`
`By: Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`3200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel:
`(612) 371-5383
`Fax: (612) 332-9081
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`H&S MANUFACTURING COMPANY, INC.
`
`Petitioner,
`
`v.
`
`OXBO INTERNATIONAL CORPORATION
`
`Patent Owner.
`
`____________
`
`Case IPR2016-00950
`Patent 8,166,739
`____________
`
`
`DECLARATION OF SHANE A. BRUNNER
`
`
`
`
`
`1
`
`
`
`1.
`
`I am an attorney for Patent Owner, Oxbo International Corp.
`
`(hereinafter “Oxbo”).
`
`2.
`
`Jake Kappelman was deposed in a parallel District Court case
`
`involving Patent Owner and Petitioner. The case is Oxbo Int’l Corp. v. H&S
`
`Manufacturing Co., Inc., Case No. 15-CV-292-JDP (W.D. Wis.). The deposition of
`
`Mr. Kappelman took place on November 15, 2016 in Cedar Rapids, Iowa.
`
`3.
`
`At the deposition, Mr. Kappelman was represented by Petitioner’s
`
`counsel. Petitioner’s attorneys had the opportunity to examine Mr. Kappelman.
`
`4.
`
`Petitioner’s attorneys designated the entirety of Mr. Kappelman’s
`
`deposition transcript as “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
`
`ONLY” pursuant to the Protective Order entered in the District Court case.
`
`5.
`
`Patent Owner requested that Petitioner remove the confidentiality
`
`designation on certain portions of Mr. Kappelman’s deposition transcript, as well
`
`as on deposition Exhibits 12 and 13, so that they could be submitted in this
`
`proceeding. Petitioner’s counsel agreed to remove the confidentiality designations
`
`for certain portions of Mr. Kappelman’s deposition transcript and for deposition
`
`Exhibits 12 and 13.
`
`
`
`
`
`2
`
`
`
`6.
`
`A redacted transcript of Mr. Kappelman’s deposition is submitted
`
`with Patent Owner’s Response as Exhibit 2011. Deposition Exhibits 12 and 13 are
`
`submitted with Patent Owner’s Response as Exhibits 2012 and 2013, respectively.
`
`7.
`
`Patent Owner also requested that Petitioner remove the confidentiality
`
`designation on another set of documents produced in the District Court litigation
`
`that Petitioner designated as “HIGHLY CONFIDENTIAL – OUTSIDE
`
`COUNSEL ONLY – PROSECUTION BAR.” That set of documents is Bates
`
`numbered H&S 152469 through H&S 152495. Counsel for Petitioner agreed to
`
`remove the confidentiality designation. That set of documents is produced with
`
`Patent Owner’s response as Exhibit 2014.
`
`8.
`
`Exhibit 2009 submitted with Patent Owner’s Response is Defendant’s
`
`Answers to Plaintiff’s First Set of Interrogatories from the District Court litigation.
`
`I declare under penalty of perjury of the laws of the United States of
`
`America that the foregoing is true to the best of my knowledge.
`
`
`
`March 1, 2017
`
`__________________
` Shane A. Brunner
`
`
`
`
`
`
`
`3
`
`
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