UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Borealis AG
`Petitioner
`
`v.
`
`Berry Plastics Corporation
`Patent Owner
`
`Case IPR2016-00235
`
`In re Inter Parte Review of
`U.S. Patent No. 8,883,280
`
`DECLARATION OF HOJUNG CHO
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BOREALIS EXHIBIT 1003
`
`PAGE 1 OF 5
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Borealis AG
`Petitioner
`
`v.
`
`Berry Plastics Corporation
`Patent Owner
`
`Case IPR2016-00235
`
`In re Inter Parte Review of
`U.S. Patent No. 8,883,280
`
`DECLARATION OF HOJUNG CHO
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BOREALIS EXHIBIT 1003
`
`PAGE 1 OF 5
`
`
`
`I, Hojung Cho, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
`
`1.
`
`I am an attorney at the law firm of Finnegan, Henderson, Farabow,
`
`Garrett and Dunner LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Inter Partes Review proceeding. Unless otherwise stated, the facts stated in this
`
`Declaration are based on my personal knowledge.
`
`3.
`
`On November 25, 2015, I visited
`
`http://www.polymerjournals.com/search.asp and searched a journal article
`
`published between 2001 and 2009 using a keyword text, “PP-blends.” I found a
`
`link to the abstract of a paper titled “PP-Blends with Tailored Foamabiltiy and
`
`Mechanical Properties,” Cellular Polymers, Volume 22, No. 5 (2003), pp. 315-327
`
`at
`
`http://www.polymerjournals.com/journals.asp?Search=YES&JournalID=98372&J
`
`ournalType=cp and printed a copy of these webpages. That copy is now Exhibit
`
`1027. On November 20, 2015, I also purchased and downloaded a copy of the
`
`paper, Cellular Polymers, Volume 22, No. 5 (2003), pp. 315-327, from the same
`
`webpage
`
`http://www.polymerjournals.com/journals.asp?Search=YES&JournalID=98372&J
`
`ournalType=cp. The copy of this paper is now Exhibit 1014.
`
`
`
`1
`
`PAGE 2 OF 5
`
`
`
`4.
`
`On November 20, 2015, I visited
`
`http://www.sciencedirect.com/science/article/pii/S0079670002000060 and printed
`
`a copy of it. That copy is now Exhibit 1028, and it includes an abstract for
`
`Progress in Polymer Science, Volume 7, Issue 7, September 2002, pages 1195-
`
`1282, indicating that the associated paper was published online on January 29,
`
`2002. On November 20, 2015, I also downloaded a copy of the associated paper
`
`from http://www.sciencedirect.com/science/article/pii/S0079670002000060. The
`
`copy of this paper is now Exhibit 1015.
`
`5.
`
`Exhibit 1012 is a copy of excerpts from a book, Lorna J. Gibson and
`
`Michael F. Ashby, Cellular solids: structure and properties, Cambridge University
`
`Press, 1997, obtained from United States Library of Congress. Exhibit 1012
`
`includes a Library of Congress catalog card number 96-31571 and a July 15, 1997
`
`Library of Congress Copyright Office stamp. On November 20, 2015, I visited
`
`https://catalog.loc.gov/, and printed a copy of Library of Congress Online Catalog
`
`Record of this book under LC Control No. 96031571 from
`
`http://lccn.loc.gov/96031571. The copy of this record is now Exhibit 1029.
`
`6.
`
`Exhibit 1013 is a copy of excerpts from a book, C. Maier and
`
`T. Calafut, Polypropylene: the Definitive User’s Guide and Databook, Plastics
`
`Design Library, William Andrew Inc. (1998), obtained from the Library of
`
`Congress. A title page of Exhibit 1013 includes a Library of Congress catalog card
`
`
`
`2
`
`PAGE 3 OF 5
`
`
`
`number 97-076233 and an April 23, 1998 Library of Congress Copyright Office
`
`stamp. On November 20, 2015, I visited https://catalog.loc.gov/, and printed a
`
`copy of Library of Congress Online Catalog Record of this book under LC Control
`
`No. 97076233 from http://lccn.loc.gov/97076233. The copy of this record is now
`
`Exhibit 1030.
`
`7.
`
`Exhibit 1017 is a copy of excerpts from a book, Encyclopedia of
`
`Polymer Science and Technology: Plastics, Resins, Rubber, and Fibers, Vol. 2,
`
`John Wiley & Sons, Inc. (1965), obtained from the Library of Congress. A title
`
`page of Exhibit 1017 includes a Library of Congress Card Number 64-22188 and a
`
`June 14, 1965 Library of Congress Copyright Office stamp. On November 20,
`
`2015, I visited https://catalog.loc.gov/, and printed a copy of Library of Congress
`
`Online Catalog Record of this book under LC Control No. 64022188 from
`
`http://lccn.loc.gov/64022188. The copy of this record is now Exhibit 1031.
`
`8.
`
`Exhibit 1020 is a copy of excerpts from a book, Shau-Tarng Lee et al.,
`
`Polymer Foams: Science and Technology, CRC Press (2007), obtained from the
`
`Library of Congress. A title page of Exhibit 1020 includes a Library of Congress
`
`Card Number 2006043863 and an October 24, 2006 Library of Congress
`
`Copyright Office stamp. On November 20, 2015, I visited https://catalog.loc.gov/,
`
`and printed a copy of Library of Congress Online Catalog Record of this book
`
`
`
`3
`
`PAGE 4 OF 5
`
`
`
`under LC Control No. 2006043863 from http://lccn.loc.gov/2006043863. The
`
`copy of this record is now Exhibit 1032.
`
`9.
`
`Exhibit 1033 is a copy of a brochure, “Borealis Daploy™ HMS
`
`Polypropylene for Foam Extrusion” linked to the Borealis webpage archived in the
`
`Internet Archive’s “Wayback Machine” at
`
`https://web.archive.org/web/20081116085125/http://www.borealisgroup.com/pdf/l
`
`iterature/borealis-borouge/brochure/K_IN0020_GB_FF_2007_10_BB.pdf. Based
`
`on the information provided by the Affidavit of Christopher Butler of Internet
`
`Archive (Ex. 1004, page 1, ¶¶ 2-5), I understand that this copy of the Borealis
`
`brochure (Ex. 1033) was available and archived on November 16, 2008.
`
`10.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to be true, and
`
`that these statements were made with the knowledge that willful false statements
`
`and the like so made are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`
`
`Dated: November 30, 2015
`
`
`
`
`
`
`
` By: /Hojung Cho/
` Hojung Cho
`
`
`
`
`
`
`
`4
`
`PAGE 5 OF 5
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
