Free Opening Brief in Support - District Court of Delaware - Delaware

i Case 1 :04-cv-01507-SLB Document 270-2 Filed 07/06/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
‘ FOR THE DISTRICT OF DELAWARE
LP MATTHEWS, L.L.C., ) F
)
Plaintiff, )
)
v. ) C.A. N0. 04-1507 (SLR) '
) JURY TRLAL DEMANDED
BATH & BODY WORKS, INC., ) I
and ) .
LIMITED BRANDS, INC., ) 1
and ) `
KAO BRANDS CO. (f/k/a THE ANDREW )
JERGENS COMPANY), ‘ ) (
and )
KAO CORPORATION, ) 1
. )
Defendants. ) ;
DECLARATION OF DAVID M. HILL, ESQ. IN SUPPORT OF THE
. OPENING BRIEF IN SUPPORT OF DEFENDANTS BATH & BODY
WORKS, INC. AND LIMITED BRANDS, INC.’S MOTION FOR
SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 103 *
I, David M. Hill, hereby declare as follows: _
l. I am a partner of Ward & Olivo, counsel of record in this action for Defendants
I Bath & Body Works, Inc. and Limited Brands, Inc. (collectively referred to as the "Limited
Defendants"). I am a member of the Bar of the State of New York and have been admitted pro H
hac vice to represent the Limited Defendants in this action. I have personal knowledge of the
matters stated in this declaration and would testify truthiirlly if called upon to do so. A
2. Attached hereto as Exhibit A is a true and correct copy of United States Patent .
No. 5,063,062, dated November 5, l99l.
3. Attached hereto as Exhibit B is a true and correct copy of United States Patent Y
No. 4,620,937, dated November 4, 1986.

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F 4. Attached hereto as Exhibit C is a true and correct copy of an article written by ?
Richard Coleman published in The Citrus Industry in November 1975.
_ 5. Attached hereto as Exhibit D is a true and correct copy of an excerpt from The I
Physicians’ Desk Reference, 24th ed., 1969.
6. Attached hereto as Exhibit E is a true and correct copy of United States Patent No. y
- 4,014,995, dated March 29, 1977. i
7. Attached hereto as Exhibit F is a true and correct copy of United States Patent U
Application Ser. No. 07/786,804 ("the ‘804 application") as filed on November 4, 1991.
. 8. Attached hereto as Exhibit G is a true and correct copy ofthe Board of Patent t
Appeals & Interferences’ Decision on Appeal regarding the ‘804 application, dated April 15, J
U 1 997.
9. Attached hereto as Exhibit H is a true and correct copy of excerpts from the
January 14, 2006 deposition of Phillip Low.
10. Attached hereto as Exhibit lis a true and correct copy of an Office Action A
regarding United States Patent Application Ser. No. 07/413,395 ("the ‘395 application"), dated A
_ June 18, 1990. 7
i 11. Attached hereto as Exhibit J is a true and correct copy of an Office Action p
Response regarding the ‘395 application, dated September 18, 1990. A
12. Attached hereto as Exhibit K is a true and correct copy of an Office Action
regarding the ‘395 application, dated December 20, 1990.
13. Attached hereto as Exhibit L is a true and correct copy of an Office Action V
regarding the ‘804 application, dated April 6, 1992.
2

Case 1 :04-cv-01507-SLR Document 270-2 Filed 07/06/2006 Page 3 of 3
14. Attached hereto as Exhibit M is a true and correct copy of an Office Action J
Response regarding the ‘804 application, dated July 6, 1992.
15. Attached hereto as Exhibit N is a true and correct copy of the Expert Report of
l
John Carson, dated February 28, 2006.
16. Attached hereto as Exhibit O is a true and correct copy of excerpts from George
Hurst’s book entitled Soaps, A Practical Manual ofthe Manufacture of Domestic Toilet and l
Other Soaps, Second Edition, dated 1907. w
I declare under penalty of perjury under the laws of the United States of America that the p
foregoing is true and correct. Executed at New York, New York, this 6th day of July, 2006.
' {
J Da i M. Hill
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