Free Response in Opposition to Motion - District Court of California - California

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 1 of 33

Exhibit 7

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 2 of 33

Robert S. Malln
312-21-4221

BRINKS

rmallin~usebrinks.com

Januar 23, 2008

Via Facsimile Trtinsmission to 858-824-9073

A-lC_tl
Intfecll Prpe
law Worlwi

HOFER GilSON &lIONE o

Aiid U.S First Class Mail
Melody A. Kramer, Esq. . Kramer Law Offce, Inc. 9930 Mesa Rim Rd.
Suite i 600 San Diego, CA 9212 I
Re: Sorensen Research & Development Trust v.

One World Technologies Inc. et at Case No. 08 CV 0060 BTM CAB

Dear Ms. Krer
i i ! .

I understand that Sorensen Research & Development Trut ("SRDT") filed a complaint alleging
infngement of

U.S. PatentNo. 4,935,184 agaist One World Technologies, Inc.; Emerson
paragraph 28 of

Electrc Co.; Ridge Tool Co.; and Ridgid, Inc. I note that in . SRDT alleges that "(tJo date, none of the Defendats have presented

the complaint,

the actual manufactung process of the Accused Products."

any admssible evidence of

Enclosed herewith is a copy of a declaration explainig the over mold process used for the external housings ofalJ Ridgid-branded products including the "Accused Products" identified in both the complaint and our prior correspondence. In view of this declartion, I ask that you
voluntaly dismiss your complait agaist all of

the defendants in the above-captioned cae. If

you choose not to accept the declaràtion and voluntary dismiss the action, we plan to use ths declaration and prior correspondence as needed in the litigation. Please let me know what you decide to do about dismissing the complaint.
If you have any questions, please let me know.

B~r~j II .

l~~~
RSM:jms
Enc.
( cc:
NBC

Al Deavers, Esq.

Tower . Suile3600 I 455 N. Cilronl Pl Drie I Chicago, IL60611.5599 I Telephone 312.321.4200 I Fax 312.321.4299 I usebriksco

--= ________.._.____0.__ -0.---- -- - ....~.....- ,"... ~ - --....~...-.-...--.--.,-... __ .._~,..___ __--_...~~ ___ ____ _~__.___...._ __._, ..__ ~......__..-.._._.~..~--------..-.~-,-.-..-.-,.-.- ..,. _ _ ~ "_'h. .__

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 3 of 33
. _.-..~~. - . --.........

'I.

I, Wù.1iam Chen, declare:
1. lam a P.R.China citi. I am pretly the Tooling Maager at
Techtrnic Industries Cò. Ltd r'm"). rn is locate in Hong Kong an has a prcipal
plac of

business at 38a Cale Pea Road, t~en Wan, NT, Hong Kong. One World

Technologies, Inc. ("OWl'''), Techtrnic inustes Nort Amerca Inc. ("TlAI~ and
.. ,

Ryobi. Technologies, Inc. ("RTl? ar Slbsidiares oÒ~I. I have knowledge acquire
d~rig the ordinar COUrse of my duties for ITI of

the fa contained within the

following pätgraphs, and could and would competently testify to ITI's, OWT's,
lTA's and RTf's corporae knowledge thereo ilcalted as a witness in a cour or

law. .

2. TTI is the manufacturer orall of

the following Ridgid-bránded power
I..,

tools:

RIGlD-brandec PRODUCT

Model No.
i

R844 R7000

R300
R8411S03 R8401S R8400 i

I
/ I

R830lS
R82233 R82320
R8200 i R7130

R7100 R6000
RSOiO
R32 i 0

R3200

. R83 R3iio
R3001

l.

---._----

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 4 of 33

i 8V Cordless Had Plaer Heavy Duty Variable Spee Belt Sander

9.6V Pivotig Screer

i

R848 R2720 R8103Ó

3. I have personal knowledge about the .ovennold injection pro us for the
exl plastic. housings for the Ridgid.,braded model no. R 7000 drll shown. in drawing

numbe D-54l 1 (attahed hereto at Ex. I). The overold pros Used for producing the

exrn plasic housing .for the R700 shown in Ex. 1 is as follows;
Step 1)
The fi plasc material component 20 is injeced into a fi mold

to form the plasc par which ca be descrbe as being the subste par.
Step 2)

The ~ubste part is trsfeied by hand to a secnd, sepa mold

and then il second plasc matenaJ cOmponent 32 is injected into the send mold
to cover the subst par and fonn the housirig shown in the drwigs atched at
Ex.

1.

3. I have personally witnessed the ovenold pr descrIbe in paaph :3 above.
This sae ovenold proce deribe in pah 3 abve is use for

the exal
the other
the V.S by

housings for each of

the prouc identified in pagrh 2 abve and on all of

RJdgid-braded products made, used, sold or offerd for sale, or import Into

TIL F~r the pat 6 yers, no other overmoln pro ha ever been us for thes part.
4. ITINA, OWT, and RTI do

"not manuface any of

the prouct identified in

pagrph 2 above. None of

the prouct idetied in pah2alve ar
ar all manuf in Chin by Tn.

maufactu in the Unite Sta. They

5. IT and its subsidiares have no corate relatonship with Emerson Electc Co.,

Ridge Tool Company, and Ridgid, Jnc. ("Emersn'~. Emers~n has no involvement with
the manufaCtre of

the product identified in parh 2 above.

.,
,

2

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 5 of 33

I declare under penalty of perjury under the laws of the Unital States that the

foregqing is tr and correct.

Execute on uiis 23th_ day of Jan,2008.

3

..

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 6 of 33

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t'._"'---'~"~

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ii

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1.11.

ì

, -i

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III \.

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"."'"" I :r
l..~.. .,_,"_,_____~._.. ....
i

III

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 7 of 33

Exhibit 8

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 8 of 33

Kramer Law Offce, Inc.
9930 Meso Rim Rd.. S1e. 160
Son Diego. Cofifomla 92121

Phone 85/32-3150
Fo 85/824-073

Melody A. Kramer, Esq.
mok(Womeowip.com

Januar 23, 2008

Mr. Robert S. Mallin
Bri Hofer Gilson & Lione

NBC Tower, Suite 3600

455 N. Cityont Plaz Dnve
Chicago, IL 6061 1-5599

CONFENT OFFER OF COMPROMIE
Subject To Federal Rules of

Evidence § 408

.r
(

RE: Sorensen Research & Development Trust v. Emerson Electrc Co.. et a1
USDC for Southern Californa, Cas No. 08cvO060

Dea Mr. Mallin:

I have reeived your letter date Janua 23m and the enclosed document bearg
the purortd signtue of a Chinese national.

Based upon my detailed review of tht document, and my prior extensive research
into the issue of inadmssibilty of declarations from Chiese nationals and general

reuirements in the Federal Rules of Evidence, we conclude that toe document does not rise to the level of admissible evidence for numerus reasns. I al note tht the
document contradicts prior stteents made by you and Mr. Bugos, and defies credulity

in its claim tht a tooling manger in Ch could comptently testify about all of the relevant corprate affairs of at least six Unite States companes.
For these reasons and more, we decline your suggestion that the pending lawsuit
should be dismissed.

cc: Albe B. Deaver, Jr.
.'

\.

'n ---_......_.__._ ___..~~____ ..~_._._______ ."_R'_'__._.._n._..__._ __., _. .,_...._ _... ..__ ._~.....

..._---_.. -_...__....,...__...._...._-- ........ _., -_.__.- ~'-- _._-----_.,. --'------'_.,",----- -- -,-

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 9 of 33

Exhibit 9

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 10 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 2 of 25

(g(Q~W
1

IN THE COURT OF COMMON PLEAS .

2 3
4

OF PHILADELPHIA COUNTY, PENNSYLVANIA
JAMES MARKHORST

Plaintiff
vs.
RIDGID, INC., Defendant
FEBRUARY TERM, 2006
NO. 2539

5 6
7
B

9
i a

December 13, 2006

i 1

f"

12 13
14

Tel ephoni c deposi t ion 0 f ROBERT BUGOS,

taken pursuarit to notic~, at the law offices of

Sac c h e t t a & B a i din 0 , 308 E a s t S e co n d S t r e e t ,

15

Media, Pennsylvania, on the above date,
beginning at 3: 05 p.m., before Margaret

16
17

Robinson, Court Reporter and Notary Public.

18

19

20
21

22
BLUE ROCK REPORT lNG, INC..

23
',;.;.

370 Blue Rock Road West Chester, PA 19382
(610) 761-5150

24

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 11 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6 Filed 04/23/2008 Page 3 of 25
2

1 APPEARANCES:

2 BRUCE MacKNIGHT r ESQ.

3 3 a 8 E a s t S e co nd S t r e e t
5

SACCHETTA & BALDINO

4 Co u n s e i for P 1 a i nt iff
MARGARET WENKE, ESQ.

Media, Pennsylvania 19063

7 Suite171 West Lancaster Avenue ioa Paoli, Pennsylvania 19301
8 Counsel for Defendant
9 ALSO PRESENT:
10
11

6 CONNOR, WEBER & OBERLIES

Mark Rowe, Esq.

12 13
14

15

16
1 7

18

19

20
21 22 23
24

B i u e Rock Reporting, I n c .

610-761-5150

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 12 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6 Filed 04/23/2008 Page 4 of 25

3

1

INDEX
WITNESS
PAGE

2 3
4

ROBERT BUGOS

By Mr. MacKnight

4

5 6 7

8
9
i 0

EXHIBITS
NO.

11

DEseRI PTION

PAGE

12 13
14

(No Exhibits Were Marked)

15

16
17 18

19
20 21 22

23
24

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 13 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 5 of 25
4

ROBERT BUGOS

1 2

(It was stipulated by and between

counsel that signing, sealing, certification and
filing be waived; and that all objections,

3
4

except as to the form of the question, be
reserved until the time of trial.)

5 6
7

THE WITNESS: Let me just at the
outset, note that I am general counsel for th~
corporation pertaining to the deposition for the
limited purpose of identifying ownership

8 9

10
1 i

relationships between corporate entities, not a

i 2

general submission or a waiver of the attorney
client privilege or attorney client privilege
for any other purpose.
If you agree to that.

13
i 4

15
i 6

MR. MacI~NIGHT:

That's fine.

IfI

ask you anything out of line, I'm sure you'll
let me know or Peggy will let. me know'.

17
i 8

MS. WENKE: Bob, your voice was
trailing a little bit, so you might want to stay
near the phone.
THE WITNESS:
phone .

i 9

20
2 i

I will hug the

22 23
24

Mark Rowe just walked into the room. I

just want to let it be known that he is present.
MR. MacI~NIGHT;

Okay.

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 14 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 6 of 25
5

ROBERT BUGOS
1 2

THE WITNESS:

He's an attorney.

3
4

ROBERT BUGOS, dul y sworn according
to the law,

was examtned and testified as

5

follows:
BY MR. MacKNIGHT:

6
7 8

Q. Sir, before we started today, I indicated
I would forego all the particularities with
regard to how we conduct a deposition, because
it's my understanding that you are an attorneYr

9

10
1 i

12

so I will just begin with my questioning if
that's okay with you.

13
14
i 5

A. That's fine.
Q. Sir, can you just. give me your full name

16
1 7

please?
A. My name is Robert A. Bugos, B as in boy,

18

U-G-O-S.
Q. Mr. Bugos, who do you represent?
A. I'm sorry, I don't know how to answer
tha t.

19

20
21

22 23
24

Q. Who do you work for?
A. Okay, I am general counsel for Techtronic
Industries North America, Inc. and its various

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

Document 43-4

Filed 08/06/2008

Page 15 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008. Page 7 of 25
6

ROBERT BUGOS

1

subsidiaries.
Q. And how many subsidiaries are there?

2 3
4

A. There are a number of subsidiaries,
i n c 1 u din 9 One World Technologies, I n c .
Q. And how long have you worked for that

5 6 7 8

employer?
A. I have worked for this employei since its
inception, sometime between 2000 and 2002. I

9

have been an employee of the organi zation that
operates the same businesses as that corporate

10
11

en tit Y i sin c e tho s e bus in e sse s we r e c rea t e din
June of 2000 -- June of 2000.
Q.

12 13
14

Okay.

One of the subsidiaries is One

World Technologies. What is the relationship
between One World Technologies and Ridgid, Inc.,
if you know?

15

16
17

A. There is no relationship.
Q. Do you know if One World Technologies

18

19 20
21
22

A. Wait a minute, 1'm sorry, there may be
a -- there may be a contractual relationship

reg a r din g the s e r v i c i n 9 0 f P ro d u c t s , but I do n ' t
bel i eve t hat t hat can t r act u a 1 reI a t ion s hip is

23
24

with Ridgid.

Q. Does One World Technologies manufacture

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

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Filed 08/06/2008

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Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 8 of 25
7

ROBERT BUGOS

1

any products under the Ridgid name?

2

A. No.
Q. Give me one second.
A. Would you iike me to teii you what One
World Technologies, Inc. does in connection
Q.

3
4 5

6 7 8

I was getting to that.

Can you just tell

me what you just asked me to ask you,

what they

do with regard to the products?

9

A. One World Technologies, Inc., is a wholly
owned subsidiary of Techtronic Industries North

10
11 12 13

America, Inc.
One ~~orld Technologies, Inc., also
act s a s a sup P lie r 0 f Rid g i d bra n d pro d u c.t s to

l4 l5 l6
17

Horne Depot, which I understand owns a license

for the use of the Ridgid trademark.

Q. Okay, so another entity manufactures the

tools?
A. Ridgid brand products are marketed by One
World Technologies to the Horne Depotr are

18

19 20
21 22

sourced through a parent company, ultimate

parent company, Techtronic Industries Company

Limited.
Q.

23

Does One World Technology design the

24 tools?
Blue Rock Reporting, Inc.
610-761-5150

Case 3:08-cv-00060-BTM-CAB

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Page 17 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 9 0(25
8

ROBERT BUGOS

1

A. One "¡orld Technologies, Inc'r I imagine
has had desi.gn input in connection with the line

2

3
4

of various Ridgid brand products.

Q. Can you tell me how a Ridgid tool is
made?
A. A Ridgid tool is made by a manufacturer,

5
6

.7
8 9

which

I i m sorry, I don i t know how to answer

that question.

Q. Sir, are you familiar with the tool
that's in question in this case, the twelve
compound miter saw with exact line?

10
11

inch

12 13
14

A. I am familiar with the Ridg~d line of

power tools and I have seen the tool that i s
mentioned in this case. I have familiarity with
the particulars of the design.

15

16
1 7

Q. Was that tool distributed by One World

18

A. It is.
A. Yes.

Technologies?

19 20
21

Q. With regard to registered agent for
service, is there are g i s t ere d age n tinS 0 U t h
Car 0 1 in a for One W 0 r 1 d T e c h n 0 log i e s ?

22

23
24

Q. Are you aware if there's a registered
agent in South Carolina for Ridgid?

Blue Rock Reporting,. Inc.

610-761-5150

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Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 10 of 25
9

ROBERT BUGOS

1

A. No, I am not aware.

2 3
4

Q. And where is that registered agent
located with regard to One World Technologies?

A. Sitting at my desk.
Q. You're sitting at your desk.
A. 1'm the registered agent for One World
Technologies, Inc., in the state of South

5
6

7
8

Carolina.

9

Q. Can you tell
with the last name,

me sir, do you know somebody
it looks like Brock,

10

11 B-R-O-C-K?
12

A.

I do know somebody wi th the last name

13 Brock, B-R-O-C-K.
14

Q.

with the first initial C?

15

A.
Q.

No.
Excuse me?

16
17

A.

No.

18

Q. I have a copy of a return receipt for
some registered mail that was mailed to 1428

19
20 21 22 23
24

Pe arm anD air y R 0 ad, And e r son, Sou t h Car 0 1 i n a ,

29625.

A. Yes.

Q. Is that your address?
A. It is my address, it's our office

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

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Case 3:08-cv-00060-BTM-CAB Document 37-6

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10

ROBERT BUGOS
address, yes.

1 2

Q. And it's addressed to Ridgid, Inc., and
it was signed for by somebody with the last name
of Brock, on March 3, 2006.

3
4

5 6
7 8

A. Okay.

Q. Would that -- and I want to represent to
you sir, that that was

the Complaint in this

matter.

Would that come açross your desk?

9

A. I'm not aware that it has.
Q. Are you permitted to sign and accept
Complaints served at that office, addressed to

10
11 12 13
14

Ridgid?
A. I personally do not have authority to
accept documents on behalf of Ridgid, Inc.
Q. And sir, from your memory or

is
16
17
18

from your

records, do you have any indication that you

received this Complaint against Ridgid, back
March of 2006?

in

19 20
21

A. I do not.
Q. If you had received it, would you have
forwarded it to. Ridgid?

22

A. Urn, I would anticipate
department may have.
I don 1 t

that our
knov,¡ .

23
24

Don 1 t know

what would have happened. As I saidr I don't

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

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Case 3:08-cv-00060-BTM-CAB Document 37-6

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i 1

ROBERT BUGOS

i have a recollection of it happening.

2 Q. SO you don't know sir, what steps were
3 t a ken if t hat C omp 1 a in t was s e r v e d the r e?

4 A. I don't know what steps .were taken in

5 connection with that document. I don i t have a

6 recollection.
7 8 9

Q.

Sir, do you. know -- are you familiar with

the manual for the tool that i s in question here?
A. I am familiar with the manuals in
general, that are used on Ridgid brand products that are manufactured through One World

10
11

12

Technologies, Inc.
Q. And would you confirm or would you agree
with the statement that nowhere on that tool, is

13
14

15

it indicated that it is distributed by One World

16
17 18

Technologies?
A. I can i t confirm or deny that statement.
i would refer you to the owner i s manual itself.

19

Q. Sir, the warranties with regard to this
product, does Ridgid provide the warranty or
does One World Technology pruvide the warranty?

20

21
22

A. One Worid Technologies, Inc., provides
any warranty on products that it services, to
include this one.

23
24

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

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12

ROBERT BUGOS

i
2 3
4

Q. Can you tell me sir, have you ever
receiv~d anything by way of a Complaint, at your
address

there, addressèd to Ridgid?

A. I have no recollection of receiving mail
addressed to Ridgid.

5 6 7 8

Q. Ever?
A.

None.
MS. WEN KE : I i d i i k e tom a k e a

9
i 0

statement for the record. A few moments ago
there was a referehce that the service was of a

i 1

12
i 3

Complaint. Complaint.

T hat doc u men twas a W r it, not a

MR. MacKNIGHT:

I apologize for

14 15

16
i 7

18

19

20
21 22 23 24

Blue Rock Reporting, Inc.

610-761-5150

Case 3:08-cv-00060-BTM-CAB

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Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 14 of 25
i 3

ROBERT BUGOS

i
2
3
4

would get our service departmentr which is at
the other end of this building.
I don 1 t know

I would -- I have no reasort to believe they
W 0 U 1 d r Q pre s en t the m s e I v e s a sRi d g i d .

5

Q. Have you ever had the opportunity to call
that number and ask that question?
A.
I have not.

6 7 8

Q. And you have no knowledge about whether
Ridgid has a registered agent in South Carolina?

9
i 0

A. I have no reason to believe they do. I
have no knowledge that they have a presence in

i i

i 2

South Carolina.
Q. Just give me one second, I'm just looking
a t s om e t h i n g . Sir, I' m g 0 i n 9 t 0 - - I h a v e a n

i 3

i 4

15
i 6

e-mail here and unfortunately you don i t have it,
but it i S an e-mail from Ms. Wenke, indicating we

i 7

had asked about some information identifyirig the
pro d u c t - - I i m s 0 r r y, Lis a C a u i e. y, who w 0 r k s

i 8

19

with Ms. Wenke, and we had inquired about some

20
21

of the informatiòn about this product and we
received back information that it was designed and distributed by One World Technologies and
they gave us your address which I mentioned
earlier, and sold through Home Depot and the

22 23
24

Blue Rock Reporting, Inc.

6 1 0 -7 6 i - 5 i 5 0

Case 3:08-cv-00060-BTM-CAB

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Page 23 of 33

Case 3:08-cv-00060-BTM-CAB Document 37-6

Filed 04/23/2008 Page 15 of 25
14

ROBERT BUGOS

1

date of manufacture and the year.

2 3
4

Do you know how she would have

obtained that information? Would it have been
through you or through Ridgid?

5 6
7 8

A. She would have obtained that information
through Mark Rowe of our legal department and
she would have obtained it through us, because

we would be the people familiar with the
product, the serial numbers and the coding
system and Ridgid, Inc. would not.

9

10
11

Q. Do you know if it was relayed to
e-mail is dated Monday August 7, 2006.

thi s

12 13
14

Do you

know if it was relayed to your office, as to why
this information was being requested?
A.

15 16
17 18

I do not.

Q. Sir, if the certified mail that ..¡as sent
to you was the writ, was not returned to our office, is it reasonable to believe that you
e it her r eta in e d it 0 r for war de d it 0 n toRi d g i d?

19 20 21

A. I have no information as to that.
Q. Do you know why they came to you instead
of going to Ridgid, to find out where the

22 23
24

product was manufactured and distributed from?

A. It was our product.

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ROBERT BUGOS

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2 3
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Q. What's the general relationship between
Ridgid and One World Technologies?

A. Between who?
Q. Between One World Technologies and

5 6 7 8

Ridgid.

A. By Ridgid, are you referring to Ridgid,
Inc. ?

Q. Well whatever you understand it to be.

9
i 0

A. Ridgid is a tr~demark..
Q. Okay, and how are you permitted to use
that trademark?

i i

i 2

A. We manufacture Ridgid brand products as a

i 3

supplier to Home Depot. There i s a trademark

i 4 1 ice n s e fro m the 0 wn e r 0 f the t r ~ d em ark r w h i chI

15 presume to be, as you've been calling them,

16 Ridgid, Inc., so I believe that's the trademark
i 7

owner.

I understand it to be some entity owned
controlled by Emerson.

i 8

by or
Q.

i 9

Emerson.

That was my next question.

20
21 22

What i s the relationship between Emerson and One World Technologies?
A. I believe we service, we provide customer
service under contract for certain products that
were manufactured by Emerson.

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24

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J. 6

ROBERT BUGOS
1

Q. And would it be accurate to say that

2 3
4

Emerson and One World Technologies entered into
a partnership back in 2003?
A.

That would be absolutely incorrect.

5

Q. Well what's the relationship between

6
7
8

Emerson and One World Technologies?
A. One World Technologies entered into a
contract with Emerson. We provide customer
service in connection with certain products
were manufactured and sold by Emerson.

9

tha t

10
11

Q. Sir, I have a document here that I
printed from the. internet, from the Emerson

12
13
14

website, regarding Emerson professional tools
and

One World Technologies.
The title of it is, Emerson

15

16
17

Professional Tools and One World Technologies to
partner on Ridgid power tool line.

18

A. I'm sorry, what does that say?
Q.
It says:

19

Emerson professional tools and

20
21

One World Technologies to partner on Ridgid
power tool line.

22 23
24

And it i S from the Emerson website. And basically there i s a Pat Sly quoted as the
Emerson executive vice-president and the Emerson

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17

ROB E R T BUG OS

1 2

professional tool business leader, who states:

This new partnership and business model will
further enhance an innovative line of power

3
4

tools that already has the respect of end users

5
6 7

everywhere.

A. Okay.
Q. In your mind, is partnership the wrong
w 0 r d fo r it, 0 r is t his art i c lei n a c cur ate?

8
9

A. Unfortunately I am not the person who
chose that word. I'm not the person who chose
t hat do cum e n t .

10
11
i 2

I have not seen that document;

i 3

however, I take it that you're trying to impose
a legal definition of an entity in the word

14

15

choice of marketing people, which I know to be
totally inconsistent with reality.

16
1 7

Q. And you indicated that you don't
manufacture any of the tools, you just

18

19

d i s t rib ute th em; is t hat rig h t ?

20
2 i

A. That's correct.
Q. Okay, so it would also be inaccurate for
this article, when they go on to state -- and
this is from a Bob Freitag, executive

22

23
24

vic~-president of One World Technologies. Do

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ROBERT BUGOS
1

2

you know who he is? A. I know who he is.

3
4

Q. There i s a quote in here from him that
says: This is quite an honor for One World
Technologies to manufacture these bench top and

5 6 7 8

stationary tools.
A.

We source the tools, so in his mind, we

manufacture them, but in order for me to give
you an accurate statement, you've asked me if

9

10 11

Q. Who manufactures the tools?
A. Well a variety of people manufacture the
products. They are sourced through our parent
company and it might be manufactured by them or
it might be manufactured by a third party that

12
13
14
i 5

the y con t r act. .

i 6

Q. Okay, so let me try to understand this.
You source the tools, which means?
source mean in youi mind?

i 7

í-lhat does

1 B

19 20
21 22

A. Well Ho~e Depot buys them from us, we buy
them from somebody else. The third party
w e .b u y

them from is our parent company in Hong Kong. Our parent company in Hong Kong

23
24

may be the manufacturer, or it may be somebody
e Is e.

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i 9

ROBERT BUGOS
In the mind of somebody who i s

1

2

marketing the tools, we manufacture the product,

3
4

but to be accurate for purposes of the deposition, I answered you as no, because

5 6
7 8

Q. I'm sorry, you trailed off there.
A. The corporate entity, One World
Technologies, Inc., technically does not

manufacture anything.
Q. SO is it Techtronic that manufactures

9

10

them?
A. It may be, or they may source it from a
third party.

11
i 2

i 3

Q. A third party not related to Techtronic,
or another subsidiary?

14

15

A. It could be either.
Q.

16
17

So your main role with regard to these

Ridgid tools that are manufactured by the parent
company or another subsidiary, is placing the

18

19 20
21 22

product in the stream of commerce over here in

America?
A.

Well I don't want to mislead you.

Our

corporate entity, One World Technologies, Inc.,

23
24

plays a major role in the development of the
product and decisions in regards to what that

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ROBERT BUGOS

i product will be like.

2 We may have engineering input into
3 the design of the product, in some cases we may

4 not.

5 Q. Sir, could I ask you when you first
6 became aware of this claim by Mr. Markhorst?

7 A. I have no recollection regarding this
8 claim prior to this week; however, I have become 9 aware of many claims and I may have at some time

10 known it prior to.
11
Q.

11m sorry, prior to today?
Prior to this week.

12 13
14

A.

Q. Sir, do you know if One World
Technologies has ever been involved in any type
of lawsuit in Pennsylvania?

15
16

A. Yes, I do.
Q. And i",hen that occurred, who would
represent

l7
i 8

One World Technologies in

19

Pennsylvania?
A.

20
2i

It varies.

We i ve had probably a dozen

firms over the course of the years that have

22

r ~p res en t e dOn e W 0 rId Tee h n 0 log i e s, In c .

23
24

Q. I have to ask the question. Has
Ms. Wenke's firm ever represented your company?

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2 i

ROBERT BUGOS

i
2

A.
Q.

I believe she has.
Pardon me?

3
4

A.

I believe she has, yes.
MS. ¡';ENKE:
I don' t be 1 i eve I.' ve

5

ever represented One World Technologies, per se.
THE WITNESS: That's possible.
BY MR. MacKNIGHT:

6 7 8
9
i 0

Q. You thought you did, but Ms. Wenke

doesn't believe that's true.
A. We're talking about One World

i i

Technologies?

12
i 3

Q. Yes.
A.

I don't know.

I don't know specifically.

14
i 5

Q. Okay. Let me ask you this, do the
interests of One World Technologies, are they

i 6

the same as the interests of Ridgid, with regard
to sales of the tools and manufacture of the

i 7

i 8

19
2 a

tools? A. You're

asking me to draw a legal

21
22

conclusion in connection with something that I'm not quite sure the scope of that and I don 't
think that it's appropriate for me to answer
that question.
MS. WENKE:

23
24

I would obj ect to
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22

ROBERT BUGOS
1

that.
MR. MacKNIGHT:

2

Okay.

3
4

BY MR. MacKNIGHT:
Q.

Who sourced the tool, the Markhorst tool

5 that i s involved in this case?
6 7
8

A. To the best of my knowledge, the tool
that you've described to me as being a Ridgid

brand miter saw with an exact line feature,
would have been a product that would be sourced

9

10
11

by One World Technologies, Inc.
Q. And what does that mean when you say

12 13
14

sourced?
A.
Q.

They sold it to Home Depot.

They sold it to Home Depot.

And do you

15

have any knowledge who manufactured it?

16
17

A. I do not know specifically; however, as I
mentioned before, the Ridgid brand power tools
that are marketed by One World Technologies,

18

19 20
21

Inc. to Home Depot, are sourced by -- from One

i"1orld Technology, Inc. i s ultimate parent in Hong
Kong, which is Techtronic Industries Company.

22

Limited.
Q.

23
24

Okay.

I think. that i s all I have for you,

sir.

Thank you for participating today.

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ROBERT BUGOS

1

MS. WENKE: Thank you.

2

THE WITNESS: Do you have any

3
4

questions?
MS. WENKE:

No, I have none.

5
6 7 8

(Deposition cbncluded at
3:30 p.m.)

9

10
11 12 13
14
i 5

16
17
18

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24

ROBERT BUGOS

1 STATE OF PENNSYLVANIA

2 COUNTY OF CHESTER
3

ss

I, Margaret Robinson, Shorthand Reporter

4 and Notary Public duly and qualified in and for

5 the State of Pennsylvania, do hereby certify
6 there came before me the deponent herein, namely
7 ROBERT BUGOS, . who was by me duly sworn to

8 testify to the truth and nothing but the truth

9 concerning the matters in this cause.

10 I further certify that the foregoing
11 transcript is a true and correct transcript of
12 my original stenographic notes. 1 3 I fur th e r c e r t i f Y t hat I am n e i the r 14 attorney or coünsBl for, nor related to or
15 employed by any of the parties to the action in 16 which this deposition is taken; and furthermore,
17 that I am not a relative or employee of any
18 attorney or counsel employed

by the parties 19 hereto or financially interested in the action.
Marg ret Robinson

20
21
22

1h?: . :h~---_

Notary Public

23
24

Blue Rock Reporting, Inc.

610-761-5150