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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Cyanotech Corporation
`Petitioner
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`v.
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`The Board of Trustees of the University of Illinois
`Patent Owner
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`_______________________
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`IPR2013-00401
`Case:
`Patent No.: 5,527,533
`_______________________
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`Declaration of Dr. Rudi Moerck In Support of Patent Owner’s Response to
`Petitioner’s Objections To Evidence Pursuant to 37 C.F.R. § 42.64(b)(2)
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`I, Dr. Rudi Moerck, declare as follows:
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`1.
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`I am the President and Chief Executive Officer of U.S. Nutraceuticals
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`dba Valensa International (“Valensa”). Valensa is an exclusive licensee to U.S.
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`Patent No. 5,527,533 (“the Tso patent”), which is the subject of the above-
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`identified Inter Partes Review. I offer this declaration in support of Patent
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`Owner’s Response to Petitioner’s Objections To Evidence Pursuant to 37 C.F.R. §
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`42.64. I have personal knowledge of the matters set forth herein, and if called
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`upon would testify as follows.
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`2.
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`I have been informed that in response to Petitioner’s March 28, 2014
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`Objections to Patent Owner’s Evidence Pursuant to 37 C.F.R. § 42.64(b)(2), Patent
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`Owner will be submitting the following documents:
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`Exhibit No.
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`UNIVERSITY
`Exhibit 2033
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`UNIVERSITY
`Exhibit 2034
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`UNIVERSITY
`Exhibit 2035
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`UNIVERSITY
`Exhibit 2036
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`Description
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`Product Use and Trademark License between Valensa
`International and Futurebiotics, LLC, dated July 1, 2009
`(VALENSA002415)
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`Product Use and Trademark License between Valensa
`International and Quality Supplements and Vitamins, Inc.
`dba Life Extension, dated September 21, 2009
`(VALENSA002424).
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`Product Use and Trademark License between Valensa
`International and NOW Health Group, Inc., dated May 12,
`2010 (VALENSA002432).
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`Amendment 1 to Valensa International Product Use and
`Trademark License between Valensa International and
`Swanson Health Products, Inc., dated July 30, 2009
`(VALENSA002449).
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`3.
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`Each of the above-mentioned exhibits are true, authentic, and correct
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`copies of licenses into which Valensa has entered related to the Tso patent.
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`4.
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`The above-mentioned exhibits were executed on the dates specified
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`and written in each license agreement.
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`5.
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`Valensa keeps the above-mentioned exhibits in the course of its
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`regularly conducted business activities.
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`6.
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`It is the regular practice of Valensa to enter into contracts such as the
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`above-mentioned exhibits.
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`7.
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`University Exhibit 2033 (POX 2033) includes a license to the Tso
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`patent, and ensures that Valensa receives financial compensation, in the form of
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`sales of astaxanthin products, from its licensee’s use of the licensed patent rights.
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`8.
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`University Exhibit 2034 (POX 2034) includes a license to the Tso
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`patent, and ensures that Valensa receives financial compensation, in the form of
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`sales of astaxanthin products, from its licensee’s use of the licensed patent rights.
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`9.
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`University Exhibit 2035 (POX 2035) includes a license to the Tso
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`patent, and ensures that Valensa receives financial compensation, in the form of
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`sales of astaxanthin products, from its licensee’s use of the licensed patent rights.
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`10. Attached hereto as University Exhibit 2036 (POX 2036) is a license to
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`the Tso patent, and ensures that Valensa receives financial compensation, in the
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`form of sales of astaxanthin products, from its licensee’s use of the licensed patent
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`rights.
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`11. University Exhibit 2027 (POX 2027) is a true and correct copy of an
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`article by Dr. Mercola titled “Asthaxanthin: The Most Powerful Nutrient Ever
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`Discovered for Eye Health” dated Nov. 23, 2010. Today I confirmed that this
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`article, POX 2027, is still made publically available by Dr. Mercola through his
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`company’s website at:
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`http://articles.mercola.com/sites/articles/archive/2010/11/23/astaxanthin-the-eye-
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`antioxidant-550-times-more-powerful-than-vitamin-e.aspx.
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`12. University Exhibit 2025 (POX 2025) is a true and correct copy of an
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`article posted on Dr. Susan Smith Jones’ webpage which relates to natural health
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`supplements that is available at http://susansmithjones.com/book-‐page/skinny-‐
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`astaxanthin-‐%E2%80%94-‐king-‐antioxidants.
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`I declare, under penalty of perjury, that the foregoing is true and correct to the
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`best of my knowledge.
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`Dated: April 10, 2014
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`Dr. Rudi Moerck
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on April __,
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`2014, a true and correct copy of the foregoing Declaration of Dr. Rudi Moerck In
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`Support of Patent Owner’s Response to Petitioner’s Objections To Evidence
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`Pursuant to 37 C.F.R. § 42.64(b)(2) was served via electronic mail upon the
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`following:
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`Joseph A. Rhoa (Lead Counsel)
`Registration No. 37,515
`NIXON & VANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, VA 22203-1808
`Telephone: (703) 816-4043
`Email: jar@nixonvan.com
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`George E. Darby (Back-up Counsel)
`PARADISE PATENT SERVICES, INC.
`95 – 1045 Alakaina St.
`Mililani, HI 96789
`Telephone: (808) 626-1300
`Email: cyan@teleport-asia.com
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`Counsel for Petitioner Cyanotech Corporation, including
`its subsidiary, Nutrex Hawaii, Inc.
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`s/Mark D. Schuman
`Mark D. Schuman (Lead Counsel)
`Registration No. 31,197
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