UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Borealis AG
`Petitioner
`
`
`
`v.
`
`Berry Plastics Corporation
`Patent Owner
`
`
`
`Case IPR2016-00564
`
`In re Inter Parte Review of
`U.S. Patent No. 8,883,280
`
`DECLARATION OF HOJUNG CHO
`
`
`
`
`
`
`
`
`
`Page 1 of 14
`
`BOREALIS EXHIBIT 1076
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Borealis AG
`Petitioner
`
`
`
`v.
`
`Berry Plastics Corporation
`Patent Owner
`
`
`
`Case IPR2016-00564
`
`In re Inter Parte Review of
`U.S. Patent No. 8,883,280
`
`DECLARATION OF HOJUNG CHO
`
`
`
`
`
`
`
`
`
`Page 1 of 14
`
`BOREALIS EXHIBIT 1076
`
`
`
`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, Reichelt et al., “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, Reichelt et al., “PP-Blends with Tailored Foamabiltiy and Mechanical
`
`Properties,” Cellular Polymers, Volume 22, No. 5 (2003), pp. 315-327, from the
`
`same webpage
`
`
`
`1
`
`Page 2 of 14
`
`
`
`http://www.polymerjournals.com/journals.asp?Search=YES&JournalID=98372&J
`
`ournalType=cp. The copy of this paper is now Exhibit 1014.
`
`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. The webpage includes an abstract of
`
`a paper, Ratzsch et al., “Radical Reactions on Polypropylene in the Solid State,”
`
`Progress in Polymer Science, Volume 7, Issue 7, September 2002, pages 1195-
`
`1282, and indicates 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 the same webpage
`
`http://www.sciencedirect.com/science/article/pii/S0079670002000060. The copy
`
`of this paper is now Exhibit 1015.
`
`5.
`
`On February 6, 2016, I visited
`
`http://pubs.acs.org/doi/abs/10.1021/ie0489608 and printed a copy of it. That copy
`
`is now Exhibit 1078. The webpage includes an abstract of a paper, Naguib et al.,
`
`“Effect of Supercritical Gas on Crystallization of Linear and Branched
`
`Polypropylene Resins with Foaming Additives,” Ind. Eng. Chem. Res. 2005, 44,
`
`6685-6691, and indicates that the associated paper was published on July 8, 2005.
`
`On February 6, 2016, I also downloaded a copy of the associated paper from the
`
`
`
`2
`
`Page 3 of 14
`
`
`
`same webpage, http://pubs.acs.org/doi/abs/10.1021/ie0489608. The copy of this
`
`paper is now Exhibit 1043.
`
`6.
`
`On February 6, 2016, I visited
`
`http://www.sciencedirect.com/science/article/pii/S0009250909002486 and printed
`
`a copy of it. That copy is now Exhibit 1079. The webpage includes an abstract of
`
`a paper, Tabatabaei et al., “Rheological and Thermal Properties of Blends of a
`
`Long-Chain Branched Polypropylene and Different Linear Polypropylenes,”
`
`Chemical Engineering Science 64(2009), 4719-4731, and indicates that the
`
`associated paper was published online on April 14, 2009. On February 6, 2016, I
`
`also downloaded a copy of the associated paper from the same webpage,
`
`http://www.sciencedirect.com/science/article/pii/S0009250909002486. The copy
`
`of this paper is now Exhibit 1044.
`
`7.
`
` On February 8, 2016, I visited
`
`http://onlinelibrary.wiley.com/wol1/doi/10.1002/polb.20005/full and printed a
`
`copy of it. That copy is now Exhibit 1086. The webpage includes an abstract of a
`
`paper, Almanza et al., “Applicability of the Transient Plane Source Method to
`
`Measure the Thermal Conductivity of Low-density Polyethylene Foams,” Journal
`
`of Polymer Science: Part B: Polymer Physics, Volume 42 (2004), 1226–1234, and
`
`indicates that the associated paper was published online on February 11, 2004. On
`
`February 8, 2016, I also downloaded a copy of the associated paper from the same
`
`
`
`3
`
`Page 4 of 14
`
`
`
`webpage, http://onlinelibrary.wiley.com/wol1/doi/10.1002/polb.20005/full. The
`
`copy of this paper is now Exhibit 1045.
`
`8.
`
`On February 6, 2016, I visited
`
`http://onlinelibrary.wiley.com/doi/10.1002/adem.200900129/abstract and printed a
`
`copy of it. That copy is now Exhibit 1080. The webpage includes an abstract of a
`
`paper, Antunes et al., “Heat Transfer in Polypropylene-Based Foams Produced
`
`Using Different Foaming Processes,” Advanced Engineering Materials, 2009, 11,
`
`No. 10, 811-819, and indicates that the associated paper was published online on
`
`August 21 2009. On February 6, 2016, I also downloaded a copy of the associated
`
`paper from the same webpage,
`
`http://onlinelibrary.wiley.com/doi/10.1002/adem.200900129/abstract. The copy of
`
`this paper is now Exhibit 1056.
`
`9.
`
`On February 6, 2016, I visited
`
`http://www.sciencedirect.com/science/article/pii/B9781856174787500076 and
`
`printed a copy of it. That copy is now Exhibit 1065. The webpage includes a
`
`summary of a paper, Michel Biron, “Chapter 4 – Detailed Accounts of
`
`Thermoplastic Resins,” Thermoplastics and Thermoplastic Composites, Technical
`
`Information for Plastics Users, Elsevier Ltd. (2007), 217-714 and indicates that the
`
`associated paper was available online March 4, 2008. On February 6, 2016, I also
`
`downloaded a copy of the associated paper from the same webpage,
`
`
`
`4
`
`Page 5 of 14
`
`
`
`http://onlinelibrary.wiley.com/doi/10.1002/adem.200900129/abstract. The copy of
`
`this paper is now Exhibit 1064.
`
`10. Ex. 1073 is a copy of the paper, Martinez-Diez et al., “The Thermal
`
`Conductivity of a Polyethylene Foam Block Produced by a Compression Molding
`
`Process,” Journal of Cellular Plastics, Volume 37, January 2001, pp. 21-42, along
`
`with the cover, title pages, table of contents of the journal. Page 3 of Ex. 1073
`
`includes a January 26, 2001, Library of Congress Copyright Office stamp. On
`
`February 9, 2016, I visited https://catalog.loc.gov/, and printed a copy of the
`
`Library of Congress Online Catalog Record of this journal under LC 64009474
`
`from https://lccn.loc.gov/64009474. The copy of this record is now Exhibit 1082.
`
`11. 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.
`
`12. 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
`
`
`
`5
`
`Page 6 of 14
`
`
`
`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 the Library of Congress Online Catalog Record of this book
`
`under LC Control No. 2006043863 from http://lccn.loc.gov/2006043863. The
`
`copy of this record is now Exhibit 1032.
`
`13. Exhibit 1039 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 the Library of Congress. Exhibit 1039 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.
`
`14. Exhibit 1040 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 1040 includes a Library of Congress catalog card
`
`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
`
`
`
`6
`
`Page 7 of 14
`
`
`
`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.
`
`15. Exhibit 1060 is a copy of excerpts from a book, Frank Kreith,
`
`Principles of Heat Transfer, 3rd ed., Intext Educational Publishers (1973), obtained
`
`from the Library of Congress. A title page of Exhibit 1060 includes a Library of
`
`Congress catalog card number 73-1784 and a May 3, 1973 Library of Congress
`
`Copyright Office stamp. On February 6, 2016, I visited https://catalog.loc.gov/,
`
`and printed a copy of Library of Congress Online Catalog Record of this book
`
`under LC Control No. 73001784 from http://lccn.loc.gov/73001784. The copy of
`
`this record is now Exhibit 1083.
`
`16. Exhibit 1061 is a copy of excerpts from a book, James M. Gere,
`
`Mechanics of Materials, 5th ed., Brooks/Cole (2001), obtained from the Library of
`
`Congress. A title page of Exhibit 1061 includes a Library of Congress catalog card
`
`number 00-02931 and a June 13, 2000 Library of Congress Copyright Office stamp.
`
`On February 6, 2016, I visited https://catalog.loc.gov/, and printed a copy of
`
`Library of Congress Online Catalog Record of this book under LC Control No.
`
`00029231 from https://lccn.loc.gov/00029231. The copy of this record is now
`
`Exhibit 1062.
`
`
`
`7
`
`Page 8 of 14
`
`
`
`17. Exhibit 1066 is a copy of excerpts from a book, Cornelia Vasile,
`
`Handbook of Polyolefins, 2nd ed., Marcel Dekker, Inc. (2000), obtained from the
`
`Library of Congress. A title page of Exhibit 1066 includes a Library of Congress
`
`Card Number 00037685 and a September 15, 2000 Library of Congress Copyright
`
`Office stamp. On February 6, 2016, I visited https://catalog.loc.gov/, and printed a
`
`copy of Library of Congress Online Catalog Record of this book under LC Control
`
`No. 00037685 from http://lccn.loc.gov/00037685. The copy of this record is now
`
`Exhibit 1085.
`
`18. Exhibit 1071 is a copy of excerpts from a book, M.C. McCrum et al.,
`
`Principles of Polymer Engineering, 2nd ed., Oxford Science Publications (1997),
`
`obtained from the Library of Congress. A title page of Exhibit 1071 includes a
`
`Library of Congress Card Number 97-12589 and a December 11, 1997 Library of
`
`Congress Copyright Office stamp. On February 6, 2016, I visited
`
`https://catalog.loc.gov/, and printed a copy of Library of Congress Online Catalog
`
`Record of this book under LC Control No. 97012589 from
`
`https://lccn.loc.gov/97012589. The copy of this record is now Exhibit 1081.
`
`19. Exhibit 1072 is a copy of excerpts from a book, Robert H. Perry,
`
`Perry’s Chemical Engineers Handbook, 7th ed., The McGraw-Hill Companies, Inc.
`
`(1997), obtained from the Library of Congress. A title page of Exhibit 1072
`
`includes a Library of Congress Card Number 96-51648 and an August 25, 1997
`
`
`
`8
`
`Page 9 of 14
`
`
`
`Library of Congress Copyright Office stamp. On February 8, 2016, I visited
`
`https://catalog.loc.gov/, and printed a copy of Library of Congress Online Catalog
`
`Record of this book under LC Control No. 96-51648 from
`
`http://lccn.loc.gov/96051648. The copy of this record is now Exhibit 1084.
`
`20. 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.
`
`21. Exhibit 1050 is a copy of a webpage archived in the Internet
`
`Archive’s “Wayback Machine” at
`
`https://web.archive.org/web/20080926114057/http:/www.burnfoundation.org/prog
`
`rams/resource.cfm?c=1&a=3. 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 webpage was available and archived on September 26, 2008.
`
`22. Exhibit 1051 is a copy of a webpage archived in the Internet
`
`Archive’s “Wayback Machine” at
`
`
`
`9
`
`Page 10 of 14
`
`
`
`https://web.archive.org/web/20080517041952/http:/www.antiscald.com/prevention
`
`/general_info/table.php. 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 webpage was available and archived on May 17, 2008.
`
`23.
`
` Exhibit 1052 is a copy of webpage accessed on February 5, 2016,
`
`http://www.nist.gov/fire/fire_behavior.cfm, indicating that the date created is
`
`November 17, 2010.
`
`24. Exhibit 1053 is a copy of webpage archived in the Internet Archive’s
`
`“Wayback Machine” at
`
`https://web.archive.org/web/20071010183358/http://hypertextbook.com/facts/2007
`
`/TatyanaNektalova.shtml. 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 webpage was available and archived on October 10, 2007.
`
`25. Exhibit 1054 is a copy of webpage archived in the Internet Archive’s
`
`“Wayback Machine” at
`
`https://web.archive.org/web/20090302090144/http://www.hps.org/publicinformati
`
`on/ate/faqs/microwaveovenq&a.html. 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 webpage was available and archived on March 2, 2009.
`
`
`
`10
`
`Page 11 of 14
`
`
`
`26.
`
` Exhibit 1055 is a copy of webpage accessed on February 5, 2016,
`
`http://www.cooksinfo.com/microwave-ovens.
`
`27. On February 4, 2016, I visited
`
`https://www.lyondellbasell.com/en/polymers/p/Hifax-CA-60-A/d372c484-8f5a-
`
`4b2c-8674-8b7b781a1796 and downloaded a copy of the associated “Technical
`
`Data Sheet” of HIFAX CA 60 A. This copy is now Exhibit 1063, and the second
`
`page of the Technical Data Sheet indicates that the data sheet was released on
`
`December 16, 2009.
`
`28. On February 9, 2016, I visited
`
`http://onlinelibrary.wiley.com/doi/10.1002/pen.760230602/abstract, and printed a
`
`copy of it. That copy is now Exhibit 1087. The webpage includes an abstract of a
`
`paper, Williams, R. J. J. and Aldao, C. M., “Thermal Conductivity of Plastic
`
`Foams,” Polym Eng Sci, 23: 293–298 (1983), and indicates that the associated
`
`paper was published online on August 25, 2004. On February 9, 2016, I also
`
`downloaded a copy of the associated paper from the same webpage,
`
`http://onlinelibrary.wiley.com/doi/10.1002/pen.760230602/abstract. The copy of
`
`this paper is now Exhibit 1069.
`
`29. Ex. 1088 is a copy of the paper, R. Coquard and D. Baillis, “Modeling
`
`of Heat Transfer in Low-Density EPS Foams,” Journal of Heat Transfer, 2006,
`
`128(6): 538-549. Page 3 of Ex. 1088 includes a June 21, 2006, Library of Congress
`
`
`
`11
`
`Page 12 of 14
`
`
`
`Copyright Office stamp. On February 10, 2016, I visited https://catalog.loc.gov/,
`
`and printed a copy of the Library of Congress Online Catalog Record of this
`
`journal under LC Control No. 61019573 from http://lccn.loc.gov/61019573. The
`
`copy of this record is now Ex. 1089.
`
`30. On February 11, 2016, I visited
`
`http://pubs.acs.org/doi/abs/10.1021/ci980087w and printed a copy of it. That copy
`
`is now Exhibit 1093. The webpage includes an abstract of a paper, A. R. Katritzky
`
`et al., “Correlation and Prediction of the Refractive Indices of Polymers by QSPR,”
`
`J. Chem. Inf. Comput. Sci., 1998, 38 (6), pp 1171–1176, and indicates that the
`
`associated paper was published online on October 22, 1998. On February 11, 2016,
`
`I also downloaded a copy of the associated paper from the same webpage,
`
`http://pubs.acs.org/doi/abs/10.1021/ci980087w. The copy of this paper is now
`
`Exhibit 1090.
`
`31. On February 11, 2016, I visited
`
`http://www.springer.com/us/book/9783642044021 and printed a copy of it. That
`
`copy is now Exhibit 1094. The webpage includes a paper, M Antunes et al., “Heat
`
`Transfer in Polyolefin Foams,” in Heat Transfer in Multi-Phase Materials, A.
`
`Öchsner and G. E. Murch, Eds., Springer-Verlag Berlin Heidelberg, 2011, pp.
`
`131–161. On February 11, 2016, I also downloaded a copy of the associated paper
`
`from the same webpage, http://www.springer.com/us/book/9783642044021. The
`
`
`
`12
`
`Page 13 of 14
`
`
`
`copy of this paper is now Exhibit 1092, and indicates on page 131 of Ex. 1092 that
`
`it published online on January 26, 2011.
`
`32.
`
`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: February 12, 2016 By: /Hojung Cho/
`
`
`
`
`
`
` Hojung Cho
`
`
`
`
`
`
`
`13
`
`Page 14 of 14
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