Free Redacted Document - District Court of Delaware - Delaware

. Case 1 :04-cv-01452-JJF Document 1 13 Filed 08/O9/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DlSTRIC'!' OF DELAWARE
I3,l. DUPONT DE NEMOURS AND )
COMPANY. ) —
Plnintiiij i C./t. No : 04· l452 (.lJl·’)
v. i ‘
l
GRE/\'l` LAKES Ci—tl:ZMlCAl.. CORl’OR!\TlON. ) RED ACTED PUBLIC VERSION
Detendzmt. i
_D`ECLAR&TION OF WILLIAM. DOUGLAS REGISTER [N SUPPORT OF
GREAT LAKES" MOTION FOR SU M.M.ARY JUDGMQENT ON CONTRACT ISSUES
I. My usune is Wiltizun Douglas Register. I ant zt United States citizen. currently
residing in l..znii1yette. Indiana Each suttetnent contained in this cleeinration is husctt upon my
own personal knowledge, und is true and correct to the best of my personal knowledge,
intbmmtion and belief.
2.. l um currently sellientpioyed and own my own engineering, consulting business
culled F3 Technology, I..t..C. l worked for Greet Lakes Chemical Corporation ("‘Grez1t Lnkes")
from June l9S5 untii July 2005. My firxt position at Great Lakes was Regionai Sales Mruutger in
the southeast region For the Fluorine Cfhernicnls business group {rom l985 througlt N90. Front
ttbout i990 until 2002 I held the position of Business Development Mtutnger in Greztt Lakes'
Ftuorine Products Group. t was Great Lakes' Vice President and General Manager of Great
L.z1kes’ Fluorine Chemicals business group from 2003 until l left Grent Lalces in July 2005..
3. Prior to l990, the predominant chemical compounds used to fight fires in
buildings where sensitive electronic equipment might be destroyed by water or other corrosive
fire suppression cotnpouncls were lmlon-based precincts. the Montreztl Protoeoi on Substances
That Dcpiete the Ozone Layer. (the "‘Montrcztl Protocol"). un internmionnl treaty to wlticlt the
cutsscaazss

· Case 1:O4—cv—O1452-JJF Document 113 Filed 08/O9/2007 Page 2 of 4
United States and i90 other nations were signatories, was enacted on kutuaty l. 1989. and was
designed to protect the ozone layer by phasing nut the ptocinction of a number of substances
believer! responsible: liar ozone depletion. itteltttiing ltulott protlucts ttsed tts fire estingttisltztnts.
Oxone depleting suhstttttces typically contatin either chlorine or bromitte. but similar tire
ex.titt_t;ttisltants containing only Fltxorittc are not considered lutt·mt’ttl to the ozone layer.
4. Sometime in mic! l99l, Grunt Lakes decided to develop l,l,l,2,3.3,3-
i·ieptulittt>t‘optopanc. conunnnly known as “l~lFC—227" in the chemical industry, as at replztcement
product. lor l-lition based fire extinguishing prodttets like Halen l30I and l`·I:tlon l2l l. During the
l99l-—l992 time period. one oltny primary respmtsibilities att Great l ztkcs was the cottttttercitti
lztnnelt of Cireat Lakes` lll’C'~227 product ttntler tlte Great l..rtkes' brand name l*M~20tl·.ti>
5. Great l..:tkes` l’M-20(Nttl product is zm EPA acceptable replacement for Halen
l3<>l. Great Lttkes sold Ph/i·200® to "system rnztttuRwctttt·ers." such as
eenseeen .
= 2 zcotnpzmtes that nmke the hardware for lire
suppression systems used to disperse tire extinguishing products like l·lFC—227. Greet [Makes
olttuinecl listings or approvals lrotn the United States linvirottntentnl Protection Agency.
llrttlerwriterrt lmlvurzttot y ("l.ll..") and Factory Mtttttal ("’l*M"`) relating to its process lor
ntattttihetttrittg 1-IFC-2.27. During the period from l992 to at least li)94, Great Lakes was the only
commercial tnunuksctnrer of l~ll*C-2.2 7 for use in fire extittgnislting zxppliczttions. Great Lakes
lirst conunereial sale of FM»200® was to t December 1992.
6.
While l wats nt (item Lakes. (jrertt
Lakes mztmtlkxctured i·ll’C—227 only at its liil Dorado, Arkansas plant. Great Lztkes used
essentially the same process tc make Hl"’C~227 from l992 until the time I leti Great Lakes in July
2005e
cnt ssseazss

Case 1 :04-cv-01452-JJF Document 1 13 Filed 08/O9/2007 Page 3 of 4
7. DuPont was well aware oI"Gre¤t Lakes` process for ntztking l·lli`C·'227 fiom the
inception of Great l..:1I 8 I pzuticipztted on behalfot Great Lakes in the negotiations with DuPont leading to
the 2002 tffross-license Agreement. which superseded the I994 License Agreement and is the
sulqiect of this lawsuit. During the 2.(I(l2 (Zross~l.-ieense negotiations. no individual txt DuPont (or
For that matter anyone else) ever disclosed to me or, to my lcnowleclge, anyone else at Great Lakes
that DuPont had obtained U.S.i Patent No. 6,376.737 (the *727 Patent·").. In litct, I have no
recollection or kttcnwledgc that DuPont ever disclosed or identified the *727 Patent ns a potential
issue Rn Great Lakes until sometime in 2004 when as letter identifying this and other patents was
sent to Great l..:tl I’atent. as well as its issuance to DuPont.
I declare under penalty ofperjttry under the laws ol`tIte United States than the foregoing
inlbnnation is true and correct to the best of my knowledge, iufonnation and belief
D=¤¤<= 7 William Douglas Register
cm 56688295

Case 1:O4—cv-01452-JJF Document 113 Filed 08/O9/2007 Page 4 of 4
UNITED STATES l)IS'I`RiC"l` COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that 0r1 August 9, 2007, I caused t0 be served by electronic mail the
foregoing document(s) and electronically tiled the same with the Clerk of Court using CM/ECP
which will send notification of such liling(s) to the following:
Richard Lt Horwitz
David E,. Moore
Po1:terAnclerson & Corroon LLP
Hercules Plaza, 6th Floor
I3 I 3 N. l\/Iarket Street
P. O. Box 951
Wilmington, DE l9899~095i
I hereby certify that on August 9, 2007, I have caused to be served by electronic mail the
foregoing document(s) to the following, who will also receive notification ofsucli tiling(s) from
CM/ECP:
Richard C. Komson
John I`. Gallagher
Morgan & Finnegan, LLP
3 World Financial Center
New York, NY l0.28l-2l Ol
{QL/» { .. ceew -+1-
Fredericlc L. Cottrell, lil (#2555)
cot£reli@rlfZcom
niri-sssss.26-a