IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`U.S. Patent No. 7,601,662
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`U.S. Patent No. 8,404,203
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`Filed:
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`Feb. 27, 2008
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`Filed:
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`Jun. 8, 2009
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`Issued:
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`Oct. 13, 2009
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`Issued:
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`Mar. 26, 2013
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`Inventors:
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`Ivor Bull, et al.
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`Inventors:
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`Ivor Bull, et al.
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`Title: Copper CHA Zeolite Catalysts
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`Title: Processes for Reducing Nitrogen
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`Oxides Using Copper CHA Zeolite
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`Catalysts
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`DECLARATION OF OLIVIA SCHMIDT [N IPR2015-01121,
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`IPR201 5-01123, IPR2015-01124, & IPR2015-01125
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`I, Olivia Schmidt, make this declaration in connection with the above
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`referenced Inter Partes Reviews of U.S. Patent Nos. 7,601,662 and 8,404,203.
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`I.
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`Introduction
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`1.
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`I am a Vice President of Global Strategic Marketing for Mobile
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`Emissions Catalysts at BASF Corporation (“BASF”).
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`I have been employed by
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`BASF for 20 years. My current job duties include being responsible for providing
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`global coordination of Mobile Emissions Catalysts efforts to win new customer
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`business, including anticipating and managing customer needs, driving market
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`Exhibit 2034.001
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`Exhibit 2034.001
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`
`
`
`
`
`U.S. Patent No. 7,601,662
`
`
`
`
`
`
`
`U.S. Patent No. 8,404,203
`
`Filed:
`
`
`
`Feb. 27, 2008
`
`
`
`Filed:
`
`
`
`
`
`Jun. 8, 2009
`
`
`
`Issued:
`
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`
`
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`Oct. 13, 2009
`
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`Issued:
`
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`Mar. 26, 2013
`
`
`
`Inventors:
`
`
`
`
`
`
`Ivor Bull, et al.
`
`
`
`Inventors:
`
`
`
`
`
`
`
`Ivor Bull, et al.
`
`
`
`
`
`Title: Copper CHA Zeolite Catalysts
`
`
`
`
`
`
`
`Title: Processes for Reducing Nitrogen
`
`
`
`
`
`Oxides Using Copper CHA Zeolite
`
`Catalysts
`
`
`
`
`
`
`
`
`
`DECLARATION OF OLIVIA SCHMIDT [N IPR2015-01121,
`
`
`
`
`IPR201 5-01123, IPR2015-01124, & IPR2015-01125
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`I, Olivia Schmidt, make this declaration in connection with the above
`
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`referenced Inter Partes Reviews of U.S. Patent Nos. 7,601,662 and 8,404,203.
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`
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`I.
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`
`
`Introduction
`
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`
`1.
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`I am a Vice President of Global Strategic Marketing for Mobile
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`
`
`
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`Emissions Catalysts at BASF Corporation (“BASF”).
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`I have been employed by
`
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`
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`
`
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`
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`BASF for 20 years. My current job duties include being responsible for providing
`
`
`
`
`
`
`
`
`
`
`
`
`
`global coordination of Mobile Emissions Catalysts efforts to win new customer
`
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`
`
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`business, including anticipating and managing customer needs, driving market
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`Exhibit 2034.001
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`Exhibit 2034.001
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`share gains, and leading the development and launch of new products.
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`I am also
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`responsible for global innovation and intellectual property strategy.
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`II. Market Data Relating to Diesel SCR Catalysts
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`2.
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`BASF sells a SCR CuCHA catalyst for use in the exhaust treatment
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`system of diesel engines.
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`I understand that Dr. Ahmad Moini has submitted a
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`separate declaration providing details on the specification of the CuCHA catalyst.
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`3.
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`In the paragraphs below I provide information regarding the size of
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`the total global diesel SCR market in terms of units, as well as the share of the
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`market that corresponds to the CuCHA catalyst described in Dr. Moini’s
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`declaration. The data regarding the total market size is compiled from internal
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`databases at BASF and incorporates actual sales by BASF and estimates regarding
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`sales by BASF’s licensees' and competitors.
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`4.
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`BASF uses an in-house developed Market Model to estimate the
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`market size for diesel SCR catalysts. The Market Model uses engine production
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`data from two external providers, which are updated quarterly._
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`‘ Johnson Matthey Inc. is a licensee of the 662 Patent. See Exhibit-2028.
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`2
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`Exhibit 2034.002
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`Exhibit 2034.002
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`5.
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`BASF also maintains an in-house database called_ which
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`is a global internal database used to capture market development by customer and
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`competitor, based on information that is collected from our interactions with
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`OEMs (original equipment manufacturers). This model is updated and maintained
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`by BASF’s regional market teams.
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`6.
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`Based on BASF’s internal data, the global diesel SCR market is
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`growing and has nearly doubled since 2011. The table below shows the estimated
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`total size of the global diesel SCR market by volume of SCR catalyst units sold
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`from 2011 to 2015.
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`_
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`— —
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`- —
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`—‘
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`7.
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`Based on the BASF’s internal data, which includes sales of BASF
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`CuCI-IA catalysts, estimates regarding the sales by BASF licensees, and the above
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`estimate for the total market size, it is estimated that the CuCHA catalyst has
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`satisfied at least. of the global market in each of the last five years (2011-
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`2015).
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`8.
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`The data referenced above are numbers that BASF maintains in the
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`ordinary course of business, regularly relies upon, and considers highly
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`Exhibit 2034.003
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`Exhibit 2034.003
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`confidential. This market share and sales data is available to our marketing and
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`sales managers.
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`III. Availability for Cross-Examination
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`9.
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`I realize that this signed declaration will be filed as evidence in a
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`contested case before the Patent Trial and Appeal Board of the United States Patent
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`and Trademark Office. I also realize that I may be subject to cross examination in
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`the case within the United States. If such cross examination is required, I will
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`appear for cross examination within the United States during the time allotted.
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`IV.
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`Jurat
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`10.
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`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`11.
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`I declare under penalty of perjury that the foregoing is true and
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`correct.
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`ExecutedonFebruary 12, 2016
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`é :
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`2%
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`Olivia Schmidt
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`Q
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`Exhibit 2034.004
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`Exhibit 2034.004
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