Free Redacted Document - District Court of Delaware - Delaware

Case 1 :05-cv-00048-SLR Document 286 Filed 10/12/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HITACHI, LTD. and HITACHI AUTOMOTIVE )
PRODUCTS (USA), INC., )
)
Plaintiffs, )
)
v. )
) Civil Action No. 05-048-SLR
BORGWARNER INC. )
and BORGWARNER MORSE TEC INC., )
) PUBLIC VERSION
Defendants. )

)
. BORGWARNER INC., )
)
Counterclaimant, )
)
v. )
)
HITACHI, LTD. and HITACHI AUTOMOTIVE )
PRODUCTS (USA), INC., )
)
Cotmterdefendants. )
DECLARATION OF LISA A. SCHNEIDER IN SUPPORT OF
BORGWARNER'S MOTION FOR SUMMARY JUDGMENT THAT
THE BUTTERFIELD PAPER SUBMITTED TO IMECHE
DOES NOT CONSTITUTE PRIOR ART UNDER 35 U.S.C. §§ 102ga) OR 1020;)
Lisa A. Schneider, under penalty of perjury declares as follows:
1. I am a member in good standing of the Bar ofthe State of Illinois and a
partner at the law firm of Sidley Austin LLP, counsel to defendant Bo1·gWamer in the above
action.

Case 1 :05-cv-00048-SLR Document 286 Filed 10/12/2006 Page 2 of 3
2. I submit this declaration in support of defendant BorgWarner's Motion for
Summary Judgment That The Butterfield Paper Submitted to IMechE Does Not Constitute Prior
Art Under 35 U.S.C. §§ l02(a) Or 102(b).
3. Attached hereto as Exhibit 1 is a true and correct copy of deposition
Exhibit 4 marked during the deposition of Mr. Rogers. The document is a paper entitled "A
Unique Approach to Design of a VCT Mechanism" listing R. Butterfield as an author. I have no
personal knowledge regarding the authenticity of this document and, in particular, the
authenticity or accuracy of the IMechE stamp on the iirst page of the document.
4. Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent
Number 5,497,738.
5. Attached hereto as Exhibit 3 is a true and correct copy of the cited pages
of the Expert Report of Robert Kuhn, P.E. On The invalidity Of U.S. Patent No. 5,497,738
served by Hitachi.
6. Attached hereto as Exhibit 4 is a true and correct copy of the Sarah Rogers
deposition transcript.
7. Attached hereto as Exhibit 5 is a tme and correct copy of the Mike
Claxton deposition transcript.
8. Attached hereto as Exhibit 6 is a true and correct copy ofthe cited pages
of Plaintiffs Hitachi, Ltd's And Unisia North America, Inc.'s Reply To BorgWamer's Opposition
to Hitachi's Motion to Compel The Production of Withheld Prosecution Documents.
9. Attached hereto as Exhibit 7 is a true and correct copy of portions of
deposition Exhibit 3 marked at Ms. Rogers' deposition. This document bears Bates label
2

Case 1 :05-cv-00048-SLR Document 286 Filed 10/12/2006 Page 3 of 3
HIT04455 18-19. I have no personal knowledge regarding the authenticity or accuracy of this
document.
10. Attached hereto as Exhibit 8 is a true and correct copy of portions of
deposition Exhibit 3 marked at Ms. Rogers' deposition. This document bears Bates label
HIT0445520-21. I have no personal knowledge regarding the authenticity or accuracy of this
document.
l l. Attached hereto as Exhibit 9 is a true and correct copy of the cited pages
of the deposition transcript of Philip Mott. _
12. Attached hereto as Exhibit 10 is a true and correct copy of deposition
Exhibit 12 marked at Ms. Rogers' deposition. I have no personal knowledge regarding the
authenticity or accuracy of this document.
I declare under penalty of perjury that the foregoing is true and correct to the best
of my knowledge, information, and belief
Dated: October 4, 2006 By; % { Q Q .
Lisa A. Schneider
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