clearline v. cooper b-line - joint pre-trial order

7/28/2019 Clearline v. Cooper B-Line - Joint Pre-Trial Order

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JOINT PRE-TRIAL ORDER PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

CLEARLINE TECHNOLOGIES LTD.,

Plaintiff,

v.

COOPER B-LINE, INC.,

Defendant.

No. 4:11-cv-1420

JURY DEMANDED

JOINT PRETRIAL ORDER

1. Appearance of CounselA. Plaintiff:

Clearline Technologies, Ltd.

1149 St. MatthewsWinnipeg, MB Canada R3G 0J8

M. Ross CunninghamChristopher M. McDowell

John P. PinkertonRose Walker, LLP3500 Maple Avenue, Suite 900

Dallas, Texas 75219

214.752.8600

Robert D. Katz

Katz, PLLC

2908 Rosedale AvenueDallas, Texas 75205

469.278.5999

Case 4:11-cv-01420 Document 128 Filed in TXSD on 09/24/12 Page 1 of 14


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3. MotionsPlaintiffs Motion in Limine is pending before the Court. Plaintiff may need to re-urge

its challenge as to Juan Herrera.

Defendants Motion in Limine is pending.

4. ExhibitsPlaintiff See attached Exhibit 4-A.

Defendant See attached Exhibit 4-B.

5. WitnessesIn the event that there are any other witnesses to be called at the trial, their names, addresses,

and the subject matter of their testimony shall be reported to opposing counsel as soon as

they are known. This restriction shall not apply to rebuttal or impeaching witnesses, the

necessity of whose testimony cannot reasonably be anticipated before the time of trial.

A. PlaintiffBurgreen, James Clearline will call Mr. Burgreen by deposition unless he is made available.Cooper Industries

600 Travis Street, Suite 5600

Houston, Texas 77002(713) 209.8400

Mr. Burgreen is expected to testify as to certain matters pertaining to Coopers current and

previous websites, including the code for those website pages, search results, page/click metrics

and generally the information contained in his deposition. The full extent of Mr. Burgreens

testimony is contained within his deposition transcript, and Plaintiff reserves the right to

designate any or all of his deposition for trial.

Crain, Bob Clearline will call Mr. Crain by deposition unless he is made available.

Director of Marketing/Product DevelopmentCablofil

8319 State Route 4

Mascoutah, IL 62258(618) 566-5850



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Mr. Crain is expected to testify as to issues regarding the C-Port product, Coopers sale and

marketing of the C-Port, Coopers manufacture and sale of the copy-cat Dura-Blok product,

customer confusion due to Coopers copying of the C-Port. The full extent of Mr. Crains



Krovats, Neil Clearline will call Mr. Krovats live at trial.

Clearline Technologies, Ltd.

1149 St. Matthews Ave.

Winnipeg, Canada MB R3G-0J8(204) 786-3334

Mr. Krovats is the president of Clearline Technologies Ltd. and is expected to testify as to

Clearlines product line and general business practices. He will also testify about customer

confusion due to Coopers copying and imitating the C-Port trade dress in connection with its

Dura-Blok Products and use of Clearlines C-Port trademark. Mr. Krovats will testify about the

invention of the C-Port, Clearlines independent marketing efforts for its C-Port products, the

notoriety of the C-Port trade dress and trademark, the non-functionality of the yellow stripe on

the C-Port, the loss of sales and profits due to Coopers sale of the Dura-Blok products, future

damages due to Coopers continued use of the C-Port trade dress and other related topics. The

full extent of Mr. Krovats testimony was further explored by defendants during his deposition

and, to the extent additional topics were discussed during his deposition, then Plaintiff

incorporates those topics by reference.

Moeller, Lindsey - Clearline will call Ms. Moeller by deposition.

Hanley Wood Exhibitions6191 N. State Hwy. 161, Suite 500

Irving, TX 75038(972) 536-6300

Clearline will call Ms. Moeller by deposition on written questions as the custodian of records forHanley Wood, LLC. to prove up the Hanley Wood Exhibitions trade show brochures for 2009-

2011 if Defendants will not stipulate to the admissibility of the exhibits for all purposes at trial.

Peeler, Chris Clearline will call Mr. Peeler live at trial.Cooper B-Line, Inc.

509 W. Monroe St.Highland, Illinois 62249(618) 654-2184

(800) 851-7415



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Clearline will call Mr. Peeler at trial (whether live or by deposition) Mr. Peeler is expected to

testify as to the willful infringement of Clearlines trade dress and trademark. Mr. Peeler willalso testify about customer confusion, Coopers intentional destruction of Clearlines business in

the United States, Coopers knowledge of trademark infringement via the Hanley Woods

publications, Coopers knowledge of Clearlines trade dress and its efforts to design around the

trade dress, and Coopers sales and gross profits of C-Port and Dura-Blok products. The fullextent of Mr. Peelers testimony is contained within his deposition transcript, and Plaintiff

reserves the right to designate any or all of his deposition for trial.

Price, Alan - Clearline will call Mr. Price by deposition unless he is made available.

1128 S. 258th St.

Seattle, WA 98198(253) 228-0725

Clearline will call Mr. Price at trial (whether live or by deposition) Mr. Price is expected to

testify as to the willful infringement of Clearlines trade dress and trademark. Mr. Price will also

testify about customer confusion, Coopers intentional destruction of Clearlines business in theUnited States, Coopers knowledge of trademark infringement via the Hanley Woods

publications, Coopers knowledge of Clearlines trade dress and its efforts to design around thetrade dress, and Coopers sales and gross profits of C-Port and Dura-Blok products. The full

extent of Mr. Prices testimony is contained within his deposition transcript, and Plaintiff

reserves the right to designate any or all of his deposition for trial.

Rice, Dave Clearline will call Mr. Rice by deposition unless he is made available.

Cooper B-Line, Inc.509 W. Monroe St.

Highland, Illinois 62249(618) 654-2184

(800) 851-7415

Clearline will call Mr. Rice at trial (whether live or by deposition) Mr. Price is expected totestify as to the willful infringement of Clearlines trade dress and trademark. Mr. Rice will also

testify about customer confusion, Coopers intentional destruction of Clearlines business in the

United States, Coopers knowledge of trademark infringement via the Hanley Woodspublications, Coopers knowledge of Clearlines trade dress and its efforts to design around the

trade dress, and Coopers sales and gross profits of C-Port and Dura-Blok products. The full

extent of Mr. Rices testimony is contained within his deposition transcript, and Plaintiff reservesthe right to designate any or all of his deposition for trial.

Swiney, Mike Clearline will call Mr. Swiney by deposition unless he is made available.Cooper B-Line, Inc.

509 W. Monroe St.

Highland, Illinois 62249

(618) 654-2184(800) 851-7415



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Mr. Swiney is expected to testify as to certain matters pertaining to Coopers current and

previous websites, including the code for those website pages, search results, page/click metricsand generally the information contained in his deposition. The full extent of Mr. Swineys



Wright, Tony Clearline will call Mr. Wright live at trial.

Wright IMC

660 North Central Expressway, Suite 450Plano, TX 75074

(972) 215.7167

Mr. Wright will testify about the historical Cooper Dura-Blok webpages, including their use of

the C-Port trademark in the meta-tags/alt-tags, specifically the use of the C-Port registered

trademark in the meta-tag/alt-tag describing the Dura-Blok DB20 image on the webpages. Mr.

Wright will testify about the content of the webpages that he retrieved from the Internet Archive.

Mr. Wright will also offer testimony concerning the mechanics of webpages, html code andsearch engine results based on webpage data, including meta-tags/alt-tags.

Prescott, Laurance Ph.D. Clearline will call Dr. Prescott live at trial.

Accumyn Consulting

1415 Congress Street, Suite 200Houston, Texas 77002

682.551.6613

Dr. Prescott is an economist and an expert in the areas of intellectual property, economic and

financial damage claim computations, valuation analysis, risk management and econometric andstatistical analytics. He is expected to testify regarding Clearlines past and future damages. The

full extent of the subject matter and areas of Dr. Prescotts testimony may be found in Plaintiffs

prior designations of Mr. Prescott and his written reports and supplements.

Turner, Robert Clearline may call Mr. Turner live at trial.

McDole Kennedy & Williams PC

1700 Pacific AvenueSuite 1280

Dallas, Texas 75201

(214) 979-1122

Cunningham, M. Ross Clearline will call Mr. Cunningham live at trial.

Rose Walker3500 Maple Ave., Suite 900

Dallas, TX 75219

214.752.8600

Mr. Cunningham is a partner with the law firm of Rose Walker, L.L.P. and will testify as to the

reasonableness and necessity of the attorneys fees and expenses incurred during the pendency of



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this case. Mr. Cunninghams opinions and the basis for those opinions has been previously

provided in disclosures.

Katz, Robert Clearline may call Mr. Katz live at trial.

Katz, PLLC

2908 Rosedale Ave.Dallas, TX 75205

(469) 278.5999

Mr. Katz is a member with the law firm of Katz, PLLC and may testify as to the reasonableness

and necessity of the attorneys fees and expenses incurred during the pendency of this case. Mr.

Katzs opinions and the basis for those opinions has been previously provided in disclosures.

Washburn, Rodney Clearline will call Mr. Washburn by deposition.

General Counsel

DASH

2500 Adie RoadMaryland Heights, MO 63043

(314) 432.3200

Clearline will call Mr. Washburn by deposition on written questions as the custodian of records

for DASH and RB Rubber to prove up the DASH and RB Rubber produced documents ifDefendants will not stipulate to the admissibility of the exhibits for all purposes at trial.

Hilton, Vernon Clearline will call Mr. Hilton by deposition.Director of Purchasing

Rockford Board of EducationSchool District 205

201 South Madison Street

Rockford, Illinois 61104

815-966-3082

Clearline will call Mr. Hilton by deposition on written questions as the custodian of records for

the Rockford Board of Education to prove up the Rockford Board of Education Request for Bidon Supplies for School District 205 if Defendants will not stipulate to the admissibility of the

exhibits for all purposes at trial.

Please see Exhibit 5C attached hereto for Plaintiffs Deposition Designations.



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B. Defendant

The witnesses that Cooper B-Line expects to call at trial:

Brent K. Bersin

10000 Memorial, Suite 300Houston, Texas 77024

(713) 335-5445

Mr. Bersin will offer expert testimony regarding damages and related issues. The substance ofhis testimony is that Plaintiff has not suffered any damages and has not suffered damages in the

amounts to which Defendants expert may testify.

James Burgreen

203 Cooper Circle

Peachtree City, GA 30269(770) 631-2100

Mr. Burgreen will testify about searches allegedly relating to the presence of the C-PORT markon Cooper B-Lines website. The substance of his testimony is that the presence of the C-

PORT mark on Cooper B-Lines website had relatively little, if any, effect on website traffic

and product sales.

Jason Cook

Product Manager, Marketing


Highland, IL 62249

(618) 654-2184

Mr. Cook will testify about Plaintiffs claim that Cooper B-Line has used and continues to use

the C-PORT mark in a trade show catalog and about service and supply issues in Cooper B-

Lines relationship with Plaintiff. The substance of his testimony is that Cooper B-Line did notpublish the trade show catalog or know about the error in the trade show catalog, that it promptly

took action to correct the error upon discovering it, and that the error had no effect on productsales. The substance of his testimony is also that Cooper B-Line suffered significant service and

supply problems with Clearline.

Robert Crain

Cablofil8319 State Route 4Mascoutah, IL 62258

(618) 566-5850

Mr. Crain will testify by deposition about the sales and marketing of the Cablo-Port and

Cablofils relationship with Clearline. The substance of Mr. Crains testimony is that Cablofil



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sells and markets the C-PORT roof top support block under the name of Cablo-Port without

attribution to Clearline and that, based on information received from Clearline, Cablofiladvertises the reflective yellow stripe on the C-PORT roof top support block as a reflective

safety strip to improve visibility. Mr. Crains deposition designations are attached.

Margie DollCooper B-Line, Inc.

509 W. Monroe St.

Highland, IL 62249(618) 654-2184

Ms. Doll will testify about Plaintiffs claim that Cooper B-Line has used and continues to use theC-PORT mark in a trade show catalog. The substance of her testimony is that Cooper B-Line

did not publish the trade show catalog or know about the error in the trade show catalog, and that

it promptly took action to correct the error upon discovering it.

Juan Manuel Herrera, Ph.D., P.E.28 San Marcos

El Paso, Texas 79922-166(915) 534-3995

Dr. Herrera will offer expert testimony regarding the functionality of Clearlines alleged tradedress. The substance of his testimony is that the yellow stripe and black color of the roof top

support blocks are functional.

Chris Peeler


Highland, IL 62249

(618) 654-2184

Mr. Peeler will testify about all aspects of Cooper B-Lines relationship with Plaintiff and about

the development and marketing of the DURA-BLOK roof top support blocks. The substance

of his testimony is that Cooper B-Line developed the DURA-BLOK roof top support blocksand terminated its relationship with Clearline because of service and supply problems, that the

yellow stripe and black color of the roof top support blocks are functional, that no feature of

DURA-BLOK roof top support blocks was developed with the intention of capitalizing on thegoodwill of Clearlines alleged trade dress or trademark, and that Cooper B-Lines ability to sell

and success at selling the roof top support blocks is because of its distribution network and

customer relationships and not because of Clearlines alleged trade dress or trademark.

Alan Price

1128 S. 258th Street

Seattle, WA 98198(253) 228-0725



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Mr. Price will testify by deposition about the sales and marketing of C-Port, Dura-Blok and other

rooftop support products. The substance of his testimony is that Cooper B-Line was the sourcewith which purchasers associated the C-PORT roof top support blocks and that the reflective

yellow striping on both the C-PORT and DURA-BLOK roof top support blocks is

functional. Mr. Prices deposition designations are attached.

David Rice

Cooper B-Line, Inc.

509 W. Monroe St.Highland, IL 62249

(618) 654-2184

Mr. Rice will testify, most likely by deposition about all aspects of Cooper B-Lines relationship

with Plaintiff and about the development and marketing of the DURA-BLOK roof top support

blocks. The substance of his testimony is that Cooper B-Line developed the DURA-BLOK

roof top support blocks and terminated its relationship with Clearline because of service and

supply problems, that the yellow stripe and black color of the roof top support blocks arefunctional, and that no feature of DURA-BLOK roof top support blocks was developed with

the intention of capitalizing on the goodwill of Clearlines alleged trade dress or trademark. Mr.Rices deposition designations are attached.

Mike SwineyCooper B-Line, Inc.

509 W. Monroe St.

Highland, IL 62249(618) 654-2184

Mr. Swiney will testify about Cooper B-Lines website and the presence of the C-PORT mark

on Cooper B-Lines website. The substance of Mr. Swineys testimony is that a single

descriptive reference to C-Port was inadvertently left in the Cooper B-Line has used and

continues to use the C-PORT mark in an alt tag on the website and that this error hadrelatively little, if any, effect on website traffic and product sales.

The witnesses that Cooper B-Line may call at trial if the need arises:

Eric Augustin

Cooper B-Line, Inc.509 West Monroe Street

Highland, Illinois 62249

(618) 654-2184

If necessary, Mr. Augustin will testify about margins and proper costs and expenses to deduct

from Cooper B-Lines revenue from C-PORT products and DURA-BLOK products and

express opinions about the reasonableness and determination of those costs and expenses and thequantity of C-PORT products and DURA-BLOK products sold. The substance of Mr.

Augustins testimony is that certain costs and expenses should be deducted to arrive at



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appropriate margins and profits, that those costs and expenses are reasonable costs and expenses

to deduct and are properly and accurately calculated, and the margins and profits based ondeduction of these costs and expenses are properly and accurately calculated.

Mitchell C. Chaney

COLVIN, CHANEY, SAENZ & RODRIGUEZ, L.L.P.1201 E. Van Buren

P. O. Box 2155

Brownsville, Texas 78522-2155(956) 542-7441

If necessary, Mr. Chaney will offer expert testimony regarding attorneys fees.

Robin L. Harrison

John L. Dagley

Campbell Harrison & Dagley L.L.P.

4000 Two Houston Center909 Fannin Street

Houston, Texas 77010(713) 752-2332

If necessary, Messrs. Harrison and Dagley will offer expert testimony regarding attorneys fees.

Larry Lane

RB Rubber904 N.E. 10th Ave.

McMinnville, OR(503) 434-4454

If necessary, Mr. Lane will testify about the relationship between RB Rubber and Cooper B-Line

and the manufacture of the DURA-BLOK products.

Don Overturf

RB Rubber904 N.E. 10th Ave.

McMinnville, OR

(503) 434-4454

If necessary, Mr. Overturf will testify about the relationship between RB Rubber and Cooper B-

Line and the manufacture of the DURA-BLOK products.

Joe Pace

Cooper B-Line, Inc.

509 W. Monroe St.Highland, IL 62249

(618) 654-2184



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If necessary, Mr. Pace will testify about service and supply problems in Cooper B-Linesrelationship with Clearline and concerning orders, shipment and sales of C-PORT products.

The substance of his testimony is that Cooper B-Line experienced significant service and supply

issues with Clearline.

Rodney Washburn

DASH

2500 Adie Road.Maryland Heights, MO 63043

(314) 432-3200

If necessary, Mr. Washburn will testify about the relationship between RB Rubber and Cooper

B-Line and the manufacture of the Dura-Blok products.

Connie Winkeler


Highland, IL 62249(618) 654-2184

If necessary, Ms. Winkeler will testify about orders, shipment and sales of C-PORT products.The substance of her testimony is that Cooper B-Line experienced significant service and supply

issues with Clearline.

Please see Exhibit 5D attached hereto for Defendants Deposition Designations.

6. Trial(a) This is a jury trial.(b) Plaintiff and Defendant believe that this case will take 5-7 days including voir

dire, opening and closing.

(c) Availability of witnesses.1. Plaintiff has 5 live witnesses who are available during trial.2. Defendant does not anticipate availability problems for any of its witnesses.

7. Additional Required AttachmentsThe portion of the jury charge agreed to by the parties is attached hereto as Exhibit 7.

(a) Plaintiffs proposed jury instructions, definitions, and interrogatories are attachedhereto as Exhibit 7aA.



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Defendants proposed jury instructions, definitions, and interrogatories are

attached hereto as Exhibit 7aB.

(b) Plaintiffs Memorandum of Law is attached hereto as Exhibit 7bA.Defendants Memorandum of Law is attached hereto as Exhibit 7bB.

APPROVAL REQUESTED:

/s/Ross CunninghamM. Ross Cunningham

Attorney-in-charge

Texas Bar No. 24007062

Southern District No. 34405Christopher M. McDowell

Texas Bar No. 24002571SD Bar No. 22801

John P. Pinkerton

Texas Bar No. 16016700

Southern District No. 32459Rose Walker, LLP

3500 Maple Avenue, Suite 900

Dallas, Texas 75219214.752.8600 (Main)

214.752.8700 (Facsimile)[email protected]@rosewalker.com

[email protected]

Robert D. KatzState Bar No. 24057936

Southern District No. 1142686Katz, PLLC

2908 Rosedale Avenue

Dallas, Texas 75205

(469) 278-5999(888) 231-5775 (Facsimile)

[email protected]

ATTORNEYS FOR PLAINTIFF

CLEARLINE TECHNOLOGIES LTD.



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/s/Robin Harrison

Robin HarrisonState Bar No. 09120700

Southern District No. 4556

John Dagley

State Bar No. 05310050Southern District No. 12729

Campbell Harrison & Dagley L.L.P.

4000 Two Houston Center909 Fannin Street

Houston, Texas 77010

713.752.2332

Mitchell Chaney

State Bar No. 04107500

Southern District No. 1918

Colvin, Chaney, Saenz & Rodriguez, LLP1201 East Van Buren 78250

P.O. Box 1155Brownsville, TX 78522

956.542.7441

ATTORNEYS FOR DEFENDANT

COOPER B-LINE, INC.



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Exhibit # Depo Ex.

No.

Bates

Beginning

Bates End Exhibit

Date

Exhibit Description Offered Object

105 Swiney Depo

Exhibits

CL001130 CL001142 Source Code

106 Swiney Depo

Exhibits

CL 000554 CL 000555 Wois Lookup Domain Availibility and Registration

Information

107 CL002725 CL002740 Incontestability affidavit

108 CL000805 CL000824 Clearline Financial Documents & Sales Documents

109 CL000466 CL000466 Clearline Financials 2007 - 2008 & 2008 - 2009

110 CL000105 CL000153 Clearline Advertising & Promotional Documents

111 CL001058 CL001059 Correspondence from Neil Krovats to Marvin Thorarinson

112 CL001078.007 4.9.07 E-mail to Chris Peeler

113 DASH000571 12.16.11 E-mail to Chris Peeler

114 CL001126 CL001129 International Roofing Expo Program Guides

115 CL000545 CL000552 Cooper Website HTML coding

116 CL000560 CL000561 Search Engine Results

117 CL000782 CL000804 Clearline's Annual Sales Figures

118 CL000460 August 2010 Purchase Order

119 CL001500

CL001773

CL001776

CL001887 ALSC Architects Eastern Washington University Project

and supporting Affidavit of J ohn Manning

120 CL001928

CL002016

CL002020

CL002046

CL 002128 Rockford Board of Education Project Documents and

supporting Affidavit of Vernon Hilton

121 CL00542 C-Port Entry on U.S. PTO Principal Register

122 CL001064 CL001069 C-Port Drawings123 BL00496 Dura-Blok Drawings

124 CL000001 CL000002 Correspondence to Cooper B-Line from Erin McNicol

125 CL000003 Correspondence to Erin McNicol from Cooper B-Line

126 CL002430 CL002567 Deposition on Written Questions of Hanley Wood and

exhibits

127 CL002680

CL002912

CL002708

CL002926

Rose Walker Fee Bills

128 CL002895 CL002911 Robert Katz Fee Bills

129 CL002656 CL002660 Patton Roberts Fee Bills

130 CL002678 CL002691 Akins, Macaulay & Thorvaldson Fee Bills

131 Exemplar Clearline C-Port products

132 Exemplar Cooper B-Line Dura-Blok products

133 Exemplar of other competitors' rooftop supports

134 CL002416 CL002419 Building Code Excerpts

135 CL002420 Rooftop Catwalk drawing136 CL002421 CL002429 Fax Blasters

137 CL002568 CL002640 Morden Middle School Roof Replacement Docs

138 CL002661 CL002676 Sales History 2004 - 2005

139 CL002677 Trade Show Retreat

140 National Building Code 22,000 (formerly known as

15,000), which is the section governing pipe and

equipment supports

141 CL000460 Purchase Order

142 C-Port Summary of contribution margin, C-Port Salves by

SKU, Dura-Blok Summary of Contribution margin, and

Dura-Blok Sales by SKU for the period ending J uly 31,

2012

Case 4:11-cv-01420 Document 128-1 Filed in TXSD on 09/24/12 Page


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Exhibit # Depo Ex.

No.

Bates

Beginning

Bates End Exhibit

Date


143 CL002741 CL002894 Cooper Industries plc's 2011 Annual Report, Cooper

Industries plc's 2011 form 10-K, and Cooper Industries plc's

Form 10-Q for the period ending June 30, 2012

144 Official Notice from USPTO of Acceptance and

Acknowledgement under Sections 8 and 165 of the

Trademark Act regarding Trademark Registration No.

3,227,010

145 Cooper's Responses to Request for Admissions Nos. 13,

14, 15146 Cooper's Responses to Request for Admissions Nos. 101,

102

147 Cooper's Responses to Request for Admissions Nos. 118,

119

148 CL001062 E-mails from HC- Yurkiw.pst

149 CL002721 CL002724 B-Line C-Port Brochure BRTS-03R

150 CL001192 CL001202 5.20.08 html code and Cooper webpage








158 BL008231 BL008237 7.12.07 C-Port PowerPoint Presentation

159 Affidavit from DASH with attachments160 L Prescott

Docs

CL 001124 P&L Detail 2007 - 2008

161 L Prescott

Docs

CL 00125 P&L Detail 2006 - 2007

162 L Prescott

Docs

CP Sales by SKU - Quantity Produced 031312

163 L Prescott

Docs

CP Summary and Sales by SKU

164 L Prescott

Docs

DB Sales by SKU - Quantity - Produced 31312

165 L Prescott

Docs

Exhibit D - C-Port Sales by SKU - to Fed R. Civ.P. a-2-c

Disclosures

166 L Prescott

Docs

William G. Barber, "The Recovery of Profits Under the

Lanham Act: Are the District Courts Doing their J ob?",

The Trademark Reporter, (Vol. 82 TMR, pages 173 - 174,

1992

167 L PrescottDocs Davidson, Maher, Stickney and Weil. ManagedAccouning: An Introduction to Concepts, Methods and

Uses. Second Edition. The Dryden Press. 1988

168 L Prescott

Docs

Rooftop Support System is made of recycled rubber.,

Clearline Technologies. Pdf (or

http://news.thomasnet.com/fullstory/Rooftop-Support

system-is-made-of-recycled-rubber-453907

169 L Prescott

Docs

CP-SKU Prod 082212

170 L Prescott

Docs

DB-SKU Prod 082212

171 L Prescott

Docs

CP-SCM Prod 082212



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Exhibit # Depo Ex.

No.

Bates

Beginning

Bates End Exhibit

Date


172 L Prescott

Docs

DB--SCM P rod 082212

173 L Prescott

Docs

TLCOMCON Fed Data

174 L Prescott

Docs

U33HVS

175 L Prescott

Docs

Lieberman M. and D. Montgomery, 'First-mover

advantages', Strategic Management J ournal, Volume 9,

Special Issue: Strategy Content Report, Summer 1988. @

http://www.anderson.ucla.edu/faculty/marvin.lieberman/publications/FMA 1-SMJ 1988.pdf

176 L Prescott

Docs

BL 001190 DuraBlok Rooftop Support System Launch Kit Cross

Reference & List Prices

177 L Prescott

Docs

CL 000047 CL 000048 C-Port Brochure

178 L Prescott

Docs

CL 000077 CL 000092 Dura-Blok brochure BRTS-08

179 L Prescott

Docs

CL 000313 Cooper Pricing and shipping amounts spreadsheet

180 L Prescott

Docs

CL 00374 CL 000411 Sales Report by Customer Detail

181 L Prescott

Docs

CL 00550 Code from webpage

182 L Prescott

Docs

CL 001073 Brochure with product information and size detailing

183 L PrescottDocs

CL 001077 HC 2007 - 2008 P&L B

184 L P rescott DASH 001494 DASH 1507 RB Rubber P roducts, Inc. - Sales History by Location

Docs

185 L Prescott

Docs

DASH 001435 DASH 1495 E-mails produced by RB Rubber P roducts

186 L Prescott

Docs

DASH 001629 DASH 1642 RB Rubber Products, Inc. - Sales History by Location

187 L Prescott

Docs

DB Summary - EXA and Sales by SKU-EXB Produced

12.22.11

188 L Prescott

Docs

Annual Report for Cooper Industries plc (NYSE:CBE)

189 L Prescott

Docs

Base Supports from RTS Rooftop support Systems

available at

http://www.rooftopsupportsystems.com/bases.htm

190 L Prescott

Docs

Cooper D-B Rooftop Support Pages - taken from Cooper

web site

191 L PrescottDocs

Cooper D-B Rooftop support Standalone - taken fromCooper website

192 L Prescott

Docs

Cooper Entire Catalog - taken from Cooper website

193 L Prescott

Docs

Cooper Rooftop Walkways Flyer - taken from Cooper

website

194 L Prescott

Docs

C-port_spec_sheets_2011

195 L Prescott

Docs

TESS Trademark Status sn78748394

196 L Prescott

Docs

The AHR News, July 18, 2005 at

http://www.achrnews.com/articles/print/100029

197 L Prescott

Docs

US Trademark Law - Rules of Practice and Federal

Statutes USPTO



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Exhibit # Depo Ex.

No.

Bates

Beginning

Bates End Exhibit

Date


198 Krovats Depo

Exhibit

Marketing material from B-Line regarding C-Port Rooftop

Support Solution

199 Krovats Depo

Exhibit

C-Port specification sheets for various products

200 Krovats Depo

Exhibit

Marketing material regarding legrand Cablofil rooftop

support systems

201 Krovats Depo

Exhibit

Marketing material from B-Line regarding Dura-Blok

202 Krovats Depo

Exhibit

Advanced Support Products, Inc.'s Specification Sheet for

REC (Rubber EcoCurb)203 Krovats Depo

Exhibit

Specification sheet for RTA KeyCurb Pipe Supports

204 Krovats Depo

Exhibit

Specification sheet for Rooftop Sleeper Support

205 Krovats Depo

Exhibit

Specification sheet for OMG PipeGuard Rooftop Pipe

Supports

206 Krovats Depo

Exhibit

Info on OMG PipeGuard Rooftop Pipe Supports - Safe for

all roof membranes

207 Krovats Depo

Exhibit

Information and specifications for Caddy Pyramid Pipe &

Equipment Supports

208 Krovats Depo

ExhibitSpecification sheet from RoofTooper Rooftop

Supports209 Krovats Depo

Exhibit

Specification sheet from Tremco Rubber Triangle Pipe

Blocks

210 Krovats Depo

Exhibit

2011 Airtec - Equipment Mounting Catalog

211 Krovats DepoExhibit

Specification sheet from DiversiTech - HEF-T SupportSystems

212 Krovats Depo Technical Data Sheet from DiversiTech - Hef-T-Foot

Exhibit

213 Krovats Depo

Exhibit

Unistrut Catalog for Rooftop Pipe Support Systems

214 Krovats Depo

Exhibit

Specification sheet from Big Foot Systems on Fix-it Foot

product

215 Krovats Depo

Exhibit

Specification sheet on Airtec Condenser Support Bracket

from Rectorseal

216 Krovats Depo

Exhibit

CL 000782 CL 000785 7.31.05 Clearline Technologies, Inc. Year End Report -

Accountant's Copy

217 Krovats Depo

Exhibit

CL 000805 CL 000814 7.31.07 Clearline Technologies, Inc. Financial Statements

218 Krovats Depo

Exhibit


219 Krovats Depo

Exhibit


220 Krovats Depo

Exhibit

1.15.07 E-mail from Tom Derrett to Neil Krovats attaching C-Port

C'07 Planning J an 15, '07.ppt; ClearlingCritical Path Nov 6

'06



23/115

Exhibit 4-B




Plaintiff,

No. 4:11-cv-1420

v.

Judge Keith P. Ellison

COOPER B-LINE, INC.

Defendants.

DEFENDANTS COOPER B-LINES EXHIBIT LIST

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONS1 February 11, 2004 E-mail between Mark

McRae and Neil Krovats re Cooper B-

Line Rooftop Specification with CSI C-Port Rooftop spec 2-04.doc attached

2 February 2004 E-Mail string between

Mark McRae, Neil Krovats, and Bill

Lampen re Cooper B-Line Rooftop

Specification

3 February 2004 E-mail string between

Robert Crain, Mark McRae, BillLampen, and Neil Krovats re Cooper B-

Line Rooftop Specification

4 February 2004 Email string between Neil

Krovats and Mark McRae re Cooper B-

Line Rooftop Specification

5 April 11, 2006 Meeting Notice

6 Meeting Notes from TMVP Meeting C-

Port 6/28

7 Clearline Technologies Main Plan

8 The Project Gallery Presentation

9 CBL58HighlandRice: C-Port Rooftop

Mount Lead Time Reduction

Presentation

10 September 13, 2006 E-Mail String

between Joe Pace, Chris Peeler and JasonCook re Shipping expectations

Case 4:11-cv-01420 Document 128-2 Filed in TXSD on 09/24/12 Page 1 of 7


24/115

2

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONS11 September 2006 E-Mail String between

Greg Libbrecht, Neil Krovats, and ChrisPeeler re Mini-Port/Airport

12 October 2006 E-Mail String between Lori

Hager ([email protected]) andJeffrey Dodd re building for the week

13 October 24, 2006 E-Mail string betweenGreg Libbrecht, Chris Peeler, Joe Pace,

and Jeffrey Dodd re C-Port Backlog

14 November 2006 E-Mail String between

Tom Derrett and Chris Peeler re Air-

Port and Mini-Port Follow Up

15 November 22, 2006 E-Mail between

Tom Derrett, Chris Peeler, GregLibbrecht, and Neil Krovats re Letter to

your sales staff with letter attached16 January 15, 2007 E-mail between Tom

Derrett and Neil Krovats with Clearline

2007 Sales Plan attached

17 February 26, 2007 E-Mail String

between Jeffrey Dodd and Chris Peeler

re Production Planning

18 February 27, 2007 E-Mail String

between Tom Derrett and Neil Krovats

19 April 2, 2007 E-Mail String between

Tom Derrett and Chris Peeler re C-Port

20 April 25, 2007 E-Mail String betweenNeil Krovats and Tom Derrett reClearline-Cooper call

21 C-Port Blog

22 May 29, 2007 E-Mail String between Joe

Pace and Greg Libbrecht re OPEN

ORDER REPORT CLEARLINE

23 May 29, 2007 E-Mail String between

Connie Winkeler, Andy Tebbe, ChrisPeeler, Ken Kampwerth, David Cibula,

and Joe Pace re C10s

24 May 29, 2007 E-Mail String between JoePace and Greg Libbrecht re OPEN

ORDER REPORT CLEARLINE

25 June 8, 2007 E-Mail between Gerald

Hogen, Joe Pace, and Chris Peeler re

Copy of CL open orders 6 4 2007 withspreadsheet attached

26 June 20, 2007 E-Mail between Joe Pace,Greg Libbrecht, Gerald Hogan, Chris



25/115

3

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONSPeeler, Jason Cook, and Connie

Winkeler re Clearline hot list withspreadsheet attached

27 June 27, 2007 E-Mail from Tom Derrett

to Neil Krovats re Cooper Issues28 June 2007 E-Mail String between Tom

Derrett and Chris Peeler re Serviceissues

29 July 2007 E-Mail String between JoePace, Chris Peeler, David Cibula, and

Connie Winkeler re C-Port Price

Increase

30 July 9, 2007 E-Mail String between Dave

Rice and Chris Peeler re ClearlinesContact Info

31 July 10, 2007 E-Mail between Joe Pace,Gerald Hogan, Connie Winkeler, and

Chris Peeler re C10 Status

32 July 10, 2007 E-Mail between GregLibbrecht, Joe Pace, Gerald Hogan, Chris

Peeler, and Connie Winkeler re C10

Status

33 July 2007 E-Mail String between Joe

Pace and Chris Peeler re Next 3Months

34 August 2, 2007 E-Mail between Joe

Pace, Gerald Hogan, Connie Winkeler,and Chris Peeler re CBL Past due HOT

list

35 August 9, 2007 5:02 AM E-Mail

between Greg Libbrecht, Joe Pace,Gerald Hogan, Chris Peeler, and Connie

Winkeler re Clearline Aug 9 Shipment

Schedule.xls

36 August 9, 2007 1:29 PM E-Mail between

Greg Libbrecht, Joe Pace, Gerald Hogan,

Chris Peeler, and Connie Winkeler re

Clearline Aug 9 ShipmentSchedule.xls

37 August 2007 E-Mail String between Joe

Pace, Greg Libbrecht, Gerald Hogan,

Connie Winkeler, Chris Peeler, and

Jason Cook re Clearline Aug 9Shipment Schedule.xls

38 August 13, 2007 E-Mail between Joe

Pace, Gerald Hogan, Connie Winkeler,



26/115

4

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONSand Chris Peeler re Open order update

39 August 14, 2007 E-Mail between Greg

Libbrecht, Joe Pace, Chris Peeler, and

Gerald Hogan re Production Output

40 August 14 & 15, 2007 E-Mail Stringbetween Chris Peeler and Lori Hager re

Call

41 August 15, 2007 E-Mail String between

Jason Cook, Joe Pace, Gerald Hogan,Connie Winkeler, and Chris Peeler re

Clearline past due


Joe Pace and Chris Peeler re Shipment

Friday Aug 17


Greg Libbrecht, Joe Pace, Gerald HoganJason Cook, and Chris Peeler re

Production scheduling to CBL

requirements


Jerry Masterson, Paul Pinnacle, Chris

Peeler, Andy Tebbe re C10/C20/CXP

45 September 2007 E-Mail String between

Gerald Hogan, Joe Pace, Greg Libbrecht,Connie Winkeler, and Chris Peeler re

This weeks shipments

46 September 2007 E-Mail String betweenJoe Pace, Jason Cook, and Chris Peeler

re This weeks shipments

47 September 2007 E-Mail String between

Greg Libbrecht, Joe Pace, Gerald Hogan,Connie Winkeler, Neil Krovats, Jason

Cook and Chris Peeler re Updates???

48 September 18, 2007 E-Mail Stringbetween Joe Pace, Gerald Hogan, Connie

Winkeler, Greg Libbrecht, and Chris

Peeler re Shipped Friday Sept 14

49 September 21, 2007 E-Mail between JoePace, Gerald Hogan, Connie Winkeler,and Chris Peeler re CL Shipping

schedule for today

50 September 26, 2007 E-Mail String

between Chris Peeler, Dave Rice, and

Gary Griesbaum re rb rubber

51 October 23, 2007 E-Mail String between

Dave Rice and Chris Peeler re 3M



27/115

5

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONSreflective tape

52 October 23, 2007 E-Mail String between

Don Overturf, Chris Peeler, and Dave

Rice re 3M reflective tape

53 October 31, 2007 E-Mail String betweenJoe Pace, Gerald Hogan, Connie

Winkeler, Greg Libbrecht, and ChrisPeeler re Shipped Tuesday Oct 30

54 November 2, 2007 E-Mail Stringbetween Joe Pace, Gerald Hogan, Chris

Peeler, Connie Winkeler, and Jason cook

re Shipped Tuesday Oct 30

55 November 21, 2007 Meeting Notice

56 Dura-Blok Drawing

57 Dura-Blok Drawing

58 November 29, 2007 E-Mail Stringbetween Chris Peeler, Dave Rice, and

Gary Griesbaum re meeting notes

59 January 2008 E-Mail String between JoePace, Jason Cook and Chris Peeler re

Shipped Friday, Jan 4

60 January 2008 E-Mail String between Joe

Pace and Chris Peeler re ShippedFriday, Jan 4

61 January 15, 2008 E-Mail String between

Ed Caperton, Chris Peeler, Dave Rice,

and Andy Kamm re test for tape to stickto block

62 Dura-Blok New Product Selling

Summary

63 February 28, 2008 E-Mail Stringbetween John Scime, George Dowse, and

Chris Peeler re Dura Blok

64 May 1, 2008 E-Mail between Mike

Swiney and Chris Peeler re Dura-Blok(BRTS-08) Website"

65 May 2008 E-Mail String between Mike

Swiney, Chris Peeler, John Bursich, RobSmith, and Martin Witherbee re Dura-

Blok (BRTS-08) Website

66 May 2008 E-Mail String between MikeSwiney, Chris Peeler, and John Bursich

re Dura-Blok (BRTS-08) Website"

67 May 15, 2008 E-Mail String between

Tom Fox and Chris Peeler re

Introducing Cooper B-Lines Dura-Blok



28/115

6

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONSRooftop Support System

68 Dura-Blok Introduction Memo

69 May 2008 E-Mail String between B-Line

U.S. and Chris Peeler re Introducing

Cooper B-Lines Dura-Blok RooftopSupport System

70 December 8, 2008 MiFab Letter

71 June 4, 2008 E-Mail between TammyAntonille, Chris Pickard, and Chris

Peeler re C-Port to Dura-Blok

72 November 4, 2009 E-Mail from Michael

Whiteside to Neil Krovats re B-Line

Case

73 November 2009 E-mail String between

MaryAnn Pasick, Chris Peeler, and

Margie Doll re Emailing:sendbinary74 February 2011 E-Mail String between

Jason Cook, Chris Peeler, and MargieDoll re Roofing company description

75 November 23, 2010 Email from Margie

Doll to Jason Cook re DURA-BLOK

Brand Website Page-Verbiage review

76 November 23, 2010 Email from MargieDoll to Jason Cook re DURA-BLOK

Brand Website Page-Verbiage review

77 November 23, 2010 Email from Jason

Cook to Margie Doll re DURA-BLOKBrand Website Page-Verbiage review

78 November 23, 2010 Email from Jason

Cook to Margie Doll re DURA-BLOKBrand Website Page-Verbiage review

79 Image of B-Line Rooftop Support

80 B-Line C-Port Rooftop Supports

presentation

81 Cooper B-Line C-Port Brochure BRTS-

03

82 C-Port Brochure Mars

83 Cooper B-Line C-Port Brochure BRTS-03R

84 Cooper B-Line C-Port Brochure BRTS-04

85 Cooper B-Line C-Port Brochure BRTS-04R

86 EC&M Article




29/115

7

NO. DESCRIPTION OFFERED ADMITTED OBJECTIONS07


07

89 Dura-Blok Brochure BRTS-08

90 Dura-Blok Brochure BRTS-0891 Dura-Blok Brochure

92 Dura-Blok Brochure

93 C-Port Brochure

94 C-Port Spec Sheets

95 MiFab C-Port Brochure August 3,2009

96 MiFab C-Port Brochure 2011

97 C-Port MiFab Presentation

98 Haydon C-Port Brochure

99 Haydon H-Block Brochure July 2012

100 LeGrand/Cablofil Brochure



103 GNR Brochure

104 GNR Home Park It Brochure

105 GNR Park-It Brochure

106 GNR Parking Lot Safety SolutionsBrochure

107 3M Online Product Catalog

108 RoofTop Accessories Brochure

109 KeyCurb Spec Sheets110 Advanced Support Products Spec Sheets

111 PipeGuard Brochure

112 RoofTopper Brochure

113 Rooftop Sleeper Support Brochure

114 Fix-It Foot Brochure

115 Hef-T-Foot Brochure

116 Erico Caddy Brochure

117 Dura-Blok Web Page Screen

118 Keyword Search Report


120 Keyword Search Report121 Keyword Search Report


Cooper B-Line reserves the right to identify any additional exhibits as necessary and

permitted by all applicable authority.



30/115

EXHIBIT 5A

Plaintiffs Trial Witness List

Burgreen, JamesCrain, Bob

Krovats, Neil

Moeller, LindseyPeeler, Chris

Price, Alan

Rice, DaveSwiney, Mike

Wright, Tony

Prescott, Laurance Ph.D.

Turner, Robert

Cunningham, M. RossKatz, Robert

Washburn, RodneyHilton, Vernon



31/115

EXHIBIT 5B




Plaintiff,

No. 4:11-cv-1420v.

JURY DEMANDED

COOPER B-LINE, INC. COOPER INDUSTRIES PLC, and

COOPER TECHNOLOGIES

COMPANY,

Defendants.

DEFENDANT COOPER B-LINES WITNESS LIST

The witnesses that Cooper B-Line expects to call at trial:

Brent K. Bersin

James Burgreen

Jason Cook

Robert Crain

Margie Doll

Juan Manuel Herrera, Ph.D., P.E.

Chris Peeler

Alan Price

David Rice

Mike Swiney



32/115

The witnesses that Cooper B-Line may call at trial if the need

arises:

Eric Augustin

Mitchell C. Chaney

Robin L. Harrison

John L. Dagley

Larry Lane

Don Overturf

Joe Pace

Rodney Washburn

Connie Winkeler

In the event that there are any other witnesses to be called at the

trial, their names, addresses, and the subject matter of their testimony

shall be reported to opposing counsel as soon as they are known. This

restriction shall not apply to rebuttal or impeaching witnesses, the necessity

of whose testimony cannot reasonably be anticipated before the time of trial.



33/115

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7 3 7 8

13 16 13 22

14 5 14 16

24 12 24 25

25 17 25 24

26 20 27 17

29 10 32 1

34 23 36 6

41 4 42 25

69 19 70 15

EXHIBIT 5C

CLEARLINE'S DEPOSITION DESIGNATIONS

Witness: James Burgreen

Date of Depositi on: 4.25.12

INITIAL DESIGNATIONS COUNTER-DESIGNATIONS REB



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22 8 23 8

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36 15 36 21

37 24 39 19

42 3 42 12

42 18 42 23

43 5 43 18

44 1 45 19

46 4 46 13

47 22 48 450 11 50 17

51 2 51 21

52 15 52 25

53 3 55 5

55 12 56 22

62 25 63 10

64 15 65 7

66 9 66 15

67 12 67 22

68 10 68 23

69 7 70 3

Witness: Robert Crain

Date of Depositi on: 4.24.12

INITIAL DESIGNATIONS COUNTER-DESIGNATIONS REB



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13 5 14 6

42 24 44 12

46 5 46 18

47 13 48 6

48 21 49 4

60 24 64 2

65 7 66 4

66 16 67 21

68 21 69 2

69 8 71 10

75 9 75 14

76 1 79 16

79 23 82 18

82 22 85 21

86 7 86 18

122 21 123 23

129 14 129 22

130 10 131 2

131 22 132 7

132 21 133 21

136 1 137 5

137 13 142 4

143 6 143 21

145 15 146 4

146 19 147 5

147 25 148 13

149 4 149 16

150 24 153 10

154 17 156 15

157 10 157 21

158 1 160 17

164 18 165 21

166 7 167 2

168 22 170 9

180 5 185 20

182 10 182 17

183 18 186 4

187 4 193 17

192 5 193 17

194 1 197 11

206 10 208 23

ate of Deposition: 4.12.12

itness: Chris Peeler

INITIAL DESIGNATIONS COUNTER-DESIGNATIONS



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209 24 210 8210 11 210 21

211 2 211 21

212 14 213 8

215 7 215 11

215 14 218 18

221 15 223 13

224 14 224 18

225 4 225 22

227 19 227 25

229 2 230 6

230 19 232 8

233 2 233 12

233 22 234 21

235 5 235 16

236 8 236 14

238 11 239 1

240 5 240 13

241 24 242 14

243 10 246 23

247 15 248 2

248 9 249 19

251 24 253 13

254 15 255 8

255 17 257 18

258 1 258 8

259 18 260 7

270 9 273 18

275 13 277 19

278 8 278 18

281 3 282 3

283 8 285 16

286 19 287 4

289 10 291 14

293 14 295 2

295 15 296 14

299 4 299 19

299 25 301 3

301 10 304 1

306 19 311 2

311 11 312 17

313 10 314 25

323 4 323 24



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324 23 327 2348 12 351 12

351 25 352 10



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5 6 5 1110 22 11 17

12 7 12 12

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13 20 14 25

15 11 16 7

17 2 18 17

19 5 20 22

21 1 21 21

22 17 23 3

23 15 24 6

24 19 25 16

26 4 27 11

30 4 31 2

31 16 32 19

33 12 34 5

34 14 35 2

50 9 51 11

72 11 73 21

107 10 107 16

109 21 111 6

itness: Alan Price

ate of Deposition : 2.3.12




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6 9 6 137 12 8 8

11 6 12 6

12 16 13 21

14 20 15 21

16 20 17 4

18 20 21 7

21 18 22 5

23 23 26 1

31 2 32 19

34 20 36 22

37 10 38 21

42 16 43 8

43 25 44 15

45 18 47 24

50 1 50 10

51 11 51 18

61 3 61 9

61 22 62 12

63 2 63 8

64 15 64 20

67 12 68 19

69 12 69 18

82 3 82 13

84 3 84 12

84 22 85 7

86 22 87 18

88 15 88 21

88 23 88 23

89 20 90 24

91 25 92 5

98 12 99 17

99 23 103 4

104 17 105 1

108 23 109 25

112 24 113 15

119 22 120 6

120 10 120 23

122 1 122 15

134 22 135 11

138 24 139 16

140 4 140 13

145 6 148 2

itness: David Rice





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148 20 149 2150 1 150 5

151 11 152 16

154 5 154 20

155 14 155 19

156 25 157 6

158 3 159 4

159 14 159 24

160 7 161 7

161 11 165 19

166 9 167 17

171 3 172 6

177 1 183 17

184 4 184 24

186 19 186 22

188 6 189 22

191 12 192 18

193 5 193 11

198 16 199 24

200 9 200 17

201 15 201 23

202 5 202 14

202 25 203 20

204 18 205 22

206 10 206 16

207 15 207 24

208 17 209 8

212 22 214 5

214 18 215 10

217 15 218 2

219 5 221 11

222 13 222 25

223 8 223 17

226 11 226 25

230 7 231 7

235 3 238 17

240 11 242 21

243 6 243 14

243 18 243 25

245 6 246 17

247 9 248 7

250 15 250 24

251 18 251 25



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252 12 253 13254 6 255 4

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6 16 7 37 15 8 11

8 15 9 9

9 16 9 25

20 4 20 24

21 7 22 21

23 1 24 20

30 5 30 10

30 25 31 1

31 10 32 20

33 1 33 11

34 24 35 24

39 11 39 23

42 1 44 12

44 23 47 9

47 24 48 13

55 5 55 23

58 24 61 24

76 8 77 6

77 24 78 12

78 20 79 18

79 25 80 22

81 10 83 25

94 11 94 21

95 2 95 10

95 21 95 25

96 4 97 10

97 19 98 4

101 15 102 19

104 13 105 19

106 7 107 6

125 18 126 13

127 10 128 6

131 19 132 9

134 19 136 7

itness: Michael Swiney





43/115

EXHIBIT 5D




Plaintiff,

No. 4:11-cv-1420v.

JURY DEMANDED

COOPER B-LINE, INC. COOPER INDUSTRIES PLC, and

COOPER TECHNOLOGIES

COMPANY,

Defendants.

DEFENDANT COOPER B-LINES DEPOSITION DESIGNATIONS

ROBERT M. CRAIN

START STOP

Page 5, Line 17 Page 5, Line 18




Page 10, Line 9 Page 11, Line 2Page 11, Line 10 Page 11, Line 14


















44/115




DAVE RICE

START STOP

























ALAN PRICE

START STOP



Page 10, Line 22 Page 11Line, 1







45/115

















Show Ex. 4







Show Exs. 5&6





Cooper B-Line reserves the right to make cross-designations and any additional

designations as necessary and permitted by all applicable authority.



46/115

JOINT PROPOSED JURY INSTRUCTIONS AND QUESTIONS 1

EXHIBIT 7



HOUSTON DIVISION


Plaintiff,

v.

COOPER B-LINE, INC., ET AL.,

Defendants.

CIVIL ACTION NO. 4:11-CV-1420

PLAINTIFFS AND DEFENDANTS JOINT PROPOSED

JURY INSTRUCTIONS AND SPECIAL VERDICT FORM

Plaintiff Clearline Technologies Ltd. (Clearline) and Defendant Cooper B-Line, Inc.

submit these Joint Proposed Jury Instructions and Special Verdict form.1

Pursuant to the Courts

Procedures, those parts that the parties cannot agree upon will be submitted separately. The

parties reserve the right to supplement, amend, or withdraw any submission based on the

evidence presented at trial, and to object to any submission.

1

See Procedures of Judge Keith P. Ellison at 78.



47/115


GENERAL INSTRUCTIONS

Introduction2

Members of the Jury, you have heard the evidence in this case. I will now instruct you on

the law that you must apply. It is your duty to follow the law as I give it to you. On the otherhand, you, the jury, are the judges of the facts. Do not consider any statement that I have made

in the course of trial or make in these instructions as an indication that I have any opinion about

the facts of this case.

After I instruct you on the law, the attorneys will have an opportunity to make their

closing arguments. Statements and arguments of the attorneys are not evidence and are not

instructions on the law. They are intended only to assist the jury in understanding the evidenceand the parties contentions.

Answer each question from the facts as you find them. Do not decide who you thinkshould win and then answer the questions accordingly. Do not let bias, prejudice, or sympathy

play any part in your deliberations. Your answers and your verdict must be unanimous.

Burden of Proof3

You must answer all questions from a preponderance of the evidence. By this is meantthe greater weight and degree of credible evidence before you. In other words, a preponderance

of the evidence just means the amount of evidence that persuades you that a claim is more likely

so than not so. In determining whether any fact has been proved by a preponderance of theevidence in this case, you may, unless otherwise instructed, consider the testimony of all

witnesses, regardless of who may have called them, and all exhibits received in evidence,

regardless of who may have produced them.

Witness Testimony4

In determining the weight to give to the testimony of a witness, you should ask yourself

whether there was evidence tending to prove that the witness testified falsely concerning someimportant fact, or whether there was evidence that at some other time the witness said or did

something, or failed to say or do something, that was different from the testimony the witness

gave before you during the trial.

You should keep in mind, of course, that a simple mistake by a witness does not

necessarily mean that the witness was not telling the truth as he or she remembers it, becausepeople may forget some things or remember other things inaccurately. So, if a witness has made

a misstatement, you need to consider whether that misstatement was an intentional falsehood or

2

Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.3Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.4Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.



48/115


simply an innocent lapse of memory; and the significance of that may depend on whether it has

to do with an important fact or with only an unimportant detail.

Evidence5

While you should consider only the evidence in this case, you are permitted to draw suchreasonable inferences from the testimony and exhibits as you feel are justified in the light of

common experience. In other words, you may make deductions and reach conclusions that

reason and common sense lead you to draw from the facts that have been established by thetestimony and evidence in the case.

The testimony of a single witness may be sufficient to prove any fact, even if a greaternumber of witnesses may have testified to the contrary, if after considering all the other evidence

you believe that single witness.

There are two types of evidence that you may consider in properly finding the truth as to

the facts in the case. One is direct evidence such as testimony of an eyewitness. The other isindirect or circumstantial evidence the proof of a chain of circumstances that indicates the

existence or nonexistence of certain other facts. As a general rule, the law makes no distinctionbetween direct and circumstantial evidence, but simply requires that you find the facts from a

preponderance of all the evidence, both direct and circumstantial.

Expert Witnesses6

When knowledge of technical subject matter may be helpful to the jury, a person who hasspecial training or experience in that technical field he is called an expert witness is permitted

to state his opinion on those technical matters. However, you are not required to accept thatopinion. As with any other witness, it is up to you to decide whether to rely upon it.

In deciding whether to accept or rely upon the opinion of an expert witness, you may

consider any bias of the witness, including any bias you may infer from evidence that the expertwitness has been or will be paid for reviewing the case and testifying, or from evidence that he

testifies regularly as an expert witness and his income from such testimony represents a

significant portion of his income.

Deposition Testimony7

During the course of trial, certain testimony was presented to you through deposition. A

deposition is the sworn, recorded answers to questions asked a witness in advance of the trial.

Under some circumstances, if a witness cannot be present to testify from the witness stand, thatwitness' testimony may be presented, under oath, in the form of a deposition. Some time before

this trial, attorneys representing the parties in this case questioned this witness under oath. A

5

Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.6Authorities: Fifth Circuit Pattern Jury Instructions Civil, 2.19, 3.1.7Authorities: Fifth Circuit Pattern Jury InstructionsCivil, 2.23 (modified).



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court reporter was present and recorded the testimony. This deposition testimony is entitled to

the same consideration and is to be judged by you as to credibility and weighed and otherwiseconsidered by you insofar as possible in the same way as if the witness had been present and had

testified from the witness stand in court.



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[The parties have not been able to agree at this time on certain of the proposed instructions.Pursuant to the Courts procedures, Clearline and Cooper will submit a series of instructions

by separate filings. Clearlines proposed instructions include Proposed Instructions Nos. 1-14

in its submission, and Coopers proposed instructions will be in Parts II and III of itssubmission.]



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[The Proposed Instruction No. 15 below is Part IV of Coopers submission, and the substanceof this submission is agreed to by the parties.]

PROPOSED INSTRUCTION NO. 15INSTRUCTIONS FORDELIBERATIONS

These instructions are given to you as a whole, and you are not to single out one

instruction alone as stating the law, but must consider the instructions as a whole. You have

heard all of the evidence in the case and you have heard the argument of counsel.

You must perform your duties as jurors without bias or prejudice as to any party. The law

does not permit you to be controlled by sympathy, prejudice, or public opinion. All partiesexpect that you will carefully and impartially consider all the evidence, follow the law as it is

now being given to you, and reach a just verdict, regardless of the consequences.

It is your sworn duty as jurors to discuss the case with one another in an effort to reach

agreement if you can do so. Each of you must decide the case for yourself, but only after fullconsideration of the evidence with the other members of the jury. While you are discussing the

case, do not hesitate to re-examine your own opinion and change your mind if you becomeconvinced that you are wrong. However, do not give up your honest beliefs solely because the

others think differently or merely to finish the case.

Remember that in a very real way you are the judgesjudges of the facts. Your only

interest is to seek the truth from the evidence in the case. You should consider and decide this

case as a dispute between persons of equal standing in the community, of equal worth, andholding the same or similar stations in life. A corporation is entitled to the same fair trial as a

private individual. All persons, including corporations and other organizations, stand equalbefore the law and are to be treated as equals.

When you retire to the jury room to deliberate on your verdict, you may take this charge

with you as well as exhibits which the Court has admitted into evidence. Select your Forepersonand conduct your deliberations. If you recess during your deliberations, follow all of the

instructions that the Court has given you regarding your conduct during the trial. After you have

reached your unanimous verdict, your Foreperson is to fill in the form with your answers to thequestions. Do not reveal your answers until such time as you are discharged, unless otherwise

directed by me. You must never disclose to anyone, not even to me, your numerical division on

any question.

Any notes that you have taken during this trial are only aids to memory. If your memory

should differ from your notes, then you should rely on your memory and not on the notes. Thenotes are not evidence. A juror who has not taken notes should rely on his or her independent

recollection of the evidence and should not be unduly influenced by the notes of other jurors.

Notes are not entitled to any greater weight than the recollection or impression of each juror

about the testimony.



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If you want to communicate with me at any time, please give a written message or

question to the Court Security Officer, who will bring it to me. I will then respond as promptly aspossible either in writing or by having you brought into the courtroom so that I can address you

orally. I will always first disclose to the attorneys your question and my response before I answer

your question.

After you have reached a verdict, you are not required to talk with anyone about the case

unless the Court orders otherwise. You may now retire to the jury room to deliberate.



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SPECIAL VERDICT FORM

[The jury questions on the special verdict form could not be agreed to by the parties, and will

be addressed in separate submissions by Clearline and Cooper.]



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PLAINTIFF CLEARLINE TECHNOLOGIES LTD.S PROPOSED JURY INSTRUCTIONS AND QUESTIONS 1

EXHIBIT 7aA



HOUSTON DIVISION


Plaintiff,

v.

COOPER B-LINE, INC., ET AL.,

Defendants.

CIVIL ACTION NO. 4:11-CV-1420

PLAINTIFFS PROPOSED

JURY INSTRUCTIONS AND SPECIAL VERDICT FORM

Plaintiff Clearline Technologies Ltd. (Clearline) submits these Proposed Jury

Instructions and Special Verdict form.1

Clearline reserves the right to supplement, amend, or

withdraw any submission based on the evidence presented at trial, and to object to any

submission.

1See Procedures of Judge Keith P. Ellison at 78.



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GENERAL INSTRUCTIONS

Introduction2

Members of the Jury, you have heard the evidence in this case. I will now instruct you on

the law that you must apply. It is your duty to follow the law as I give it to you. On the otherhand, you, the jury, are the judges of the facts. Do not consider any statement that I have made

in the course of trial or make in these instructions as an indication that I have any opinion about

the facts of this case.

After I instruct you on the law, the attorneys will have an opportunity to make their

closing arguments. Statements and arguments of the attorneys are not evidence and are not

instructions on the law. They are intended only to assist the jury in understanding the evidenceand the parties contentions.

Answer each question from the facts as you find them. Do not decide who you thinkshould win and then answer the questions accordingly. Do not let bias, prejudice, or sympathy

play any part in your deliberations. Your answers and your verdict must be unanimous.

Burden of Proof3

You must answer all questions from a preponderance of the evidence. By this is meantthe greater weight and degree of credible evidence before you. In other words, a preponderance

of the evidence just means the amount of evidence that persuades you that a claim is more likely

so than not so. In determining whether any fact has been proved by a preponderance of theevidence in this case, you may, unless otherwise instructed, consider the testimony of all

witnesses, regardless of who may have called them, and all exhibits received in evidence,

regardless of who may have produced them.

Witness Testimony4

In determining the weight to give to the testimony of a witness, you should ask yourself

whether there was evidence tending to prove that the witness testified falsely concerning someimportant fact, or whether there was evidence that at some other time the witness said or did

something, or failed to say or do something, that was different from the testimony the witness

gave before you during the trial.

You should keep in mind, of course, that a simple mistake by a witness does not

necessarily mean that the witness was not telling the truth as he or she remembers it, becausepeople may forget some things or remember other things inaccurately. So, if a witness has made

a misstatement, you need to consider whether that misstatement was an intentional falsehood or

2Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.

3Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.4Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.



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simply an innocent lapse of memory; and the significance of that may depend on whether it has

to do with an important fact or with only an unimportant detail.

Evidence5

While you should consider only the evidence in this case, you are permitted to draw suchreasonable inferences from the testimony and exhibits as you feel are justified in the light of

common experience. In other words, you may make deductions and reach conclusions that

reason and common sense lead you to draw from the facts that have been established by thetestimony and evidence in the case.

The testimony of a single witness may be sufficient to prove any fact, even if a greaternumber of witnesses may have testified to the contrary, if after considering all the other evidence

you believe that single witness.

There are two types of evidence that you may consider in properly finding the truth as to

the facts in the case. One is direct evidence such as testimony of an eyewitness. The other isindirect or circumstantial evidence the proof of a chain of circumstances that indicates the

existence or nonexistence of certain other facts. As a general rule, the law makes no distinctionbetween direct and circumstantial evidence, but simply requires that you find the facts from a

preponderance of all the evidence, both direct and circumstantial.

Expert Witnesses6

When knowledge of technical subject matter may be helpful to the jury, a person who hasspecial training or experience in that technical field he is called an expert witness is permitted

to state his opinion on those technical matters. However, you are not required to accept thatopinion. As with any other witness, it is up to you to decide whether to rely upon it.

In deciding whether to accept or rely upon the opinion of an expert witness, you may

consider any bias of the witness, including any bias you may infer from evidence that the expertwitness has been or will be paid for reviewing the case and testifying, or from evidence that he

testifies regularly as an expert witness and his income from such testimony represents a

significant portion of his income.

Deposition Testimony7

During the course of trial, certain testimony was presented to you through deposition. A

deposition is the sworn, recorded answers to questions asked a witness in advance of the trial.

Under some circumstances, if a witness cannot be present to testify from the witness stand, thatwitness' testimony may be presented, under oath, in the form of a deposition. Some time before

this trial, attorneys representing the parties in this case questioned this witness under oath. A

5Authorities: Fifth Circuit Pattern Jury Instructions Civil, 3.1.

6Authorities: Fifth Circuit Pattern Jury Instructions Civil, 2.19, 3.1.7Authorities: Fifth Circuit Pattern Jury InstructionsCivil, 2.23 (modified).



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court reporter was present and recorded the testimony. This deposition testimony is entitled to

the same consideration and is to be judged by you as to credibility and weighed and otherwiseconsidered by you insofar as possible in the same way as if the witness had been present and had

testified from the witness stand in court.



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PLAINTIFF CLEARLINE TECHNOLOGIES L