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

V Case 1 :04-cv-01507-SLB Document 266-2 Filed 07/06/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I LP MATTHEWS, L.L.C., ) '
)
Plaintiff] )
)
’ v. ) C.A. N0. 04-1507 (SLR) '
) J URY TRIAL DEMANDED
BATH & BODY WORKS, INC., )
and )
LIMITED BRANDS, INC., ) _
and ) I
KAO BRANDS CO. (f/k/ a THE ANDREW ) A p
J ERGENS COMPANY), )
and )
KAO CORPORATION, . )
) 1
Defendants. ) L
DECLARATION OF DAVID M. HILL 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. § 102 f
I, David M. Hill, hereby declare as follows:
l. 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 B
A Defendants"). I am a member of the Bar of the State of New York and have been admitted pro
hac vice to represent the Limited Defendants in this action. I have personal knowledge of the p
matters stated in this declaration and would testify truthfully if called upon to do so. i
2. Attached hereto as Exhibit A is a true and correct copy of United States Patent
No. 5,063,062, dated November 5, 1991.
3. Attached hereto as Exhibit B is a true and correct copy of United States Patent H
No. 4,014,995, dated March 29, 1977.

Case 1 :04-cv-01507-SLR Document 266-2 Filed 07/06/2006 Page 2 of 2
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1 4. Attached hereto as Exhibit C is a true and correct copy of excerpts from George
Hurst’s book entitled Soaps, A Practical Manual ofthe Manufacture of Domestic Toilet anal
A Other Soaps, Second Edition, dated 1907. ,
5. Attached hereto as Exhibit D is a true and correct copy of excerpts from the
January 14, 2006 deposition of Phillip Low.
1 6. Attached hereto as Exhibit E is a true and correct copy ofthe Updated Expert ii
Report of Christopher T. Rhodes Pursuant to Federal Rule of Civil Procedure 26(A)(2)(b), dated p
March 6, 2006.
· 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 6th day of July, 2006. o
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