Case IPR2013-00448
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`Patent 5,89 1,45 3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CLIO USA, INC.
`Petitioner
`
`VD
`
`THE PROCTER & GAMBLE COMPANY
`
`Patent Owner
`
`Case IPR2013-00448
`
`Patent 5,891,453
`
`DECLARATION OF PAUL A. SAGEL
`
`P&G Exhibit 2023
`
`Clio USA V. P&G IPR2013-00448
`
`
`
`Patent 5,89 1,45 3
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CLIO USA, INC.
`Petitioner
`
`VD
`
`THE PROCTER & GAMBLE COMPANY
`
`Patent Owner
`
`Case IPR2013-00448
`
`Patent 5,891,453
`
`DECLARATION OF PAUL A. SAGEL
`
`P&G Exhibit 2023
`
`Clio USA V. P&G IPR2013-00448
`
`
`
`Case IPR2013—00448
`
`Patent 5,891,453
`
`INTRODUCTION
`
`1.
`
`My name is Paul Sagel.
`
`I am currently an employee of Patent Owner,
`
`The Procter & Gamble Company, which I will refer to in this declaration as “P&G.”
`
`2.
`
`I provide this declaration in connection with the above—identified Inter
`
`Partes Review proceeding that is pending in the United States Patent and
`
`Trademark Office. The facts stated in this declaration are based on my personal
`
`knowledge.
`
`3.
`
`I have been employed by P&G for 20 years. My current position at
`
`P&G is Research Fellow, and I am part of the Oral Care Product Development
`
`Group. For most of the past 20 years at P&G, my work has focused on
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`development of oral care products, and in particular, tooth whitening products.
`
`4.
`
`I am an inventor on numerous P&G patents related to tooth whitening
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`products.
`
`I am the principal inventor of the subject matter described and claimed
`
`in United States Patent No. 5,891,453 (“the ’453 patent”).
`
`5.
`
`Due to my work in the Oral Care Product Development Group at P&G,
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`I am personally familiar with P&G’s oral care products, in particular its tooth
`
`whitening products.
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`6.
`
`P&G manufactures and sells a line of tooth whitening products under
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`the brand name “Crest Whitestrips®.” I will refer to these products collectively as
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`the “P&G CWS Products.” For the past 17 years, I have been intimately involved
`
`
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`Case IPR20l3—0O448
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`Patent 5 ,891,453
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`in the research and development of the P&G CWS Products. As a result, I have
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`personal knowledge of the various P&G CWS Products, including their names,
`
`dates of commercial release, manufacturing, packaging and instructions,
`
`configurations, and formulations.
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`P&G CWS PRODUCTS
`
`A.
`
`The Hydrogel Products
`
`7.
`
`P&G introduced the first of the P&G CWS Products in 2000.
`
`
`
`9.
`
`P&G commercially launched the first P&G CWS Products in 2000 to
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`a limited test market, over the Internet, and through dental professionals. The
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`product, the first in the line of Hydrogel Products, was given the name Crest
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`Whitestrips®.
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`10.
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`In the original Whitestrips®, the gel contained hydrogen peroxide.
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`
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`Case IPR20l3-00448
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`Patent 5,891 453
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` _ The first product was packaged with 28 upper strips and 28
`
`lower strips. Users were instructed to wear the strips for 30 minutes per
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`application.
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`12.
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`In 2001, P&G expanded the Whitestrips® launch nationally and
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`introduced Whitestrips® Professional.
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` and was packaged with strip counts of 42 upper and 42
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`lower strips per package.
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`15. Over time, I, along with my team, further refined the P&G CWS
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`Products.
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`
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`Case IPR2013-00448
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`Patent 5,891,453
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`16.
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`In either late 2002 or early 2003, P&G launched two P&G CWS
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`Products: Whitestrips® Premium and Whitestrips® Supreme.
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`addition, the product was packaged with 14 upper and 14 lower strips.
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`18.
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`The gel in Whitestrips® Supreme contained hydrogen peroxide. Like
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`Whitestrips® Professional, this product was packaged with 42 upper and 42 lower
`
`
`strips,
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`
`
`19.
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`In 2004, P&G launched two P&G CWS Products. The first product
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`was called Whitestrips® Classic.
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`20.
`
`The second product launched in 2004 was Whitestrips® Premium Plus.
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`This product was the same as Whitestrips® Premium except it was packaged with
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`20 upper and 20 lower strips.
`
`21.
`
`In 2005 P&G launched Whitestrips® Renewal. This product was the
`
`
`same as Whitestrips® Premium,
`
`
`
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`Patent 5,891,453
`22.
`In 2007 P&G launched Whitestrips® 5 Minute Stain Shield (Daily
`
`
`Multicare with Tartar Control).
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`Case IPR2O 1 3-00448
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`
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`This product was
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`
`
`packaged with 28 upper and 28 lower strips.
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`23.
`
`In 2009 P&G launched Whitestrips® 5 Minute Gentle Routine,
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`
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`24.
`
`Later in 2009 the names of several P&G CWS Products were changed,
`
`but the products remained the same. Those rebranding changes are shown in the
`
`following chart:
`
`Old Product Name
`
`New Product Name
`
`3D White 5 Minute Stain Shield
`Whitestrips 5 Minute Stain Shield
`
`
`(Daily Multicare with Tartar Control)
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`Whitestrips®
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`Whitestrips 5 Minute Gentle Routine
`
`3D White 5 Minute Gentle Routine
`
`Whitestrips Premium
`
`3D White Vivid Whitestrips
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`B.
`
`The Advanced Sealm Products
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`25.
`In 2009 P&G launched an improvedtooth whitening strip product.
`
`
`
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`Case IPR2013-00448
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`Patent 5,891,453
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`Case IPR20l3-00448
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`Patent 5,891,453
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`Product Name
`
`Wear Times
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`3D White Professional
`20 upper and 20
`30 minutes per
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` Effects Whitestrips® lower application
`
` 3D White 2 Hour Express
` Whitestrips®
` 3D White Intensive
` Professional Effects
`
`
`
`Number of Strips Recommended
`
`
`
`
` Whitestrips®
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`PACKAGING AND MANUFACTURING OF THE CWS PRODUCTS
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`31.
`
`I have personal knowledge of the packaging used in the P&G CWS
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`Products, including the instructions included therein.
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`
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`32.
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`P&G includes the same generic instruction sheet in all of the current
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`Case IPR20 1 3-00448
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`Patent 5,891,453
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`P&G CWS Products.
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`33.
`
`Exhibit 2024 is a true and correct copy of the generic instruction sheet
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`that P&G includes in all of the current P&G CWS Products.
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`34.
`
`Exhibit 2025 contains true and correct photographs of box used for
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`the current Crest 3D White Gentle Routine Whitestrips®.
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`35.
`
`Exhibit 2026 contains true and correct photographs of box used for
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`the current Crest 3D White Whitestrips® with Advanced Seal — Professional
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`Effects.
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`36.
`
`Exhibit 2027 contains true and correct photographs of box used for
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`the current Crest 3D White Whitestrips® with Advanced Seal — Advanced Vivid.
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`37.
`
`Exhibit 2028 contains true and correct photographs of box used for
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`the current Crest 3D White Whitestrips® with Advanced Seal — Intensive
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`Professional Effects.
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`38.
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`Exhibit 2029 contains true and correct photographs of box used for
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`the current Crest 3D White Whitestrips® — Classic Vivid.
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`39.
`
`Exhibits 2030 and 2031 are true and correct photographs of the
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`backing layers in the P&G CWS Products.
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`40.
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`Exhibit 2032 contains true and correct copies of formula cards for
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`several of the P&G CWS Products, both Hydrogel and Advanced Sealm.
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`
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`Patent 5
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`Case IPR20l3-00448
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`42.
`
`The following chart summarizes the features of the various P&G
`
`CWS Products:
`
`Hydrogel or
`
`P&G CWS Product
`Advanced
`Relevant
`
`Sealm Name
`Features
`
`
`
`
`3D White Whitestrips —
`
`
`
`
`
` Gentle Routine
`
`3D White Whitestrips
`
`Advanced
`
`
`
`
`with Advanced Sealm —
`
`Professional Effects
`
`Sealm
`
`
`
`
`
`
`3D White Whitestrips
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`Advanced
`
`with Advanced Sealm —
`
`Sealw
`
`Advanced Vivid
`
`
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`Case IPR20l3—00448
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`Patent 5,891,453
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`Hydrogel or
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`P&G CWS Product
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`Advanced
`
`Relevant
`
`Name
`
`'
`
`Features
`
`3D White Whitestrips
`
`Advanced
`
`with Advanced Seal“ —
`
`TM
`
`Sea]
`
`Intensive Professional
`
`Effects
`
`3D White Whitestrips —
`
`Classic Vivid
`
`
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`Patent 5,891,453
`I hereby declare that all statements made herein of my own
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`43.
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`Case IPR20 13-00448
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`knowledge are true and that all statements made on information and belief are
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`believed to be true, and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
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`Dated: March 14, 2014
`
`Lea
`
`PAUL A. SAGEL
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