UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BLD SERVICES, LLC
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`Petitioner
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`v.
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`LMK TECHNOLOGIES, LLC
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`Patent Owner
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`Case No. IPR2014-00770
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`Patent No. 8,667,991
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`DECLARATION OF DAVID FLETCHER IN SUPPORT OF
`PETITIONER'S REPLY TO PATENT OWNER'S RESPONSE
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`----------------------------------
`
`BLD SERVICES, LLC
`
`Petitioner
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`v.
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`LMK TECHNOLOGIES, LLC
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`Patent Owner
`
`----------------------------------
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`Case No. IPR2014-00770
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`Patent No. 8,667,991
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`DECLARATION OF DAVID FLETCHER IN SUPPORT OF
`PETITIONER'S REPLY TO PATENT OWNER'S RESPONSE
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`1
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`1. My name is David Fletcher, and I am over 18 years of age, of sound
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`mind, and fully competent to make this declaration. I have personal knowledge of
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`the facts stated herein and if called upon to do so, I could competently testify
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`thereto.
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`2.
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`I have a Bachelor of Science degree in Civil Engineering from
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`Virginia Tech University. I have 27 years of relevant industry experience. During
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`these 27 years, I have acted as on-site project manager for pipe line repairs,
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`developed pipe liners to be used for cured-in-place repairs, and engineered pipe
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`liners and pipeline repair devices. Because of this broad practical and technical
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`experience, I am well aware of the state of the art at the art during the relevant time
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`period. These experiences have also given me a great deal of insight into the usage
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`of cured-in-place pipe liners and how these systems would have been routinely
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`modified for unique technical on-site challenges. I additionally understand how
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`one of ordinary skill in the art would have viewed and understood pipe liner
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`products and systems at the time of the alleged invention. My curriculum vitae is
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`attached as Exhibit 1.
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`3.
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`I have reviewed the patent prosecution history of U.S. Patent No.
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`8,667,991 ("the '991 patent") and the references denoted therein. I have also
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`reviewed the prior art, the Petition to Institute an Inter Partes Review (the
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`2
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`"Petition"), and the Patent Owner's Response under 37 C.F.R. § 42.120 (the
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`"Response"). I also was present during the Deposition of Norman E. Kampbell, the
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`individual that the Patent Owner offered as an expert for the '991 Inter Partes
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`Review. I also reviewed the Declarations of the Inventor, Larry M. Kiest, and Mr.
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`Kampbell. I provide the following remarks as one of at least ordinary skill in the
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`field of cured-in-place pipe repair and pipe liner systems. To the extent I have a
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`skill greater than the artisan of ordinary skill in this art, I am familiar with the
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`knowledge and background of one of ordinary skill in this art both now and at the
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`time of the invention disclosed in the '991 patent. My comments are based on the
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`currently claimed invention.
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`4.
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`In my opinion, the Petition adequately defined the scope of the art and
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`the ordinary level of skill in the art. Specifically, I agree with the statement that,
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`"[a] person of ordinary skill in the art at the time of the alleged invention of the
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`'991 patent would have at least an undergraduate degree in engineering and/or ten
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`years of experience in the pipe repair and/or pipeline installation industry." Petition
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`at 8. I also believe that this would include designers and field engineers, including
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`those that were specifying repair methods and procedures along with overseeing
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`on-site repairs and who may not publish all their work.
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`5.
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`In the Response, Patent Owner fails to recognize that the '597 patent
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`explicitly teaches a gasket positioned at the juncture between the lateral sewer pipe
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`3
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`and main line sewer pipe--a known weak point in Cured in Place Pipe ("CIPP")
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`repairs--to form a water tight seal between the preliner tube and the main line
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`sewer pipe and the lateral sewer pipe. See, e.g., Ex. 1003 at 4:18-22, 9:42-44. This
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`placement at the juncture would lead one of ordinary skill in the art to position a
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`gasket, or sealing material that would form a gasket, at the juncture, such as the
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`material disclosed and utilized in the device of the '118 patent. Ex. 1002 at 1:43-47,
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`5:28-33, 3:8-13; Ex. 1003 at 4:17-23. In fact, in the Response, the Patent Owner
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`did not appear to argue that the prior art reference did not teach all other elements
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`of the claimed invention of the ‘991 patent. See generally Response. Instead, the
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`Patent Owner focuses on the “gasket” and/or band of hydrophilic material placed
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`at the junction of the main-to-lateral connection. See, e.g., Response at 27-28, 32-
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`34. The prior art references teach all the parts of the claims of the ‘991 patent.
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`6.
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`Patent Owner argues that the term "paste" should be defined by its
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`plain and ordinary meaning. Response at 8. With respect to this statement, as liquid
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`sealing materials transition from a liquid to a solid (e.g., while curing), the
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`materials become gel-like or paste-like in the transition to a solid. See, e.g., Ex.
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`1003 at 10:50-63.
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`7.
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`A standard, ASTM F 2561-06, is described in the Response. ASTM
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`"standards" are not strict requirements as used in the industry – they merely serve
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`as a guideline that is often utilized (and often modified) by municipalities and
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`4
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`specifying engineers to produce the desired performance. See Ex. 2005 at ¶ 41, 42.
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`This standard, which the ordinarily skilled artisan could have readily applied,
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`acknowledges that the main sheet is wrapped around the "T" launching device and
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`held firmly by four hydrophilic O-rings. Ex. 2005 at p. 43. Then, a two-part 100%
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`solid epoxy is applied as a two-inch wide band in a volume of 300 mL to the main
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`sheet/lateral tube interface to adhere the lateral to the main body portion of the host
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`pipe or main liner. Ex. 2005 at p. 41, 43; Ex. 1010 at 77-79. This standard, which
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`was later amended as ASTM F 2561-11, does not specify where to place these four
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`hydrophilic O-rings. As such, one of ordinary skill in the art would have
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`understood that the placement of these rings was not particularly limited. One of
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`ordinary skill in the art would have routinely modified ASTM F 2561-06 as well as
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`modified certain aspects of the '118 patent.
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`8.
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`ASTM F 2561-11 was amended to remedy deficiencies in ASTM F
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`2561-06 and recites that "[t]he lateral tube shall include a hydrophilic O-ring
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`attached to the interior surface at the tail end of the tube." Ex. 2005 at p. 47 at
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`5.1.3; compare this to p. 42 at 5.1.3. This addition was not in 2561-06. Patent
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`Owner is therefore incorrect to state that the standard from 2006 used the
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`containment region approach. It wasn't until 2011 that the ASTM standard actually
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`incorporated a containment region approach by including a hydrophilic O-ring on
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`the terminal end of the lateral liner. Response at 41-42, 47. ASTM F 2561-11 is
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`5
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`irrelevant to the Board's decision because it does not constitute prior art and is only
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`useful to demonstrate that there were known technical flaws in commercial
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`performance of the '118 technology (as presented in ASTM F 2561-06). Response
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`at 39, 41-42; Ex. 2005 at pp. 41, 45, 46. Patent Owner, other than in the
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`declaration, failed to show any definitive data that would coincide with their
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`assertions about the undisputed success of the commercial performance of the '118
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`patent. Patent Owner is also incorrect in this regard – those of ordinary skill in the
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`art in the industry were aware that the embodiments of the '118 patent were prone
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`to leaking.
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`9.
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`Patent Owner's depiction of the '991 patent as including a T-Liner®
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`that has been installed in a host pipe that was previously repaired using a separate
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`CIPP main liner (Response at 24, 28) narrows the scope of the claims and suggests
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`the claims must include a CIPP main liner. The claims are broader than the T-
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`Liner® embodiment argued in the Response at 23-24, 28-29.
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`10.
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`Patent Owner acknowledged that "it was known in the art at the time
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`of the invention that underground sewer pipe is particularly vulnerable to leakage
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`occurring or developing at the connections (junctions) of lateral pipelines with a
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`mainline pipe." (Response at 37 emphasis added). I agree with the Patent Owner's
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`statement in this regard. Being a particular area of vulnerability, one of ordinary
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`skill in the art would have targeted this area to maximize the water sealing
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`6
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`performance of repair at or near the juncture of the lateral pipeline and the
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`mainline pipe. See, e.g., Ex. 1003 at 4:17-23. As an example, see the '597 patent's
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`positioning of a sealing gasket. Ex. 1003 at Fig. 16, grout 150 positioned at
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`juncture, 9:45-65, 10:2-8, see also, 11:28-42 showing a similar embodiment.
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`Because the '118 patent taught the use of hydrophilic seal materials (e.g., including
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`SWELLSEALTM) and was directed to nearly identical subject matter as the '597
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`patent, one of ordinary skill in the art would have modified the '118 patent by
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`placing hydrophilic sealing material at the juncture to form a gasket that would
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`create a seal at this area of particular vulnerability.
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`11.
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`This placement would also advantageously prevent any water from
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`leaking into the CIPP-lined pipe through the annulus between the liner and the host
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`pipe. Ex. 1002, for example, recites that, "[w]hen these T-shaped or Y-shaped liner
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`tubes are utilized, there is the possibility of water infiltration between the liner tube
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`and the pipes being repaired." Ex. 1002 at 1:43-47. An annulus is the term that is
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`commonly used to refer to the gap that exists between a CIPP liner and the host
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`pipe, as a result of shrinkage of the CIPP liner that inevitably occurs during curing
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`of the liner. Patent Owner's expert also discusses what is commonly referred to as
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`an annulus. See, e.g., Ex. 1010 at 173-174, 219. I agree with Patent Owner's expert
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`that this would have been known at least ten years ago and before the earliest
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`priority date of the '991 patent. Ex. 1010 at 245.
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`7
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`12.
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`Patent Owner incorrectly stated that placement of a band at the
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`juncture of the '118 patent's T-Liner® would have served no purpose and "would
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`have been superfluous" because of the motivation to maximize the repair at the
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`juncture. This statement is contrary to the ASTM standard and to how one of
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`ordinary skill in the art would have treated repairs at the time of the invention. As I
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`have noted above, ASTM 2561-06 requires including a two-part 100% solid epoxy
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`that is applied as a two-inch wide band in a volume of 300 mL to the main
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`sheet/lateral tube interface. Ex. 2005 at p. 41, 43. Kampbell believed this was
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`intended to adhere the lateral to the main body portion of the host pipe or main
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`liner. Ex. 1010 at 77-79. Epoxy does not provide good adhesion between the liner
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`and the host pipe. See also Ex. 1010 at 79 ll. 2-11. One of ordinary skill in the art
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`would have understood the advantages of increasing the sealing or adhesion
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`between the liner and the host pipe, particularly at the lateral, to reduce the
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`likelihood that water would leak through the annulus. See Ex. 2006 at 50. Based on
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`this, one of ordinary skill in the art would have further considered it obvious to use
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`a hydrophilic adhesive material such as SWELLSEALTM that would perform better
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`than epoxy because even without good adhesion, the hydrophilic swelling would
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`allow it to better seal. See Ex. 1004 at 2; Ex. 1005 at 4; Ex. 1010 at 256-257.
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`13.
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`Patent Owner's contention that one of ordinary skill in the art expected
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`that the T-Liner® would indefinitely remain watertight ignores ordinary logic and
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`8
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`the knowledge of one of ordinary skill in the art. The Patent Owner's expert
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`admitted under oath that a T-Liner® without hydrophilic bands on the main liner
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`would leak and that the claims of the patent under review did not require
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`hydrophilic bands on the main liner. Ex. 1010 at 300-301, 305.
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`14. Nevertheless, the '118 patent's concept of a containment zone—even
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`when working perfectly—does not stop water from entering the annulus that is
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`widely known to be created in CIPP repairs (see, e.g., Response at 24-25, 28-29;
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`see also Ex. 2006 at 50). Once in the annulus, the leaking water could enter the
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`CIPP liner at any points of misalignment, cracks made by ground movement, or
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`unrepaired portions of the host pipe. Ex. 1010 at 334-338. Even with placing bands
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`on the liner of the '118 patent, this type of leaking was known in the field prior to
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`the earliest priority date that has been argued for the '991 patent. In fact,
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`installation specifications sometimes require that CIPP liners be visually inspected
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`when the job is done and up to a year later. See Ex. 1011 at 11. One of ordinary
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`skill in the art would have been aware that some liners installed using the
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`technology of the '118 patent would leak, especially during these post-installment
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`inspections. Even Patent Owner's expert admits that the presence of leaks would be
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`readily apparent during inspection after installation. See Ex. 1010 at 254-255.
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`15.
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`The '991 patent (and corresponding patents of IPR2014-00768 and
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`IPR2014-00772) can be said to have added a "waterstop" to the technology of the
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`9
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`'079 patent's T-Liner®. Ex. 1010 at 36-37. The waterstop may be in the form of a
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`gasket and/or a paste or other material that forms a gasket once it is applied to the
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`invertible liner. See Ex. 1003 at 4:17-23, 9:27-61; Ex. 1010 at 36-37. The prior art
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`explicitly teaches placing a gasket at the juncture (Ex. 1003 at 4:17-23, 9:27-61)
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`along with the use of hydrophilic materials (such as a paste) to seal the annulus
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`between the liner and the host pipe (Ex. 1002 at 1:43-47, 5:27-34; see Ex. 1004).
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`The prior art of record would have thus provided the rationale for one of ordinary
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`skill in the art to arrive at the claims of the '991 patent because the placement of
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`hydrophilic materials (such as bands) at the liner juncture was a predictable
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`variation within the technical grasp of a person of ordinary skill in the art. Petition
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`at 13-14; D.I. at 16-22.
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`16.
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`Patent Owner's discussion of a conventional factory molded PVC
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`"TEE" or "WYE" pipe is completely irrelevant to the discussion of the '991 patent.
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`PVC is made in a factory under strict quality standards. CIPP lining, on the other
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`hand, is a variable process used to repair pipelines in the field in adverse conditions
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`that affect the quality of the final product, where imperfections, misalignment,
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`variability and errors are common. This is yet another reason one of ordinary skill
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`in the art would have wanted to place a compressible material between the stiff
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`CIPP liner and the damaged lateral pipeline. Importantly, one of ordinary skill in
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`10
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`this art would have wanted to protect the lateral juncture by putting a gasket at that
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`position to avoid damage to that known weakened location.
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`17.
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`The Response discusses these pipe fittings from the perspective of
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`"[o]ne skilled in the plumbing arts" (Response at 40), which is completely
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`irrelevant to the claims of the '991 patent because that is not the perspective put
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`forth by either Petitioner or Patent Owner. In other words, the Patent Owner
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`argues that one of skill in this technology is both a designer and installer of these
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`systems. Then—when it suits Patent Owner—he calls out to the experience of one
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`of skilled in the plumbing arts. This is confusing, although I agree that one of skill
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`in the art of the '991 patent would sometimes be skilled in the plumbing arts as
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`well as knowledgeable about CIPP repairs. PVC pipe fittings are different from the
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`technology of the '991 patent and have no relevance to the combination of the cited
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`prior art references.
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`18.
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`The cited South Palos Report showed that the repairs using the T-
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`Liner® did not completely eliminate in-leakage and infiltration ("I/I"). See Ex.
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`2006 at p. 70. Indeed, even if all of the reduction of I/I of the South Palos report is
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`attributed to the T-Liner®, the report shows that the T-Liner® could reduce I/I by a
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`maximum of 59.6%. See Ex. 2006 at p. 70. One of ordinary skill in the art would
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`have thus been motivated to modify the T-Liner®. In light of this data and contrary
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`11
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`to the Response at 13, 19-20, it was known that the liner assembly of the prior art
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`was not entirely watertight.
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`19. Applying the other cited prior art references to the device of the '118
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`patent does not change the principle of operation of the '118 patent because the
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`'597 patent, which is also directed to CIPP liners, suggests the inclusion of a gasket
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`at the pipe juncture (Ex. 1003 at Fig. 16, grout 150 positioned at juncture, 10:2-8,
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`4:17-23). The De Neef documents describe the use of a hydrophilic material as a
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`paste or gasket
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`(SWELLSEALTM;
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`see generally, Exs. 1004-1006).
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`SWELLSEAL™ is explicitly recommended by the '118 patent as a component for
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`sealing pipes from an influx of water (Ex. 1002 at 5:28-54), and these references
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`are combined to solve the same problem.
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`20.
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`The principle of operation of all of the prior art references is thus
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`retained because the combination serves to form a watertight seal using pipe-liners
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`to compress sealing materials against a leaking pipe at a pipe junction in the same
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`way as claimed by the '991 patent.
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`21.
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`Patent Owner argues that there would have been no reason to move
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`any of the '118 bands to the juncture because this would allegedly only serve to
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`minimize the effective size of the containment region established by the bands. See
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`Response at 44-49. One of ordinary skill in the art would have considered multiple
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`factors when modifying the repair of a pipe juncture for specific job conditions, for
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`12
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`example, increasing the width, positioning, or number of the hydrophilic bands or
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`O-rings, and positioning them closer or further from the juncture to improve
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`performance. In fact, one reason to move the containment region closer to the
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`juncture would be to increase the performance and reduce the likelihood of
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`buckling discussed by Patent Owner's expert. Ex. 1010 at 335-337. Patent Owner
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`tries to limit the teachings of the '118 patent by ignoring the fact that the ‘118
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`patent’s figures merely provide an illustration but do not require a single placement
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`position for the hydrophilic bands. In fact, I am told that patent figures are not
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`necessarily to scale unless they specifically indicate they are. The '991 patent's
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`figures do not indicate they are drawn to scale. One of ordinary skill in the art
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`would have immediately envisioned altering the sizes and relative positions of
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`hydrophilic seals to achieve predictable results in response to varying conditions at
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`job sites.
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`22. One of ordinary skill in the art would have immediately recognized
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`the advantages of applying additional sealing material in the region most likely to
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`have cracks or leaks (i.e., the juncture; Response at 37, 45, 48-49) and one of
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`ordinary skill in the art would have thus been motivated to include a gasket or a
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`sealing material that would form a gasket at the juncture. Even if there might
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`occasionally be difficulty in placing additional sealing material in the region of the
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`juncture (Response at 31-32, 52), this would not be more difficult than matching
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`13
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`the lateral line tubing using pull-in-place or inversion CIPP. It would not inhibit
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`one of ordinary skill in the art from placing materials on the CIPP main liner and
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`lateral liner to envelop the juncture region, forming a gasket, and maximizing the
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`likelihood that the sealing material would fix cracks or leaks. See Ex. 1003 at 4:17-
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`23, 10:50-63.
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`23.
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`The Response mischaracterizes the role of the chemical grout/open
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`cell foam of the '597 when viewed in combination with the teachings of the '118
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`patent. Response at 15. The Response states that, "[t]he chemical grout expelled
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`from the foam forms the seal, not the foam carrier" (Response at 15), but this is not
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`the case. In fact, the open cell foam would retain some of the chemical grout and
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`act as one element of a seal formed at the junction using chemical grout, open cell
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`foam, and, optionally, a liner that is compressing these materials against the inner
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`wall of the damaged pipe as well as into the annulus depending on the external
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`pressure on the pipe. See Ex. 1003 at 4:17-23, 10:50-63; Ex. 1012 at 43-44; see
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`also Ex. 1011 at 25. Indeed, the '597 teaches the inclusion of a gasket placed at the
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`juncture. Ex. 1003 at 4:17-23, 11:37-39. Even if a portion of the chemical grout did
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`get expelled, the '597 patent still teaches where to put hydrophilic gasket materials,
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`such as the SWELLSEAL™ of the '118 patent. Id. Hydrophilic chemical grout that
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`is placed in an open cell foam may be fully cured, forming a compressible gasket
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`on the main liner and lateral liner juncture prior to insertion of the liner. This is
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`14
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`because hydrophilic chemical grout can be mixed so that it cures within minutes or
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`up to an hour, depending on how the chemical grout is formulated and the
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`exposure to moisture. See also Ex. 1010 at 65-67. Because the pulled-in-place
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`process may take about 15-20 minutes and the hydrophilic chemical grout is placed
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`on the liner prior to pulling in place, the open cell foam and grout mixture may
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`form a pre-formed rubbery gasket that would cradle the juncture when the liner is
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`put into place, depending on how the installer chooses to use it.
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`24.
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`The Response asserts the donut shaped gaskets that are found in the
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`'597 patent are not really gaskets and would not work in the '991 patent. Response
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`at 13-14. I disagree. The donut shaped gaskets of the '597 are open cell foam,
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`which Kampbell admitted would spring back to their original shape if squeezed
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`(Ex. 1010 at 203-204) and are thus compressible, which satisfies the claim
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`limitations. They are filled with a substance that becomes rubbery when it cures,
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`then the foam donut gasket would still be rubbery when squeezed. See, e.g., Ex.
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`1003 at 11:32-37. Indeed, these are gaskets placed at the juncture that would form
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`a watertight seal. Moreover, in my experience, I have observed hydrophilic
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`chemical grout that has been retained on the inside of a pipe after a repair using
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`hydrophilic chemical grout. The hydrophilic chemical grout that remained on the
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`inside of the pipe was rubbery and compressible. For illustration, this is shown in a
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`presentation attached as Exhibit 1012 at page 43-44. Not only does hydrophilic
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`15
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`chemical grout form a rubbery and compressible material once cured,
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`SWELLSEALTM materials (as disclosed in the '118 patent, Ex. 1005 at 5:28-51)
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`are also in the form of rubber shapes or pastes that are rubber once cured. Ex. 1004
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`at 2 ("cured: rubbery"); Ex. 1005 at 2 ("available in extruded rubber shapes"). Not
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`only does the prior art teach these rubbery waterstops (see Exs. 1004-1006) but
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`even Patent Owner acknowledges the existence of hydrophilic rubbery sealing
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`materials prior to the '991 patent. See Response at 50.
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`25.
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` While Mr. Kampbell swore in his testimony that rubber is not
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`compressible (Ex. 1010 at 208 ll. 15-18), I disagree and believe his assertions in
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`this regard are not widely—if at all—accepted by those of ordinary skill in the art
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`either now or at the time of the alleged invention. His assertions that the '597
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`gaskets are not actually gaskets is incorrect and flies in the face of the patent.
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`26. As a result, it would have been within the ambit of one of ordinary
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`skill in the art to place sealing materials at the juncture or modify the positioning of
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`the sealing material to maximize the likelihood that the sealing material would
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`form a gasket and fix cracks or leaks, thus improving the sealing properties of the
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`device.
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`27. One of ordinary skill in the art would have been equipped with all the
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`tools of
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`the
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`trade (e.g., hydrophilic rubbery sealing materials such as
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`SWELLSEALTM; Ex. 1002 at 5:28-51; see Ex. 1004 and chemical grout; see Ex.
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`
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`16
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`
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`1003 at 4:17-23) and would have considered all criteria when selecting suitable
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`materials constituting a simple substitution of one known element for another,
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`producing predictable results. Because of this, one of ordinary skill in the art would
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`have found it obvious to substitute a hydrophilic material from the '118 patent and
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`the SWELLSEALTM documents (Exs. 1004-1006) such as De Neef and
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`Kempenaers for the chemical grout of the '597 patent to incorporate the advantages
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`of the hydrophilic sealing materials such as their ability to seal rough or irregular
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`joints.
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`28. Because chemical grout (and the corresponding open cell foam)
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`would be positioned at the pipe juncture, filling the space(s) between and
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`preventing leakage, and compressed between the inner pipe walls, the earth, and
`
`the CIPP liner, a gasket would be formed. See Ex. 1003 at 4:17-23. Both open cell
`
`foam with (or without) chemical grout and hydrophilic sealing material placed at
`
`the juncture would fill the voids between the mating surfaces and be compressed,
`
`thus satisfying the general definition of a gasket along with the definition of the
`
`prior art. Ex. 1003 at 4:17-23, 10:2-8, 10:50-63. Nevertheless, with the disclosure
`
`of SWEALSEALTM in the '118 patent, one of ordinary skill in the art would have
`
`used a SWEALSEALTM gasket or paste in the juncture as described in '597.
`
`29.
`
`Patent Owner is also wrong regarding the argument (Response at 48)
`
`that the chemical grout would only create a barrier on the outside of the pipe. Even
`
`
`
`17
`
`
`
`if some of the chemical grout migrates outward into the soil, logic and experience
`
`dictates that some grout must be retained at the interface between the CIPP liner
`
`and the pipe, positioning grout inside of the pipeline and forming a seal. (See ¶ 23
`
`above) The Response even illustrates this effect (Response at 15) in a figure
`
`demonstrating the use of chemical grout, which shows that even when the chemical
`
`grout is pushed to the outside of the pipe, grout remains on the inside of the pipe as
`
`well. In the Response and the Declarations, Patent Owner shows photographs and
`
`illustrations of unimpeded formation of cured grout on the outside of the pipe.
`
`These photographs and illustrations fail to account for the facts that hydrostatic
`
`pressures and pressures from dirt/soil on the water I/I points will not simply allow
`
`the grout to form as shown in the Response and Declarations. Such pressures
`
`would also force grout expansion and curing into the juncture and the annular
`
`space around the juncture, especially where the water I/I points of the junctures are
`
`very narrow. Patent Owner's arguments regarding the effect of the chemical grout
`
`is nevertheless irrelevant because one of ordinary skill in the art would have
`
`recognized the likelihood of cracks and leaks at the juncture, understood the
`
`applications and benefits of the '118 patent and the '597 patent, and would have
`
`understood the effects and usefulness of hydrophilic materials suitable for sealing
`
`pipe cracks. Besides, even if the Patent Owner were correct regarding chemical
`
`grout, this says nothing about the use of SWELLSEALTM at this position, which is
`
`
`
`18
`
`
`
`a rubbery hydrophilic paste or preformed gasket that is part of the combination of
`
`references. See, e.g., Petition at 13-15.
`
`30.
`
`Patent Owner's arguments
`
`(Response at 51)
`
`regarding pipe
`
`penetrations are also irrelevant. Merely because a prior art reference demonstrates
`
`that SWELLSEALTM materials can be used to seal pipe penetrations, this would
`
`not foreclose one of ordinary skill in the art from also using SWELLSEALTM or
`
`other hydrophilic materials in the manner explicitly envisioned by the '118 patent
`
`and further described by the De Neef documents and the Kempenaers reference.
`
`31.
`
`I am being compensated for the time spent preparing this declaration
`
`at my hourly consultant rate, which is not contingent upon the outcome of this
`
`proceeding.
`
`32. All of the foregoing statements made of my own knowledge are true
`
`and all statements made based on information and belief are believed to be true. I
`
`have been informed by Counsel that willful false statements and the like are
`
`punishable by fine or imprisonment, or both under, 18 U.S.C. § 1001.
`
`
`
`Signature: /David A. Fletcher/
`
`
`
`
`
`
`
`David A. Fletcher
`
`Date:
`
`May 27, 2015
`
`
`
`
`
`19
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 1
`Exhibit 1
`
`
`
`
`
`20
`
`
`
`
`
`
`
`
` Virginia Tech University
` Blacksburg, VA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`David A. Fletcher
`applieddaf@charter.net
`39 Deep Brook Rd, Newtown, CT 06470│(914) 548-1938
`
`
`
`EDUCATION
`
`June 1985
`
`
`
`
`Bachelor of Science
`Major: Civil Engineering
`
`EXPERIENCE (27 Years Industry Experience)
`
` Applied Sales LLC
`1997 to Present
`
`
` Newtown, CT
`
`
`
`
`
`Owner, Sales Consultant
`• Representative and technical salesman for the largest manufacturer of pipe
`liners in the United States, utilizing vast industry knowledge and developing
`technology in the area of cured-in-place main line and lateral line pipe repair
`including main line and lateral line pipe junction repair and renovations.
`• Engineering support for installation of pipe liners used in main line and
`lateral line repairs, and insure tailored modifications for customer
`installation specifications .
`• Assist customers in tailoring specific solutions for cure-in-place main line
`pipe repairs and pipe junctions.
`• Oversee training and hands-on field experience in cured-in-place
`installations and repair projects concerning multiple line pipe systems,
`including main line, lateral line, and junction repair.
`
`
` Pipelining Products, Inc.
`
`
`
`
`
`
`1992-1997
`
` Mamaroneck, NY
`
`
`Founder, Executive Vice president
`• Developed methods and systems for use in main and lateral pipe line repairs
`using cure-in-place procedures.
`• Modified known pipe liner systems to address multifaceted problems
`encountered during installation of main and lateral pipe line repair jobs.
`• Managed cured-in-place installation projects for municipal, residential and
`private entities.
`• Trained and managed training and on-hands field experience of installation
`crew members, including cured-in-place techniques and systems.
`
`
`1988-1992
`
`Project Manager
`
`
`
`
`
`
`
`
`
` U-Liners East, Inc./Midwest Pipeliners, Inc.
`
`
` Mamaroneck, NY/Columbus, OH
`
`21
`
`
`
`• Acted as on-site project manager using polyethylene U-liners to repair
`damaged main pipe lines.
`
`
` NCR Corporation
`
`
`
`
`
`
`1986-1988
` Washington, DC
`
`
`
`
`
`
`Sales Associate
`• Technical salesman selling front-end processors for main frame computers.
`
`
`ACHIEVEMENTS
`
` Sustainable Water Infrastructure Management (SWIM)
`2012-Present
`Founding Board Member
`
`
`
`
` Virginia Tech
`• Founded academic group charged with creating data base and build
`trenchless sewer case studies for municipalities.
`
`
` National Association of Sewer Service Companies (NASSCO)
`1999-2004
`
`
`
`
`
`
`
` President
`2004
`
`
`
`
`
` Board Member & Officer
`1999-2003
`• Provided industry support related to cure-in-place pipe repair procedures and
`general sewer repairs.
`• Gained exposure to broad and varied applications involving sewer repair,
`trenchless technology, and cure-in-place pipe repair techniques.
`• Elected to president because of recognition by the industry trade
`organization.
`
`
`Trenchless Technology Magazine
` Young Leader Designee
`December 1997
`
`
`
`
`• Recognized as a stand-out in the industry as a young leader in a premier
`industry magazine dedicated to trenchless pipe work.
`
`
`
`
`
`22
`
`
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