Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1 :06-cv—OOO29-SLR Document 48-4 Filed O1/26/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRIC OF DELAWARE
RIMMAX WHEELS, LLC, a )
Delaware limited liability
company )
Plaintiff, )
vs. ) C.A. No. 06-029 (SLR)
RC COMPONENTS, INC., )
a Kentucky corporation,
Defendant. )
)
AF FIDAVIT OF MICHAEL RIVERS
I, Michael Rivers, being duly sworn on oath depose and say:
l. I serve as co-president of RiMMax Wheels, LLC, the plaintiff in the
above- captioned action.
2. I received training and certifications from the United States Air Force in
the area of aviation engineering.
3. In 2002, Marc Mathis and I requested from the United States Patent Office
a provisional patent on spinning rims for motorcycles. This rim is similar to spinning
wheels on automobiles. We applied this idea to motorcycles.
4. In 2002 and 2003, I had many verbal conversations (in person and via
telephone) and written communications with employees of RC Components, Inc. about
the technical design of RiMMax’s spinning rims for motorcycles. During all of these

Case 1 :06-cv—OOO29-SLR Document 48-4 Filed O1/26/2007 Page 2 of 3 _
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communications, I made it clear that all infomation I was sharing about the spinning
rims for motorcycles, including the drawings I gave to RC Components, was confidential
and was being shared for the sole purpose of facilitating RC Components’ manufacture of
RiMMax’s spinning rims.
I S. Many of my communications were with an RC Components’ employee
named Chuck. I believe his last name is Skarsaune.
6. I also spoke directly with Rick Ball, president of RC Components,
specifically telling him all the infomation I was sharing about the spinning rim was
confidential. Rick Ball told me he understood the infomation was confidential and
would be used only for the purpose of helping RiMMax manufacture and deliver the
spinning rim to RiMMax customers.
7. Rick Ball told me RC Components did not currently possess the technical
capability to manufacture the spinning rim and needed to have me work closely with RC
Components’ engineer (Chuck) as we moved through the final product development and
testing stages. Rick Ball also told me that he did not have the tooling equipment
necessary to manufacture the spinning rim. RiMMax agreed to and did pay thousands of
dollars for this special tooling.
8. The spinner RC Components now is selling is the same spinner I designed
and for which I hold patents.
9. Essentially, RC Components intentionally misled me into believing that if
I shared my spinning rim idea with it then it would manufacture tI1e spinning rim for
RiMMax. Instead, RC Components stole my idea and made over $1 million in sales. I
have lost my money and time. My dream of benefiting from my hard work and good idea

Case 1:06-cv-00029-SLR Document 48-4 Filed O1/26/2007 Page 3 of 3
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has been shattered. I have suffered financially and emotionally as a result of the
wrongful conduct of RC Components.
MICHAEL RIVERS
Subscribed and sworn to before me this day of January 2007.
Notary Public.
State of .
[SEAL]