Free Declaration - District Court of Arizona - Arizona

1 Terry E. Fenzl (#002485) C. Mark Kittredge (#013907) 2 PERKINS COIE BROWN & BAIN P.A. 3 2901 North Central Avenue Post Office Box 400 4 Phoenix, Arizona 85001-0400 (602) 351-8000 5 [email protected] 6 [email protected] 7 Attorneys for Defendants 8 9 10 11 12 Richard G. Krauth, an individual, and R.M. Wade & Co., an Oregon corporation, 13 Plaintiffs, 14 15 vs. No. CV 04-0544 PHX PGR DECLARATION OF C. MARK KITTREDGE DATED MAY 19, 2006 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

16 Phelps Dodge Corporation, a New York 17 corporation, et al., 18 Defendants.

19 Phelps Dodge Corporation, a New York 20 corporation, et al., 21 22 23 Counterclaim Plaintiffs, vs.

Richard G. Krauth, an individual, and R.M. 24 Wade & Co., an Oregon corporation, 25 26 27 28
Case 2:04-cv-00544-PGR Document 99 Filed 05/19/2006 Page 1 of 4

Counterclaim Defendants.

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I, C. Mark Kittredge, declare as follows: 1. I am one of the attorneys representing Defendants in this matter. I have Attached as Exhibit 2 to Phelps Dodge's Opening Claim Construction Brief Attached as Exhibit 3 to Phelps Dodge's Opening Claim Construction Brief Attached as Exhibit 4 to Phelps Dodge's Opening Claim Construction Brief

personal knowledge of the facts stated below. 2.

is a true and correct copy of U.S. Patent No. 5,005,806. 3.

is a true and correct copy of U.S. Patent No. 5,030,279. 4.

are true and correct copies of excerpts from the prosecution histories of U.S. Patent Nos. 5,005,806 and 5,030,279. 5. Attached as Exhibit 5 to Phelps Dodge's Opening Claim Construction Brief

is a true and correct copy of Heap Leaching Gold and Silver Ores by B. M. Clem published in April 1982. 6. Attached as Exhibit 6 to Phelps Dodge's Opening Claim Construction Brief

is a true and correct copy of page 197 of Webster's Ninth New Collegiate Dictionary published in 1996. 7. is a true and correct copy of § 2111.03 of the Manual of Patent Examining Procedure. 8. Attached as Exhibit 7 to Phelps Dodge's Opening Claim Construction Brief Attached as Exhibit 8 to Phelps Dodge's Opening Claim Construction Brief

is a true and correct copy of the Expert Report of Dr. Martin Kuhn and all exhibits thereto. 9. Attached as Exhibit 9 to Phelps Dodge's Opening Claim Construction Brief Attached as Exhibit 10 to Phelps Dodge's Opening Claim Construction

is a true and correct copy of the Expert Report of Jackson Jenkins. 10. Brief is a true and correct copy of Plaintiffs' Amended Response to Interrogatories.

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11.

Brief is a true and correct copy of Plaintiffs' Request for Reexamination.

Attached as Exhibit 11 to Phelps Dodge's Opening Claim Construction

I declare under penalty of perjury that the foregoing is true and correct. Executed on this 19th day of May, 2006. s/ C. Mark Kittredge

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Case 2:04-cv-00544-PGR

CERTIFICATE OF SERVICE I hereby certify that on May 19, 2006, I electronically transmitted the attached documents to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Daniel R. Malinski [email protected] BURCH & CRACCHIOLO, P.A. 702 East Osborn, Suite 200 Phoenix, Arizona 85014 Attorneys for Plaintiffs and Counterclaim Defendants Peter E. Heuser [email protected] Elizabeth A. Tedesco [email protected] KOLISCH HARTWELL, P.C. 200 Pacific Building 520 S.W. Yamhill Street Portland, Oregon 97204 Attorneys for Plaintiffs and Counterclaim Defendants I hereby certify that on May 19, 2006, I served the attached document by hand delivery to: The Honorable Paul G. Rosenblatt United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 621 401 West Washington Street, SPC 56 Phoenix, AZ 85003-2156 s/ Janet Roe

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