Interference No. 103,414
APPENDIX - ELLIS'S STATEMENT OF FACTS
Ellis's Statement of Facts (E.Br. 4-14) reads as
follows, with our headings inserted in brackets:
[Background]
1. Southco is in the business of designing
and manufacturing latches and access hardware
for customers worldwide and has specialized
in the design of expanding rivets since 1945
(O'Rourke, ER 1:5-7). Unistrut is in the
business of manufacturing metal framing and
has been a long time customer of Southco
since at least the 1960's[,] purchasing
various types of expanding rivets designed by
Southco for use with Unistrut metal framing
(O'Rourke, ER 1:8-12).
2. In June 1992 Southco was engaged in an
effort to design for Unistrut an expanding
rivet for Unistrut's “Telestrut” telescoping
strut system (O'Rourke, ER 1:13-15).
[Problems with the pre-existing rivet]
3. On June 8, 1992, Mr. Paul M. O'Rourke,
Manufacturer's Representative for Southco
(O'Rourke, ER 1:1-4), received a telephone
call from Mr. Thomas D. Wright, Sales Manager
for Unistrut[,] concerning the performance of
rivets which had been previously supplied by
Southco to Unistrut. Mr. Wright informed Mr.
O'Rourke that the rivets previously supplied
by Southco did not satisfy certain
requirements imposed by Unistrut's
“Telestrut” telescoping strut system
(O'Rourke ER 2:1-6). Mr. O'Rourke's
handwritten memorandum of the telephone call
with Mr. Wright is identified as “Ellis
Exhibit 1”.
4. On June 9, 1992, Mr. O'Rourke received
from Mr. Wright a handwritten letter together
with samples of the Unistrut tubes with the
previously supplied rivets illustrating the
conditions which Unistrut desired the rivets
to meet and the failure of those rivets to
satisfy the requirements (O'Rourke, ER 2:7-
App. 1
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