Hydrite Chemical Co. v. Solenis Technologies, L.P.
`IPR2015-01586
`
`Transcript of the Testimony of:
`Jennifer Bailey
`
`June 2, 2016
`**CONFIDENTIAL**
`
`
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`PROTECTIVE ORDER MATERIAL
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`HYDRITE EXHIBIT 1024
`Hydrite v. Solenis
`Trial IPR2015-1592
`(1 of 31)
`
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` 1 ********************************************
`
` 2 TRANSCRIPT IS DEEMED CONFIDENTIAL UNDER THE
`
` 3 PROTECTIVE ORDER
`
` 4 *******************************************
`
` 5
`
` 6 UNITED STATES PATENT AND TRADEMARK OFFICE
`
` 7 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` 8 ___________________________________________________
`
` 9 HYDRITE CHEMICAL CO.,
`
` 10 Petitioner,
`
` 11 v.
`
` 12 SOLENIS TECHNOLOGIES, L.P.,
`
` 13 Patent Owner.
` ___________________________________________________
`
` 14
`
` Case IPR2015-01586
` 15 Patent 8,841,469
`
` 16 Case IPR2015-01592
` Patent 8,962,059
` 17 ___________________________________________________
`
` 18 Thursday, June 2, 2016
`
` 19 _ _ _
`
` 20 Confidential oral sworn deposition of
` JENNIFER BAILEY, taken at the law offices of
` 21 Baker & Hostetler LLP, 2929 Arch Street, Cira
` Centre, 12th Floor, Philadelphia, Pennsylvania,
` 22 19104-2891, before Patricia R. Frank, CCR, RPR,
` and Notary Public in and for the Commonwealth of
` 23 Pennsylvania, commencing at 9:01 a.m., on the
` above date.
` 24 _ _ _
`
` 25
`
`
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`PROTECTIVE ORDER MATERIAL
`
`HYDRITE EXHIBIT 1024
`Hydrite v. Solenis
`Trial IPR2015-1592
`(2 of 31)
`
`

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`6/2/2016
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`Confidential
`Jennifer Bailey
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`Page 2 (2)
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` 1 A P P E A R A N C E S:
`
` 2 BAKER & HOSTETLER LLP
` BY: JOSEPH LUCCI, ESQUIRE
` 3 2929 Arch Street
` Cira Centre, 12th Floor
` 4 Philadelphia, PA 19104-2891
` 215.564.8370
` 5 jlucci@bakerlaw.com
` Attorneys for Petitioner,
` 6 Hydrite Chemical Co.
`
` 7 QUARLES & BRADY LLP
` BY: CHRISTOPHER J. FAHY, ESQUIRE
` 8 300 North LaSalle Street
` Suite 4000
` 9 Chicago, IL 60654-3422
` 312.715.5107
` 10 christopher.fahy@quarles.com
` and
` 11 QUARLES & BRADY LLP
` BY: JOEL A. AUSTIN, ESQUIRE
` 12 411 East Wisconsin Avenue
` Suite 2400
` 13 Milwaukee, WI 53202-4426
` 414.277.5617
` 14 joel.austin@quarles.com
` Attorneys for Patent Owner, Solenis
` 15 Technologies, L.P.
`
` 16
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` 17
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` 19
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` 20
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`Gramann Reporting, Ltd.
`
`(800) 899-7222
`
`
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`PROTECTIVE ORDER MATERIAL
`
`HYDRITE EXHIBIT 1024
`Hydrite v. Solenis
`Trial IPR2015-1592
`(3 of 31)
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`

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`6/2/2016
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`Confidential
`Jennifer Bailey
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`Page 3 (3)
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` 1 I N D E X
`
` 2 Witness Page
` JENNIFER BAILEY
`
` 3
`
` By Mr. Fahy 4
`
` 4
`
` 5 Marked for I.D. SOLENIS EXHIBITS Page
`
` 6 Exh. 2004 IPR2015-01586, Patent No.
` 8,841,469, Declaration of Jennifer Bailey 5
`
` 7
`
` Exh. 2004 IPR2015-01592, Patent No.
` 8 8,962,059, Declaration of Jennifer Bailey 6
`
` 9 Exh. 2008 IPR2015-01586, Document entitled,
` "Biorefining," 2 pgs. 45
`
` 10
`
` Exh. 2010 IPR2105-01586, Document entitled,
` 11 "Dimension Corn Oil Extraction Aids," 2 pgs. 50
`
` 12 Exh. 2011 IPR2015-01586, Document
` entitled, "Dimension Corn Oil Extraction Aid
` 13 Increases Corn Oil Yield and Improves Corn Oil
` Quality," 2 pgs. 55
`
` 14
`
` Exh. 2015 IPR2015-01586, Document entitled,
` 15 "Dimension Corn Oil Extraction Aids," 2 pgs. 56
`
` 16 Exh. 2016 IPR2015-01586, Ashland News
` Release entitled, "New extraction aid from
` 17 Ashland Inc. increases corn oil yield from
` ethanol production," 2 pgs. 58
`
` 18
`
` Exh. 2018 IPR2015-01586 Ashland Case
` 19 History entitled, "New Additive Increases
` Corn Oil Yield and Provides Cleaner Oil in
` 20 Disk-stack System," 2 pgs. 61
`
` 21 Exh. 2017 IPR2105-01586 Ashland document
` entitled "Trial Plan for SIRE," 3 pgs. 63
`
` 22
`
` Exh. 2020 IPR2015-01586, Ashland Case
` 23 History entitled, "Corn Oil Extraction
` Aid Program Generates 35% ROI," 1 pg. 64
`
` 24
`
` (Original exhibits were attached to original
` 25 transcript; copies to transcript copies.)
`
`Gramann Reporting, Ltd.
`
`(800) 899-7222
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`Hydrite v. Solenis
`Trial IPR2015-1592
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`Page 4
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`Page 4 (4 - 7)
`Page 6
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` 1 JENNIFER BAILEY,
` 2 having been duly sworn, was examined and
` 3 testified as follows:
` 4 BY MR. FAHY:
` 5 Q. Good morning, Ms. Bailey.
` 6 A. Good morning.
` 7 Q. Have you ever been deposed before?
` 8 A. No.
` 9 Q. I'll go over a few ground rules then --
`10 A. Okay.
`11 Q. -- that I hope will help us today. The
`12 first is let's do our best not to talk over each
`13 other --
`14 A. Um-hum.
`15 Q. -- because obviously everything we say is
`16 being taken down by the court reporter here, and
`17 it's impossible for her to take down both of us
`18 speaking at the same time. Also, please respond to
`19 questions verbally --
`20 A. Okay.
`21 Q. -- as, again, the court reporter does not
`22 pick up nods of the head and shakes of the head. If
`23 you don't understand a question, please just ask me
`24 to rephrase it. I'm happy to do so.
`25 A. Okay.
`
`Page 5
`
` 1 Q. If you do not ask me to rephrase a
` 2 question and you answer the question, I'm going to
` 3 assume that you understood it. Is that fair?
` 4 A. That's fair.
` 5 MR. LUCCI: Subject to my objections.
` 6 MR. FAHY: Of course subject to Mr.
` 7 Lucci's objections.
` 8 BY MR. FAHY:
` 9 Q. You're not on any medication or have any
`10 disability that would prevent you from testifying
`11 fully and honestly today. No?
`12 A. No.
`13 (Patent No. 8,841,469, Declaration of
`14 Jennifer Bailey, marked Exh. 2004 IPR2015-01586 for
`15 identification.)
`16 BY MR. FAHY:
`17 Q. So let's get to it. I'm going to hand
`18 you what is marked as Exhibit 2004 in IPR2015-01586.
`19 A. Okay.
`20 Q. And do you recognize Exhibit 2004?
`21 A. Yes.
`22 Q. And that's your declaration that you've
`23 submitted in IPR Number 2015-01586?
`24 A. Yes.
`25 Q. And is that your signature on page 11?
`Gramann Reporting, Ltd.
`
` 1 A. Yes.
` 2 Q. And do you see on the front page of
` 3 Exhibit 2004 it references the Case Number
` 4 IPR2015-01586, and also the patent number 8,841,469?
` 5 A. Yes.
` 6 Q. I'm going to refer to that patent, to its
` 7 last three digits, as the '469 patent. Is that
` 8 okay?
` 9 A. Okay.
`10 Q. And I'll refer to this declaration in all
`11 likelihood as your '469 patent declaration.
`12 A. Okay.
`13 Q. And the reason I'm going to do that is
`14 because you have a second declaration in these
`15 matters, right?
`16 A. Um-hum.
`17 (Patent No. 8,962,059, Declaration of
`18 Jennifer Bailey, marked Exh. 2004 IPR2015-01592 for
`19 identification.)
`20 BY MR. FAHY:
`21 Q. So I'm handing the witness what is marked
`22 Exhibit 2004 in IPR2015-01592. And, Ms. Bailey, do
`23 you recognize Exhibit 2004 in IPR2015-01592?
`24 A. Yes.
`25 Q. And that's a declaration you submitted in
`Page 7
`
` 1 IPR number 2015-01592, right?
` 2 A. Yes.
` 3 Q. And that's your signature on the last
` 4 page of your declaration?
` 5 A. Yes.
` 6 Q. And, similarly, if you look at the front
` 7 page of Exhibit 2004, you see a reference to case
` 8 IPR2015-01592, and patent number 8,962,059.
` 9 Do you see that?
`10 A. Yes.
`11 Q. So I'm going to refer to this patent as
`12 the last three digits as well as the '059 patent if
`13 that's okay.
`14 A. That's okay.
`15 Q. And I'll refer to the declaration in IPR
`16 01592 as your '059 patent declaration.
`17 A. Okay.
`18 Q. I did notice --
`19 MR. LUCCI: Just quick as a matter of
`20 housekeeping, in view of the inclusion of these two
`21 declarations, I ask that the transcript be marked as
`22 confidential pursuant to the protective order in
`23 these proceedings.
`24 MR. FAHY: Thank you.
`25 BY MR. FAHY:
`
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` 1 Q. What was your first job outside of your
` 2 time at McGill University in Montreal?
` 3 MR. LUCCI: Objection. Form. You can
` 4 answer the question.
` 5 THE WITNESS: Dow Chemical.
` 6 BY MR. FAHY:
` 7 Q. And what was your title at Dow Chemical?
` 8 A. I was in their technical sales training
` 9 program.
`10 Q. How long did you work at Dow Chemical?
`11 A. Two years.
`12 Q. What year did you leave Dow Chemical?
`13 A. '97.
`14 Q. And what were your duties in the
`15 technical sales training program at Dow Chemical?
`16 A. I learned the supply chain, customer
`17 service and sales aspects of their business.
`18 Q. What is their business?
`19 A. Dow Chemical?
`20 Q. Yes.
`21 A. They're a specialty chemical supplier.
`22 Q. Did you work on any particular product
`23 lines?
`24 A. Yes.
`25 Q. What were those?
`
`Page 11
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`6/2/2016
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`Confidential
`Jennifer Bailey
`Page 8
` 1 Q. I did notice in the copy of your '059
` 2 declaration that I have there appear to be two first
` 3 pages. Is that the same for yours?
` 4 A. Yes.
` 5 MR. FAHY: That could just be it appears
` 6 the way it was filed. I assume that was just a
` 7 clerical mistake, either the way it was filed or in
` 8 our copying.
` 9 MR. LUCCI: It appears that somewhere
`10 there was a clerical error, but my eyeballing of
`11 these two pages, they look identical to me.
`12 MR. FAHY: Me, too. Thank you.
`13 BY MR. FAHY:
`14 Q. On that same note, it appears that your
`15 declaration in the '059 patent IPR and the '469
`16 patent IPR are identical. Is that true?
`17 A. Yes.
`18 Q. So for ease and clarity today, we will
`19 just refer to your '469 patent declaration if that's
`20 okay.
`21 A. Okay.
`22 MR. LUCCI: I'll raise an objection. As
`23 a matter -- as a literal matter, they're not
`24 identical. I don't have any problem with you
`25 referring to one rather than the other one. I just
`Page 9
` 1 want it on the record that there may be differences
` 2 between them.
` 3 MR. FAHY: Do you know of any
` 4 differences besides the first page issue?
` 5 MR. LUCCI: I don't as I sit here, but I
` 6 can't exclude that possibility and I just want to
` 7 make that clear on the record.
` 8 MR. FAHY: Understood.
` 9 BY MR. FAHY:
`10 Q. If we could take a step back, Ms. Bailey,
`11 I'd like to talk to you a little bit about your
`12 education and work history if that's all right.
`13 A. Okay.
`14 Q. Do you have a degree from university?
`15 A. Yes.
`16 Q. And what is that?
`17 A. Chemical engineering.
`18 Q. And when did you obtain that degree?
`19 A. 1994.
`20 Q. And what university?
`21 A. McGill University.
`22 Q. And where is that located?
`23 A. Montreal.
`24 Q. Do you have any other degrees?
`25 A. No.
`Gramann Reporting, Ltd.
`
` 1 A. Pulp and paper.
` 2 Q. So nothing in the corn to ethanol
` 3 processing industry?
` 4 A. No.
` 5 Q. After you left Dow Chemical in 1997, what
` 6 was your next job?
` 7 A. I worked for Valspar.
` 8 Q. And what is Valspar, do you know?
` 9 A. They do adhesive, adhesives and coatings.
`10 Q. And how long were you at Valspar?
`11 A. About a year.
`12 Q. What was your job title at Valspar?
`13 A. Marketing manager.
`14 Q. And what were your role -- or what were
`15 your duties as marketing manager?
`16 A. Promoting Valspar's products to the
`17 Canadian market.
`18 Q. And how did you do that?
`19 A. Making customer calls, doing commercial
`20 publicity brochures.
`21 Q. Did you actually put together the
`22 brochures?
`23 A. With collaboration of other people within
`24 the organization.
`25 Q. How do you choose what information goes
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` 1 into a brochure? It is an advertisement, right?
` 2 MR. LUCCI: Objection as to form.
` 3 THE WITNESS: I don't necessarily agree
` 4 with that statement.
` 5 BY MR. FAHY:
` 6 Q. It's not an advertisement?
` 7 A. No.
` 8 Q. What's the purpose of a brochure?
` 9 A. Is to inform customers of products that
`10 we have -- bring to offer them and the value that
`11 may be delivered to them through the processes.
`12 Q. Do you highlight features of the products
`13 in a brochure?
`14 A. Features, benefits.
`15 Q. Things that would be desirable to a
`16 customer?
`17 A. Yes.
`18 Q. And when did you leave Valspar?
`19 A. 1994 -- 1999. Sorry.
`20 Q. And you had no involvement in the corn to
`21 ethanol processing industry while at Valspar, did
`22 you?
`23 A. No.
`24 Q. Where did you go after you left Valspar
`25 in 1999?
`
`Page 6 (12 - 15)
`Page 14
`
` 1 A. Yes.
` 2 Q. What was your title when you left GE?
` 3 A. I was the commercial operations leader
` 4 for Canada.
` 5 Q. And what were your duties as the
` 6 commercial operations leader?
` 7 A. I was responsible for the commercial
` 8 success for eliminating barriers for the CS team to
` 9 deliver their products and sales within Canada. So
`10 I worked with -- I was the liaison between the sales
`11 team and the functional groups internally.
`12 Q. You said responsible for the commercial
`13 success?
`14 A. Um-hum.
`15 Q. How do you define commercial success?
`16 MR. LUCCI: Objection. Form.
`17 THE WITNESS: At that time for that
`18 company?
`19 MR. FAHY: Yes.
`20 THE WITNESS: Yes. It was based on
`21 sales growth targets.
`22 BY MR. FAHY:
`23 Q. Was that gross sales growth, net
`24 profitability? Could you provide a little more
`25 detail on sales growth targets?
`
`Page 13
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`Page 15
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` 1 A. GE.
` 2 Q. What was your job title while at GE?
` 3 A. I had many.
` 4 Q. Do you recall what your first one was?
` 5 A. Yes.
` 6 Q. What was that?
` 7 A. I was a field market development rep.
` 8 Q. And what were your duties as a field
` 9 market development rep at GE?
`10 A. Developing the market within Eastern
`11 Canada for GE.
`12 Q. And how did you go about developing the
`13 market?
`14 A. Making customer calls, working with
`15 engineers, helping them select products that fit
`16 their process.
`17 Q. And what products were those?
`18 A. These were plastics.
`19 Q. Not in the corn to ethanol processing
`20 industry?
`21 A. No.
`22 Q. And how long were you at GE?
`23 A. Sixteen years.
`24 Q. Which would explain why your title
`25 changed?
`Gramann Reporting, Ltd.
`
` 1 A. It was all --
` 2 MR. LUCCI: Objection as to form.
` 3 THE WITNESS: A combination of all of
` 4 those.
` 5 BY MR. FAHY:
` 6 Q. And how long were you the commercial
` 7 operations leader for Canada at GE?
` 8 A. Three years.
` 9 Q. And what was your title prior to that?
`10 A. I was the regional sales director for
`11 Eastern Canada.
`12 Q. How long were you regional sales
`13 director?
`14 A. Three years.
`15 Q. And what were your duties as regional
`16 sales director?
`17 A. I oversaw the sales team in Eastern
`18 Canada.
`19 Q. What were your duties in overseeing the
`20 sales team?
`21 A. I had the -- I was -- I'm trying to think
`22 of the word. Could hire/fire salespeople. I held
`23 them accountable for meeting their targets. I set
`24 the targets, compensation, performance recognition
`25 plans.
`
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`Page 7 (16 - 19)
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` 1 Q. For which products?
` 2 A. For the products that we were selling for
` 3 GE.
` 4 Q. Which were?
` 5 A. Water treatment products, water process
` 6 treatment products.
` 7 Q. So you were working with water process
` 8 treatment products as the regional sales director;
` 9 is that right?
`10 A. Yes.
`11 Q. How about when you were the commercial
`12 operations leader, what products were you working
`13 with then?
`14 A. The same.
`15 Q. Water process treatment products?
`16 A. Yes.
`17 Q. And what was your job title before you
`18 became regional sales director?
`19 A. I was the site leader for an acquisition
`20 to GE Plastics.
`21 Q. Would you explain to me what that means?
`22 A. It's a general manager role for the
`23 business.
`24 Q. And GE was acquiring a plastics company?
`25 A. Yes.
`
`Page 17
`
` 1 Q. How long were you a site leader?
` 2 A. Three and a half years, approximately.
` 3 Q. When you were regional sales director for
` 4 water process treatment products, did you have any
` 5 experience with the corn to ethanol processing
` 6 industry?
` 7 A. As regional sales director?
` 8 Q. Yes.
` 9 A. No.
`10 Q. How about as commercial operations
`11 leader?
`12 A. Yes.
`13 Q. And what was that experience?
`14 A. It was working with GE Water to extend
`15 products into Canada to support that industry.
`16 Q. To support the corn to ethanol processing
`17 industry?
`18 A. Yes.
`19 Q. And what products were they extending
`20 into Canada?
`21 A. Water treatment chemistries.
`22 Q. What water treatment chemistries?
`23 A. For cooling towers, boiler treatments and
`24 wastewater.
`25 Q. And these were chemicals to be used in
`Gramann Reporting, Ltd.
`
` 1 those processes?
` 2 A. Yes.
` 3 Q. Were they also providing any sort of
` 4 machinery?
` 5 A. What do you mean specifically by
` 6 "machinery?"
` 7 Q. Well, the boilers, the things that would
` 8 be used in those processes.
` 9 MR. LUCCI: Objection as to form.
`10 THE WITNESS: I don't think I quite
`11 understand your question.
`12 BY MR. FAHY:
`13 Q. So my understanding is that GE was
`14 providing chemicals.
`15 A. Yes.
`16 Q. Were they also providing actual machinery
`17 that's used in the process where the chemicals are
`18 placed?
`19 A. You mean like the boiler itself?
`20 Q. Anything like that.
`21 A. Or do you mean the automation and
`22 controls?
`23 Q. I mean everything.
`24 A. Pretty broad.
`25 MR. LUCCI: Objection as to form.
`
`Page 19
` 1 THE WITNESS: Controllers to dose the
` 2 chemistry.
` 3 BY MR. FAHY:
` 4 Q. Anything else?
` 5 A. No.
` 6 Q. Can you explain to me the purpose of the
` 7 controllers?
` 8 A. Yes.
` 9 Q. Please do.
`10 A. It's to ensure the correct dosage for the
`11 chemical treatment program so that you don't over-
`12 or under-dose.
`13 Q. What happens if you over- or under-dose?
`14 A. It depended on the situation.
`15 Q. And I assume it's not good?
`16 A. Not necessarily. Sometimes it's just you
`17 spend more chemical -- spend more money on chemical
`18 than you need.
`19 Q. Would you say the controllers for dosing
`20 the chemistry are important?
`21 A. In those particular applications?
`22 Q. Yes.
`23 A. Yes.
`24 Q. Were the controllers and the chemicals
`25 sold together as a package or were they sold
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` 1 separately?
` 2 A. It was dependent on the customer.
` 3 Q. Was anything else sold with the chemicals
` 4 besides, depending on the customer, the controllers?
` 5 A. For example?
` 6 Q. Did you provide any services?
` 7 A. Yes.
` 8 Q. What were those?
` 9 A. The service -- the service included site
`10 visits to check that the program was meeting the
`11 KPIs of the customer, key performance indicators of
`12 the customer.
`13 Q. Do you recall what year your first
`14 exposure to the corn to ethanol processing industry
`15 was?
`16 A. I don't.
`17 Q. But it was during your time as commercial
`18 operations leader, right?
`19 A. Yes.
`20 Q. And you said you were commercial
`21 operations leader for about three years; is that
`22 right?
`23 A. Yes.
`24 Q. And you left GE in 2014?
`25 A. Yes.
`
`Page 21
` 1 Q. So you were first exposed to the corn to
` 2 ethanol processing industry sometime between 2011
` 3 and 2014?
` 4 A. That would be approximately.
` 5 Q. Did the chemistries that GE was providing
` 6 to the corn to ethanol processing industry include
` 7 polysorbates?
` 8 A. No.
` 9 Q. Do you recall what the chemistries were?
`10 A. Yes.
`11 Q. Could you tell me what they are or what
`12 they were?
`13 A. To what level of specificity do you need?
`14 Q. Start wherever you want and we'll go from
`15 there.
`16 A. Well, they were cooling water treatments
`17 that were non-polysorbate based, and there were
`18 boiler treatments that are not associated to
`19 polysorbates, and wastewater has no polysorbate
`20 chemistry in it.
`21 Q. Prior to your time as site leader at GE,
`22 what was your job title before that role as site
`23 leader?
`24 A. I was a global marketing manager.
`25 Q. And how long were you global marketing
`Gramann Reporting, Ltd.
`
` 1 manager?
` 2 A. Almost three years.
` 3 Q. And what product line were you global
` 4 marketing manager for?
` 5 A. Plastics.
` 6 Q. So before you became regional sales
` 7 director, was all your experience at GE in plastics?
` 8 A. Yes.
` 9 Q. And you had no experience in the corn to
`10 ethanol processing industry before your time as
`11 commercial operations leader, right?
`12 A. Yes.
`13 Q. Where did you go, if anywhere, after you
`14 left GE in 2014, job-wise?
`15 A. Oh, okay. I came to Solenis.
`16 Q. Was it Solenis at the time?
`17 A. It was Ashland.
`18 Q. So you came to Ashland in 2014?
`19 A. Um-hum, yes.
`20 Q. And when did Ashland become Solenis?
`21 A. It became Solenis in August 2014.
`22 Q. And then you've been at Solenis ever
`23 since?
`24 A. Yes.
`25 Q. And what is your current job title at
`Page 23
`
` 1 Solenis?
` 2 A. I'm the global strategic product director
` 3 for biorefining.
` 4 Q. Have you had that same title your entire
` 5 time at Solenis?
` 6 A. It modified to this current title after
` 7 we became Solenis.
` 8 Q. What was your title at Ashland?
` 9 A. Global strategic product director for
`10 process chemistries.
`11 Q. Have your duties changed much?
`12 A. Yes.
`13 Q. What were your duties as global strategic
`14 product director for process?
`15 A. I oversaw the entire process chemical
`16 product line across all markets.
`17 Q. And what are your duties as director for
`18 biorefining?
`19 A. I oversee the process chemicals that go
`20 into biorefining.
`21 Q. How do your duties -- how are your duties
`22 different?
`23 A. They are more narrowed to market focus.
`24 Q. So you went from all product lines to
`25 biorefining?
`
`(800) 899-7222
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`
`
`PROTECTIVE ORDER MATERIAL
`
`HYDRITE EXHIBIT 1024
`Hydrite v. Solenis
`Trial IPR2015-1592
`(9 of 31)
`
`

`
`6/2/2016
`
`Confidential
`Jennifer Bailey
`Page 24
`
`Page 9 (24 - 27)
`Page 26
`
` 1 A. Um-hum, yes.
` 2 Q. What other product lines besides
` 3 biorefining does Solenis have?
` 4 A. Pulp and paper, mining, oil and gas, and
` 5 then utilities, which would be cooling and boiler
` 6 water treatments, wastewater treatment.
` 7 Q. Any others?
` 8 A. Well, general industry.
` 9 Q. Is the biorefining product line broken
`10 down any further than biorefining?
`11 A. Yes.
`12 Q. How so?
`13 A. The product line itself?
`14 Q. Yes.
`15 A. Okay. We have antiscalants, defoamers,
`16 biocides, antimicrobials, nutrients, corn oil
`17 extraction. I'm trying to think. Cooling water,
`18 wastewater and boiler treatments.
`19 Q. Is the cooling water, wastewater and
`20 boiler treatments under biorefining or under
`21 utilities?
`22 A. They're under utilities but we work
`23 closely together with the product director for
`24 utilities.
`25 Q. And for all the product line breakdown
`Page 25
` 1 that you just listed within biorefining, is Solenis
` 2 just providing chemicals or do they provide other
` 3 products and services to clients?
` 4 A. Yes.
` 5 Q. They provide more than chemicals?
` 6 A. Yes.
` 7 Q. Can you give me some examples of the
` 8 types of products and services that Solenis provides
` 9 in addition to chemicals?
`10 A. So service would be going and verifying
`11 that the program, the dosage rates, are accurate in
`12 meeting the customer's key performance indicators.
`13 And another would be, depending on the customer's
`14 needs, monitoring and control systems to deliver the
`15 chemistry.
`16 Q. Turn to Exhibit 2004 in your '469 patent
`17 declaration.
`18 A. Okay.
`19 Q. Do you see on page one in the first
`20 paragraph of your '469 patent declaration you state
`21 that this declaration is based on your personal
`22 knowledge; is that right?
`23 A. Yes.
`24 Q. If you turn to paragraph ten on page four
`25 of your '469 patent declaration, you state in
`Gramann Reporting, Ltd.
`
` 1 paragraph ten that prior to Solenis's
` 2 commercialization of the Dimension products in 2010,
` 3 there was no other chemical additive being marketed
` 4 and sold for increasing corn oil extraction during
` 5 the corn to ethanol process.
` 6 Do you see that?
` 7 A. Yes.
` 8 Q. You just testified that you had no
` 9 personal experience in the corn to ethanol
`10 processing industry before your role as commercial
`11 operations leader with GE which began in about 2011,
`12 right?
`13 A. Repeat the question, please.
`14 Q. You just testified that you had no
`15 personal experience in the corn to ethanol
`16 processing industry before your role as commercial
`17 operations leader with GE which began in about 2011,
`18 right?
`19 A. Yes.
`20 Q. I'm wondering how you could have personal
`21 knowledge of what was occurring in the corn to
`22 ethanol processing industry before 2010.
`23 A. The work that the company is doing was
`24 started by my predecessor and the business decisions
`25 made at that time which I've carried through based
`Page 27
` 1 on the processes and the investigations that the
` 2 company has done.
` 3 Q. So you don't have personal knowledge of
` 4 that; you got that knowledge from somebody else.
` 5 MR. LUCCI: Objection as to form.
` 6 THE WITNESS: Yes.
` 7 BY MR. FAHY:
` 8 Q. Okay. Are you familiar with a company
` 9 called Nalco, N-A-L-C-O?
`10 A. Yes.
`11 Q. Are you familiar with a flocculant
`12 product that Nalco sells in the corn to ethanol
`13 processing industry?
`14 A. Where specifically in the corn to ethanol
`15 industry?
`16 Q. I don't know. Are you familiar with any
`17 product that Nalco provides?
`18 A. Yes.
`19 Q. And what is your familiarity with that
`20 product?
`21 A. I know that they sell flocculant to
`22 different applications in the process.
`23 Q. Do you know when they began selling that
`24 product?
`25 A. No.
`
`(800) 899-7222
`
`
`
`PROTECTIVE ORDER MATERIAL
`
`HYDRITE EXHIBIT 1024
`Hydrite v. Solenis
`Trial IPR2015-1592
`(10 of 31)
`
`

`
`6/2/2016
`
`Confidential
`Jennifer Bailey
`Page 28
` 1 Q. Do you know if they have patents on that
` 2 product?
` 3 A. No.
` 4 Q. So you don't know -- I'll ask a different
` 5 question. Just to make the record clear, you're not
` 6 familiar with any Nalco flocculant patents?
` 7 MR. LUCCI: I'll ask you to -- you can
` 8 answer that question, Ms. Bailey, but in doing so,
` 9 don't reveal the substance of any communications
`10 that you or other people at Solenis have had with
`11 counsel pursuant to counsel's representation of
`12 Solenis. If you have information other than that,
`13 you're free to provide that to Mr. Fahy.
`14 THE WITNESS: Then I can't answer it.
`15 BY MR. FAHY:
`16 Q. And, to be clear, I'm not looking for any
`17 attorney/client communications. I'm looking for a
`18 yes or no as to your awareness of a Nalco flocculant
`19 patent, which is not privileged.
`20 MR. LUCCI: Well, let me --
`21 THE WITNESS: I don't know how to answer
`22 that.
`23 MR. LUCCI: May I speak with the
`24 witness?
`25 MR. FAHY: Absolutely.
`
`Page 10 (28 - 31)
`Page 30
` 1 Q. Do you know when Nalco began selling its
` 2 commercial flocculant products?
` 3 A. No.
` 4 Q. To the -- no?
` 5 A. No.
` 6 Q. If you could turn your attention, Ms.
` 7 Bailey, to your '469 patent declaration, paragraph
` 8 six. In paragraph six of your '469 patent
` 9 declaration, you refer to Solenis developing the
`10 Dimension products; is that right?
`11 A. Yes.
`12 Q. And that development began in 2009.
`13 A. Yes.
`14 Q. How did that development begin?
`15 A. I was not -- I was not doing the
`16 development so I can't give you specifics of that.
`17 Q. Can you give me generalities?
`18 A. It started as a research project.
`19 Q. And where did it go from there?
`20 A. I'm not sure I understand the intent of
`21 the question.
`22 Q. I'm just looking for you to describe to
`23 me the development process that you say began in
`24 2009 in your declaration.
`25 A. Okay. We have an Innova process. It's a
`Page 31
` 1 stage-gate process that is multiple steps. So the
` 2 early stage is concept that goes through a series of
` 3 trials and experiments in the lab and then moves to
` 4 validation in the field to verify if the
` 5 developmental product actually works and achieves
` 6 the requirements in the performance we're looking
` 7 for. And once we can validate that in the field,
` 8 then we commercialize the product.
` 9 Q. How do you go about the validation in the
`10 field?
`11 A. We do a series of customer trials.
`12 Q. When did the customer trials begin for
`13 the Dimension products referenced in your
`14 declarations?
`15 A. I don't remember the specific date.
`16 Q. Do you remember a year?
`17 A. 2010 time frame.
`18 Q. Do you remember a month?
`19 A. No.
`20 Q. And that's before your time at Solenis?
`21 A. Yes.
`22 Q. Are those customer trials that you
`23 mentioned, are they kept confidential?
`24 A. Yes.
`25 Q. Are there agreements in place with the
`(800) 899-7222
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`Page 29
` 1 MR. LUCCI: We'll take a short break,
` 2 for the record.
` 3 (Brief recess.)
` 4 MR. LUCCI: CJ, could you