`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HYDRITE CHEMICAL CO.,
`Petitioner,
`
`v.
`
`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`
`
`PATENT OWNER’S IDENTIFICATION OF NEW EVIDENCE AND
`ARGUMENT IN PETITIONER’S REPLY PAPERS
`
`
`
`
`
`
`
`
`
`Case IPR2015-01592
`U.S. Patent No. 8,962,059
`
`Pursuant to the Board’s Order dated July 27, 2016, Paper No. 24, Patent
`
`Owner submits the following list identifying material from Petitioner’s reply
`
`papers, including the Supplemental Declaration of Dr. David A. Rockstraw (Ex.
`
`1025), that improperly present new arguments and evidence.
`
`I. Material from Petitioner’s Reply (Paper 21)
`
`
`
`1. Pages 1-2 and 8-9: issue of alleged simultaneous invention, including
`
`citations to and reliance on Ex. 1004 (interference proceeding), Ex. 1022
`
`(Chippewa Valley Ethanol Company (“CVEC”) slides), and Ex. 1030
`
`(U.S. Patent No. 8,841,469);
`
`2. Pages 4-7: deposition testimony presenting a new rationale for how one
`
`allegedly would have arrived at the inventions recited in claims 1-19; and
`
`3. Pages 13 and 20-21: citations to and reliance on Ex. 1025, ¶¶ 13-23 (see
`
`below) and newly added Ex. 1027 (Atlas) concerning arguments
`
`regarding “HLB opposing that for emulsion being treated” language from
`
`Ex. 1027.
`
`II. Material from Supplemental Declaration of Dr. David A. Rockstraw
`(Ex. 1025)
`1. ¶¶ 11, 17, 18, 19, 22, 23, regarding newly submitted Atlas reference (Ex.
`
`1027) and arguments relying upon its “HLB opposing that for emulsion
`
`being treated” language, and
`
`- 1 -
`
`
`
`Case IPR2015-01592
`U.S. Patent No. 8,962,059
`
`2. ¶¶ 12, 23, regarding newly submitted Cereal Science reference (Ex.
`
`1028) and comments relying upon its disclosure regarding phosphatides.
`
`
`
`
`
`Respectfully submitted,
`
`/Joseph Lucci/
`Joseph Lucci
`Registration No. 33,307
`BAKER & HOSTETLER LLP
`2929 Arch Street
`Cira Centre, 12th Floor
`Philadelphia, PA 19104-2891
`Telephone: 215.568.3100
`Facsimile: 215.568.3439
`jlucci@bakerlaw.com
`
`Attorney for Patent Owner
`SOLENIS TECHNOLOGIES, L.P.
`
`- 2 -
`
`
`
`
`
`Dated: August 8, 2016
`
`
`
`
`
`
`
`
`
`
`Case IPR2015-01592
`U.S. Patent No. 8,962,059
`
`CERTIFICATE OF SERVICE
`
`I, David N. Farsiou, hereby certify that on this 8th day of August, 2016, the
`
`foregoing PATENT OWNER’S IDENTIFICATION OF NEW EVIDENCE
`
`AND ARGUMENT IN PETITIONER’S REPLY PAPERS was served
`
`electronically via e-mail on the following:
`
`Richard Roche
`Joel A. Austin
`Christopher J. Fahy
`QUARLES & BRADY LLP
`411 East Wisconsin Avenue
`Suite 2350
`Milwaukee, Wisconsin 53202
`richard.roche@quarles.com
`joel.austin@quarles.com
`christopher.fahy@quarles.com
`
`
`
`/David N. Farsiou/
`David N. Farsiou
`Reg. No. 44, 104
`Baker & Hostetler LLP
`2929 Arch Street
`Cira Centre, 12th Floor
`Philadelphia, PA 19104-2891
`Telephone: 215.568.3100
`Facsimile: 215.568.3439
`dfarsiou@bakerlaw.com
`
`Attorney for Patent Owner
`
`- 3 -
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