EXHIBIT 3

Case: 1:20-cv-04806 Document #: 609-3 Filed: 11/28/22 Page 1 of 106 PageID #:14609
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISON

ABC CORPORATION I et al, Plaintiff, 

 v. 

THE PARTNERSHIPS and

UNINCORPORATED ASSOCIATIONS

IDENTIFIED ON SCHEDULE “A”, Defendants.

Case No. 1:20-cv-04806

EXPERT DECLARATION OF LANCE RAKE

HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY

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TABLE OF CONTENTS

Page

INTRODUCTION .......................................................................................... 1

BACKGROUND AND QUALIFICATIONS ................................................ 1

DESIGN PRINCIPLES APPLIED................................................................. 6

THE HANGZHOU CHIC DESIGN PATENTS ............................................ 7

THE D808,857 DESIGN PATENT.............................................................. 10

LEGAL PRINCIPLES-THE ORDINARY OBSERVER ............... ............. 11

SUMMARY OF OPINIONS ........................................................................ 12

MARKMAN CLAIM CONSTRUCTION ................................................... 12

NON-INFRINGEMENT ANALYSIS OF THE PATENTS-IN-SUIT ........ 13

NON-INFRINGEMENT OF THE ’723 PATENT....................................... 15

NON-INFRINGEMENT OF THE ‘256 PATENT....................................... 19

NON-INFRINGEMENT OF THE ‘195 PATENT....................................... 22

NON-INFRINGEMENT OF THE ‘112 PATENT....................................... 25

CONCLUSION............................................................................................. 29

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INTRODUCTION

I, Lance Rake, have been retained by counsel as an expert witness to provide 

my opinion on the alleged infringement of Plaintiffs Hangzhou Chic Intelligent 

Technology Co. and Unicorn Global Inc.’s (collectively “Hangzhou”) U.S. Patents 

D737,723, D738,256, D784,195, and D785,112 (“the Patents-In-Suit”) by 

Defendant Gyroor-US. 

I have set forth my academic and professional qualifications and relevant 

experience in the Background and Qualifications section of this report, and have 

attached a copy of my curriculum vitae as Exhibit 1, which contains further details 

on my education, experience, publications, and other qualifications for rendering an 

expert opinion here. 

In forming the opinions, I express in this report, I considered materials 

provided by counsel, and the references discussed in this report. Further, I relied on 

my own knowledge, training, and over 45 years of experience in designing, 

developing, teaching, and consulting in the industrial design industry. I reserve the 

right to update and revise my opinions and conclusions, for example, should any 

additional data or information become available to me. 

I am compensated at my standard hourly rate of $300 per hour for the time I 

spend on this matter. My compensation is not related in any way to the outcome of 

this proceeding, and I have no other interest in this proceeding.

BACKGROUND AND QUALIFICATIONS

I am an industrial designer and a design researcher and educator. I have a 

Bachelor’s Degree in Industrial Design from the University of Kansas, received in 

1974, and a Master’s Degree in Product Design from North Carolina State 

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University, received in 1982. According to a 2004 brochure from the Industrial 

Designer’s Society of America (IDSA):

Industrial design is the profession that determines the form of a manufactured 

product, shaping it to fit the people who use it and the industrial processes that 

produce it.... Preparation for practicing Industrial Design requires a baccalaureate 

degree in that field. Industrial design links knowledge about technology and the 

visual arts with knowledge about people. In addition to a thorough understanding 

of the physical sciences, engineering principles, ergonomics, aesthetics, and 

industrial materials and processes, Industrial Designers should be well-grounded in 

the social sciences, such as psychology, sociology and anthropology, and the 

communication arts, such as photography, video, print and electronic media.

I have worked as an industrial designer continuously for 46 years since 

receiving my undergraduate degree in 1974. In 1980, I began my career as a fulltime faculty member at various universities. From 1980 to 1984, I was an Assistant 

Professor of Industrial Design at Auburn University. From 1985 to 1986, I was the 

Product Design Course Supervisor (Department Chair) at UNITEC Institute of 

Technology in Auckland, New Zealand. 

I then returned to the United States and began teaching at the University of 

Kansas in 1987 as an associate professor. I am presently a full professor with the 

University of Kansas, and my formal title is Professor of Design, School of 

Architecture & Design. Also while at the University of Kansas, I was the Founding 

and Acting Director of the Center for Design Research from 1991-2005. My 

responsibilities at the University of Kansas require me to direct 40% of my time to 

creative activity and research.

For 16 years, from 2000-2016, I served as a design consultant to Infusion 

Design. My creative activity there centered on collaborative design work in the 

transportation and consumer products industries. As a practicing professional, I 

have designed commercial and consumer products, transportation interiors, 

packaging, and exhibits for over 80 different clients. I have been retained to create 

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designs for manufactured products that contain metal components, including 

commercial electronics, consumer products, lawnmowers, and airplane and boat 

interiors.

As a design practitioner and educator, I have conducted and/or directed 

research into the study of markets from a product design perspective, as well as 

researching product usability. I have given presentations on design at several 

institutions around the world. Topics include ergonomics, design education, design 

practice, and contemporary issues in the practice of industrial design. 

I have 16 invited international presentations and lectures on various design 

topics. My work has been supported by over 25 internal and external grants. In the 

last five years over 30 design websites and blogs have profiled my work, and three 

recent books feature my design work. Professionally, I have worked on hundreds of 

designs for over 90 unique clients in the past 44 years. A list of my design-related 

research, publications, speaking engagements, and professional clients can be found 

in my attached curriculum vitae. 

My work has been featured in numerous articles and texts, including the text 

“Think Wrong,” relating to design innovation and processes. The book features a 

story about my design process, focusing on my philosophy of working with and 

manipulating physical materials early in the design process to develop prototypes 

early in the design process. 

I was the Founder & Acting Director of KU’s Center for Design Research, 

from 1994-2006. The CDR was created to focus our graduate program in order to 

realign research efforts in collaboration with regional and national industry partners. 

I was solely responsible for the effort, establishing an effective design team, securing 

funding and research projects from industry partners including Learjet, Bass Pro 

Shops, and Hewlett-Packard. 

Since 2010 I gave designed a number of skateboards, longboards, stand-up 

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paddleboards and bicycles as part of my research at the University of Kansas.

In my role as a professor, I have taught an Industrial Design Studio course 

nearly every semester since approximately 1980, which is a product-focused course. 

As part of the Industrial Design Studio, I have supervised groups of students 

developing a variety of different products. 

I have served as an expert witness since approximately the year 2000, and 

have been retained as an expert witness in approximately thirty cases, including 

cases involving design patents and/or trade dress claims. I received an IDSA 

Continuing Education Certificate entitled “How to Serve as an Expert Witness in 

Design Patent Litigation” in 2008. Many of the cases for which I have been retained 

have involved issues relating to alleged design patent infringement.

I am an inventor on 12 design and utility patent applications, including U.S. 

Patent No 7,900,781 for “Storage System,” U.S. Patent No. 5,490,676 for “Playing 

Cards with Gripping Surface,” U.S. Patent No. D600,928 for “Step Stool,” and U.S. 

Patent No. 6,820,286 for “Protective Mask.”

In Fall 2012, I was awarded a sabbatical to teach and conduct design research 

at the Industrial Design Centre at the Indian Institute of Technology-Bombay in 

Mumbai, India. I have been a facilitator and advisor to the Swedish Industrial 

Design Foundation’s Sommardesignkontoret. In 2009, I was one of only two 

American designers invited to participate in ICSID (International Congress of 

Societies of Industrial Design) Interdesign Citymove, Gellivare, Sweden. In 2016 I 

was a Visiting Professor in the Mechanical Engineering Department at Högskolan i 

Halmstad (Halmstad University) in Halmstad, Sweden.

In 2004, I was included in ID Magazine’s “Design 50.” The editors at ID chose 

to profile the work of 50 US designers in their January/February 2004 Issue - one 

from each state. I was honored as the designer chosen to represent Kansas. ID is the 

largest and most prestigious journal in the US for our profession.

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I am a 2015-16 Fulbright Senior Scholar.

I am also a 2019-2020 Global Fulbright Scholar.

I was one of “133 Distinguished Industrial Design Professionals and 

Professors” to sign the Amicus Brief supporting Apple in its case against Samsung 

before the Supreme Court. Other signatories included Dieter Rams, Norman Foster, 

Robert Brunner, Alexander Wang, Paula Scher, Jasper Morrison.

I have offered testimony or prepared expert opinions in at least 25 matters in 

the past five years. A complete listing of cases in which I have offered testimony or 

prepared expert opinions is attached as Exhibit 2 to this report.

Based on these and other experiences, I believe that I am qualified to give 

opinions as an industrial designer skilled in the art with respect to the designs at issue 

here. Due to my work with other industrial designers over the course of my career, I 

also believe I am qualified to give an opinion about what would be understood by 

one skilled in the art of ceiling fans like those at issue here.

I also believe that I am qualified to give opinions about how an ordinary 

observer or consumer would perceive the devices and designs in question. As a 

professional working in the areas of industrial design, I have 46 years of experience 

in industrial design. My job was to design mass-produced products to be attractive, 

useful, and profitable. My ability to understand the product attributes that define a 

successful visual impression with consumers is based on years of user research and 

iterative design of hundreds of products, and continuous collaboration with 

professionals in user experience, marketing, engineering, production, and service. I 

review design resources daily to spot and respond to trends in design, architecture, 

and technology. 

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DESIGN PRINCIPLES APPLIED

Some of the opinions in this report are based on a working understanding of 

Gestalt principles as they apply to design. As a design educator for 40 years, I can 

confidently say that that the principles of design as originally formulated and taught 

at the Staatliche Bauhaus and based on Gestalt psychology have served as the 

foundation of nearly every formal school of design education in the world. It is 

unlikely that any practicing industrial, graphic, or interior designer would be 

unfamiliar with Gestalt theory as it applies to design.

Gestalt refers to principles of visual perception developed by German 

psychologists in the 1920’s and still used to provide a foundation for design studies 

in universities all over the world. These principles describe how we perceive the 

world around us. Of all the principles, Figure-Ground is the most significant, 

explaining how the eye differentiates an object from its surroundings. The FigureGround principle tells us that in perceiving a visual field, some shapes or contours 

take a prominent role (figure) while others recede into the background (ground).

You can read this page because of the contrast between the black type and the 

white page. We can see different letterforms because we “read” the differences in 

contour or outline of the different characters. We tend to perceive some elements as 

the figure, with a particular shape and contour, while other elements appear as the 

ground, separate from and behind the main focus of the figure. This is usually 

referred to as Figure/ Ground relationship.

Gestalt principles provide background on how the ordinary observer will 

perceive shape and form. Designers regularly rely upon these principals so they 

know in advance how observers will respond to or perceive a design. Seminal texts 

include Joseph Albers’s Interaction of Color, Johannes Itten’s The Elements of 

Color, and Rudolf Arnheim’s Art and Visual Perception: A Psychology of the 

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Creative Eye. These books have been largely superseded by more contemporary 

texts, but the principles of Gestalt continue to provide the basis for most design 

foundation programs.

I specifically selected Gestalt Perception Theory as a scientific framework for 

determining whether or not the design of the Accused Products is equivalent to that 

of the Asserted Patents. Specifically, Gestalt principles are well-understood to be a 

primary scientific theory on which design education and much of modern perception 

science is based. Gestalt theory and related methods for measuring design 

equivalence is considered a primary research reference in the larger field of visual 

perception. Recent peer-reviewed articles support this view1

. 

I have also selected Gestalt Perception Science and related methods because 

Gestalt theory is widely taught at leading industrial design programs, fine art 

programs, and computer vision programs. In fact, I regularly instruct students on 

the use of Gestalt principles in many the industrial design classes that I teach at the 

University of Kansas. Gestalt perception science is the most widely taught general 

theory of shape perception as evidenced by its inclusion in many, if not all, leading 

academic texts. It is my understanding that much of the latest neuroscience related 

to visual perception verifies the basic structure and approach to Gestalt Perception 

Science.

THE HANGZHOU CHIC DESIGN PATENTS

The four Patents-In-Suit are the U.S. Patents D737,723 (“the ‘723 Patent”), 

D738,256 (“the ‘256 Patent”), D784,195 (“the ‘195 Patent”), and D785,112 (“the 

‘112 Patent”) for Self-Balancing Vehicles, and Human-Machine Interaction 

 1 Wagemans, J., Elder, J., Kubovy, M., Palmer, S., Peterson, M., Singh, M., & Heydt, R. (2012). A Center of Gestalt 

Psychology in Visual Perception: I. Perceptual Grouping and Figure-Ground Organization. Psychology Bulletin, 

138(6).

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Vehicles. Self-balancing vehicles are often referred to as “hoverboards”. 

The ‘723 Patent is titled “Self-Balancing Vehicle” and has a filing date of Dec 

15, 2014. It claims priority to a foreign application CN 201430180556.4 dated 

6/13/2014. A copy of the ’723 patent is attached hereto as Exhibit 3. Broken lines 

set forth the bounds of the claimed design and form no part thereof.

The ‘256 Patent is titled “Self Balancing Vehicle” and has a filing date of Dec 

15, 2014. A copy of the ’027 patent is attached hereto as Exhibit 4. Broken lines set 

forth the bounds of the claimed design and form no part thereof. The ’256 Patent is 

nearly identical to the ’723, the main difference being the shape of the graphic detail 

at the center.

the '723 Patent

the '256 Patent

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The ‘195 Patent is titled “Human-Machine Interaction Vehicle” and has a 

filing date of Feb 29, 2016. It claims priority to a foreign application 

201530389352.6 dated 10/9/2015. A copy of the ’195 patent is attached hereto as 

Exhibit 5. Broken lines set forth the bounds of the claimed design and form no part 

thereof.

The ‘112 Patent is also titled “Human-Machine Interaction Vehicle” and has 

a filing date of Feb 29, 2016. It claims priority to a foreign application CN 

201530481979.4 dated 11/26/2015. Broken lines set forth the bounds of the claimed 

design and form no part thereof. A copy of the ’112 patent is attached hereto as 

Exhibit 6.

the '195 Patent

Figure 1the '112 Patent

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THE D808,857 DESIGN PATENT

The D808,857 Patent (“the’857 Patent”) is titled “hoverboard” and has a filing 

date of Jan 30, 2018– a highlighted copy is attached here as Exhibit 7. Broken lines 

set forth the bounds of the claimed design and form no part thereof.

The Accused Product is based on the ’857 Patent, which Defendant is 

authorized to use.

the '857 Patent

the Accused Product

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LEGAL PRINCIPLES-DESIGN PATENTS

I have also been informed that the test for determining infringement in design 

patent cases is the “ordinary observer” test. 

The test requires a determination to be made as to whether, in the eye of an 

ordinary observer, giving such attention as a purchaser usually gives and familiar 

with the prior art, two designs are substantially the same in their overall appearance. 

If the resemblance deceives the observer, inducing him or her to purchase one 

supposing it to be the other, the designs are substantially the same. 

THE ORDINARY OBSERVER

In this case, it is my opinion that an ordinary observer would be a customer 

purchasing products I am referring to as “hoverboards”. This purchaser will tend to 

be quite savvy and well-informed. Purchases are often made online. I have 

experience designing bicycles and skateboards sold online, and found that people

typically “do their homework” when buying products such as skateboards and, I 

believe, hoverboards. Hoverboards range in price from $100 to $250 and up, so 

customers research different brands and models online, and often read reviews 

before making a purchase. In my opinion, the ordinary observer will be a wellinformed consumer who is aware of the overall market and the similarities and 

differences of most of the major brands and models.

The most prominent features impacting the overall visual impression to the 

ordinary observer are the design of the two foot pads, the design of the wheels, visual 

details on the “neck between the footpads, and the shape of the fenders that cover 

the wheels, since the user most commonly sees a hoverboard from a position 

standing over the board.

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SUMMARY OF OPINIONS

I have evaluated the overall visual appearance of the Patents-in-Suit and the 

design of the Accused Product from the perspective of an ordinary observer 

familiar with the relevant prior art.

It is plainly evident to me that the design of the Accused Product is based on 

the ’857 Patent, which the Defendant is authorized to use, and not based on the 

prior art or the design claims of the Patents-in-Suit.

In my opinion, the visual differences between the claimed designs of the 

Patents-in-Suit and the design of the Accused Product would be obvious to the 

ordinary observer.

MARKMAN CLAIM CONSTRUCTION

In my experience, verbal descriptions of a design are invariably too broad in 

some respects or too narrow in other respects to fully capture an overall claimed 

design. It is my understanding the law recognizes this too. I have been told that the 

Egyptian Goddess case recognizes, (a) “design patents ‘typically are claimed as 

shown in the drawings’”; (b) the trial court is not required to “attempt to provide a 

detailed verbal description of the claimed design”; (c) “a design is better represented 

by an illustration ‘than it could be by any description and a description would 

probably not be intelligible without the illustration’"; (d) but that verbal 

interpretation may be helpful “the claimed design as they relate to the [JM] accused 

design and the prior art”, “the role of broken lines”, “representations...made in the 

course of prosecution history”, and identifying any “purely functional” features. 

While words are capable of generally listing individual features, they are simply 

incapable of communicating the “overall look” of a design patent claim, especially 

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where color is an element of the claim. If a list of elements or features is devised, 

how can we determine a visual or perceptive hierarchy? Depending on the individual 

observer, seeking to devise or deploy such a list, the eye may very well focus on and 

amplify certain aspects of the design and ignore or diminish others as the eye moves 

back and forth between the list and the illustration. There is a reason we use 

photographs on our driver licenses and passports instead of a verbal description.

NON-INFRINGEMENT ANALYSIS OF THE PATENTS-IN-SUIT

I understand that the ordinary observer, when comparing the design of the 

Accused Product and the Patent-in-Suit, must do so with knowledge of the relevant 

prior art. Where the differences between the claimed and accused design are viewed 

in light of the prior art, the attention of the ordinary observer will be drawn to those 

aspects of the claimed design that differ from the prior art. As explained below, it 

is my opinion that the ordinary observer, familiar with the prior art, would find the 

Accused Products’ overall appearance to be substantially different with respect to 

the design claims of the Patents-in-Suit because the overall Gestalt of the Accused 

Product differs in key areas from the body of prior art and the claims of the Patentsin-Suit. 

To be sure, there are important visual features found in virtually all products 

in this category- most products use similar technologies and functional constraints 

of kinematics, ergonomics, performance and environmental considerations. For 

instance, most hoverboards have two wheels (one on either end) that are 6.5”-10” in 

diameter and spaced about 30” apart. There are two platforms to stand on, with a 

narrow pivot in-between, which makes it easier to turn without interference with feet 

or with the ground. 

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The Gestalt principles of visual perception teaches us that the eye is attracted 

to areas of high contrast. The figure below illustrates some of the Gestalt principles

designers regularly incorporate in their work, and I have relied on in this analysis.

Of all the principles, Figure-Ground is perhaps the most significant, 

explaining how the eye differentiates an object from its surroundings. The FigureGround principle tells us that in perceiving a visual field, some shapes or contours 

take a prominent role (figure) while others recede into the background (ground).

An example of Figure-Ground can be seen when we view the front perspective 

view of the ’723 patent. Our eye is drawn to the footpad areas because the amount 

of detail and the line density makes it the darkest area of the image. The detail and 

density of this area contrasts with the plain surrounding body surfaces creating a 

strong Figure-Ground gestalt.

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NON-INFRINGEMENT OF THE ’723 PATENT

I have been informed that the test for infringement requires a side-by-side 

comparison of the claims of the patent as represented in the figures (usually drawings 

or photographs) with the Accused Devise (often in photographs). I believe that 

including corresponding figures from the uncontested ’857 patent more clearly 

shows the differences/similarities in the designs. Using well-established Gestalt 

principles, I then compared the differences/similarities between the ’723 Patent and 

the Accused Product through the eyes of “the hypothetical ordinary observer who is 

conversant with the prior art,” as discussed in Egyptian Goddess. 

Through this process, I determined that the overall Gestalt of the Accused 

Product fan is more similar to the design of the ’857 Patent that that of the ‘723 

Patent. The design of the Accused Products differs significantly the design of the 

’723 Patent in several key areas.

There are several key design difference between the design claim of the ’723 

Patent and the Accused Product that would be immediately recognized by the 

ordinary observer. From the Top and Front views, the differences in the shape and 

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design of the footpads is clear. Also, an ordinary observer familiar with the prior art 

and other products in the marketplace would recognize that the ’723 claim has 

prominent design element in the middle and the Accused Product is clean, without 

any such design element.

The front view we can see dramatic and obvious difference in the size, shape, 

and character of the lights. In my opinion, this difference would not be unnoticed by 

the ordinary observer.

Although I consider the Top and Front views to be the most important in my 

analysis, simply because these are the views most seen and understood by and 

ordinary observer when comparing the products at the point of sale (online or in 

brick-and-mortar retail environments), the bottom and back views also play a role in 

an ordinary observer’s understanding the overall visual appearance of the designs.

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A bottom view reveals substantial design differences. There is a prominent 

central design detail at the center, two strong styling recess areas under the feet, and 

vent hole patterns that are readily noticed because of the Figure-Ground gestalt, as 

well as Closure, Similarity, and Proximity.

Another important design feature that has a significant effect on the overall 

visual impression of the ordinary observer is the size and shape of the fenders. Here

we can see a comparison of the fender design claimed in the ’723 Patent and the 

fender design of the Accused Product. Even to the most casual observer, the 

differences are significant and glaring.

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The overall shape of the ‘723 Patent claim is, as I explained earlier, largely 

based on functionality. The dimensions correspond to the dimensions of a human 

foot, the distance between footpads corresponds to approximate “shoulder width” 

dimensions of the user, the narrowing at the center facilitates the needed twisting 

motion without interference with the user or the ground. Prior art listed on the face 

of the patent includes articulating skateboard designs with the narrowing center and 

broadening under the feet, as shown on the US 8,469,376 patent below.

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NON-INFRINGEMENT OF THE ‘256 PATENT

There are several key design difference between the design claim of the ’256 

Patent and the Accused Product that would be immediately recognized by the 

ordinary observer. From the Top and Front views, the differences in the shape and 

design of the footpads is clear. Also, an ordinary observer familiar with the prior art 

and other products in the marketplace would recognize that the ’256 claim has 

prominent design element in the middle and the Accused Product is clean, without 

any such design element.

The front view we can see dramatic and obvious difference in the size, shape, 

and character of the lights. In my opinion, this difference would not be unnoticed by 

the ordinary observer.

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Although I consider the Top and Front views to be the most important in my 

analysis, simply because these are the views most seen and understood by and 

ordinary observer when comparing the products at the point of sale (online or in 

brick-and-mortar retail environments), the bottom and back views also play a role in 

an ordinary observer’s understanding the overall visual appearance of the designs.

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The bottom view reveals substantial design differences. There is a prominent 

central design detail at the center, two strong styling recess areas under the feet, and 

vent hole patterns that are readily noticed because of the Figure-Ground gestalt, as 

well as Closure, Similarity, and Proximity.

Another important design feature that has a significant effect on the overall 

visual impression of the ordinary observer is the size and shape of the fenders. Here 

we can see a comparison of the fender design claimed in the ’256 Patent and the 

fender design of the Accused Product. Even to the most casual observer, the 

differences are significant and glaring.

The overall shape of the ‘256 Patent claim is, as I explained earlier, largely 

based on functionality. The dimensions correspond to the dimensions of a human 

foot, the distance between footpads corresponds to approximate “shoulder width” 

dimensions of the user, the narrowing at the center facilitates the needed twisting 

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motion without interference with the user or the ground. Prior art listed on the face 

of the patent includes articulating skateboard designs with the narrowing center and 

broadening under the feet, as shown on the US 8,469,376 patent below.

NON-INFRINGEMENT OF THE ‘195 PATENT

There are several key design difference between the design claim of the ’195

Patent and the Accused Product that would be immediately recognized by the 

ordinary observer. From the Top and Front views, the differences in the shape and 

design of the footpads is clear. Also, an ordinary observer familiar with the prior art 

and other products in the marketplace would recognize that the ’195 claim has 

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prominent design element in the middle and the Accused Product is clean, without 

any such design element.

The front view we can see dramatic and obvious difference in the size, shape, 

and character of the lights. In my opinion, this difference would not be unnoticed by 

the ordinary observer. The headlight design (which is mirrored on the back as well) 

as depicted in the ’112 Patent is a very prominent design feature substantially 

different from the light design of the Accused Product.

Although I consider the Top and Front views to be the most important in my 

analysis, simply because these are the views most seen and understood by and 

ordinary observer when comparing the products at the point of sale (online or in 

brick-and-mortar retail environments), the bottom and back views also play a role in 

an ordinary observer’s understanding the overall visual appearance of the designs.

The bottom view reveals substantial design differences. There is a prominent 

central design detail at the center, two strong styling recess areas under the feet, and 

vent hole patterns that are readily noticed because of the Figure-Ground gestalt, as 

well as Closure, Similarity, and Proximity.

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Another important design feature that has a significant effect on the overall 

visual impression of the ordinary observer is the size and shape of the fenders. Here 

we can see a comparison of the fender design claimed in the ’195 Patent and the 

fender design of the Accused Product. Even to the most casual observer, the 

differences are significant and glaring.

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The overall shape of the ‘195 Patent claim is, as I explained earlier, largely 

based on functionality. The dimensions correspond to the dimensions of a human 

foot, the distance between footpads corresponds to approximate “shoulder width” 

dimensions of the user, the narrowing at the center facilitates the needed twisting 

motion without interference with the user or the ground. Prior art listed on the face 

of the patent includes the ’723 and ’256 patents which are substantially the same, as 

well as US D 739,906 and US 9,376,155.

NON-INFRINGEMENT OF THE ‘112 PATENT

There are several key design difference between the design claim of the ’112

Patent and the Accused Product that would be immediately recognized by the 

ordinary observer. From the Top and Front views, the differences in the shape and 

design of the footpads is clear. Also, an ordinary observer familiar with the prior art 

and other products in the marketplace would recognize that the ’112 claim has 

prominent design element in the middle and the Accused Product is clean, without 

any such design element.

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The front view we can see dramatic and obvious difference in the size, shape, 

and character of the lights. In my opinion, this difference would not be unnoticed by 

the ordinary observer. The headlight design (which is mirrored on the back as well) 

as depicted in the ’112 Patent is a very prominent design feature and in no way would 

ever be confused with the light design of the Accused Product.

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Although I consider the Top and Front views to be the most important in my 

analysis, simply because these are the views most seen and understood by and 

ordinary observer when comparing the products at the point of sale (online or in 

brick-and-mortar retail environments), the bottom and back views also play a role in 

an ordinary observer’s understanding the overall visual appearance of the designs.

The bottom view reveals substantial design differences. There is a prominent 

central design detail at the center, two strong styling recess areas under the feet, and 

vent hole patterns that are readily noticed because of the Figure-Ground gestalt, as 

well as Closure, Similarity, and Proximity.

Another important design feature that has a significant effect on the overall 

visual impression of the ordinary observer is the size and shape of the fenders. Here 

we can see a comparison of the fender design claimed in the ’112 Patent and the 

fender design of the Accused Product. Even to the most casual observer, the 

differences are significant and glaring.

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The overall shape of the ‘112 Patent claim is, as I explained earlier, largely 

based on functionality. The dimensions correspond to the dimensions of a human 

foot, the distance between footpads corresponds to approximate “shoulder width” 

dimensions of the user, the narrowing at the center facilitates the needed twisting 

motion without interference with the user or the ground. Prior art listed on the face 

of the patent includes the ’723 and ’256 patents which are substantially the same, as 

well as US D 739,906 and US 9,376,155.

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CONCLUSION

Based upon my experience as a designer and design educator, my application 

of the Gestalt Principles of Visual Perception, my understanding of the legal 

principles, my analysis of the Patents-in-Suit and the relevant prior art, my review 

of the ’857 Patent, and my review of photographs of the Accused Product, it is my 

opinion that an ordinary observer familiar with the prior art would not find the 

Accused Products to be substantially similar to the claimed designs of the Patentsin Suit.

In my opinion, the visual differences between the claimed design of the ’723 

Patent and the design of the Accused Product would be obvious to the ordinary 

observer. Each element of the ornamental feature, viewed together, only enhances 

the dissimilarity between the Accused Product and the ’723 Patent. The substantially 

dissimilar foot pads, lighting design, the design of the undercarriage and the 

dramatically different fender design creates a substantially different overall visual 

impression to the ordinary observer.

In my opinion, the visual differences between the claimed design of the ’256 

Patent and the design of the Accused Product would be obvious to the ordinary 

observer. Each element of the ornamental feature, viewed together, only enhances 

the dissimilarity between the Accused Product and the ’256 Patent. The substantially 

dissimilar foot pads, lighting design, the design of the undercarriage and the 

dramatically different fender design creates a substantially different overall visual 

impression to the ordinary observer.

In my opinion, the visual differences between the claimed design of the ’195 

Patent and the design of the Accused Product would be obvious to the ordinary 

observer. Each element of the ornamental feature, viewed together, only enhances 

the dissimilarity between the Accused Product and the ’195 Patent. The substantially 

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30

dissimilar foot pad shape and placement, lighting design, the design of the 

undercarriage and the dramatically different fender design creates a substantially 

different overall visual impression to the ordinary observer. 

In my opinion, the visual differences between the claimed design of the ’112 

Patent and the design of the Accused Product would be obvious to the ordinary 

observer. Each element of the ornamental feature, viewed together, only enhances 

the dissimilarity between the Accused Product and the ’112 Patent. The substantially 

dissimilar foot pad shape and placement, lighting design, the design of the 

undercarriage and the dramatically different fender design creates a substantially 

different overall visual impression to the ordinary observer. 

I declare under penalty of perjury that the foregoing id true and correct.

Dated: 21 August 2021 

 Lance Rake

 Lawrence, Kansas

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EXHIBIT 1

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LANCE RAKE PROFESSOR DESIGN LGRAKE@KU.EDU

785 424 3117 LANCERAKE.COM

BIOGRAPHY

For nearly 50 years, I have been learning, practicing, and teaching industrial design, often at the

same time. Honored as a Fulbright Senior Scholar in 2015 and again in 2018, I am currently

Professor of Industrial Design at the University of Kansas. I have also taught full-time at Auburn

University and Carrington Technical Institute in Auckland, New Zealand. Additionally, I have

taught short courses at Konstfackskolan in Stockholm and been a visiting professor at Staffordshire

University in Stoke-on-Trent, England, Halmstad University in Sweden, the Royal Melbourne

Institute of Technology in Australia, Kathmandu University in Nepal, and the Indian Institute of

Technology-Bombay in Mumbai, India. My design research has been supported by private and

public grants, and findings presented at national and international design conferences and

institutions. For several years I have been using my experience as both teacher and practitioner of

design to serve as an expert witness in design patent infringement and product liability cases. I was

a signatory to the “133 Distinguished Industrial Design Professionals and Professors” Amicus Brief

supporting Apple in its case against Samsung before the Supreme Court.

Working alone or in collaboration with other professionals, I have designed numerous commercial

products, consumer products, aircraft and boat interiors, graphics, packaging, and exhibits. I was

chosen by the editors at ID Magazine chose as one of the “Design 50”.

Recently, my research efforts have been focused toward using design to create sustainable craftbased enterprises in rural communities in the US, Africa, Nepal, and India.

EDUCATION

1982 Master of Product Design (renamed Master of Industrial Design), 1982

North Carolina State University, Raleigh, NC

1974 B.F.A. Industrial Design, 1974

University of Kansas, Lawrence, KS

LICENSURES, CERTIFICATIONS, AND PROFESSIONAL TRAINING

ICSID (International Congress of Societies of Industrial Design) City Move Interdesign workshop,

Malmberget, Sweden. One of 40 designers, planners, artists, doctors and students invited to

conceive of a new town and to develop a process for relocating cities that could be scaled and

exported. 2009

IDSA Continuing Education Certificate, “How to Serve as an Expert Witness in Design Patent

Litigation” Taught by Perry J. Saidman and Cooper C. Woodring, 2008

ACADEMIC APPOINTMENTS

University of Kansas, Lawrence, KS

Professor of Design, School of Architecture & Design, 2005 - Present

Associate Professor, School of Fine Arts, 1991 - 2005

Assistant Professor, School of Fine Arts, 1987 – 1990

The Royal Melbourne Institute of Technology, Melbourne, Australia

Visiting Professor, Industrial Design, 2019 – Present

Kathmandu University, Kathmandu, Nepal

Visiting Professor, Mechanical Engineering Department, 2019 – Present

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The Indian Institute of Technology-Bombay, Mumbai, India

Honorary Visiting Professor, Bamboo Studio, Industrial Design Center, 2016 – Present

Högskolan i Halmstad (Halmstad University)- Halmstad, Sweden

Visiting Professor, Industrial Design, 2016 - Present

The Indian Institute of Technology-Bombay, Mumbai, India

Visiting Professor, Bamboo Studio, Industrial Design Center, 2012

Carrington Technical Institute (subsequently renamed UNITEC Institute of Technology),

Auckland, New Zealand

Tutor & Course Supervisor, Product Design, 1985 – 1986

Auburn University, Auburn, AL

Assistant Professor, Industrial Design, 1980 - 1984

ADMINISTRATIVE ASSIGNMENTS

Founder & Acting Director, Center for Design Research, Department of Design, 1994-2005

Created the CDR to focus our graduate program to realign research efforts in collaboration with

regional and national industry partners. I was solely responsible for the effort, establishing an

effective design team, securing funding and research projects from industry partners including

Learjet and H-P.

Associate Chairperson, Department of Design, 1990-1991

Challenged to improve the Design Department’s interaction with industry and to initiate

cooperatives, collaboratives, and professional relationships.

UNITEC Institute of Technology, Auckland, New Zealand

Course Supervisor, Design, 1985 – 1986

Essentially the chairperson of Product Design, I was responsible for rewriting the curriculum and

reorganizing the area. Our graduating students were remarkably successful- starting their own

offices in New Zealand, but also working in major studios in the US, UK and Europe.

PROFESSIONAL EXPERIENCE

Infusion Design, Bonner Springs, KS

Consultant, 2000 - 2016

The New Deal Playing Card Company, Leawood, KS

Vice President Strategic Product Development, 1995 - 2005

Leon Paul, Ltd, London, England

Design Consultant (sabbatical leave), 2001

Hans Skillius Design, Halmstad, Sweden

Design Consultant (sabbatical leave), 1993

Interface Design Group, Milwaukee, WI

Manager, Industrial Design, 1979 - 1980

Stan Johnson Design, Milwaukee, WI

Design Director, 1978 - 1979

Anacomp (div Bell & Howell Co.), Hartford, WI

Manager, Design Services, 1975 - 1978

Prism, Inc., Racine, WI

Industrial Designer, 1974 – 1975

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PUBLICATIONS- BOOKS

Bielenberg, J., Burn, M., & Galle, G. (n.d.). In E. E. Dickinson, Think Wrong. 127, 193-200.

ISBN: 9780692693322, 2016

This is a book about design innovation, and shares a story about my design process, and how I

developed one of my product design ideas.

E. Zijlstra (Ed.), Booming Bamboo. Materia (Netherlands).

Images of my design "Woven Bamboo Bicycle" appear in this compilation of contemporary

bamboo design.

Schütz, F. (in press). Innovative Bambus Materialien. arundoobiomaterials.

Images of my design "Woven Bamboo Bicycle" appear in this compilation of contemporary design

featuring bamboo use in composites.

PUBLICATIONS- CONFERENCE PROCEEDINGS

Rosen, B. G., Bergman, M., Skillius, H., Eriksson, L., & Rake, L. (2010). On Linking Customer

Requirements to Surfaces. In Proceedings of the 13th International Conference on Metrology and

Properties of Engineering Surfaces, National Physical Laboratory, London, UK.

Rake, L. (1990). Industrial Design: Learning to Live Without Modernism. In Proceedings of the

Industrial Designers of America Conference on Design Education, Pasadena, California.

Rake, L. (1989). Design is the Problem. In Proceedings of the School of Visual Arts’ third annual

National Conference on Liberal Arts and the Education of Artists, New York.

Rake, L. (1989). Taking Another Look at Design Education. In Proceedings of the Industrial

Designers of America Conference on Design Education, Minneapolis.

PUBLICATIONS- MULTIMEDIA

Rake, L. G. (1984). Sketching Techniques for Industrial Designers. Auburn University: Learning

Resource Center.

PUBLICATIONS REFERENCING MY RESEARCH/CREATIVE WORK

MAGAZINES & VIDEO

Dickinson, Elizabeth E. "The Pit That Swallowed a City" Architect. (October 2010)

Article written about the ICSID 2009 Interdesign workshop held in Malmberget, Sweden. I was

quoted several times about the role designers play when we consider how to move populations as

the result of natural or ecological events.

Saenz, Yvonne. "Beacon Alley Boards" Vimeo. video. (2014)

Reference to my design work in collaboration with HERObike, Greensboro, AL, from 2011 -

present

Selden, Ben. "Semester Bike" Vimeo. video. (2013)

Reference to my bicycle design work, and my efforts to leverage design to create social impact in

rural Alabama, HERObike, Greensboro, AL, from 2011 – present

WEBSITES/BLOGS

Walia, Nona “Bamboo-zled!” timesofindia (March 15, 2020)

Meisenzahl, Mary “This electric bike was designed in Nepal using local Bamboo to transport

tourists and packages- here’s how it works” Businessinsider, (June 22, 2020)

Redaksi “Becak ‘Lucu’ Kathmandu dari Bambu , majalahcsr (21 Februari, 2020)

Sexty, Jack “Introducing the Habre Eco Bike: a Nepalese e-cargo machine built from bamboo to

beat the climate crisis”, ebiketips (February 23, 2020)

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Jewell, Nicole “Bamboo electric bike is designed for Kathmandu locals and tourists”, inhabitat

(February 19, 2020)

Myers, Lynne “habre eco bike is made from local bamboo and is designed to ease pollution in

kathmandu”, designboom (February 12, 2020)

Hernandez, Daisy “This Designer Repurposed Wine Barrels to Create a One-of-a-Kind Ride”,

Bicycling (March 21, 2019).

Coxworth, Ben, The Classy Cooper Bicycle is made from Old Wine Barrels” New Atlas (March

18, 2019).

Pomranz, Mike. “This Designer Turned a Wine Barrel into a Bicycle”, Food and Wine (March 22,

2019.

King, Tierney, “Designing Bikes from Old Wine Barrels”. ECN (March 20, 2019.

"The HEROs of Greensboro, Alabama: How One Nonprofit Is Changing Bike Design and

Community Development" Design Good Design Good (http://designgood.com/bike-design/).

internet. (2017)

Reference to my work research developing designs of bicycles, skateboards, and paddleboards

made from bamboo or bamboo composites, in collaboration with HERO, a not-for-profit located in

rural Greensboro, AL.

Bauman, Kat. "Can Braided Bamboo Shift Bike Frame Design?" CORE77 Website CORE 77.

internet. (May 30, 2017)

Reference to my work research developing advanced designs of bicycles using woven bamboo

composite tubes. Describes the continued development of a craft-based enterprise, HERObike-a

result of a collaboration with HERO, a not-for-profit located in rural Greensboro, AL.

"A BAMBOO ROAD BIKE BORN FROM THE COLLABORATION BETWEEN LANCE

RAKE AND HEROBIKE" design diffusion designdiffusion.com. internet. (May 4, 2017)

Reference to my work research developing advanced designs of bicycles using woven bamboo

composite tubes. Describes the continued development of a craft-based enterprise, HERObike-a

result of a collaboration with HERO, a not-for-profit located in rural Greensboro, AL.

Harper, Brad. "Bamboo Bikes Spur Economic Development in a Struggling Alabama County"

momentummag.com Momentum. internet. (May 2, 2017)

Reference to my work research developing designs of bicycles, skateboards, and paddleboards

made from bamboo or bamboo composites, in collaboration with HERO, a not-for-profit located in

rural Greensboro, AL.

"lance rake's HERObike is fitted with woven bamboo tubes" In L. Zeitoun (Ed.) designboom

designboom. internet. (May 2, 2017)

Reference to my work research developing advanced designs of bicycles using woven bamboo

composite tubes. Describes the continued development of a craft-based enterprise, HERObike-a

result of a collaboration with HERO, a not-for-profit located in rural Greensboro, AL.

Underwood, Allison. "Heroes of the Blackbelt" Good Grit...The Character of the South Good Grit

(goodgritmag.com). internet. (December 1, 2016)

Reference to my work research developing designs of bicycles, skateboards, and paddleboards

made from bamboo or bamboo composites.

Turner, Troy. "A BOOST OF BAMBOO" Yanko Design Yanko Design. Internet. (May 2015)

This article describes the development of a woven bamboo/composite e-bike.

Boram, Brian. "Wanted for Hire: Bamboo Bicycle Builders in Hale County, Alabama" Arcade

Arcade (arcadenw.org). internet. (Fall 2014)

Market success of the Semester bike and Beacon Alley Skateboard created demand for skilled

craftspeople in the region.

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"A Skateboard To Bring Back Local Manufacturing In The South Is Made From . . . Bamboo?"

fastcoexist.com (Fast Company). internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"A Skateboard To Bring Back Local Manufacturing In The South Is Made From . . . Bamboo?"

fastcoexist.com (Fast Company). internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Art Pics: Bamboo Skateboards" Fad: Cool Art & Stuff. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Beacon Alley Skateboard: eco-friendly bamboo skateboard by makelab and HERObike"

wowozine (Wow Trend Magazine). internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 – 2014

"Beacon Alley Skateboards" CORE 77. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 – 2014

"Beacon Alley Skateboards" Fancy. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Beacon Alley Skateboards" theawesomer.com. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Beacon Alley Skateboards Kickstarting in Alabama" Impact Design Hub. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 – 2014

"Beacon Alley Skateboards' Woven Bamboo Deck" geekalabama.com. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Beacon Alley Skateboards' Woven Bamboo Deck" Original Paperbacks. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Makelab & HERObike – Beacon Alley Skateboards" hellocoton.fr. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Makelab & HERObike – Beacon Alley Skateboards" Whitezine.com. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"makelab + HERObike weave durable bamboo composite skateboards" designboom.com. internet.

(2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 – 2014

Oldmixon, Rachelle. Aljazeera America. "A fixie made out of oversized grass" TECHKNOW blog.

(January/February 2014).

Television segment that featured the Semester bicycle and the process of making bamboo bikes in

rural Alabama.

"Woven Bamboo Composite Skateboards" compositestoday.com. internet. (2014)

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Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

"Woven Bamboo Skateboard Muscle" Common Marketplace. internet. (2014)

Reference to my work as a result of designing Beacon Alley Skateboard HERObike, Greensboro,

AL, from 2013 - 2014

Estes, Cary. "Elegantly Designed Bicycle Business" Business Alabama. internet. (September 2014)

Reference to the Semester Bike design and the development of a craft-based enterprise, HERObikea result of consulting with HERO, a not-for-profit located in rural Greensboro, AL.

"A Bamboo Bike Designed to Lift People from Poverty" Wired.com. internet. (2013)

Reference to the Semester Bike design and the development of HERObike-a result of consulting

with HERO, a not-for-profit located in rural Greensboro, AL. Details the positive social change that

can come from using design thinking to leverage local skills and resources.

"Semester Bicycles- Hextube bamboo composite frames made in the rural South" In J. Thomas

(Ed.) Bicycle Design.net. internet. (2013)

Reference to the Semester Bike design and the development of HERObike-a result of consulting

with HERO, a not-for-profit located in rural Greensboro, AL.

"Semester Bike designed to create jobs in Alabama" Fast Company. internet. (2013)

Reference to the Semester Bike design and the development of HERObike-a result of consulting

with HERO, a not-for-profit located in rural Greensboro, AL.

"The Semester Bicycle represents a new take on sustainable design, while supporting the local

community of Greensboro in Alabama, USA." Design Indaba. internet. (2013)

Reference to the Semester Bike design and the development of HERObike-a result of consulting

with HERO, a not-for-profit located in rural Greensboro, AL.

"The Semester Bicycle: An Environmentally and Socially Responsible Bike" ambikamelville.com.

internet. (2013)

Reference to the Semester Bike design and the development of a craft-based enterprise, HERObikea result of consulting with HERO, a not-for-profit located in rural Greensboro, AL.

"Semester Bike built to drive positive change". Design Boom. (August 2013)

Reference to the Semester Bike design and the development of HERObike-a result of consulting

with HERO, a not-for-profit located in rural Greensboro, AL.

"Semester Bike Project" CORE 77. (2013).

Reference to the Semester Bike design and the development of HERObike-a result of consulting

with HERO, a not-for-profit located in rural Greensboro, AL.

INVITED PRESENTATIONS/LECTURES- INTERNATIONAL

Rake, L. (2019, 23 August). Designs in Tall Grass. Presentation for Design Students at RMIT,

Melbourne, Australia.

Rake, L. (2016). Designing in Bamboo. Presentation at Halmstad University, Halmstad, Sweden.

Rake, L. (2016, 24 April). Design Hacks. Presentation before faculty and student body for The

Department of Architecture and Urban Planning, Institute of Engineering, Tribhuvan University,

Pulchowk Campus, Kathmandu, Nepal.

Rake, L. (2016). 7 Words You Should Never Use in Design School. Presentation before faculty and

undergraduate student body at The Industrial Design Center, Indian Institute of Technology,

Mumbai, India.

Rake, L. (2015, July 10). Symbiotic Relationship Between Design & Engineering. Med By SCE -

Shamoon College of Engineering, Department of Mechanical Engineering, Beer-Sheva, Israel.

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Rake, L. (2015, December 15). Learning to Make, Making to Learn. Konstfacksolan, Stockholm,

Sweden.

Rake, L. (2012, October). Think Wrong. Presentation before faculty and graduate student body at

The Industrial Design Center, Indian Institute of Technology, Mumbai, India.

Rake, L. (2012, September). Why Design Matters. Presentation before faculty and graduate student

body at Orchid International School, Nashik, India.

Rake, L. (2012, April). What Little I Have Learned. Presentation, before faculty and design student

body at Nelson Mandella Metropolitan University, Port Elizabeth, South Africa.

Rake, L. (2008). Unapologetically American. Presentation, SVID Designdagen conference at

Halmstad University, Halmstad, Sweden.

Rake, L. (2007). Industrial Design, Learning to Live Without Modernism. Paper, for

IndustrialDesign and Innovation Engineering graduate students and faculty at Halmstad University,

Halmstad, Sweden.

Rake, L. (2007). My Life Aboard the Titanic. Presentation, Konstfackskolan, the national art &

design school, Stockholm, Sweden.

Attended by Industrial Design faculty, undergraduate, and graduate students.

Rake, L. (2007). Towards Reality in Industrial Design. Presentation, Institute for Design, Umeå

University, Umeå, Sweden.

Attended by faculty and graduate students Industrial, Transportation, and Interaction Design.

Rake, L. (2005). The Future of Graduate Design Education. Presentation for “Designdagen”-

Swedish Design Day, SVID, Swedish Society of Industrial Design, Halmstad, Sweden.

2005 has been designated as “Design Year”.

Rake, L. (2004). Industrial Design Education and Practice in a Multidisciplinary and International

Context. Presentation for administrators, faculty, and students, Halmstad University, Halmstad,

Sweden.

Rake, L. (1986). Panelist, National Art and Design Education Symposium, Auckland, New

Zealand.

Rake, L. (1985). Experiential Learning in Industrial Design Education. Presentation, New Zealand

Society of Industrial Designers regional meeting, Auckland, New Zealand.

INVITED PRESENTATIONS/LECTURES- NATIONAL

Rake, L. G., Durkin, T.-G. G., & Gajewski, D. A. (2015, December 8). Navigating Functionality in

Design Patent Prosecution and Litigation. Strafford Publishing webinar.

Rake, L. (2003). Ergonomics: A Commonsense Approach for Industrial Designers. Presentation,

9th Annual National Ergonomics Conference and Exposition, Las Vegas.

Rake, L. (1994). The Beauty of Chaos; the Chaos of Beauty. Presentation, Symposium Design

Thinking- Expressive Solutions, Helsinki, Finland.

Rake, L. (1991). Toward Reality in Industrial Design. Presentation, Product Semantics and Visual

Semiotics in Design Conference, Helsinki, Finland.

Rake, L. (1990). Industrial Design: Learning to Live Without Modernism. Presentation, Industrial

Designers of America Conference on Design Education, Pasadena, CA.

Published in the proceedings.

Rake, L. (1989). Design is the Problem. Presentation, School of Visual Arts’ third annual National

Conference on Liberal Arts and the Education of Artists, New York.

Published in the proceedings.

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Rake, L. (1989). Taking Another Look at Design Education. Presentation, Industrial Designers of

America Conference on Design Education, Minneapolis.

Published in the proceedings.

GRANTS/AWARDS- EXTERNAL

Rake, L. Fulbright Global Scholar Award, Fulbright Senior Scholar Program. My research project,

“Reimagining the Future of Mobility with a Sustainable Bamboo Bicycle”, is a project that began

with a research and design phase in Melbourne, Australia and moves to a prototype and testing

phase in Kathmandu, Nepal. I am designing a bamboo cargo bike to improve the congestion and

pollution in urban Kathmandu and hopefully leads to new employment opportunities for rural

craftspeople in Nepal. (July 2019 – January, 2020)

Rake, L. Fulbright-Nehru Academic and Professional Excellence Award, Fulbright Senior Scholar

Program. My research project, “Using Design Thinking to Create Sustainable Craft-Based

Enterprise in India”, investigated strategies that explore how to use design thinking to take

traditional craft skills into the future, using innovative design and technology to improve the

income of rural craftspeople and help create transformational change. (January 2016 - June 2016)

Rake, L. Adventure Travel Luggage. Bass Pro Shop, Springfield, MO (2006).

Rake, L. Exploring Innovations in Fan Design. Hunter Fans, Memphis, TN (2006).

Rake, L. New Product Ideas for Family Camping Tents. Wenzel, St. Louis, MO (2005).

Rake, L. Portable Outdoor Exhibition Space. Big Dog Motorcycles, Wichita, KS (2003).

Rake, L. New Product Ideas for the Scrapbook Market. Cardinal Brands, St. Louis, MO (2002).

Rake, L. Back to School Product Design. Investigation, Analysis, and Design. Cardinal Brands, St.

Louis, MO (2001 - 2002).

Rake, L. New Product Opportunities in the Recreational Boat Industry. Investigation, Analysis,

and Design. Infusion Design, Bonner Springs, KS (2001 - 2002).

Rake, L. Recreational Vehicle Design for a New Market Segment. Investigation, Analysis, and

Design. MountainHigh Coachworks, Ontario, CA (1999 - 2000).

Rake, L., & Geil, D. M. Fencing Shoe Design. United States Olympic Committee (1998).

Consultant with Dr. Geil.

Rake, L. Design of a Closed System Bearing Oiler. Trico Manufacturing, Pewaukee, WI (1995 -

1998).

Johnson, J., Rake, L., Design of Motor Assist Standing Wheelchairs. Small Business Innovation

Research Program Grant. FENA DESIGN, St. Cloud, MN. (1995 - 1998).

Nagengast, D., & Rake, L. DIY In Field Refrigeration for Small Organic Farms North Central

Region Sustainable Agriculture Research and Education Program. U.S. Department of Agriculture

(1995).

Rake, L. Laptop Computer Design. Compaq Computers, Houston, TX (1994).

Rake, L. Interior Concepts, 31-A. Learjet, Wichita, KS (1994).

Rake, L. 3D Modeling Hardware & Software, Equipment Grant. Intergraph Corporation, USA, and

Intergraph Sverige, AB (1993).

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Rake, L. Using Traditional Materials and New Technologies in an Alternative Design Strategy.

SOR, Inc. Olathe, KS (1988).

GRANTS/AWARDS- INTERNAL

Gore, N. & Rake, L. “Electrifying the Dotte Mobile Grocer Demonstration Kitchen.” University

of Kansas General Research Fund (2019)

Herstowski, A. & Rake, L. Mapping Study Abroad to the Major, Faculty Support Grant Fund from

the Office of Study Abroad (2016). Connecting with Study Abroad partners in Finland, Sweden,

and Denmark.

Sabbatical leave in Mumbai, India. Conducted research at the Bamboo Studio, Industrial Design

Center, Indian Institute of Technology-Bombay. (2012)

Rake, L. A Pilot Project to Develop and Implement the Alodia Afrika Design Office. University of

Kansas (2011). Using Design Thinking to open new product and market possibilities for a woman’s

textile co-op in Hamburg, South Africa.

Rake, L. Driving Without Distraction: We Have an App for That ....., Transportation Research

Institute, The University of Kansas (2010).

Rake, L. Design of the Next Generation General Aviation Aircraft Interior. University of Kansas

(2004).

Sabbatical leave in Stratford-upon-Avon, England. Conducted research at the Leon Paul office in

London, England to design and test fencing equipment including weapons, scoring equipment, and

footwear. (2001)

Rake, L., & Ewing, D. M. Proposal Development for NASA’s University Earth System Science

(UnESS) Program. Mapping Greenland Ice. Research and Development Fund, the University of

Kansas (2000 - 2001).

Rake, L. Design of High- Performance Titanium Sabre using 3D Solid Modeling, Testing, and

Evaluation Technologies. University of Kansas (1999).

Sabbatical leave in Halmstad, Sweden. Professional design practice in the office of Hans Skillious,

Halmstad, Sweden. (1993)

Rake, L. The Electronic Mock-up as a Conceptual Tool for Industrial Designers. University of

Kansas (1993).

Rake, L. Product Development Using an Alternative Design Strategy. University of Kansas (1989).

Rake, L. G., & Taylor, D. J. B. The Efficacy of Training on the Development of Creative Thinking

Ability. Research Grant-In-Aid, Auburn University (1984).

SELECT DESIGN WORK IN WOOD & BAMBOO

Rake, L. Whiskey Barrel Stave Bicycle, (June, 2019)

After executives at Bufffalo Trace Distillery in Frankfort, KY saw images of the Wine Barrel Stave

Bicycle, they asked me to prototype a bicycle made from whiskey Barrel Staves. It is currently

being considered as a fleet bike for tours of their Canadian distillery.

Rake, L. Wine Barrel Stave Bicycle, (December, 2018- March, 2019)

Presented at the 2019 North American Handmade Bicycle Show. It is currently being considered as

a fleet bike for wine tours in Napa, California.

Rake, L. & Adhikary, N. Abari Bamboo Bike, (May 2016 – September, 2017).

Design and development of a new generation bamboo bicycle initially designed and prototyped at

the Abari architecture studio in Kathmandu, Nepal in April, 2016 as part of my Fulbright research.

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Rake, L. Mass Production Bamboo Bicycle for Bikeshare System, IIT-Bombay Campus, Mumbai,

India, (February 2016 – April, 2017). This bike was designed to be easily, quickly, and reliably

manufactured in large numbers. It was also designed to be easily repaired and adjusted in the field.

Rake, L. Sidekick, HERObike, Greensboro, AL. (September, 2015- February, 2016)

I designed the Sidekick Balance Bike for HERO, a not-for-profit located in Greensboro, AL, as a

way to create quality craft-based jobs. Most of my design work for HERO explores the use of

bamboo- a local resource in rural Alabama. The Sidekick is designed for easy fabrication in the

Greensboro workshop. The Sidekick was further developed and prototyped in India at the Industrial

Design Center at the Indian Institute of Technology-Bombay in Mumbai in spring, 2016 as part of

my Fulbright research.

Rake, L. Sidekick Senior, IIT-B, IDC, Mumbai, India (January, 2016- May, 2016)

I designed the Sidekick Senior at the Industrial Design Center at the Indian Institute of TechnologyBombay in Mumbai in spring, 2016 as part of my Fulbright research. I leveraged the simplicity of

design of the Sidekick Balance bike to create a pedal-powered version with 20” wheels.

Rake, L. Inframe Storage System, IIT-B, IDC, Mumbai, India (January 2016- May, 2016) The

Inframe Storage System is a woven bamboo basket designed to ride inside the main triangle

structure of a commuter-style bicycle. It was designed at the Industrial Design Center at the Indian

Institute of Technology-Bombay in Mumbai in spring, 2016 to create job opportunities for rural

and urban bamboo artisans in India as part of my Fulbright research.

Rake, L. Whalebone Stand Up Paddleboard, HERObike, Greensboro, AL. (June 2014 - July 2015)

I designed the Whalebone Stand Up Paddleboard for HERO, a not-for-profit located in Greensboro,

AL, as a way to create quality craft-based jobs. The Whalebone is an innovative skin-on-frame

design that uses an inexpensive but strong structure made of bamboo, covered with inexpensive

sign vinyl. Whalebone was designed to be made in weekend workshops in the Greensboro

workshop.

Rake, L. Woven Tube Road Bike, HERObike, Greensboro, Alabama. (August 2012 - February

2013). I designed the Woven Tube Bike for HERO, a not-for-profit located in Greensboro,

Alabama, as a way to create quality craft-based jobs. Most of my design work for HERO explores

the use of bamboo- a local resource in rural Alabama. The Woven Tube bike is an innovative

bamboo/carbon fiber composite that is extremely lightweight. The Woven Tube Road Bike was

shown in the North American Handmade Bicycle Show in Louisville, KY in March 2014.

Rake, L. Bamboost, HERObike, Greensboro, Alabama. (August 2012 - February 2013). I designed

the Bamboost e-Bike for HERO, a not-for-profit located in Greensboro, Alabama, as a way to

create quality craft-based jobs. Bamboost is an innovative bamboo/carbon fiber composite bike that

utilized the same aviation-inspired sandwich composite technology developed for the Beacon Alley

Skateboards. It was shown in the North American Handmade Bicycle Show in Louisville, KY in

March 2015.

Rake, L. Beacon Alley Skateboards, HERObike, Greensboro, Alabama. (January 2013 - December

2014) I designed the Beacon Alley Skateboard for HERO, a not-for-profit located in Greensboro,

Alabama, as a way to create quality craft-based jobs. The skateboard is a bamboo composite design

that is a fusion of handcraft and aviation-inspired high tech sandwich composite materials and

techniques.

Rake, L. Flatpack Bicycle, HERObike, Greensboro, Alabama. (August 2012 - February 2013). I

designed the Flatpack Bike for HERO, a not-for-profit located in Greensboro, Alabama, as a way to

create quality craft-based jobs. Most of my design work for HERO explores the use of bamboo- a

local resource in rural Alabama. The Flatpack is a bamboo composite design that also uses waterjet

cut aluminum panels. The entire bicycle arrives in a small box and can be easily assembled with

minimal tools. The Flatpack was shown in the North American Handmade Bicycle Show in

Charlotte, NC in March 2014.

Rake, L. Semester Bicycles, HERObike, Greensboro, Alabama. (January 2012 - February 2014)

I designed the Semester Bike for HERO, a not-for-profit located in Greensboro, Alabama, as a way

to create quality craft-based jobs. Most of my design work for HERO explores the use of bambooCase: 1:20-cv-04806 Document #: 609-3 Filed: 11/28/22 Page 44 of 106 PageID #:14652 Case: 1:20-cv-04806 Document #: 376 Filed: 08/23/21 Page 43 of 105 PageID #:8468
a local resource in rural Alabama. The Semester is a bamboo composite design. The Flatpack was

shown in the North American Handmade Bicycle Show in Denver in February, 2013.

EXHIBITIONS- DESIGN

“Sustainable Revolution”- Architecture Biennale 2021, Zuecca Project Space, Venice,

Italy, September, 2021.

“Wine Barrel Stave Bike” introduced. North American Handmade Bicycle Show, Sacramento, CA,

March, 2019.

“Keep Moving: Shifting Gears!” Design Museum of Chicago. Two of my bamboo bikes featured

in this show. November 2018- March, 2019.

Dharavi bikeshare bicycle design introduced. North American Handmade Bicycle Show in

Hartford, CT. in March 2018.

Semester bicycle design featured in Engaged: Campus and Community Scholars Working Together

for the Public Good—an exhibit to recognize and celebrate community engagement and engaged

scholarship at the University of Kansas. 2017

Bamboost e-bike design introduced. North American Handmade Bicycle Show in Louisville, KY in

March 2015.

Woven Tube bicycle design introduced. North American Handmade Bicycle Show. Charlotte, NC

in March 2014.

Semester & Flatpack bicycle designs introduced. North American Handmade Bicycle Show in

Denver, CO in February 2013.

PERMANENT COLLECTIONS

Rake, L. New Deal Playing Cards, Stuart and Marilyn R. Kaplan Playing Card Collection, the most

comprehensive collection in the United States (1998) Designed in 1995.

Rake, L. New Deal Playing Cards, Deutches Spielkarten-Museum, permanent collection,

Leinfelden-Echterdingen, Germany (1998) Designed in 1995.

PATENTS

Rake, L., Patent. "Process for Making Braided Bamboo Laminated Composite Tubing US

Provisional Patent" (abandoned)

Rake, L., Patent. "Process for Making Structural Tubing with Bamboo and Reinforcing Fiber

Material US Provisional Patent" (abandoned)

Rake, L., Patent. "Power System", US Utility Patent US20090152944. (Approved: 2009).

Rake, L., Patent. "Extension for a Golf Club Shaft and Method of Installing the Same", US

20080081708. (Approved: 2008).

Rake, L., Patent. "Fishing Bobber", US Utility Patent Pending. (Approved: 2007).

Rake, L., Patent. "Footstool/Ladder", US Utility Patent Pending. (Approved: 2007).

Rake, L., Patent. "Temperature Gauge/ Barometer", US Design Patent D 538694. (application:

2005, Approved: 2006).

Rake, L., Paul, B., Patent. "Protective Fencing Mask", US 20030070202; US 20020157167; US

6,701,536 B2; US 6,820,286 B2. (Approved: 2003).

Rake, L., Patent. "Playing Cards with Gripping Surface", US 5,490,676. (Approved: 1998).

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Rake, L., Patent. "Guitar Case", D 265146. (Approved: 1982).

EXPERT WITNESS- DESIGN

Whitaker Chalk Swindle & Schwartz PLLC, Design Ecpert, Representing Delta T v. Dan’

Marchant & Gould, Design Expert (2021)

Liaigre v. California Furniture Collection

Lewis Roca Rothgerber Christie, LLP, Design Expert, Glendale, CA (2021).

Caravan Canopy v. WalMart

Fish & Richardson P.C., Design Expert, Austin, TX (2018-2019).

Representing Kingston v. PAVO

Sterne, Kessler, Goldstein & Fox, Expert Witness, Washington, DC (2018-2019).

Representing Juul in an ITC matter.

Morgan Lewis, Design Expert, Palo Alto, CA (2018-2019)

Representing Gavrieli v. Soto Massini

Ice Miller, LLP, Design Expert, Philadelphia, PA. (2018).

Representing Regalo International v. Summer Infant

Fish & Richardson P.C., Design Expert, Dallas, TX. (2018).

Representing Amazon v. Jumpsport, Inc,

Thompson Coburn, Design Expert, St. Louis, MO. (2017).

Representing Wesfield Outdoors v. Haingaertner and Walsh

Kirkland & Ellis, Design Expert, Chicago, IL (2018).

Representing The Chamberland Group v. Techtronic Industries

Lewis Roca Rothgerber Christie, LLP, Design Expert, Glendale, CA (2018).

Representing Blumenthal Distributing v. Herman Miller

Thompson Coburn, Design Expert, St. Louis, MO. (2017.

Representing Post v. General Mills

Perkins Coie, Design Expert, Seattle, WA (Sept 2016).

Representing Amazon v. Daimler AG

Woodard, Emhardt, Moriarity, McNett & Henry, LLP, Design Expert, Indianapolis,IN (Winter

2016 - Present). Representing Knauf Insulation before USPTO

Banner & Witcoff, Design Expert, Chicago and Portland, OR (Winter 2015).

Representing Nike v. Sketchers

Blakely Law Group, Design Expert, Manhattan Beach, CA (2016).

Representing Deckers/ Uggs Australia in a design patent dispute

Sterne, Kessler, Goldstein & Fox, Expert Witness Testimony, New York, NY (2015). Design

Expert for Reexamination of Apple iPhone Design Patents

Orrick, Herrington & Sutcliffe LLP, Design Expert, Menlo Park, CA (2016). Represented Belkin in

a patent infringement case versus Acrox

Alston & Bird, LLP, Expert Witness Testimony, Palo Alto, CA (2014). Expert witness for light

reflectors design patent case before the ITC

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Expert Witness Testimony, Washington

DC (2014). Design Declaration before the Appeal Board, USPTO (housewares)

Kelly IP, LLP, Expert Witness Testimony, Washington DC (2013 - 2014). Design Declaration

before the Appeal Board, USPTO (electronic cables)

Winston & Strawn, LLP, Expert Witness Testimony, Los Angeles, CA (2013 - 2014). Design

Analysis for utility patent infringement case (laptop and tablet accessories)

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Expert Witness Testimony, Washington

DC (2013). Design Analysis for design patent infringement case (cameras).

Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., Expert Witness Testimony, Alexandria, VA

(2013). Design Analysis for design patent infringement case (bedroom slippers).

Amster Rothstein & Ebenstein LLP, Expert Witness Testimony, New York, NY (2012). Design

Analysis for design patent infringement case (bedroom slippers).

Miller Canfield, Expert Witness Testimony, Chicago, IL (2011 - 2012). Design Analysis, Report

for a design patent infringement case (bedroom slippers).

White & case, LLP., Expert Witness Testimony, New York, NY (2011 - 2012). Design Analysis,

Report, and Deposition Testimony for USB Drive design patent case before the ITC.

Baker Botts L.L.P., Expert Witness Testimony, Houston, TX (2010 - 2011). Design Analysis,

Report, for a design patent infringement case (juice bottle caps).

Polsinelli Shughart, P.C., Expert Witness Testimony, St. Louis, MO (2010 - 2011). Design

Analysis, Report, for a design patent infringement case (refrigerated floral cases).

Husch Blackwell Sanders LLP, Expert Witness Testimony, St. Louis, MO (2009). Color Analysis,

for a trade dress case.

Wooten, Honeywell, Kimbrough, Gibson, Doherty and Normand, P.A., Expert Witness Testimony,

Orlando, FL (2007 - 2009) Design Analysis, Testing, for a product liability case (consumer

seating).

Allen & Vellone, P.C., Expert Witness Testimony, Denver, CO (2008). Design Analysis, for a

design patent infringement case (footwear).

Allen, Dyer, Doppelt, Mibrath & Gilchrist, P.A., Expert Witness Testimony, Orlando, FL (2008).

Design Analysis, for a design patent infringement case (apparel).

Holbrook Law Office, Expert Witness Testimony, Orlando, FL (2000 - 2001). Design Analysis,

Testing, for a product liability case (contract seating).

Rausch Hendicks German May, Expert Witness Testimony, Kansas City, MO (1999 - 2000).

Defense expert for design patent infringement case.

Skepnek & Maddox, Expert Witness Testimony, Lawrence, KS (1998). Center for Design

Research, The University of Kansas. Created forensic computer animation for a medical

malpractice case.

Purdy & Flynn, Expert Witness Testimony, Fort Lauderdale, FL (1994 - 1996). Design

Investigation, Analysis, Modeling for a product liability case.

Holbrook & Hardy, Expert Witness Testimony, Orlando, FL (1992 - 1994). Design Investigation,

Analysis, Modeling for a product liability case.

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PROFESSIONAL DESIGN PROJECTS/CLIENT LIST

Over the past 30 years, I have worked as a professional designer; working in corporate design

studios, consulting offices, or as a freelance designer on a very broad range of projects. This

includes the design of motorcycles, air circulators, aircraft interiors, micrographic readers,

orthopedic traction systems, knives, space heaters, furniture, power tools, retail fixtures, electronic

controls, playing cards, games, work environments, cranes, lawn and garden tractor, trade show

exhibits, string trimmers, snowmobiles, VHS cassettes, medical products, audio amplifiers,

industrial electrical control housings, bags, back to school products, electrical substation

enclosures, excavator cabs, bird houses and feeders, fence posts, tool cabinets, boat interiors, motor

coach interiors, and plumbing fixtures.

Armani/ Embraer, São José dos Campos, São Paulo, Brazil

Aircraft Interior Design.

ADS, Huntsville, AL

Branding, Research and Design.

Adams Aircraft, Mojave, CA

Aircraft Interior Design.

Aerion, Dallas, TX

Supersonic Business Jet interior design

Aeroflex, Wichita, KS

Product Design

Aero Nimbus, Malaysia

Asian Airshow Exhibition Design.

Aladdin Industries, Nashville, TN

Camping Products.

Alberta Aerospace, Alberta, Canada

Design Proposal, Aircraft Interior Design.

Alfa-Laval, AB, Stockholm, Sweden

Agricultural Product Design.

Auburn University School of Pharmacy, Auburn, AL

Pharmacy Patient Consultation Booth.

Auckland University School of Medicine, Auckland, NZ

Asthma Inhaler.

Baker Electronics, Miami, FL

Aircraft IFE Switches.

Beauty Brands, Kansas City, MO

Interior/ Fixture Design.

Bell Helicopter, Dallas, TX

Helicopter Shuttle Interior

Bell & Howell, Lincolnwood, IL

Communications and Office Product Design.

Bergström, Halmstad, Sweden

Promotional Products Design.

Birkenstock, USA, Novato, CA

Store Fixture Design.

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Bolens, Port Washington, WI

Lawn Tractor Design, Product Graphics.

Bombardier, Montreal, Canada

Business Jet Interior Design.

Bose Research, Boston, MA

Store Fixture Design.

Brian Russell Designs, Auckland, NZ

Highchair Design.

Briggs & Stratton, Milwaukee, WI

Exhibit Design.

Bruning International, Itasca, IL

Office Product Design, Product Graphic Design.

Bucyrus-Erie, Milwaukee, WI

Heavy Equipment Design, Product Graphic Design.

Bushnell, Lenexa, KS

Night Vision Monocular Design.

Cardinal Brands, St. Louis, MO

Office Products, Softgoods Design

Caterpillar, Peoria, IL

Footwear Display System.

Chicagofest, Chicago, IL

Festival Graphic Design.

Collins Communications Technologies, Milwaukee, WI

Branding, Graphic Design.

Coleman, Wichita, KS

Product Design

Crabtree Music, Milwaukee, WI

Graphic Design.

Cramer, Inc, Kansas City, MO

Office Furniture Design.

Cubcrafters, Yakima, WA

Aircraft Interior Design.

Cutler-Hammer, Milwaukee, WI

Exhibit Design.

Drott Manufacturing, Wausau, WI

Heavy Equipment Design, Product Graphic Design.

Eagle Creek, San Diego, CA

Store Fixture Design.

Embraer, São Jose, Brazil

Aircraft Interior Design.

Fairchild-Dornier, Oberpfaffenhofen, Germany

Paint schemes, Product Graphic Design.

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Filer & Stowell, Milwaukee, WI

Heavy Equipment Design, Product Graphic Design.

Fischer & Paykel, Auckland, NZ

Control Design.

Företagsutrecklarna, Växjö, Sweden

Gas Candle Design.

Galaxy Aerospace, Dallas, TX

Aircraft Interior Design.

Gametime, Inc., Fort Payne, AL

Outdoor Furniture Design.

Global Express, Montreal, Canada

Regional Jet Interior Design.

Grahm Transmissions, Milwaukee, WI

Product Graphic Design.

Harley-Davidson, Milwaukee, WI

Motorcycle Design, Model Building.

Hawker/Beechcraft, Wichita, KS

Aircraft Interior Design.

Helio, Bristol, TN

Aircraft Interior Design Proposal

Hustler/ Excel, Hesston, KS

Commercial Lawnmower Design, Side-by-Side Vehicle Design

Huhtamaki, Desoto, KS

Commercial Product Design.

ICOR, AB, Stockholm, Sweden

Medical Product Design.

IKEA, Stockholm, Sweden

Clothes Hanger Design, Recycling Bin Design.

J.I. Case Company, Racine, WI

Heavy Equipment Design, Product Graphics.

Jockey International, Kenosha, WI

Exhibit Design, Store Fixture Design.

Kohler, Kohler, WI

Exhibit Design.

Larson/Glastron, Little Falls, MN

Leisure Boat Design.

Learjet div of Bombardier, Wichita, KS

Corporate Aviation Interior Design.

Leon Paul, London, England

Fencing Mask, Footwear, Scoring Box Design.

Marathon Electric, Wausau, WI

Store Fixture Design.

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Martin Industries, Florence, AL

Electric Space Heater Design.

Matthews Heater Co., Albertville, AL

Electric Space Heater Design.

Micro Design, Hartford, WI

Product Design, Corporate Identity, Strategic Planning.

Micron Corporation, Iron Ridge, WI

Product Design, Corporate Identity, Strategic Planning.

Minder Systems, Auckland, NZ

Electronic Control Design.

Nauter’s Swan, Pietarsaari, Finland

Yacht Design.

New Deal Playing Cards, Leawood, KS

Product Design, Corporate Identity, Strategic Planning.

Newell Motorcoach, Miami, OK

Motorcoach Design, Product Planning.

Pantone, New York, NY

Bag, CD Case, Softgoods, Notebook Design

Perceptive Software, Kansas City, KS

Trade Show Design.

Perm-a-Store, Wichita, KS

Product Design.

Polaris, Roseau, MN

Snowmobile Design, Product Graphic Design.

Poulan, Shriveport, LA

String Trimmer Design, Lawnmower Design.

Raaco, Copenhagen, Denmark

Plastic Toolbox Design.

Raetheon, Wichita, KS

Aircraft Interior Design.

Ranger Boats, Flippin, AR

Boat Design

Rayovac, Madison, WI

Product Design.

Rubbermaid, Huntersville, NC

Product Design.

Schroeder & Tremayne, St. Louis, MO

Product Design- Brushes, Cleaning Products

S.O.R. Inc., Olathe, KS

Pressure Switch Design, Workstation Design Planning.

Singapore Airlines, Singapore

Corporate Aircraft Interior Design.

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Snorkel, Kansas City, MO

Paintscheme, Product Graphic Design.

Spectrum, San Diego, CA

Aircraft Interior Design

Sutherland Engineering, Lawrence, KS

Audio Amplifier Design.

The North Face, Oakland, CA

Store Fixture Design.

Trek Bicycles, Baraboo, WI

Product Graphic Design.

Wal-Mart, Bentonville, AR

Point-of-Sale Design, Interior Design.

Walker Manufacturing, Racine, WI

Exhibit Design.

Weed Eater, Houston, TX

String Trimmer Design, Lawnmower Design.

Western Publishing, Racine, WI

Exhibit Design.

Xerolet, Carson, CA

Product Design.

Xikar, Kansas City, MO

Product Design, Strategic Product Design.

UNIVERSITY OF KANSAS- RECENT TEACHING

Spring 2021

INDD 378 Special Problems in Design, Footwear Design

INDD 302 Intermediate Industrial Design Studio

INDD212 Basic Industrial Design Drawing

Fall 2020

INDD 284 Basic Industrial Design Studio

INDD 312 Drawing for Industrial Design

Spring 2020

INDD 302 Intermediate Industrial Design Studio

INDD 378 Problems in Industrial Design:Footwear Design

Spring 2019

INDD 378 Special Problems in Design, Bicycle Design

INDD 302 Intermediate Industrial Design Studio

Winter, 2019

INDD 378 Problems in Industrial Design: East Palo Alto Multidisciplinary Workshop

Fall 2018

INDD 284 Basic Industrial Design Studio

INDD 378 Footwear Design

Spring 2018

ADS 531 Internship

ARCH600 Special Topics- Haiti

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ARCH600 Special Topics- Utility Bicycle Design

INDD 302 Intermediate Industrial Design Studio (2 sections)

INDD 378 Problems in Industrial Design: Electric Guitar Design & Theory

Fall 2017

ADS 531 Internship

INDD 284 Basic Industrial Design Studio (2 sections)

INDD 378 Problems in Industrial Design: Designing Footwear

INDD 715 Industrial Design- Graduate Studio

Spring 2017

ADS 560 Topics in Design: Push Bikes and Paddleboards (Alabama)

ADS 560 Topics in Design: Electric Guitar Design & Theory

ADS 580 Special Problems in Design

INDD 302 Intermediate Industrial Design Studio

Fall 2016

INDD 284 Basic Industrial Design Studio

INDD 378 Problems in Industrial Design: Photoshop ID Product Design

INDD 446 Advanced Industrial Design Studio

INDD 580 Senior Industrial Design Studio

Spring 2016

ADS 560 Topics in Design: Push Bikes and Paddleboards (Alabama)

INDD 378 Problems in Industrial Design: Push Bikes and Paddleboards

Fall 2015

INDD 284 Basic Industrial Design Studio

INDD 378 Problems in Industrial Design: Guitar Design and Theory

INDD 446 Advanced Industrial Design Studio

Spring 2015

INDD 302 Intermediate Industrial Design Studio

INDD 555 Portfolio

Fall 2014

ADS 560 Topics in Design: Drawing for Industrial Design II

INDD 284 Basic Industrial Design Studio

INDD 378 Problems in Industrial Design: Guitar Design and Theory

INDD 446 Advanced Industrial Design Studio

Summer 2014

ADS 560 Topics in Design: Bamboo, Alabama

INDD 378 Problems in Industrial Design: Bamboo, Alabama

Spring 2014

ADS 560 Topics in Design:

ADS 580 Special Problems in Design

INDD 302 Intermediate Industrial Design Studio

INDD 378 Problems in Industrial Design: Bamboo Skateboard Workshop

INDD 555 Portfolio

Fall 2013

ADS 560 Topics in Design: Basic Transportation Design

ADS 580 Special Problems in Design

INDD 378 Problems in Industrial Design: Basic Transportation Design

INDD 446 Advanced Industrial Design Studio

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SERVICE- UNIVERSITY

Member (Elected)

University of Kansas University Senate. (August 2016 - July 2019)

Member (Elected)

University of Kansas Faculty Senate. (August 2016 - July 2019)

Member (Appointed by KU Faculty Senate President) Ad Hoc Committee on Post-Tenure Review.

Reviewed Procedures for KU Post Tenure Review Process (Fall 2015 - Spring 2016)

SERVICE- SCHOOL OF ARCHITECTURE & DESIGN

Chair (Appointed)

School Council. The School Council advises the Dean on strategic and administrative issues and

serves as a sounding board for the Dean regarding any planned initiatives and University directives

that affect the School. (February 2021 - Present)

Member (Appointed)

Faculty Affairs Committee. (August 2020 - Present)

Common Shop. (Fall 2016 - Spring 2018)

Ad-Hoc Committee Post-Tenure Review. Analysis and review of KU post-tenure review

procedures. (Spring 2015)

Ad Hoc Maker Space. (Fall 2014 - Spring 2015)

SERVICE- DEPARTMENT OF DESIGN

Design Chair Review Committee. (August 2020 - June 2021)

Faculty Evaluation Committee. (August 2020 - June 2021)

Chair (Appointed) Industrial Design Search Committee. (Fall, 2017-Spring, 2018)

Representative (Appointed) Industrial Design Area Coordinator. (Fall 2017 - Spring 2019)

Member (Appointed) Promotion & Tenure. (Fall 2017 - Spring 2019)

Member (Appointed) Undergraduate Studies. (Fall 2016 - Spring 2019)

Member (Appointed) Departmental Bylaws. (Fall 2016 - Spring 2018)

SERVICE- PROFESSIONAL

Industrial Designers Society of America. Vice Chair of the Design Protection Section (2019 - 2021)

HONORS AND AWARDS FOR SCHOLARSHIP

Educator Award, Industrial Design Society of America (IDSA). (2019)

“The IDSA Education Award is presented in recognition of significant, distinguished, and longterm contributions of career or tenured faculty to the field of industrial design academia. Further,

these individuals have earned the respect and admiration of colleagues and students for their

method and practice of teaching industrial design.Individuals are nominated by a peer or student for

this distinction and a nomination must be accompanied by letters of recommendation on behalf of

the candidate. All candidates who qualify are rigorously evaluated by IDSA's Awards Committee

and subsequently approved by IDSA's Board of Directors before being bestowed with this great

honor.” From the IDSA website

Fulbright Global Scholar Award. “Reimagining the Future of Mobility with a Sustainable Bamboo

Bicycle”. I will be working with colleagues in Melbourne Australia and Kathmandu Nepal to

design and prototype a bicycle for use by smallholder farmers in rural Nepal. (2019-2020)

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Fulbright-Nehru Academic and Professional Excellence Award, Fulbright Senior Scholar Program.

Professor Rake’s Fulbright research project, “Using Design Thinking to Create Sustainable CraftBased Enterprise in India”, will investigate strategies that explore how to use design thinking to

take traditional craft skills into the future, using innovative design and technology to improve the

income of rural craftspeople and help create transformational change. (January 2016 - June 2016)

Outstanding Teacher- Department of Design, University of Kansas Center for Teaching Excellence.

(2010)

ID Magazine “Design 50”. The editors at ID chose to profile the work of 50 US designers in their

January/February 2004 Issue- one from each state. I was honored as the designer chosen to

represent Kansas. (2004)

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Lance G. Rake 

Patent cases in which I’ve written reports and given testimony at trial: 

Date Case Name Case Number 

2020 Pavo Solutions, LLC v. Central District of California 

Kingston Technology, Inc Case No. 8:14-cv-1352-JLS (KES) 

2019 Gavrielli Brands, LLC v. District of Delaware 

Soto Massini Corp. Civil Action No.: 18-462-GMS) 

Patent cases in which I’ve written reports and given deposition testimony: 

Date Case Name Case Number 

2021 Walmart Inc v. USPTO Patent Trial and Appeal Board 

Caravan Canopy International, Inc Case IPR2020-01026

2021 Liagre, Inc v. Central District of California 

 California Furniture Coll., Inc., et al. Case No. 8:19-cv-01160 JAK-KES 

2019 Herman Miller, Inc v. Central District of California 

Blumenthal Distributing, Inc., et al. Case No. 2:17-cv-04279 JAK-SP 

2016 Johns Manville Corp v. USPTO Patent Trial and Appeal Board 

Knauf Insulation, LLC Case IPR2015-01453 

2015 Acrox Technologies Co. Ltd v. Northern District of California 

Belkin International, Inc. Case No. 3:14-CV-04956 JD 

2012 In the Matter of U.S. ITC 

CERTAIN UNIVERSAL SERIAL BUS Investigation No. 337-TA-788 

(“USB”) PORTABLE STORAGE DEVICES, 

INCLUDING USB FLASH DRIVES AND 

COMPONENTS THEREOF 

2011 Barker Company, Limited v. Southern District of Iowa 

Air Innovations, Inc. Case No. 3:09-cv-00016-JAJ-CFB 

2009 Lumber Liquidators v. Eastern District of Virginia Stone 

Mountain Carpet Case No. 08 cv 00573 

2008 Crocs v Australia Unlimited District of Colorado 

Civil Action No. 07-cv-221 

Patent cases in which I’ve been retained and/or written expert reports: 

2021 Delta T, LLC v. Middle District of Florida

 Dan’s Fan City, Inc. Case No. 8:19-cv-1731- T- 33SPF

Case: 1:20-cv-04806 Document #: 609-3 Filed: 11/28/22 Page 57 of 106 PageID #:14665 Case: 1:20-cv-04806 Document #: 376 Filed: 08/23/21 Page 56 of 105 PageID #:8481
2019 Juul Labs, Inc. Juul Patent Litigation Matters 

2019 The Chamberlain Group, Inc. v. Northern District of Illinois, Eastern Division 

Techtronic Industries N.A., Inc. Civil Action No. 16-CV-6113 

2018 Amazon.com, Inc v. USPTO Patent Trial and Appeal Board 

Jumpsport, Inc Case IPR2018-00714 

2018 Regalo International, LLC v. District of Delaware 

Summer Infant, Inc. Case No. 1:17-cv-01074-GMS 

2018 Haingaertner and Walsh v. Western District of Arkansas 

Westfield Outdoors, Inc. Case No. CV-17-5079 

2017 In the Matter of: U.S. ITC 

CERTAIN PASSENGER Investigation No. 337-TA-1006 

VEHICLE AUTOMOTIVE 

WHEELS 

2017 Post Consumer Brands v. District of Minnesota 

General Mills, Inc. Civil Action No. 17-cv-04915 

2017 Beats Electronics, LLC v. Central District of California 

Steven Lamar Case No. 2:14-cv-7537 

2017 Po-Hsun Lin v. Central District of California 

Belkin International, Inc. Case No. 8:16-cv-00628-JLS-DFM 

2016 Fatboy the Original B.V. v. Northern District of Texas, Dallas Division 

EMRG, LLC Civil Action No. 3:16-cv-02520 

2016 NIKE, Inc v. USPTO Patent Trial and Appeal Board 

Jezing Licensing, LLC Case IPR2016 NIKE, Inc v. District of Oregon, Portland Division 

Skechers USA, Inc Case No. 

2016 Deckers Outdoor Corporation v. Central District of California 

Romeo & Juliette, Inc. Case No.: 2:15-cv-02812-ODW(CWx) 

2014 Sensio Inc., v. Select Brands, Inc. USPTO Patent Trial and Appeal Board 

Case IPR2013-00580 

2014 Design Declaration USPTO Patent Trial and Appeal Board 

Monster, Inc. 

2014 In the Matter of: U.S. ITC 

CERTAIN TIRES AND PRODUCTS Investigation No. 337-TA-894 

CONTAINING SAME 

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2014 Cyber Acoustics, LLC v. District of Oregon, Portland Division 

Belkin International, Inc Civil Case No.: 3:13-cv-001144 SI 

2013 High Point Design LLC v. Southern District of New York 

Buyer’s Direct Inc Civil Action No. 11-CIV-4530-KBF 

2013 Nikon Corporation and Nikon, Inc v. Southern District of New York 

Sakar International, Inc Civil Action No. 13-CV-7228 

2012 Buyer’s Direct, Inc v. Civil Action No. 5:10-cv-00065-H 

Belk, Inc. 

2012 Knoll, Inc, v. Southern District of New York 

Moderno, Inc. Civil Action No. 11-CV-0488 

2011 The Coca-Cola Company, v. Plaintiff Civil Action No. 4:10-cv-0418 

PepsiCo, Inc., 

2008 Capsmith, Inc v. Middle District of Florida 

James S. Wysopal Case No. 6:07-cv-01572-Orl-22KRS 

Product liability cases in which I’ve consulted, written reports, and/or provided deposition testimony: 

2015 Marlin Ward, v. District Court of Shawnee County

St. Francis Health Center, Inc. State of Kansas

Case No. 13 C 001316

2015 Cayce Kavnar and Krissa Cavnar, v. District Court of Cleveland County 

The Saxon Group, Inc. State of Oklahoma 

2015 Marlin Ward, v. District Court of Shawnee County 

St. Francis Health Center, Inc. State of Kansas 

Case No. 13 C 001316 

2009 Jim Traweek v. 9th Judicial Circuit 

Resin Partners, Inc Orange County, Florida 

US Leisure Case No. 08-CA-0002229-0 

2000 Design Analysis Report Wooten, Honeywell, Kimbrough, 

 Chromecraft Furniture Gibson, Doherty & Normand 

Advantage Series Guest Chair 

1995 Scott Smith and Andrea Smith v. 7th Judicial Circuit 

Meubles Morigeau Ltd Broward County, Florida 

Case No. 95-350 (Div. 27) 

1994 Binnie M. Hicks v. Circuit Court in Orange County, Florida 

Ashley Furniture Industries Case No. CI 92-4747 

Rent-A-Center 

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I 11111111111111 1111111111111 1111 111111111111111 III IIIIIII I IIII IIII 

US00D808857S 

c12) United States Design Patent c10) Patent No.: US D808,857 S 

Zhang et al. (45) Date of Patent: ** Jan.30,2018 

(54) HOVERBOARD

(71) Applicant: Shenzhen Chitado Technology CO.,

LTD., Shenzhen, Guangdong (CN) 

(72) Inventors: Dianxuan Zhang, Guangdong (CN);

Dengjin Zhou, Guangdong (CN) 

(73) Assignee: Shenzhen Chitado technology CO.,

LTD. (CN) 

(**) Term: 15 Years 

(21) Appl. No.: 29/590,451

(22) 

(51) 

(52) 

(58) 

(56) 

Filed: Jan. 10, 2017 

LOC (11) Cl. ............................................... 12-14 

U.S. Cl. 

USPC ............................................................. D12/1 

Field of Classification Search 

USPC ...... D12/1, 5; D21/419, 421, 423, 426, 662, 

D21/760, 765, 766, 769, 771, 776, 803 

CPC . ... B62K 3/007; B62K 17 /00; B62K 2202/00; 

B62K 11/007; B62D 51/001; B62D 

51/02; B62D 61/00; B62D 37/00; A63C 

17 /0033; A63C 17 /01; A63C 17 /016; 

A63C 2203/40; A63C 17/12; A63C 

17/08; B60N 2/002; B60G 17/019 

See application file for complete search history. 

References Cited 

U.S. PATENT DOCUMENTS 

D737,723 S * 

D738,256 S * 

D778,782 S * 

9/2015 Ying ................................ D12/1 

9/2015 Ying ................................ D12/1 

2/2017 Chen ................................ D12/1 

D780,626 s * 3/2017 Li .................................... D12/1 

D784,195 s * 4/2017 Ying ........ ........................ D12/1 

D784,198 s * 4/2017 Zhu .......... ........................ D12/1 

D785,112 s * 4/2017 Ying ........ .................... 021/760 

D785,113 s * 4/2017 Ying ............................ 021/760 

D785,736 s * 5/2017 Ying ............................ 021/760 

D786,130 s * 5/2017 Huang ..... ........................ D12/1 

D786,994 s * 5/2017 Chen ............................ 021/760 

D786,995 s * 5/2017 Ying ............................ 021/760 

9,688,340 Bl* 6/2017 Kroymann. B62K 13/04 

2013/0238231 Al* 9/2013 Chen. B62K 11/007 

701/124 

2016/0129963 Al* 5/2016 Ying B62D 51/001 

180/6.5 

2016/0325803 Al* 11/2016 Waxman .................. B62M 7/12 

2017/0144718 Al* 5/2017 Tinaphong . B62K 11/007 

2017 /0240240 Al* 8/2017 Kroymann. B62K 13/04 

* cited by examiner

Primary Examiner - T. Chase Nelson 

Assistant Examiner - Ania Aman 

(57) CLAIM 

The ornamental design for a hoverboard, as shown and 

described. 

DESCRIPTION 

FIG. 1 is a front view of the hoverboard showing our new 

design; 

FIG. 2 is a back view thereof; 

FIG. 3 is a top view thereof; 

FIG. 4 is a bottom view thereof; 

FIG. 5 is a left side view thereof; 

FIG. 6 is a right side view thereof; 

FIG. 7 is a perspective view thereof; and, 

FIG. 8 is another perspective view thereof. 

1 Claim, 8 Drawing Sheets 

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U.S. Patent Jan.30,2018 Sheet 1 of 8 US D808,857 S 

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U.S. Patent Jan.30,2018 Sheet 2 of 8 US D808,857 S 

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U.S. Patent Jan. 30, 2018 Sheet 3 of 8 

FIG. 3 

US D808,857 S 

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U.S. Patent Jan. 30, 2018 Sheet 4 of 8 

FIG.4 

US D808,857 S 

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U.S. Patent Jan.30,2018 Sheet 6 of 8 

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Case: 1:20-cv-04806 Document #: 609-3 Filed: 11/28/22 Page 104 of 106 PageID #:14712 Case: 1:20-cv-04806 Document #: 376 Filed: 08/23/21 Page 103 of 105 PageID #:8528
U.S. Patent Jan.30,2018 Sheet 7 of 8 US D808,857 S 

Case: 1:20-cv-04806 Document #: 609-3 Filed: 11/28/22 Page 105 of 106 PageID #:14713 Case: 1:20-cv-04806 Document #: 376 Filed: 08/23/21 Page 104 of 105 PageID #:8529
U.S. Patent Jan.30,2018 Sheet 8 of 8 US D808,857 S 

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Case: 1:20-cv-04806 Document #: 609-3 Filed: 11/28/22 Page 106 of 106 PageID #:14714 Case: 1:20-cv-04806 Document #: 376 Filed: 08/23/21 Page 105 of 105 PageID #:8530