
00:18:27
Lowe_J-102915-2of3
M3.42
00:18:08
Lowe_J-102915-2of3
M3.47
00:17:57
Lowe_J-102915-2of3
M3.48
For Craftsman 4Q Innovation from Apex?
Lowe, Jill 2015-10-29
00:00:12
00:20:53
113:1
Q. It says, We are able to quote both
an 8-inch and 6-inch Max Axess wrench. I know
113:3
we had only been talking about the 8-inch
113:4
before. We can deliver both sizes for 4Q.
113:5
113:6
113:22 -114:4
M3.40
A. Yes.
113:2
37
Lowe_J-102915-2of3
Q. And so the subject is, Price Quote
112:19
113:1 -113:6
00:18:44
on the first page.
112:18
36
M3.39
two-page document with Bates numbers Sears 311
111:15
Lowe_J-102915-2of3
Q. And I'm marking, as Exhibit 23, a
111:14
35
111:13
00:18:53
Do you see that?
A. I do.
Lowe, Jill 2015-10-29
00:00:19
00:21:05
113:22
Q. So sometime between the e-mails we
113:23
saw earlier and the March time frame where you
113:24
were uncertain as to whether you could get the
113:25
Bionic 2.0 delivered for fourth quarter 2012
114:1
and now things have changed and Apex now knows
114:2
it can deliver the product for fourth quarter
114:3
38
120:21 -120:23
Link > P132.1
2012?
114:4
A. Based on this e-mail, yes.
Lowe, Jill 2015-10-29
00:00:11
00:21:24
Link > P132.1.1
a two-page document with -- beginning with a
120:23
122:8 -122:23
Q. And I've introduced, as Exhibit 25,
120:22
39
120:21
Bates number Apex 9334.
Lowe, Jill 2015-10-29
00:00:34
00:21:35
11:13:58PM
price, on the Bionic Wrench from Loggerhead,
122:10
5/4/2017
Q. So you go on and say, Their old
122:9
Printed:
122:8
was in the no -- low nine-dollar range, landed
Page 12 of 22
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122:11
USA. That's why they asked for a cost of 9 to
122:12
Q. Is this what you were referring to
122:15
earlier in the e-mail that reflected the
122:16
discussion you had with Ms. Kaleta on what
122:17
their pricing for the Loggerhead Bionic Wrench
122:18
was?
122:19
A. I believe I had recalled having a
122:20
conversation with Stephanie where I got some
122:21
information, and I remember putting it in an
122:22
e-mail. And this is the e-mail that I was
122:23
123:8 -123:22
A. I do.
122:14
40
$10. Do you see that?
122:13
referring to, yes.
Lowe, Jill 2015-10-29
00:00:36
00:22:09
123:8
123:9
Link > P132.1.2
you see that?
123:15
A. I do.
123:16
Q. Did Ms. Kaleta explain why they
123:17
needed to be at least a dollar off of their
123:18
current landed price of 11.71?
123:19
A. Again, I would have to remember the
123:20
conversation exactly, but my assumption would
123:21
be that she has a margin goal that she wanted
123:22
to meet for this product.
Lowe, Jill 2015-10-29
00:00:46
00:22:45
124:24
Q. And if you go on to Item No. C, it
124:25
says, She understands there is a lot more to
125:1
this wrench, meaning locking feature and
125:2
cushion grip handle, but she also knows this is
125:3
made in Asia versus the Loggerhead that is made
125:4
in the USA. Do you see that?
125:5
A. I do.
125:6
Q. What did you mean by, But she also
125:7
knows this is made in Asia versus the
125:8
Loggerhead that is made in USA?
125:9
A. Typically, when buyers are looking
125:10
at product that is made in Asia versus made in
125:11
USA, they feel that the cost of the product is
125:12
going to be cheaper. So looking at this
125:13
11:13:58PM
M3.50
off their current landed price of 11.71. Do
123:14
5/4/2017
Lowe_J-102915-2of3
She stated we need to be at least one dollar
123:13
Printed:
00:16:47
price, meaning around 10.50. We quoted 11.15.
123:12
Link > P132.1.3
M3.49
at least where they are today for a landed
123:11
124:24 -125:18
Lowe_J-102915-2of3
you say, Stephanie feels like she needs to be
123:10
41
00:17:23
Q. And then, in the next paragraph,
e-mail, what I think was going through her mind
Page 13 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
125:14
125:15
should be less because you're making it in
125:18
Link > P352.1
product; but at the same time, your costs
125:17
130:8 -130:16
definitely more features and benefits to this
125:16
42
was, yes, I understand that there are
Asia, not USA.
Lowe, Jill 2015-10-29
00:00:26
00:23:31
130:8
130:9
Lowe, Jill 2015-10-29
00:00:18
00:23:57
133:7
00:14:41
Lowe_J-102915-2of3
M3.54
new handle width on the 8-inch to be 120
millimeters or 4.75 inches. This is the same
133:12
handle width as the Loggerhead 8-inch. Do you
133:13
see that?
133:14
A. I do.
Lowe, Jill 2015-10-29
00:00:30
00:24:15
133:15
Q. Why did you explain to Ms. Kaleta
133:16
that the new handle range or the new handle
133:17
width is the same handle width as the
133:18
Loggerhead 8-inch?
133:19
A. Going back to my original
133:20
conversation with her on the handle width, in
133:21
order for her to fully understand what that
133:22
width would be, at this point in time, she
133:23
didn't have a prototype sample. So I was
133:24
referencing another product that she could
133:25
actually put her hands on to feel what that
134:1
width would be.
Lowe, Jill 2015-10-29
00:00:06
00:24:45
134:13
Q. Do you know why Apex chose to
134:14
change its handle width to be the same as the
134:15
Loggerhead 8-inch?
Lowe, Jill 2015-10-29
00:00:22
00:24:51
134:19
A. What the request was, from
134:20
11:13:58PM
M3.53
losing fastener-range fitness. We plan for the
133:11
5/4/2017
Lowe_J-102915-2of3
can bring the handles closer together without
133:10
Printed:
00:14:47
Q. Okay. So it says, We now know we
133:9
134:19 -134:25
M3.93
A. Yes, it is.
133:8
46
Lowe_J-102915-2of3
Q. And that's on May 16th, 2012?
130:16
134:13 -134:15
00:15:17
A. Yes, it is.
130:15
45
M3.52
you to Ms. Kaleta and others; is that right?
130:14
133:15 -134:1
Lowe_J-102915-2of3
Q. Okay. And this is an e-mail from
130:13
44
00:15:35
A. 318, yes, I see that.
130:12
Link > P352.1.4
M3.51
number Sears 318.
130:11
133:7 -133:14
Lowe_J-102915-2of3
four-page document beginning with the Bates
130:10
43
00:16:01
Q. I've introduced, as Exhibit 27, a
Stephanie Kaleta to us in the brand team, was
Page 14 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
134:21
134:22
smallest width that we could decrease it to
134:24
without altering the range size that we had
134:25
137:20 -137:24
to be decreased. So we worked to determine the
134:23
47
basically this handle is too wide and it needs
quoted to them initially.
Lowe, Jill 2015-10-29
00:00:12
00:25:13
00:14:19
Lowe_J-102915-2of3
M3.57
00:14:07
Lowe_J-102915-2of3
M3.58
00:14:03
Lowe_J-102915-2of3
M3.59
00:25:40
00:13:52
Lowe_J-102915-2of3
M3.60
00:25:59
00:13:33
Lowe_J-102915-2of3
M3.61
00:26:01
00:13:31
Lowe_J-102915-2of3
M3.94
137:20
137:21
A. I believe I do, but let's
137:23
double-check this. But I believe the 8-inch
137:24
138:3 -138:4
pricing was?
137:22
48
Q. Do you remember what the final
was $10 and the 6-inch was $9.
Lowe, Jill 2015-10-29
00:00:04
00:25:25
138:3
49
138:16 -138:18
Link > P142.5
A. I know I have the document, and
138:4
I -- from my memory, I recall that's the price.
Lowe, Jill 2015-10-29
138:16
00:00:11
00:25:29
Q. This is Exhibit 29, and it is an
138:17
50
138:24 -139:7
11-page document beginning with Bates number
138:18
Apex 13362.
Lowe, Jill 2015-10-29
138:24
00:00:19
Q. At the top, it says, Annual Sales
138:25
Forecast COGS, GM. Do you see that?
139:1
A. I do see that, yes.
139:2
Q. Do you know what COGS is?
139:3
A. Cost of goods sold.
139:4
Q. And then do you know what the GM
139:5
153:16 -153:16
Link > P346.1
52
A. It would be gross margin stated in
139:7
51
and dollar sign is?
139:6
dollars.
Lowe, Jill 2015-10-29
153:16
155:9 -156:11
Link > P346.4.1
00:00:02
Q. And I've introduced Exhibit 31. I
Lowe, Jill 2015-10-29
00:01:18
155:9
Q. And you say, Both the Max Axess AW
155:10
and the Eclipse Multitool are laminate tools.
155:11
The punch presses to make the plates are shared
155:12
between these tools. Plates are the layers of
155:13
steel riveted together. The Type --
155:14
THE REPORTER: I'm sorry. Plates
155:15
155:16
make the plates is called a press. So in order
155:19
to keep presses running for Max Axess AW plates
155:20
11:13:58PM
riveted together. The type of machine used to
155:18
5/4/2017
Q. Plates are the layers of steel
155:17
Printed:
are the layers?
to hit these fourth quarter buy quantities, we
Page 15 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
155:21
would not be able to also do the Eclipse. I
155:22
earlier when you were saying that you were
156:1
having to push the Eclipse into 2013?
156:2
A. That is correct.
156:3
Q. And so here you're saying it's
156:4
because the Eclipse and the Max Axess can't run
156:5
simultaneously since they use the same plates
156:6
for tooling; is that right?
156:7
A. Yeah. Basically, what we were
156:8
saying is, we needed to have all of the presses
156:9
running to run this volume on the Max Axess
156:10
Adjustable Wrench for the quantities that
156:11
156:12 -156:16
Q. Is this what you were referring to
155:25
53
A. Yes, I do.
155:24
Link > Hide
hope this will be acceptable. Do you see that?
155:23
Stephanie had requested.
Lowe, Jill 2015-10-29
156:12
00:00:15
00:27:19
Lowe, Jill 2015-10-29
00:00:48
00:27:34
00:11:02
Lowe_J-102915-2of3
M3.67
the Sears team, we say, In order to get the
156:24
quantity you want on this product, that means
156:25
that this other product we can't do. It is up
157:1
to you guys to decide what you would like us to
157:2
proceed with. So that decision ultimately came
157:3
from that team.
157:4
Q. And the KCD team decided to go with
157:5
the full order on the Max Axess Adjustable
157:6
Wrench and move the Eclipse into 2013?
157:7
A. From a product decision, yes. I
157:8
mean, obviously, they were having conversations
157:9
with the Sears Full Line Team, too, on what
157:10
they would want to purchase; but yes, that
157:11
decision came to us from the KCD team.
Lowe, Jill 2015-10-29
00:00:08
00:28:22
167:5
Q. Do you know if it's standard for
167:6
11:13:58PM
M3.95
team. So what we provide is, to the KCD and
156:23
5/4/2017
Lowe_J-102915-2of3
what to do. That decision comes from the KCD
156:22
Printed:
00:11:10
A. First of all, Apex doesn't decide
156:21
167:14 -167:16
M3.65
order and still doing the Eclipse Multitool?
156:20
56
Lowe_J-102915-2of3
decreasing the Max Axess Adjustable Wrench
156:16
167:5 -167:6
00:11:58
Axess Adjustable Wrench order instead of
156:15
55
M3.64
Eclipse to 2013 and fulfill the entire Max
156:14
156:20 -157:11
Lowe_J-102915-2of3
Q. Why did Apex decide to move the
156:13
54
00:12:13
Apex to conduct tests on non-Apex products?
Lowe, Jill 2015-10-29
00:00:12
00:28:30
Page 16 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
167:14
167:15
167:17 -168:16
Apex to test a lot of products in the
167:16
57
A. Yes. We -- it is very typical for
marketplace. That's not uncommon.
Lowe, Jill 2015-10-29
00:01:03
00:28:42
167:17
Q. When you say benchmark against a
168:1
Craftsman spec, is that a preexisting Craftsman
168:2
spec or do you mean to create a Craftsman spec?
168:3
A. Typically, any -- or I should say,
168:4
any Craftsman spec needs to be determined by
168:5
the KCD brand team, and then they would share
168:6
that with any manufacturer that would want to
168:7
manufacture any of their products.
168:8
If a spec does not exist, let's
168:9
individual vendor, which would be us, to
168:11
determine and help them determine what that
168:12
spec may be. But a lot of times they already
168:13
have a spec that exists that they would just
168:14
pass to us and say if you want to make a
168:15
Craftsman adjustable wrench, this is the spec
168:16
187:2 -187:13
say, on an item, they might work with the
168:10
58
you need to hit.
Lowe, Jill 2015-10-29
00:00:34
00:29:45
187:2
Q. And if you go to the next page,
187:3
Item No. 2, he says, The root cause in a bigger
187:4
picture. This project started late with huge
187:5
quantities and high technical difficulty.
187:6
A. Yes, I see that.
187:7
Q. And then down in the next item, he
187:8
said that the total quantities this year of
187:9
320,000 pieces is way more than any other
187:10
A. Yes, I see that.
187:12
Q. Do you agree that this was a huge
187:13
187:17 -188:11
projects?
187:11
59
quantity for an order from Sears to Apex?
Lowe, Jill 2015-10-29
187:17
Printed:
5/4/2017
11:13:58PM
M3.73
meet a spec that they define.
167:25
Lowe_J-102915-2of3
tool that Craftsman will put their name on must
167:24
00:09:13
would perform the Craftsman spec, because every
167:23
M3.72
against a Craftsman spec to see how the tool
167:22
Lowe_J-102915-2of3
that's used -- that is used to benchmark
167:21
00:09:47
how well the tools perform. And a lot of times
167:20
M3.68
A. Typically, from a purpose to see
167:19
Lowe_J-102915-2of3
Q. And for what purpose?
167:18
00:10:50
00:01:13
00:30:19
A. Okay. Like I had mentioned before,
Page 17 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
187:18
we do a lot of volume with Sears on certain
187:19
items. But based on the fact that this was
187:20
developed a little bit later, you know, having
187:21
that amount of quantity that you have to
187:22
produce in a given amount of time to ship, this
187:23
would be a large number of pieces.
187:24
Q. Did Sears ever explain why they
187:25
wanted such a large order even though there was
188:1
a shorter time frame?
188:2
A. I mean, in their -- in their mind,
188:3
based on my conversations, again, with
188:4
Stephanie Kaleta, this is an item that they
188:5
wanted for DRTV. So the volume was driven by
188:6
their DRTV plans. And they had a lot of
188:7
history on items that they've run on DRTV in
188:8
the past, and that's where they get their
188:9
volume estimates from. But this type of volume
188:10
60
188:12 -189:2
they would never buy unless they were going to
188:11
put it on DRTV.
Lowe, Jill 2015-10-29
188:12
00:00:46
00:31:32
fact that it was innovative and was offering a
188:18
different feature benefit to the customer
188:19
that's not out in the marketplace today.
188:20
Obviously, with the negotiation on the price,
188:21
they liked that it hit the twenty-dollar price
188:22
point. And they have a lot of history with how
188:23
do items run on DRTV when it's $20 or below.
188:24
So I think that, in itself, was
188:25
something that, you know, the Sears Full Line
189:1
Team, beyond Stephanie, just really believed in
189:2
that they would be able to sell this product.
Lowe, Jill 2015-10-29
00:00:36
00:32:18
232:23
232:24
one, I've introduced, as Exhibit 53, a two-page
document beginning with Bates number Apex
233:1
17569?
233:2
A. Yes.
233:3
Q. And this is an e-mail chain with
233:4
the top e-mail being from you to Ms. Kaleta and
233:5
11:13:58PM
Q. If you want to back out of that
232:25
5/4/2017
M3.76
they just believed in the item. They liked the
188:17
Printed:
Lowe_J-102915-3of3
with her, I think it came down to the fact that
188:16
Link > P149.1.1
00:07:14
A. Thinking back to some conversations
188:15
Link > P149.1
M3.74
why she wanted this product on DRTV?
188:14
232:23 -233:6
Lowe_J-102915-2of3
Q. Did Ms. Kaleta ever explain to you
188:13
61
00:08:00
others?
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Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
233:6
62
233:7 -233:19
A. Yes.
Lowe, Jill 2015-10-29
00:00:27
00:32:54
233:7
Lowe_J-102915-3of3
M3.78
A. Yes.
233:11
Q. Who is Tom Arvia?
233:12
A. Tom Arvia, at the time, was the
233:13
DMM, department merchandise manager, that was
233:14
responsible for mechanics hand tools. He was
233:15
not over general purpose tools. Stephanie
233:16
Kaleta reported in to a different individual.
233:17
Q. Was Tom Arvia at Sears?
233:18
A. Yes. He was part of the Sears Full
233:19
233:20 -235:16
00:06:11
is Tom Arvia?
233:10
63
M3.77
Wits, who you've just described, and the other
233:9
Lowe_J-102915-3of3
Q. One of the recipients is Aaron
233:8
00:06:38
Line Team.
Lowe, Jill 2015-10-29
00:02:01
00:33:21
233:20
Q. So in this e-mail, you're writing
233:21
to Stephanie and you say, The other call out
233:22
that I have for the script is I think we need
233:23
to make a call out on the number or fasteners
233:24
the tool can be used on. In the script, it
233:25
states the following: It does the work of two
234:1
sets of wrenches, metric and standard, so you
234:2
spend less time looking for tools and more time
234:3
getting things done. But can we quantify the
234:4
number of wrench sizes? I think we need to
234:5
just like we added to the packaging.
234:6
Do you see that?
234:7
A. Yes.
234:8
Q. When you say just like we added to
234:9
the packaging, are you referencing the graphic
234:10
that stated how many tool -- wrench sizes or
234:11
how many wrenches the Max Axess Locking Wrench
234:12
said one tool, 16 wrenches. So in this
234:16
particular message to Stephanie, I was stating
234:17
that there should be some mention of the fact
234:18
that this works on X number of wrenches in the
234:19
DRTV spot.
234:20
Q. Why did you say you think that you
234:21
need to add this to the script?
234:22
A. Because I think it's a -- I mean,
234:23
11:13:58PM
that we just referenced on the packaging that
234:15
5/4/2017
A. What I'm referring to was that icon
234:14
Printed:
could replace?
234:13
it is definitely a very large selling point to
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Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
234:24
the fact that you can buy one wrench for $20
234:25
and it does the work of 14 or 16 wrenches.
235:1
It's a powerful message. So it's something
235:2
that I felt should be gotten across on the DRTV
235:3
spot.
235:4
Q. Had you seen the -- I think you
235:5
said you had seen the Bionic Wrench packaging
235:6
previously?
235:7
A. Yes. Because it was in the Sears
235:8
stores, yes.
235:9
Q. And did you think that its image
235:10
that also talked about the number of wrenches
235:11
many different sizes or different tools is a
235:15
powerful message, yes. And I think that's used
235:16
236:1 -236:10
the fact that it works on or that it can cover
235:14
Link > P150.1
A. I think any tool that can speak to
235:13
64
it could replace also sent a powerful message?
235:12
on many other tools as well.
Lowe, Jill 2015-10-29
00:00:26
00:35:22
236:1
236:2
Kaleta; is that right?
236:8
A. Yes, it is.
236:9
Q. And it's from September 18th, 2012?
236:10
A. Yes.
Lowe, Jill 2015-10-29
00:01:50
00:35:48
236:22
a lawnmower blade might be a good shot for this
236:24
tool. A standard adjustable is more prone to
236:25
round that fastener because it gets worn from
237:1
being under the mower. This product will
237:2
better grab that fastener. We should also get
237:3
a close-up shot of the locking wrench [sic]
237:4
feature on this wrench; do you see that?
237:5
A. Yes.
237:6
Q. Where did you get the idea of using
237:7
changing a lawnmower blade for this shot?
237:8
A. That would have been discussions
237:9
that I had internally with my team; most
237:10
likely, Eric Broadaway. And I'm guessing that
237:11
11:13:58PM
Q. And then you go on to say, Changing
236:23
5/4/2017
M3.80
e-mail from you to Aaron Wits and Stephanie
236:7
Printed:
Lowe_J-102915-3of3
Q. And in this first page, it's an
236:6
Link > P150.1.2
00:03:44
A. Yes, I see that.
236:5
236:22 -238:14
M3.79
number Apex 17700?
236:4
65
Lowe_J-102915-3of3
two-page document beginning with the Bates
236:3
Link > P150.1.1
00:04:10
Q. I will introduce, as Exhibit 54, a
this came out after we saw -- I don't remember
Page 20 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
237:12
237:13
prior to September 18th? The one that we just
237:14
talked about, I believe it was.
237:15
Q. I believe so.
237:16
A. So it's kind of taking a look at
237:17
that and saying, Do we feel that this script
237:18
will urge somebody to get off their couch to
237:19
come to the store to buy this product, and we
237:20
think that we need to convey uses that a lot of
237:21
people can relate to. So doing the lawn mower
237:22
is one that we felt would be a very good image
237:23
that people could relate to. And the other
237:24
feature that I had on here is because the
237:25
locking feature was not in the marketplace, I
238:1
wanted to make sure that we really zoned in on
238:2
that to make that call out for the DRTV shoot.
238:3
Link > Hide
the date that that script came out. Was that
Q. Was the lawn mower idea yours or
238:4
It might have been something I discussed with
238:7
Eric. I mean, I can't remember that. But it
238:8
definitely probably came from somebody at Apex.
238:9
Q. Were you -- are you personally
238:10
familiar with the challenges of changing a
238:11
lawnmower blade?
238:12
A. Me, personally, no, which is why I
238:13
said that it probably came from somebody else
238:14
238:24 -239:12
A. I can't -- it might have been me.
238:6
66
someone else on your team?
238:5
at Apex.
Lowe, Jill 2015-10-29
238:24
00:00:40
00:37:38
just what I was able to see in the store, and
239:5
that would have been the product, the
239:6
packaging, and that display that we talked
239:7
about before.
239:8
Q. Had you ever read anywhere Dan
239:9
Brown Sr.'s account that he invented the tool
239:10
by watching his son fail to change a lawnmower
239:11
blade with an improper tool?
239:12
A. I don't recall.
Lowe, Jill 2015-10-29
272:15
11:13:58PM
M3.85
think my exposure to the Loggerhead Bionic was
239:4
5/4/2017
Lowe_J-102915-3of3
A. Okay. I may or may not have. I
239:3
Printed:
00:01:14
Wrench?
239:2
Link > P154.1
M3.81
articles or write-ups of Loggerhead's Bionic
239:1
272:15 -272:17
Lowe_J-102915-3of3
Prior to this, had you seen any
238:25
67
00:01:54
00:00:10
00:38:18
Q. I'm introducing, as Exhibit 61, a
Page 21 of 22
Lowe J PLAYED on 5_4 20151029 PA DC PCC on 5-2-17
272:16
272:17
68
273:25 -274:5
two-page document beginning with Bates number
Apex 18113.
Lowe, Jill 2015-10-29
Link > P154.2.1
00:00:18
00:38:28
00:00:41
00:38:46
278:3
competitor I can identify was the Loggerhead
278:5
sold through Amazon. Do you believe that the
278:6
only competitor for the Max Axess locking
278:7
wrench is the Loggerhead Bionic Wrench?
278:8
A. The way that this is stated from
278:9
Brian is that was his opinion. That I could
278:10
identify, that was the only one sold through
278:11
Amazon. There -- I mean, if you look at the
278:12
marketplace and look at what products similarly
278:13
do, that -- I mean, I look at it and say, Yeah,
278:14
Loggerhead is one. And, at that point in time,
278:15
I don't know if there were others that were out
278:16
there as well.
Play Time for this Script:
5/4/2017
00:39:32
Total time for all Scripts in this report:
Printed:
M3.88
Q. This says, For Max Axess, the only
278:4
Link > Hide
Lowe_J-102915-3of3
A. That is correct.
Lowe, Jill 2015-10-29
Link > P154.1.1
00:00:46
6-inch, correct?
274:5
278:3 -278:16
listed are Max Axess 8-inch and Max Axess
274:4
M3.87
for the following items, two of the items
274:3
Lowe_J-102915-3of3
where it's saying, Gathering competitive info
274:2
00:01:04
Q. Okay. And underneath the text here
274:1
69
273:25
00:39:32
11:13:58PM
Page 22 of 22
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