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

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 1 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 2 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 3 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 4 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 5 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 6 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 7 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 8 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 9 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 10 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 11 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 12 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 13 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 14 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 15 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 16 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 17 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 18 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 19 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 20 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 21 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 22 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 23 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 24 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 25 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 26 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 27 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 28 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 29 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 30 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 31 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 32 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 33 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 34 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 35 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 36 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 37 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 38 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 39 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 40 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 41 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 42 of 43

Case 1:06-cv-00417-GMS

Document 39

Filed 05/08/2007

Page 43 of 43

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 1 of 18

EXHIBIT 1

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 2 of 18

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

COLGATE-PALMOLIVE COMPANY, Plaintiff, v. RANIR, L.L.C., Defendant.

) ) ) ) ) ) ) ) )

Civil Action No. 06-417-GMS

JOINT DISPUTED CLAIM TERMS CHART Attached is the Joint Disputed Claim Terms Chart submitted by Plaintiff, ColgatePalmolive Company ("Colgate"), and Defendant, Ranir L.L.C. ("Ranir"), pursuant to the Court's November 7, 2006 Scheduling Order ("Scheduling Order"). As required by paragraph 4 of the Scheduling Order, Colgate and Ranir have each additionally cited the supporting intrinsic evidence in the Joint Disputed Claim Terms Chart.

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 3 of 18

JOINT CHART OF PROPOSED CONSTRUCTIONS U.S. Patent 7,047,591 (claim limitations proposed for construction are underlined) 1. An oral care implement comprising: a base with a gripping region and an oral engaging region, the base having an aperture extending therethrough; a gripping member at least partially overlying the gripping region of the base and provided with at least one opening exposing a portion of the base; and a resilient grip body in the gripping region and extending through the aperture, the gripping member having a different durometer characteristic than the resilient grip body. Ranir's Proposed Construction "a gripping member" : A slip-resistant element intended to be grasped by the third through fifth fingers of the user's hand. Col. 1, line 45; Col. 13, lines 19-22. Colgate's Proposed Construction1 "gripping member" : the outer constituent part of the handle of an oral care implement that covers at least a portion of the base. See, e.g., `591 Patent, col. 1, lines 40-46; col. 2, lines 44-57; col. 3, lines 13-25; col. 4, lines 41-67; col. 5, lines 1-39; Figs. 2 and 4, identified by number 407; MerriamWebster's Collegiate Dictionary, 10th Ed. (1999)

"a resilient grip body": A soft, resilient element separate from the gripping member intended to be grasped between the first and second fingers (i.e. the thumb and the index finger) of the user's hand. Col. 3, lines 16-19; Col. 3, lines 40-61; Col. 4, lines 10-19;Col. 6, lines 4-13.

"a resilient grip body": a constituent part of the handle that can recover its size and shape after application of pressure. See, e.g., `591 Patent, col. 1, lines 47-55; col. 1, line 63 ­ col. 2, line 2; col. 2, lines 44-57; col. 3, lines 13-65; col. 4, lines 10-40; col. 6, lines 4-14; Figs 1-5, 8 and, 9 identified by number 403; Merriam-Webster's Collegiate Dictionary, 10th Ed. (1999)

"the gripping member having a different durometer characteristic than the resilient grip body": The hardness durometer measurement or
1

"the gripping member having a different durometer characteristic than the resilient grip body": the gripping member has a different hardness than the resilient

Colgate does not believe that any claim limitation needs to be construed as each claim limitation is properly given its ordinary meaning according to one of skill in the art at the time of invention. In order to expedite the claim construction process, Colgate hereby provides its understanding of the ordinary meaning according to one of skill in the art at the time of the invention for the claim terms that Ranir asserts need to be construed.

1

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 4 of 18

U.S. Patent 7,047,591 (claim limitations proposed for construction are underlined)

Ranir's Proposed Construction rating of the gripping member material, measured on the Shore A scale, is different than that of the grip body material. Col. 3, lines 49-53; Col. 5, lines 40-45, Col. 6, lines 4-6.

Colgate's Proposed Construction1 grip body. See, e.g., `591 Patent, col. 3, lines 39-57; col. 5, lines 40-61 ; MerriamWebster's Collegiate Dictionary, 10th Ed. (1999).

Hardness is a property measured by a durometer. Merriam-Webster's Collegiate Dictionary, 10th Ed. (1999). 2. The oral care implement according to claim "the gripping member and the grip "the gripping member and the grip body 1, in which the gripping member and the grip body comprises an elastomeric comprises an elastomeric material": the body comprises an elastomeric material. material": The gripping member and the gripping member and grip body are grip body are each a thermoplastic composed of at least a material resembling elastomer. Col. 1, lines 43-45; Col. 3, rubber. See, e.g., `591 Patent, col. 3, lines lines 45-47; Col. 4; line 45; Col. 5; lines 39-57; col. 4, lines 10-31; col. 4, lines 413-6; Col. 6, lines12-14. 47; col. 5, lines 1-25; col.5, lines 40-61; col. 6, lines 4-14; Merriam-Webster's Collegiate Dictionary 10th Ed., (1999). 15. The oral care implement according to "the grip body is of a softer material "the grip body is of a softer material claim 1, in which the grip body is of a softer than said gripping member" : The grip than said gripping member" : the grip material than said gripping member. body material is softer than the gripping body material has a durometer member material. The hardness measurement that is less than the durometer measurement of the resilient durometer measurement of the gripping grip body material, measured on the member. See, e.g., `591 Patent, col. 3, Shore A scale, is less than that of the lines 39-57; col. 5, lines 40-61 ; Merriamgripping member material. Col. 6, lines Webster's Collegiate Dictionary, 10th Ed. 6-7. (1999); ASTM D2440-00 24. The oral care implement according to claim 1, in which the gripping member is composed of a softer material than the base and the grip body is composed of a softer material than the "the grip body is composed of a softer material than the gripping member" : The grip body material is softer than the gripping member material. The hardness "the grip body is composed of a softer material than the gripping member" : the grip body material has a durometer measurement that is less than the

2

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 5 of 18

U.S. Patent 7,047,591 (claim limitations proposed for construction are underlined) gripping member.

Ranir's Proposed Construction durometer measurement of the resilient grip body material, measured on the Shore A scale, is less than that of the gripping member material. Col. 6, lines 6-7. "a gripping region": The gripping region is the longitudinal portion of the implement defined by the longitudinal extent of the gripping member and the grip body. Col. 1, lines 49-57; Col. 2, lines 49-51.

Colgate's Proposed Construction1 durometer measurement of the gripping member. See, e.g., `591 Patent, col. 3, lines 39-57; col. 5, lines 40-61 ; MerriamWebster's Collegiate Dictionary, 10th Ed. (1999); ASTM D2440-00 "a gripping re gion": a subdivision of the oral care implement that includes the area held by a user. See e.g., `591 Patent, col. 1, lines 40-47; col. 2, line 58 ­ col. 3, line 12; Figs. 1-9 numbered item 301; Merriam-Webster's Collegiate Dictionary 10th Ed. (1999) "a rear segment and a front segment inclined relative to the rear segment wherein the front segment is inclined relative to the re ar segment at about 2040 degrees thereby defining the inclined portion" : the front segment of the gripping region is inclined at an angle of about 20 to about 40 degrees relative to the rear segment of the gripping region. See, e.g., `591 Patent, col. 1, lines 57-62; col. 2, lines 44-67; col. 3, lines 1-12; Figs 2, 3, , identified by numbers 111, 113, and 115; Merriam-Webster's Collegiate Dictionary, 10th Ed. (1999)

27. An oral care implement comprising: a base with a gripping region and an oral engaging region, the gripping region including a rear segment and a front segment inclined relative to the rear segment wherein the front segment is inclined relative to the rear segment at about 20 40 degrees thereby defining the inclined portion; a resilient grip surface being disposed on the rear segment; and a grip body extending through an aperture in the base and spaced from the grip surface, the grip body forming opposite finger gripping surfaces on the inclined portion of the base.

"a rear segment and a front segment inclined relative to the rear segment wherein the front segment is inclined relative to the rear segment at about 20-40 degrees thereby defining the inclined portion" : This language does not comply with 35 U.S.C. 112, First and Second Paragraphs. Nevertheless, the following best guess is provided. The rear segment is the portion of the implement from the tip of the base to center of the top- most finger opening in the grip surface. The front segment is the portion of the implement from the lower- most edge of the base material surrounding the grip body to the topmost portion of the grip surface. The

3

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 6 of 18

U.S. Patent 7,047,591 (claim limitations proposed for construction are underlined)

Ranir's Proposed Construction angle of inclination of the front segment to the rear segment is defined by the angle of the intersection of the midlines of the front and rear segments. Each midline is defined by the midpoints of the thickness of the implement at each end of the respective segment. Col. 2, lines 49-64; Fig. 2, Fig. 4. "a resilient grip surface": A resilient, slip-resistant element intended to be grasped by the third through fifth fingers of the user's hand. Col. 1, line 45; Col. 13, lines 19-22.

Colgate's Proposed Construction1

"a resilient grip surface": an exterior of the gripping member that can recover its size and shape after application of pressure. See, e.g., `591 Patent, Col. 5, line 1 ­ col. 6, line 14; Figs. 2, 4, and 9 identified by number 410; Merriam-Webster's Collegiate Dictionary, 10th Ed. (1999) "a grip body": a constituent part of the handle that may be contacted by a user's thumb and finger during normal use of the oral cleaning implement. See, e.g., `591 Patent, col. 1, lines 47-55; col. 1, line 63 ­ col. 2, line 2; col. 2, lines 44-57; col. 3, lines 13-65; col. 4, lines 10-40; col. 6, lines 4-14; Figs 1-5, 8 and, 9 identified by number 403; Merriam-Webster's Collegiate Dictionary, 10th Ed. (1999) "spaced from the grip surface": there is an area separating the grip body from the grip surface. See. e.g., `591 Patent, col. 3,

"a grip body": A soft element separate from the gripping member intended to be grasped between the first and second fingers (i.e. the thumb and the index finger) of the user's hand. Col. 3, lines 16-19; Col. 3, lines 40-61; Col. 4, lines 10-19; Col. 6, lines 4-13.

"spaced from the grip surface": The resilient grip surface and the grip body do not contact each other. Fig. 5

4

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 7 of 18

U.S. Patent 7,047,591 (claim limitations proposed for construction are underlined)

Ranir's Proposed Construction

Colgate's Proposed Construction1 line 66 ­ col. 4, line 9; Figs, 5-7; MerriamWebster's Collegiate Dictionary, 10th Ed. (1999) "configured to counterbalance forces acting on the base": the grip body is particularly arranged to transmit forces acting on the base. See, e.g., `591 Patent, col. 4, lines 10-31; Merriam-Webster's Collegiate Dictionary, 10th Ed. (1999)

29. The oral care implement according to claim 27, in which the grip body is configured to counterbalance forces acting on the base.

"configured to counterbalance forces acting on the base": The mass of the grip body can be shifted by pressure on either side for greater comfort and control, and to dampen the pressure applied by the brush. The grip body can flow and shift within the base. Col. 1, lines 52-54; Col. 3, line 66 through Col. 4, line 40.

Claim Chart for U.S. Patent D513,882 U.S. Patent D513,882 See Figures Ranir's Proposed Construction A toothbrush including: a head supporting a set of bristles; a neck that is narrower than the head; the width of the front handle segment increases from the end adjacent to the neck to the end opposite the neck; the transition handle segment has an oval-shaped cross-section that is longer in the vertical direction; the rear handle segment is generally round in cross-section; the grip material overlies approximately only the lower half of the transition handle segment and the rear handle Colgate's Proposed Construction The claim is for the overall design of a toothbrush as shown in the figures. The generally almond-shaped regions depicted in broken lines on opposing sides of the handle and the unshaded areas within have been disclaimed. The region on the back of the toothbrush head depicted in broken lines (best shown in FIG. 6) and the unshaded area within have been disclaimed. It is this claimed design that is to be compared to the accused products.

5

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 8 of 18

U.S. Patent D513,882

Ranir's Proposed Construction segment, forming a straight dividing line along the sides and rear of the handle; the transverse slots are parallel; the transverse slots are narrow, and extend across approximately the entire width of the handle; each loop configuration having a circular shape formed from four arc-shaped elastomers, the loop configurations approximately evenly spaced on the head; the loop configurations each having the same diameter; the bristles of the outer ring arranged in two opposing arc-shaped tufts; the central bristle tufts being no taller than the loop configurations; three peripheral tufts spaced apart in a line along each side of the distal loop configuration; three peripheral tufts spaced apart in a line on each side of the proximal loop configuration; each peripheral bristle tuft having a gradually increasing diameter from the head to the tip; each peripheral bristle tuft narrowing to a point at the tip; two distal bristle tufts, each with a slight arc-shape, having bristles of uniform length; the distal bristle tufts having a slight gap

Colgate's Proposed Construction

6

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 9 of 18

U.S. Patent D513,882

Ranir's Proposed Construction between them at the base, but converging together to close the gap at the tips; the distal bris tle tufts being shorter in height than the peripheral bristle tufts; two proximal bristle tufts, each with a slight arc-shape, including bristles of uniform length; and the proximal bristle tufts being shorter in height than the peripheral bristle tufts. Figs. 1-7

Colgate's Proposed Construction

7

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 10 of 18

Claim Chart for U.S. Patent D516,819 U.S. Patent D516,819 See Figures Ranir's Proposed Construction A toothbrush including: a plurality of bristles, wherein some of the bristles form loop configurations that each have a circular shape formed from four arc-shaped elastomers; the loop configurations are approximately evenly spaced on the head; the loop configurations each having the same diameter; the bristles of the outer ring arranged in two opposing arc-shaped tufts; the central bristle tufts being no taller than the loop configurations; three peripheral tufts spaced apart in a line along each side of the distal loop configuration; three peripheral tufts spaced apart in a line on each side of the proximal loop configuration; each peripheral bristle tuft having a generally uniform diameter from the head to the tip; two distal bristle tufts, each with a slight arc-shape, having bristles of uniform length; the distal bristle tufts having a slight gap between them at the base, but converging together to close the gap at the tip s; the distal bristle tufts being shorter in Colgate's Proposed Construction The claim is for a design for a set of bristles for a toothbrush as shown in the figures. The claimed design includes the bristle design which is the portion of the design shown in solid lines. The remainder of the toothbrush, which is shown in broken lines, forms no part of the claimed design. It is this claimed design in the figures that is to be compared to the accused products.

8

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 11 of 18

U.S. Patent D516,819

Ranir's Proposed Construction height than the peripheral bristle tufts; two proximal bristle tufts, each with a slight arc-shape, including bristles of uniform length; and the proximal bristle tufts being shorter in height than the peripheral bristle tufts. Figs. 1-5

Colgate's Proposed Construction

Claim Chart for U.S. Patent D514,812 U.S. Patent D514,812 See Figures Ranir's Proposed Construction A toothbrush including: a front handle segment having a width that gradually increases from the end adjacent to the neck to the end opposite the neck; a transition handle segment that has an oval-shaped cross-section that is longer in the vertical direction; a grip material that overlies approximately only the lower half of the transition handle segment and the rear handle segment, forming a straight dividing line along the sides and rear of the handle; and a narrow ring of uniform width formed around the finger grip between the grip material and the finger grip. Figs. 1-5 Colgate's Proposed Construction The claim is for a design for a center handle portion of a toothbrush as shown in the figures. The generally almondshaped regions depicted in broken lines on opposing sides of the handle and the unshaded areas within have been disclaimed. The remainder of the toothbrush which is shown in broken lines forms no part of the claimed design. It is this claimed design that is to be compared to the accused products.

9

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 12 of 18

Claim Chart for U.S. Patent D516,818 U.S. Patent D516,818 See Figures Ranir's Proposed Construction A toothbrush including: a handle having a front handle segment with a width that gradually increases from the end adjacent to the neck to the end opposite the neck; a transition handle segment that has an oval-shaped cross-section that is longer in the vertical direction; a rear handle segment that is generally round in cross-section; and a grip material that overlies approximately only the lower half of the transition handle segment and the rear handle segment, forming a straight dividing line along the sides and rear of the handle. Figs. 1-5 Colgate's Proposed Construction The claim is for a design for a handle portion of a toothbrus h as shown in the figures. The claimed design includes the handle shown in solid lines and depicted with line shading. The head of the toothbrush which is shown in broken lines forms no part of the claimed design. The generally almond-shaped regions depicted in broken lines on opposing sides of the handle and the unshaded areas within form no part of the claimed design. The nine elongated strip-shaped regions depicted in broken lines on the back of the handle and the unshaded areas within form no part of the claimed design. It is this claimed design that is to be compared to the accused products.

Claim Chart for U.S. Patent D517,812 U.S. Patent D517,812 See Figures Ranir's Proposed Construction A toothbrush including: a head supporting a set of bristles; a neck that is narrower than the head; a front handle segment having a width that increases from the end adjacent to the neck to the end opposite the neck; a transition handle segment that has an oval-shaped cross-section that is longer Colgate's Proposed Construction The claim is for the overall design of a toothbrush as shown in the figures. No portions have been disclaimed. It is the design in the figures that is to be compared to the accused products.

10

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 13 of 18

U.S. Patent D517,812

Ranir's Proposed Construction in the vertical direction; a rear handle segment that is generally round in cross-section; a rear handle segment that is straight; a grip material that overlies approximately only the lower half of the transition handle segment and the rear handle segment, forming a straight dividing line along the sides and rear of the handle; transverse slots that are parallel; transverse that slots are narrow, and extend across approximately the entire width of the handle; a thumb grip having a football shaped periphery; a finger grip having a football shaped periphery; nubs on the thumb grip that are arranged in three rings, each ring having approximately the same football shape as the thumb grip periphery; nubs on the finger grip that are arranged in an outer ring and an inner ring having approximately the same football shape as the finger grip periphery, and a line extending in a longitudinal direction within the inner ring; a narrow ring of uniform width formed around the finger grip between the grip material and the finger grip; a tongue cleanser overlying

Colgate's Proposed Construction

11

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 14 of 18

U.S. Patent D517,812

Ranir's Proposed Construction approximately the entire lower surface of the head; a portion of the tongue cleanser extending over a portion of the lower surface of the neck; nubs covering approximately the entire surface of the tongue cleanser; the tips of the nubs extending outwardly at a uniform distance from the lower surface of the head; the nubs arranged in rows extending in a longitudinal direction; the nubs approximately evenly spaced on the tongue cleanser; three white circles evenly spaced along the longitudinal axis of the toothbrush within the tongue cleanser; the loop configurations approximately evenly spaced on the head; the loop configurations each having the same diameter; an outer bristle ring comprised of two arc-shaped bristle tufts on opposite sides of the middle loop configuration, the bristles of the outer ring are taller than the loop configurations; the central bristle tufts being no taller than the loop configurations; three peripheral tufts spaced apart in a line along each side of the distal loop configuration; three peripheral tufts spaced apart in a

Colgate's Proposed Construction

12

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 15 of 18

U.S. Patent D517,812

Ranir's Proposed Construction line on each side of the proximal loop configuration; each peripheral bristle tuft having a generally uniform diameter from the head to the tip; two distal bristle tufts, each with a slight arc-shape, having bristles of uniform length; the distal bristle tufts having a slight gap between them at the base, but converging together to close the gap at the tips; the distal bristle tufts being shorter in height than the peripheral bristle tufts; two proximal bristle tufts, each with a slight arc-shape, including bristles of uniform length; and the proximal bristle tufts being shorter in height than the peripheral bristle tufts. Figs. 1-7

Colgate's Proposed Construction

Claim Chart for U.S. Patent D517,813 U.S. Patent D517,813 See Figures Ranir's Proposed Construction A toothbrush including: a front handle segment with a width that gradually increases from the end adjacent to the neck to the end opposite the neck; a transition handle segment that has an oval-shaped cross-section that is longer Colgate's Proposed Construction The claim is for a design for a handle portion of a toothbrush as shown in the figures. The claimed design includes the handle which is the portions of the handle that is shown in solid lines and depicted with line and stipple (i.e., formed by dots) shading. The head of the toothbrush which is shown in broken lines forms no part of the claimed design. The generally almond-shaped regions depicted in broken lines on opposing sides of the handle

13

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 16 of 18

U.S. Patent D517,813

Ranir's Proposed Construction in the vertical direction; a rear handle segment that is generally round in cross-section; and a grip material that overlies approximately only the lower half of the transition handle segment and the rear handle segment, forming a straight dividing line along the sides and rear of the handle. Figs. 1-5

Colgate's Proposed Construction and the unshaded areas within form no part of the claimed design. The nine elongated strip-shaped regions depicted in broken lines on the bottom of the handle and the unshaded areas within form no part of the claimed design. The appearance of the area shaded with the line shading technique contrasts with the appearance of the area shaded with the stipple shading technique. It is this claimed design that is to be compared to the accused products.

Claim Chart for U.S. Patent D520,753 U.S. Patent D520,753 See Figures Ranir's Proposed Construction A toothbrush including: a plurality of bristles, wherein some of the bristles form loop configurations that each have a circular shape formed from four arc-shaped elastomers, the loop configurations are approximately evenly spaced on the head; the loop configurations each having the same diameter; the bristles of the outer ring arranged in two opposing arc-shaped tufts; the central bristle tufts being no taller than the loop configurations; three peripheral tufts spaced apart in a line along each side of the distal loop configuration; three peripheral tufts spaced apart in a line on each side of the proximal loop Colgate's Proposed Construction The claim is for a design for a set of bristles for a toothbrush as shown in the figures. These figures consist of FIGS. 4-6 in the patent as originally printed and FIGS. 1-3 in the Certificate of Correction. The claimed design includes the bristle design which is the portion shown in photographic imagery. The remainder of the toothbrush, which is shown in broken lines, forms no part of the claimed design. It is this claimed design in the figures that is to be compared to the accused products.

14

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 17 of 18

U.S. Patent D520,753

Ranir's Proposed Construction configuration; each peripheral bristle tuft having a generally uniform diameter from the head to the tip; two distal bristle tufts, each with a slight arc-shape, having bristles of uniform length; the distal bristle tufts having a slight gap between them at the base, but converging together to close the gap at the tips; the distal bristle tufts being shorter in height than the peripheral bristle tufts; two proximal bristle tufts, each with a slight arc-shape, including bristles of uniform length; and the proximal bristle tufts being shorter in height than the peripheral bristle tufts. Figs. 1-6

Colgate's Proposed Construction

15

Case 1:06-cv-00417-GMS

Document 39-2

Filed 05/08/2007

Page 18 of 18

/s/ Francis DiGiovanni . Francis DiGiovanni (#3189) [email protected] Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 N. Orange Street Wilmington, DE 19899 (302) 658-9141 Robert F. Altherr, Jr. Nina L. Medlock Christopher B. Roth Elizabeth A. Almeter Banner & Witcoff, Ltd. 1100 13th Street, N.W., Suite 1200 Washington, D.C. 20005 Attorneys for Plaintiff, Colgate-Palmolive Company

/s/ Steven J. Balick . Steven J. Balick (#2114) sbalick@ashby- geddes.com Ashby & Geddes 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, Delaware 19899 (302) 654-1888 James Moskal Warner Norcross & Judd 900 Fifth Third Center 111 Lyon Street, N.W. Grand Rapids, MI 49503-2487 Attorneys for Defendant, Ranir, L.L.C.

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 1 of 7

EXHIBIT 2

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 2 of 7

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 3 of 7

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 4 of 7

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 5 of 7

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 6 of 7

Case 1:06-cv-00417-GMS

Document 39-3

Filed 05/08/2007

Page 7 of 7

Case 1:06-cv-00417-GMS

Document 39-4

Filed 05/08/2007

Page 1 of 5

EXHIBIT 3

Case 1:06-cv-00417-GMS

Document 39-4

Filed 05/08/2007

Page 2 of 5

Case 1:06-cv-00417-GMS

Document 39-4

Filed 05/08/2007

Page 3 of 5

Case 1:06-cv-00417-GMS

Document 39-4

Filed 05/08/2007

Page 4 of 5

Case 1:06-cv-00417-GMS

Document 39-4

Filed 05/08/2007

Page 5 of 5

Case 1:06-cv-00417-GMS

Document 39-5

Filed 05/08/2007

Page 1 of 6

EXHIBIT 4

Case 1:06-cv-00417-GMS

Document 39-5

Filed 05/08/2007

Page 2 of 6

Case 1:06-cv-00417-GMS

Document 39-5

Filed 05/08/2007

Page 3 of 6

Case 1:06-cv-00417-GMS

Document 39-5

Filed 05/08/2007

Page 4 of 6

Case 1:06-cv-00417-GMS

Document 39-5

Filed 05/08/2007

Page 5 of 6

Case 1:06-cv-00417-GMS

Document 39-5

Filed 05/08/2007

Page 6 of 6

Case 1:06-cv-00417-GMS

Document 39-6

Filed 05/08/2007

Page 1 of 5

EXHIBIT 5

Case 1:06-cv-00417-GMS

Document 39-6

Filed 05/08/2007

Page 2 of 5

Case 1:06-cv-00417-GMS

Document 39-6

Filed 05/08/2007

Page 3 of 5

Case 1:06-cv-00417-GMS

Document 39-6

Filed 05/08/2007

Page 4 of 5

Case 1:06-cv-00417-GMS

Document 39-6

Filed 05/08/2007

Page 5 of 5

Case 1:06-cv-00417-GMS

Document 39-7

Filed 05/08/2007

Page 1 of 6

EXHIBIT 6

Case 1:06-cv-00417-GMS

Document 39-7

Filed 05/08/2007

Page 2 of 6

Case 1:06-cv-00417-GMS

Document 39-7

Filed 05/08/2007

Page 3 of 6

Case 1:06-cv-00417-GMS

Document 39-7

Filed 05/08/2007

Page 4 of 6

Case 1:06-cv-00417-GMS

Document 39-7

Filed 05/08/2007

Page 5 of 6

Case 1:06-cv-00417-GMS

Document 39-7

Filed 05/08/2007

Page 6 of 6

Case 1:06-cv-00417-GMS

Document 39-8

Filed 05/08/2007

Page 1 of 5

EXHIBIT 7

Case 1:06-cv-00417-GMS

Document 39-8

Filed 05/08/2007

Page 2 of 5

Case 1:06-cv-00417-GMS

Document 39-8

Filed 05/08/2007

Page 3 of 5

Case 1:06-cv-00417-GMS

Document 39-8

Filed 05/08/2007

Page 4 of 5

Case 1:06-cv-00417-GMS

Document 39-8

Filed 05/08/2007

Page 5 of 5

Case 1:06-cv-00417-GMS

Document 39-9

Filed 05/08/2007

Page 1 of 6

EXHIBIT 8

Case 1:06-cv-00417-GMS

Document 39-9

Filed 05/08/2007

Page 2 of 6

Case 1:06-cv-00417-GMS

Document 39-9

Filed 05/08/2007

Page 3 of 6

Case 1:06-cv-00417-GMS

Document 39-9

Filed 05/08/2007

Page 4 of 6

Case 1:06-cv-00417-GMS

Document 39-9

Filed 05/08/2007

Page 5 of 6

Case 1:06-cv-00417-GMS

Document 39-9

Filed 05/08/2007

Page 6 of 6

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 1 of 13

EXHIBIT 9

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 2 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 3 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 4 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 5 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 6 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 7 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 8 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 9 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 10 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 11 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 12 of 13

Case 1:06-cv-00417-GMS

Document 39-10

Filed 05/08/2007

Page 13 of 13

Case 1:06-cv-00417-GMS

Document 39-11

Filed 05/08/2007

Page 1 of 1

CERTIFICATE OF SERVICE I, Francis DiGiovanni, hereby certify that on May 8, 2007, I caused a copy of the foregoing document to be served by e-mail and hand-delivery on the following counsel of record: Steven J. Balick Ashby & Geddes 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, Delaware 19801 [email protected] I, Francis DiGiovanni, hereby certify that on May 8, 2007, I caused a copy of the foregoing document to be served by e-mail and by U.S. Mail on the following counsel of record: James Moskal, Esq. Warner Norcross & Judd LLP 900 Fifth Third Center 111 Lyon Street NW Grand Rapids, MI 49503-2487 [email protected] /s/ Francis DiGiovanni Francis DiGiovanni (#3189) CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building ­ 9th Floor 1007 North Orange Street Wilmington, Delaware 19801 (302) 658-9141 [email protected]

536298

3