13. The words "I have seen & understood the above invention & helped to produce a
video of a sample blade in operation" appear on the page and the page is signed
by R. Wooping.
14. At the bottom of the page is the word "INVENTOR" and the page is signed by
Eckhard Bernardy.
15. The junior party has alleged reduction to practice as of July 12, 1994 and filed
Exhibit 2008 which appears to be a photograph of a saw blade with wing cutters
riveted onto the body of the blade (Bernardy Record page 14).
16. . The junior party has also filed Exhibit 2056 (Bernardy Record page 81) which is
also a phot ograph of a blade having cutting segments riveted thereon.
Bernardy and Powell form a business relationship
17. On or about July 1996, Bernardy contacted Robert Powell (the senior party), the
owner of Performance Quality Saw Shops, Inc, about forming teeth for the
blades covered by the '570 patent (Bernardy Record page 2; Powell Record
page 267).
18. Mr. Powell was to perform the operation of cutting the teeth and others would
produce the blank disks, cut the cutting segments and heat treat the blade.
(Bernardy Record page 1; Powell Record page 267).
19. During the next few months, it was discovered by either Eckhard Bernardy or
Robert Powell that the design of the "570 blade had certain problems in that it
allowed plant matter to be caught in the openings in the blade which led to
vibrations and created safety problems (Powell Record page 198).
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Last modified: November 3, 2007