Free Claim Construction Opening Brief - District Court of Delaware - Delaware


File Size: 74.1 kB
Pages: 2
Date: June 29, 2006
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 498 Words, 2,956 Characters
Page Size: Letter (8 1/2" x 11")
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» Case 1 :04-cv-01507-SLR Document 255-2 Filed 06/30/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
“ LP MATTHEWS, L.L.C., ) lf
) 1
Plaintiff, ) A
)
v. ) C.A. N0. 04-1507 (SLR) >
) Honorable Sue L. Robinson
BATH & BODY WORKS, INC., ) J URY TRLAL DEMANDED .
and )
LIMITED BRANDS, INC., )
and ) {
KAO BRANDS CO. (f/k/a THE ANDREW ) 1
JERGENS COMPANY), ( ) 1
and ) 1
KAO CORPORATION, ) {
) 1
Defendants. )
DECLARATION OF DAVID M. HILL, ESQ. IN SUPPORT OF
DEFENDANTS BATH & BODY WORKS, INC. AND LIMITED
BRANDS, INC.’S OPENING CLAIM CONSTRUCTION BRIEF
I, David M. Hill, hereby declare as follows:
1. I am a partner of Ward & Olivo, counsel of record in this action for Defendants
Bath & Body Works, Inc. and Limited Brands, Inc. (collectively referred to as the "Limited (
1
Defendants"). I am a member of the Bar of the State of New York and have been admitted pm
_ hac vice to represent the Limited Defendants in this action. I have personal knowledge of the I
matters stated in this declaration and would testify truthfully if called upon to do so.
2. Attached hereto as Exhibit A is a true and correct copy of United States Patent H
No. 5,063,062, dated November 5, 1991.
_ 3. Attached hereto as Exhibit B is a true and correct copy of excerpts from the
January 14, 2006 deposition of Phillip Low. i

Case 1 :04-cv-01507-SLR Document 255-2 Filed 06/30/2006 Page 2 of 2
4. Attached hereto as Exhibit C is a true and correct copy of the Board of Patent
Appeals & lnterferences’ Decision on Appeal regarding United States Application Ser. No.
07/786,804 (“the ‘804 application), dated April 15, 1997.
5. Attached hereto as Exhibit D is a true and correct copy of is a true and correct
4 copy of an Office Action regarding United States Patent Application Ser. No. 07/413,395 ("the
‘395 application), dated June 18, 1990.
J 6. Attached hereto as Exhibit E is a true and correct copy of an Office Action
Response regarding the ‘395 application, dated September 18, 1990. ,
7. Attached hereto as Exhibit F is a true and correct copy of an Office Action
4 regarding the ‘804 application, dated April 6, 1992.
8. Attached hereto as Exhibit G is a true and correct copy of an Office Action
Response regarding the ‘804 application, dated July 6, 1992. A
A 9. Attached hereto as Exhibit H is a true and correct copy of an excerpt from the
Updated Expert Report of Christopher T. Rhodes, dated March 6, 2006.
l 10. Attached hereto as Exhibit lis a true and correct copy of l
11. Attached hereto as Exhibit J is a true and correct copy of an excerpt from the l
4 Rebuttal Expert Report of John C. Carson, date March 31, 2006. A
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed at New York, New York, this 29th day of June, 2006.
Q A M
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