`Patent 6,974,569
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`
`CONOPCO, INC. d/b/a UNILEVER
`Petitioner
`
`v.
`
`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`
`_________________________
`
`Case IPR2013-00505
`Patent 6,974,569
`_________________________
`
`
`
`DECLARATION OF ERIC JOHNSON
`
`
`
`1. My name is Eric Johnson. I am currently a Research Fellow at The
`
`Case IPR2013-00505
`Patent 6,974,569
`
`
`Procter & Gamble Company (“P&G”) in Cincinnati, Ohio. I have been employed
`
`by P&G in various capacities since 1998.
`
`2.
`
` I have a Bachelor of Science degree in Chemistry from Olivet
`
`Nazarene University in Kankakee, Illinois, which I earned in 1994. In addition, I
`
`have a Ph.D. in Organic Chemistry from Purdue University in West Lafayette,
`
`Indiana, which I earned in 1998.
`
`3.
`
`I am providing this Declaration in connection with the Inter Partes
`
`Review proceeding, listed above. I have personal knowledge of the information in
`
`this Declaration and exhibits thereto.
`
`4.
`
`I have reviewed the current global formulas of P&G’s shampoo
`
`products containing anti-dandruff particulates. I have also reviewed historical
`
`formulas for such shampoos beginning in 2000. Representative examples of such
`
`shampoo formulas are attached as Exhibit 2021. P&G maintains current and
`
`historical shampoo formulae as business records in the regular course of its
`
`business.
`
`5.
`
`I have reviewed and I am familiar with the claims of United States
`
`Patent No. 6,974,569 (“the ’569 patent”). I have compared the formulae for the
`
`shampoos listed in Exhibit 2021 with the limitations set forth in the claims of
`
`the ’569 patent.
`
`
`
`1
`
`
`
`Case IPR2013-00505
`Patent 6,974,569
`
`Each of the shampoos set forth in Exhibit 2021 has: a) from about 5%
`
`6.
`
`to about 50%, by weight, of an anionic surfactant; b) from about 0.01% to about
`
`10%, by weight, of a non-volatile conditioning agent; c) from about 0.1% to about
`
`4%, by weight, of an anti-dandruff particulate; d) from about 0.02% to about 5%,
`
`by weight, of a cationic polymer; e) water; and, f) from about 0.1% to about 10%,
`
`by weight of the composition, of a suspending agent. Exhibit 2021 includes the
`
`formula information for each of the listed shampoos.
`
`7.
`
`At my direction, parameter tests were performed on the five
`
`individual shampoos listed in Exhibit 2021. The specific shampoos tested were:
`
`Head and Shoulders® Classic Clean (North America), Head and Shoulders® Deep
`
`Clean (North America), Head and Shoulders® Smooth and Silky (Greater China),
`
`Head and Shoulders® Citrus Breeze (North America), and Head and Shoulders®
`
`Natural Shine (Greater China).
`
`8.
`
`The parameter tests were performed exactly as described in the ’569
`
`patent to determine a bioavailability/coverage index (’569 patent at 33:26-36:10), a
`
`first conditioning index (id. at 36:11-38:58), a second conditioning index (id. at
`
`38:59-42:11).
`
`9.
`
`The MIC value is determined by the anti-dandruff active, and zinc
`
`pyridinethione has an MIC value of 1.
`
`
`
`2
`
`
`
`10. Each of the listed shampoos has: a) a bioavailability/coverage index
`
`Case IPR2013-00505
`Patent 6,974,569
`
`
`value, of at least about 1.25; b) a first conditioning index value, of less than or
`
`equal to about 1.0; c) a second conditioning index value, of at least about 1.5; and,
`
`d) a minimal inhibitory concentration index value, of at least about 0.125.
`
`11. Based on my personal knowledge of P&G’s shampoo formulae, it is
`
`my opinion that these five shampoos are representative of a larger set of products
`
`that I will collectively refer to as “the ’569 Products.” Based on testing completed
`
`on the representative shampoos and my experience with P&G’s shampoos, it is my
`
`opinion that each of the ’569 Products would have: a) a bioavailability/coverage
`
`index value, of at least about 1.25; b) a first conditioning index value, of less than
`
`or equal to about 1.0; c) a second conditioning index value, of at least about 1.5;
`
`and, d) a minimal inhibitory concentration index value, of at least about 0.125.
`
`12. Based on my knowledge of and experience with P&G’s shampoo
`
`formulae, the testing described above, and my review of the claims of the ’569
`
`patent, it is my opinion that each of the ’569 Products falls within the scope of one
`
`or more claims of the ’569 patent.
`
`
`
`
`
`
`
`3
`
`
`
`Case [PR2013-00505
`
`Patent 6,974,569
`
`13.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true, and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`Executedon:W 2ERIC JOHNS
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
