Free Declaration in Support - District Court of California - California

Case 3:O7—cv—O2385-PJH Document 59-4 Filed O3/20/2008 Pagei 0f2
Exhibit C
to Baker Declaration In Support of
Defendants’ Opposition to Plaintiffs
Motion to Strike Steele Declaration

Case 3:O7—cv—O2385-PJH Document 59-4 Filed O3/20/2008 Page 2 of 2
_ EBIEEVQBBB ElEl: 50 831 7244658 NURDIQ NATURAL5 PAGE gg
Exhibit l
Applicantt Joar Opheim
Serial Number; l0r'646,898
Filed: Aug. 22, 2003
Examiner; Isis Ghali 7
Group Art Unit: 1615
DECLARATION [jBQ§R 37 C.F.R. Section 1.132
I, Joar Opheim declare and say as follows:
I am a citizen of Norway and reside in Aptos, CA
.l am the inventor in the above identified. patent application, and am. the Chief Executive
Officer of Nordic Naturals, Inc., the assignee of this application Nordic Naturals .
manufactures and sells various fish oil products, among which are the flavored gelatin
capsules which are the subject of this patent application. These flavored capsules have
been a great commercial success over the past few years. The sales of various products
are summarized in the table, below for co.mparison.
Bottles Sold Flavored Gel Unflavored Gel Flavored Non-Flavored
Ca » sules Ca . sules Li · uids Li ¤ uids
2003 402 912 30,628 140.278 673
2004 306,997 35,211 289,747 13.631
2005 l 396 520 36 569 411.390 29 774
2006 (through 995,917 28,081 240,701 18,477
June
It can be seen that the flavored capsules were much more popular than the other products
and I attribute this in significant part to the flavored. capsules. These flavored capsules are
unique to Nordic Naturals and have showed a higher growth rate than capsules without
Havering and the general market for fish oil capsules.
In July 2006, the Flavored Gel Capsules represented approxirnately 43% ofthe United
States market for fish oil capsules sold in Health Food Stores. .
All statements made herein of my own knowledge are true and all statements made on
information and belief are believed to he true; these statements were made with the
knowledge that willful false statements and the like so made are punishable by fine and
imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that
such willful false statements may jeopardize the validity ofthe appI_i.cation or any patents
issuing hereon.
Further cleolarant saith not.
. i Date: 2 fi Gé ·
Joar Ophei

Case 3:07-cv-02385-PJH

Document 59-4

Filed 03/20/2008

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Case 3:07-cv-02385-PJH

Document 59-4

Filed 03/20/2008

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