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 2-6
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Scene
1
Designation
5:9 -5:17
Source
Tx Duration Elapsed
Reese, Brian 2016-04-13
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A. Brian Reese.
5:15
Q. What is your current position at Sears?
5:16
A. Senior Director of Product Development
5:17
for Craftsman and DieHard brands.
Reese, Brian 2016-04-13
00:00:21
00:00:13
5:18
Q. When did you join Sears?
5:19
A. February 9, 2015.
5:20
Q. And what products do you currently work
5:21
on?
5:22
A. Craftsman and DieHard branded products.
5:23
Q. Does that include Craftsman hand tools?
5:24
6:5 -6:8
M7.1
the record?
5:14
3
Reese_B-041316-1o
Can you please state your name for
5:13
5:18 -5:24
00:34:44
Q. Or afternoon.
5:12
2
A. It does.
Reese, Brian 2016-04-13
00:00:08
00:00:34
6:5
or development of the Craftsman Max Axess Locking
6:7
Wrench?
6:8
7:4 -8:9
Q. Do you have any role in Sears' marketing
6:6
4
A. No.
Reese, Brian 2016-04-13
00:01:06
00:00:42
7:4
Q. Where did you receive that degree?
7:8
A. The Ohio State University.
7:9
Q. When did you receive that degree?
7:10
A. 1998.
7:11
Q. And you also have a Master's in
7:12
Mechanical Engineering; is that right?
7:13
A. Correct.
7:14
Q. And where was your -- where is your
7:15
Master's from?
7:16
A. The Ohio State University.
7:17
Q. When did you receive your Master's in
7:18
Mechanical Engineering?
7:19
A. 1999.
7:20
8:22:24AM
A. Yes.
7:7
5/12/2017
Mechanical Engineering; is that correct?
7:6
00:34:02
Q. You have a Bachelor's Degree in
7:5
Printed:
Barcode
A. Good morning.
5:11
Media File
Q. Good morning, Mr. Reese.
5:10
00:00:00
Remains
Q. And do you have any patents, Mr. Reese,
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7:21
where you're the listed inventor?
7:22
A. Yes.
7:23
Q. How many patents?
7:24
A. I don't remember exactly how many.
8:1
Q. Are the six patents listed on your
8:2
Linkedin page the complete list of patents on which
8:3
listed.
8:6
Q. Are you the inventor on any additional
8:7
patents that are not listed on your Linkedin page?
8:8
A. I am the inventor on pending
8:9
20:19 -21:4
A. I am an inventor on those that are
8:5
5
you are an inventor?
8:4
applications.
Reese, Brian 2016-04-13
00:00:53
00:01:48
20:19
20:20
00:32:56
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00:31:57
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Q. What information did you learn about
anyone at Sears' knowledge of the patents in suit
20:21
prior to the filing of this lawsuit?
20:22
A. Their knowledge of the suit or the
20:23
A. There's an e-mail that shows
21:2
correspondence from Apex to the product people at
21:3
Sears making statements about their design around the
21:4
25:23 -25:24
Q. The patents.
21:1
6
patents?
20:24
Brown patent.
Reese, Brian 2016-04-13
25:23
Link > P429.1
25:24
26:15 -26:24
7
00:00:06
00:02:41
I want to ask you about a different
document first. I'm introducing Exhibit No. 4.
Reese, Brian 2016-04-13
00:00:42
00:02:47
26:15
26:16
Q. Yeah.
26:20
A. I see it.
26:21
Q. And do you see there that the e-mail from
26:22
Mr. Brown to Ms. Campana and others identifies the
26:23
'579 patent?
26:24
27:23 -28:7
A. It was Page 1?
26:19
Link > P429.1
Carey Romano, and others dated October 19, 2011?
26:18
8
Exhibit 4 is an e-mail from Dan Brown to Brian Reese,
26:17
Link > P429.1.1
Q. Do you see the bottom e-mail on Page 1 of
A. I do.
Reese, Brian 2016-04-13
00:00:22
00:03:29
27:23
27:24
of the '579 patent at any time prior to October 19,
28:1
8:22:25AM
A. I believe so.
28:3
5/12/2017
2011?
28:2
Printed:
00:31:15
Q. Do you know if anyone at Sears was aware
Q. And what is your belief based on?
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Link > P470.1
referring to is dated prior to October 19, 2011?
28:7
28:20 -28:22
Q. Do you think the e-mail from Apex you're
28:6
9
A. The e-mail from Apex.
A. As I recall.
Reese, Brian 2016-04-13
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00:00:12
00:03:51
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00:04:03
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Q. With respect to the first page of
29:23
Exhibit 5, there's an e-mail dated March 15, 2012
29:24
from Mark Good to Barry Pope.
30:1
Do you see that?
30:2
A. I do.
30:3
Q. And can you tell me who Mark Good is
30:4
again?
30:5
A. Manager of Industrial Design.
30:6
Q. And what about Barry Pope?
30:7
A. Product Manager.
30:8
Q. In the e-mail from Mr. Good to Mr. Pope
30:9
dated March 15, 2012 Mr. Good wrote, "Apparently
30:10
there is a Bionic Wrench that needs a handle as
30:11
Link > P470.1.2
00:30:41
begins at Sears 00055539.
29:22
Link > P470.1.1
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today's deposition, which is an e-mail chain that
28:22
29:22 -30:20
Reese_B-041316-1o
I'm introducing Exhibit No. 5 to
28:21
10
00:30:53
well."
30:12
Do you see that?
30:13
30:14
Q. And in the e-mail above, the one we were
30:15
just looking at, Mr. Pope responded to Mr. Good on
30:16
March 15, 2012 and he wrote, "Coming soon, but they
30:17
are currently attempting to design function around
30:18
Link > P470.1.3
A. I do.
patent - will advise when we get to this point."
30:19
30:20
11
30:22 -31:8
Do you see that?
A. I do.
Reese, Brian 2016-04-13
30:22
00:00:35
00:05:01
Do you know who Mr. Pope was
30:23
referring to when he wrote that "they" are currently
30:24
attempting to design function around patent?
31:1
A. No, I would -- I would have to speculate.
31:2
Q. Do you think he's referring there to
31:3
Apex?
31:4
A. I think he's referring to them.
31:5
Q. And is the patent that Mr. Pope is
31:6
referring to a Loggerhead patent related to the
31:7
5/12/2017
8:22:25AM
Bionic Wrench?
31:8
Printed:
00:29:43
A. I'm speculating, but I think that.
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31:22
31:24
A. The people at Sears received an e-mail
from Apex stating that they had designed around the
32:2
32:18 -32:22
around a Loggerhead Bionic Wrench patent?
32:1
13
to the people at Sears and any effort to design
31:23
Link > Hide
Q. What can you testify about with respect
Brown patent.
Reese, Brian 2016-04-13
32:18
00:00:14
00:06:05
00:28:39
Did anyone at Sears do an
32:19
Apex claiming that they had designed around the
32:22
32:24 -33:2
any LoggerHead patent after receiving an e-mail from
32:21
14
investigation into whether the Apex design infringed
32:20
patent?
Reese, Brian 2016-04-13
00:00:10
00:06:19
32:24
33:1
33:4 -33:5
further research evaluating the design around the
33:2
15
A. I believe that individuals at Sears did
patent.
Reese, Brian 2016-04-13
00:00:21
00:06:29
33:4
33:5
16
35:2 -35:11
Q. What individuals are you referring to?
A. Barry Pope, Iqbal Singh.
Reese, Brian 2016-04-13
35:2
00:00:53
00:06:50
What work did Mr. Pope do, if any,
35:3
to confirm or investigate Apex's view that they had
35:4
designed around a LoggerHead patent?
35:5
A. I can only -- I can only respond based on
35:6
the documents I've seen. I'd be speculating about
35:7
what he might have done or didn't do.
35:8
Q. To your knowledge what did Mr. Pope do?
35:9
A. Mr. Pope was copied on e-mails from
35:10
17
36:20 -37:9
individuals at Apex clearly stating that a product
35:11
was intentionally designed around the Brown patent.
Reese, Brian 2016-04-13
00:00:46
00:07:43
36:20
Q. Did the documents you reviewed in
36:21
preparation for today's deposition reveal anything
36:22
that Mr. Pope did other than receiving e-mails and
36:23
images from Apex with respect to the design of the
36:24
Max Axess Locking Wrench?
37:1
A. It's possible, but I don't recall.
37:2
Q. It's possible that the documents you
37:3
reviewed revealed something about Mr. Pope's
37:4
investigation beyond receipt of e-mails and images
37:5
5/12/2017
8:22:25AM
from Apex?
37:6
Printed:
00:27:01
A. It's possible.
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Q. You don't know one way or the other right
37:8
18
38:12 -38:17
now?
37:9
A. I don't recall anything further.
Reese, Brian 2016-04-13
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00:08:29
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38:12
I'm asking about your review of
38:13
documents and whether that review of documents
38:14
revealed to you anything that Mr. Singh did to
38:15
investigate Apex's design-around claim other than
38:16
19
38:18 -38:21
receive e-mails from Apex?
38:17
A. I don't recall.
Reese, Brian 2016-04-13
00:00:06
38:18
38:19
Link > P467.1
Q. Is Mr. Pope still with Sears?
38:21
39:4 -39:6
A. No.
38:20
20
Q. Is Mr. Singh still with Sears?
A. No.
Reese, Brian 2016-04-13
39:4
00:00:17
MR. SKIERMONT: I'm introducing Exhibit 6 to
39:5
39:6
21
39:21 -39:23
Link > P467.1.1
your deposition, which is an e-mail chain among and
between Apex and Sears individuals.
Reese, Brian 2016-04-13
39:21
00:00:13
00:09:07
MR. SKIERMONT: It is Sears 0005505, and the
39:22
40:11 -41:8
top e-mail is from XU Yongsheng to Mark Good and
39:23
22
00:25:37
others dated March 18, 2012.
Reese, Brian 2016-04-13
00:01:10
00:09:20
00:25:24
40:11
Q. In the bottom of the page there's an
40:12
e-mail from Eric Broadaway to Matt McDonnell, Mark
40:13
Good, and others. Subject: Plier wrench handle grip
40:14
Link > P467.2.1
design.
40:15
Do you see that?
40:16
Q. And this e-mail from Mr. Broadaway is
40:18
dated March 15, 2012; correct?
40:19
A. March 15, 2012, 1:38 a.m.
40:20
Q. Who is Matthew McDonnell?
40:21
A. He was a Director of Product Management.
40:22
Q. At Sears?
40:23
A. Yes.
40:24
Q. In the e-mail from Mr. Broadaway dated
41:1
Link > P467.2.2
A. I do.
40:17
March 15, 2012 he wrote:
41:2
"We have made some good progress on
41:3
8:22:25AM
the Brown patents for the LoggerHead Tools. The jaws
41:6
5/12/2017
the model of the design that should not infringe upon
41:5
Printed:
the plier style wrench for Craftsman. Attached is
41:4
or plungers are not the U-shape design of Brown."
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23
41:15 -41:18
Do you see that?
A. I do.
Reese, Brian 2016-04-13
00:00:10
00:10:30
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Q. Is there any other e-mail other than
41:20
Exhibit 6 that you had in mind when you mentioned
41:21
that Apex sent an e-mail to Sears stating that they
41:22
had designed around the LoggerHead patents?
41:23
43:6 -43:10
00:24:04
A. Yes.
41:19
25
M7.23
referring to earlier?
41:18
41:19 -41:23
Reese_B-041316-1o
or at Deposition Exhibit No. 6 the e-mail you were
41:17
Link > Hide
00:24:14
Q. Is the e-mails that are at Plaintiff's --
A. Yes, I believe there was more than one.
Reese, Brian 2016-04-13
00:00:25
00:11:02
43:6
43:7
Link > P467.2.4
Axess wrench and a picture of a LoggerHead Bionic
43:10
43:21 -44:16
A. It looks like a proposed design for a Max
43:9
26
that image is on Sears 5508?
43:8
Link > P467.4.1
Q. And what is your understanding of what
Wrench highlighting the gripping element.
Reese, Brian 2016-04-13
00:01:51
00:11:27
00:23:17
43:21
Q. In the e-mail from Mr. Broadaway to
43:22
various individuals at Sears dated March 15, 2012,
43:23
did Mr. Broadaway identify any differences between
43:24
the proposed Craftsman design and the Bionic Wrench
44:1
design other than the difference in the jaw or
44:2
plunger?
44:3
A. Yes.
44:4
Q. What -- what was that?
44:5
A. Mr. Broadaway describes the jaws or
44:6
plungers. He describes radio slots. He discusses
44:7
the name. He discusses a locking feature, discusses
44:8
the strength of the tool. The industrial design is
44:9
mentioned -- I'm sorry -- that last statement was for
44:10
the eclipse multi-tool.
44:11
But he does mention industrial
44:12
design on the attached, so I'm assuming that's the
44:13
45:2 -45:7
A. He -- he also mentions the dual handle
44:16
27
Q. Based on your preparation to --
44:15
Link > Hide
Max Axess.
44:14
material. Okay.
Reese, Brian 2016-04-13
00:00:20
00:13:18
00:21:26
45:2
45:3
5/12/2017
8:22:25AM
deposition, are you aware of whether any of the Sears
45:4
Printed:
Q. Based on your investigation for today's
individuals that received Mr. Broadaway's March 15,
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45:5
45:6
45:11 -45:11
whether jaws or plungers that are not U-shaped would
45:7
28
2012 e-mail did any investigation to determine
design around the LoggerHead patents?
Reese, Brian 2016-04-13
45:11
29
45:21 -46:4
00:00:02
00:13:38
00:21:06
Reese_B-041316-1o
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A. I'm unaware.
Reese, Brian 2016-04-13
45:21
Q. In preparation for today's deposition,
45:22
did you see any communication by any of the Sears
45:23
individuals that were recipients to Mr. Broadaway's
45:24
A. It appears like it's the bottom of
46:4
46:23 -47:10
Q. Can you describe that, please?
46:3
30
A. I am.
46:2
Link > P467.1.2
e-mail being sent to anyone else at Sears?
46:1
Page 1, Mark Good forwarding it to Matthew McDonnell.
Reese, Brian 2016-04-13
00:00:56
00:14:13
00:20:31
46:23
46:24
sending Mr. Broadaway's e-mail to anyone else that
47:3
was not an original recipient of Mr. Broadaway's
47:4
e-mail?
47:5
A. I am unaware of anybody at Sears sending
47:6
this exact e-mail to anyone else.
47:7
Q. Is -- do you know Mr. Broadaway?
47:8
A. I do.
47:9
Q. He's not an attorney; is he?
47:10
47:24 -48:10
your investigation, are you aware of anyone at Sears
47:2
31
this e-mail on the first page of Exhibit 6, based on
47:1
Link > Hide
Q. Right. And my question is other than
A. Not that I'm aware.
Reese, Brian 2016-04-13
00:01:06
00:15:09
00:19:35
47:24
Q. Based on your investigation in
48:1
preparation for today's deposition, are you aware
48:2
whether anyone at Sears received any attorney
48:3
opinions from Apex with respect to whether the Max
48:4
Axess Locking Wrench designed around any LoggerHead
48:5
is not something that I would be able to share.
48:8
Q. Do you know whether any correspondence
48:9
with lawyers in fact occurred?
48:10
49:21 -50:18
A. Any correspondence between those lawyers
48:7
32
patent?
48:6
A. I -- I don't know.
Reese, Brian 2016-04-13
00:02:54
00:16:15
00:18:29
49:21
8:22:25AM
deposition, was it Sears or Apex who came up with the
49:24
5/12/2017
conversations you had in preparation for today's
49:23
Printed:
Q. Based on the documents you reviewed or
49:22
design of the Max Axess Locking Wrench?
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50:1
A. I believe Apex came up with the design.
50:2
Q. What was Sears' role in the creation of
50:3
the design of the Max Axess Locking Wrench if any?
50:4
A. Based on the documents, they -- Mark Good
50:5
gave direction on the tool handle.
50:6
Based on the documents, it stated
50:7
the locking feature you have requested. I'm guessing
50:8
that that was requested by an individual at Sears to
50:9
Apex. There was other correspondence relating to
50:10
Q. Are you finished?
50:13
A. The visual brand language would probably
50:14
have come from Sears individuals.
50:15
Q. What is the visual brand language?
50:16
A. Visual brand language governs application
50:17
of logos, colors, finishes, general branding of the
50:18
51:16 -51:20
correspondence relating to performance claims.
50:12
33
the -- the width of the handles, and there was
50:11
product.
Reese, Brian 2016-04-13
51:16
00:00:20
00:19:09
00:15:35
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Other than Exhibits 5 and 6 to
51:17
51:18
design-around of LoggerHead patents?
51:20
52:5 -52:14
e-mails exchanged between Apex and Sears discussing a
51:19
34
today's deposition, are you aware of any other
A. I can't recall.
Reese, Brian 2016-04-13
00:00:25
00:19:29
52:5
Q. Are you aware whether Apex is
52:6
indemnifying Sears for patent infringement with
52:7
respect to the Max Axess Locking Wrench?
52:8
A. Am I aware?
52:9
Q. Yes.
52:10
of that issue?
52:13
A. That Apex is indemnifying against patent
52:14
58:14 -58:18
Q. And what is -- what is your understanding
52:12
37
A. Yes.
52:11
infringement.
Reese, Brian 2016-04-13
00:00:16
00:19:54
58:14
58:15
understanding at all of anything Sears did to ensure
58:17
that the Max Axess Locking Wrench did not infringe
58:18
58:22 -59:11
preparing for today's deposition, do you have any
58:16
38
Q. Based on the investigation you did in
any LoggerHead patent?
Reese, Brian 2016-04-13
00:01:17
00:20:10
58:22
58:23
Link > P470.1.3
Printed:
5/12/2017
8:22:25AM
A. In referencing the 315 e-mail from Barry
Pope to Mark Good, he states. "Coming soon, but they
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58:24
are currently attempting the design function around
59:1
patent. Will advise when we get to this point."
59:2
My interpretation of that is there
59:3
is no move forward until they get that satisfied.
59:4
Q. And you were just referring to Exhibit 5?
59:5
A. Yes.
59:6
Q. And when you said your interpretation is
59:7
that there was no move forward until they get that
59:8
satisfied, are you referring to Apex getting
59:9
59:12 -60:3
A. No. My interpretation of we is Mark and
59:11
39
satisfied that they had designed around the patent?
59:10
Link > Hide
Barry Pope.
Reese, Brian 2016-04-13
00:01:16
00:21:27
00:13:17
59:12
patent?
59:22
A. One thing that is in the documents here I
59:23
can reference is they received an e-mail from Eric
59:24
Broadaway with a statement that the proposed design
60:1
should not infringe upon the Brown patents and that
60:2
it continues to explain that the jaws and plungers
60:3
are not the U-shaped design of Brown.
Reese, Brian 2016-04-13
00:00:26
00:22:43
00:12:01
60:18
than receive e-mails from Apex in -- with respect to
60:21
whether the Max Axess Locking Wrench design infringed
60:22
any LoggerHead patent?
60:23
Link > P30.1
reveal that Mr. Good or Mr. Pope did anything other
60:20
61:18 -61:21
Q. Did the documents that you reviewed
60:19
41
A. I don't recall that being detailed.
Reese, Brian 2016-04-13
00:00:14
00:23:09
00:11:35
61:18
which is Sears Holdings Corporation Supplemental
61:20
Objections and Responses to Plaintiff's Interrogatory
61:21
64:10 -64:18
Q. I've marked Exhibit 7 to the deposition,
61:19
43
No. 20, and it's also a Supplement to No. 9.
Reese, Brian 2016-04-13
00:00:27
00:23:23
64:10
5/12/2017
8:22:25AM
00:11:21
Q. If you -- staying on Page 3 of Exhibit 7,
64:11
Printed:
M7.43
Locking Wrench design designed around any LoggerHead
59:21
Reese_B-041316-2o
Mark Good did to investigate whether the Max Axess
59:20
M7.41
documents, what's your answer to what Barry Pope and
59:19
Reese_B-041316-2o
Q. And based on your review of the
59:18
M7.40
documents.
59:17
Reese_B-041316-1o
A. I can only refer to what's in these
59:16
60:18 -60:23
design designed around any LoggerHead patent?
59:15
40
investigate whether the Max Axess Locking Wrench
59:14
M7.39
Q. What did Barry Pope or Mark Good do to
59:13
Reese_B-041316-1o
in the second full paragraph, second sentence, this
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Link > P30.3.1
64:12
states, "Mr. Pope testified that he relied on the
64:13
Craftsman engineering team, in addition to Apex
64:14
employees, to ensure that the design of the Max Axess
64:15
Locking Wrench would not infringe any potentially
64:16
relevant patents, including the patents in suit."
64:17
64:18
44
64:24 -65:3
Do you see that?
A. I do.
Reese, Brian 2016-04-13
00:00:11
00:23:50
00:10:54
Reese_B-041316-2o
M7.44
Reese_B-041316-2o
M7.45
00:08:58
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M7.46
00:08:48
Reese_B-041316-2o
M7.47
Reese_B-041316-2o
M7.48
64:24
Axess Locking Wrench did not infringe any LoggerHead
65:3
65:4 -65:20
Craftsman engineering team to ensure that the Max
65:2
45
Q. Who did Mr. Pope rely on from the
65:1
patents?
Reese, Brian 2016-04-13
00:01:45
00:24:01
00:10:43
65:4
A. It appears that Iqbal Singh was the
65:5
Craftsman engineering team counterpart to Mr. Pope
65:6
for this project. I'm assuming that the engineering
65:7
team encompassed whatever resources Iqbal would have
65:8
engaged for this project.
65:9
Q. What engineering resources did Iqbal
65:10
engage to ensure that the Max Axess Locking Wrench
65:11
did not infringe any LoggerHead patents.
65:12
A. I can only answer based on what I've seen
65:13
in the documents, and I recall there were other
65:14
engineering people included in some of those
65:15
documents. Colin Knight was one. I don't recall any
65:16
Mr. Pope with respect to whether the Max Axess
65:20
66:2 -66:3
deposition, what information did Mr. Singh provide to
65:19
46
Q. Based on your preparation for today's
65:18
Link > Hide
others. There may have been.
65:17
Locking Wrench infringed any LoggerHead patents?
Reese, Brian 2016-04-13
00:00:10
00:25:46
66:2
66:3
47
66:5 -66:9
A. I'm not aware of a direct e-mail between
Iqbal Singh and Mr. Pope that I can recall.
Reese, Brian 2016-04-13
00:00:14
00:25:56
66:5
66:6
information about what Mr. Singh provided to Mr. Pope
66:8
with respect to whether the Max Axess Locking Wrench
66:9
66:15 -67:3
Mr. Singh and Mr. Pope, do you have any other
66:7
48
Q. Apart from a direct e-mail between
infringed any LoggerHead patent?
Reese, Brian 2016-04-13
00:00:46
00:26:10
00:08:34
66:15
8:22:25AM
e-mails. I don't know what other infrastructure or
66:18
5/12/2017
relied on the engineering team, but I only have
66:17
Printed:
A. So I have record here that Mr. Pope
66:16
project management they had in place at the time that
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66:19
they could have used to rely on the engineering team
66:20
to communicate such.
66:21
Q. What is the record here, that Mr. Pope
66:22
relied on the engineering team, what are you
66:23
engineering -- Craftsman engineering team in addition
67:2
to Apex employees to ensure the Max Axess Locking
67:3
68:23 -69:4
A. Mr. Pope testified that he relied on the
67:1
49
referring to?
66:24
Wrench would not infringe.
Reese, Brian 2016-04-13
68:23
00:00:31
00:26:56
00:07:48
Reese_B-041316-2o
M7.49
00:07:17
Reese_B-041316-2o
M7.50
00:07:03
Reese_B-041316-2o
M7.51
Reese_B-041316-2o
M7.52
Reese_B-041316-2o
M7.53
Based on your preparation for
68:24
today's deposition, what did Colin Knight inform
69:1
Mr. Pope about with respect to whether the Max Axess
69:2
69:18 -69:24
A. I don't think we have any record of a
69:4
50
Locking Wrench infringes any LoggerHead patent?
69:3
direct e-mail.
Reese, Brian 2016-04-13
00:00:14
00:27:27
69:18
LoggerHead patent?
69:21
A. Can you restate the question as it was
69:22
worded with Colin?
69:23
Q. It was the same basic thing.
69:24
71:16 -71:18
Max Axess Locking Wrench did not infringe any
69:20
51
Q. What did Mr. Singh do to ensure that the
69:19
A. Okay. Same answer then.
Reese, Brian 2016-04-13
00:00:08
00:27:41
71:16
71:17
71:19 -72:2
to ensure the Max Axess Locking Wrench would not
71:18
52
Q. What Apex employees did Mr. Pope rely on
infringe any LoggerHead patent?
Reese, Brian 2016-04-13
00:00:46
00:27:49
00:06:55
71:19
71:20
infringe upon the Brown patents for the LoggerHead
71:22
Tools.
71:23
Q. Other than Mr. Broadaway's e-mail in
71:24
Exhibit 6, dated March 15, 2012, what Apex employees
72:1
did Mr. Pope rely on to ensure the Max Axess Locking
72:2
72:3 -72:15
Eric Broadaway stating that the design should not
71:21
53
A. There is a statement in Exhibit 6 from
Wrench did not infringe any LoggerHead patents?
Reese, Brian 2016-04-13
00:01:10
00:28:35
00:06:09
72:3
72:4
on that same e-mail.
72:7
Q. Did any of the Apex employees you just
72:8
8:22:25AM
Jill Lowe, and Peng Li are all Apex employees copied
72:6
5/12/2017
Miles-Losapio, Junyi Wu, Yongsheng XU, Zhihong Fu,
72:5
Printed:
A. It appears that Brian List, Jennifer
listed communicate with Mr. Pope about whether the
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72:9
Max Axess Locking Wrench infringes any LoggerHead
72:10
Lowe.
72:13
Q. Anyone else?
72:14
A. I'm not sure who all from Apex
72:15
73:4 -73:11
A. I think there's other e-mails from Jill
72:12
54
patent?
72:11
corresponded with Barry Pope on the project.
Reese, Brian 2016-04-13
00:00:27
00:29:45
00:04:59
Reese_B-041316-2o
M7.54
Reese_B-041316-2o
M7.55
00:04:15
Reese_B-041316-2o
M7.56
00:04:03
Reese_B-041316-2o
M7.57
00:03:48
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M7.58
Reese_B-041316-2o
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73:4
of the Max Axess Locking Wrench did or did not
73:8
infringe any LoggerHead patent?
73:9
A. I don't know that there was analysis, but
73:10
I think there were statements relating to its unique
73:11
Link > P502.1
product include any analysis as to whether the design
73:7
73:18 -73:21
referring to that gave progress updates on the
73:6
55
Q. Do any of the e-mails that you're
73:5
and innovative design.
Reese, Brian 2016-04-13
73:18
00:00:17
00:30:12
00:04:32
MR. SKIERMONT: I'm introducing Exhibit No. 8
73:19
73:20
76:10 -76:13
Corporation Statements Regarding Craftsman Max Axess
73:21
56
to the deposition, which is Sears Holdings
Locking Wrench dated November 14, 2012.
Reese, Brian 2016-04-13
00:00:12
00:30:29
76:10
76:11
76:17 -76:22
learned of the 1950s patent depicted in the figure in
76:13
57
deposition, do you know when anyone at Sears first
76:12
Link > P502.1.1
Q. Based on your preparation for today's
Exhibit 8?
Reese, Brian 2016-04-13
76:17
00:00:15
00:30:41
A. I don't know.
76:18
deposition, do you know what anyone at Sears's
76:21
understanding was of the significance, if any, of the
76:22
77:2 -77:7
Q. Based on your preparation for today's
76:20
58
BY MR. SKIERMONT:
76:19
1950s patent depicted in the figure?
Reese, Brian 2016-04-13
77:2
00:00:16
00:30:56
A. I don't know.
77:3
deposition, did anyone at Sears believe or contend
77:6
that the Max Axess Locking Wrench was a replica of
77:7
77:10 -77:15
Q. Based on your preparation for today's
77:5
59
BY MR. SKIERMONT:
77:4
the 1950 patent depicted in the figure?
Reese, Brian 2016-04-13
77:10
Printed:
5/12/2017
8:22:25AM
00:31:12
00:03:32
A. I don't know.
77:11
00:00:16
BY MR. SKIERMONT:
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77:12
77:13
that the Max Axess Locking Wrench used -- uses some
77:15
77:18 -77:18
deposition, does anyone at Sears believe or contend
77:14
60
Q. Based on your preparation for today's
aspect of the 1950s patent depicted in the figure?
Reese, Brian 2016-04-13
77:18
61
77:20 -78:10
00:00:02
00:31:28
00:03:16
Reese_B-041316-2o
M7.60
00:00:38
00:31:30
00:03:14
Reese_B-041316-2o
M7.61
Reese_B-041316-2o
M7.62
Reese_B-041316-2o
M7.63
A. I don't know.
Reese, Brian 2016-04-13
77:20
77:21
Sears statement it says, "We take intellectual
77:22
property rights very seriously and respect those
77:23
Link > P502.1.3
Q. Do you see in the first sentence of the
rights."
77:24
Do you see that?
78:1
took LoggerHead's intellectual property rights very
78:5
seriously?
78:6
A. I think it was very clear that they took
78:7
it very seriously and respected those rights. The
78:8
e-mail from Pope stated in effect that the project is
78:9
a nonstarter unless there's a workaround on the
78:10
Link > Hide
deposition, what is your understanding of how Sears
78:4
78:18 -79:11
Q. Based on your investigation for today's
78:3
62
A. I do.
78:2
patent.
Reese, Brian 2016-04-13
78:18
00:00:59
00:32:08
00:02:36
What steps did Sears take to take
78:19
very seriously LoggerHead's intellectual property
78:20
rights?
78:21
A. The product manager gave a direct order
78:22
not to proceed until the design workaround was
78:23
presented.
78:24
Q. What did the product manager do to ensure
79:1
his direct order was followed?
79:2
A. He didn't -- he didn't answer the
79:3
question or provide any further information making it
79:4
impossible to proceed.
79:5
Q. I'm sorry. I don't understand what you
79:6
meant by that.
79:7
A. Mr. Good asked the question for inside on
79:8
the project, and Barry Pope said in effect there is
79:9
no project until there is a design workaround.
79:10
79:11
63
79:15 -79:24
So he never -- never provided the
next steps that could have been followed.
Reese, Brian 2016-04-13
00:00:22
00:33:07
00:01:37
79:15
79:16
Link > P502.1.2
Printed:
5/12/2017
8:22:25AM
In the first paragraph of Exhibit 8
in the Sears statement the statement says, "Despite
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79:17
some visual similarities to other tools on the
79:18
market, the Craftsman Max Axess Locking Wrench
79:19
operates in a different way using a mechanism
79:20
designed in the 1950s that Mr. Brown expressly argued
79:21
to the patent office was different from his own
79:22
design."
79:23
79:24
64
80:12 -80:15
Do you see that?
A. I do.
Reese, Brian 2016-04-13
00:00:11
00:33:29
00:01:15
Reese_B-041316-2o
M7.64
00:01:04
Reese_B-041316-2o
M7.65
00:00:37
Reese_B-041316-2o
M7.66
00:00:28
Reese_B-041316-2o
M7.67
00:00:21
Reese_B-041316-2o
M7.68
Reese_B-041316-2o
M7.69
80:12
80:13
information about Mr. Brown's arguments to the patent
80:15
80:18 -81:2
deposition, did you learn where Sears got the
80:14
65
Q. Based on your preparation for today's
office?
Reese, Brian 2016-04-13
00:00:27
80:18
A. I'm not sure where Sears as an
80:19
00:33:40
organization received it.
80:20
I do have awareness that attorneys
80:21
Q. Based on your preparation for today's
80:24
deposition, what did you learn about when Sears
81:1
learned about Mr. Brown's argument to the patent
81:2
81:5 -81:7
BY MR. SKIERMONT:
80:23
66
are able to access discovery on patent applications.
80:22
office that is referenced in Sears' statement?
Reese, Brian 2016-04-13
00:00:09
00:34:07
81:5
81:10 -81:12
learned nor do I know when any individual might have
81:7
67
A. I'm not sure I can answer when Sears
81:6
learned that.
Reese, Brian 2016-04-13
81:10
00:00:07
00:34:16
Based on your preparation for
81:11
81:12
68
81:15 -81:21
today's deposition, did you learn anything about the
creation of Exhibit 8?
Reese, Brian 2016-04-13
00:00:20
00:34:23
81:15
Q. Based on your preparation for today's
81:18
deposition, did you learn anything else about the
81:19
steps Sears took to ensure that the Max Axess Locking
81:20
Wrench did not infringe any LoggerHead patent other
81:21
82:4 -82:4
BY MR. SKIERMONT:
81:17
69
A. I -- I do not.
81:16
than what you've already testified to today?
Reese, Brian 2016-04-13
82:4
5/12/2017
8:22:25AM
00:34:41
00:00:03
A. Nothing further to add, no.
Play Time for this Script:
Printed:
00:00:03
00:34:44
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Total time for all Scripts in this report:
Printed:
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8:22:25AM
00:34:44
Page 15 of 15
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