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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Designation
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Source

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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

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the record?

5:14

3

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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.

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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

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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.

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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
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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

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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.

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00:00:22

00:03:29

27:23
27:24

of the '579 patent at any time prior to October 19,

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8:22:25AM

A. I believe so.

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5/12/2017

2011?

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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.

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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

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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
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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

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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

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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

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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.

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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

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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.

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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

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referring to earlier?

41:18

41:19 -41:23

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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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45:6

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?

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45:11

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45:21 -46:4

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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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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.

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51:16

00:00:20

00:19:09

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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

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00:08:48

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Reese_B-041316-2o

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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

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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

Reese_B-041316-2o

M7.58

Reese_B-041316-2o

M7.59

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

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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:

5/12/2017

8:22:25AM

00:34:44

Page 15 of 15