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`Civil No. 0:20-cv-00358 ECT/HB
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`Plaintiff,
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`Defendant.
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`v.
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`Tennant Company,
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
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`Oxygenator Water Technologies, Inc.,
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`PLAINTIFF’S SUPPLEMENTAL RESPONSES TO DEFENDANT’S
`INTERROGATORIES (Nos. 14 and 15)
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`Plaintiff Oxygenator Water Technologies, Inc. (“OWT”) hereby provides the following
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`objections and supplemental responses to Defendant Tennant Company’s (“Defendant”)
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`Interrogatories Nos. 14 and 15 as follows:
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`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS AND OBJECTIONS
`TO ALL INTERROGATORIES
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`1.
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`OWT incorporates by reference its Objections to Definitions and Instructions and
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`Objections to All Interrogatories that were included in its initial responses to these
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`interrogatories.
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`SUPPLEMENTAL RESPONSES TO INTERROGATORIES
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`Page 2
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`OWT Ex. 2009
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`Tennant Company v. OWT
`IPR2021-00602
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`Page 3
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`3
`U)
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`OWT Ex. 2009
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`Tennant Company v. OWT
`IPR2021-00602
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`INTERROGATORY NO. 15:
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`Identify, for every invention claimed in the Patents-In-Suit:
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`(1) the earliest date of conception;
`(2) the earliest date of reduction to practice;
`(3) any documents that you content to support or reflect the dates identified in (1) or (2);
`and
`(4) any idividuals involved in (1) or (2) and include a description of their involvement.
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`RESPONSE:
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`Based on its investigation to date, OWT states that it does not presently intend to attempt
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`to establish a priority date earlier than the date of any of the references identified in the headers
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`of any of Tennant’s invalidity claim charts (i.e. the headers for Exhibits 1-8 for the ’665 and 092
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`patents, the headers for the chart for the ’415 patent entitled “Litigation Invalidity Claim Chart
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`for Reissued Patent U.S. RE45,451 (Senkiw)”, and the headers for Exhibits 19 and 20). If there
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`are additional alleged prior art references that are identified elsewhere in the claim charts that
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`accompanied Tennant’s invalidity contentions for which information responsive to this
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`interrogatory is relevant, OWT will provide a response relevant to those references after Tennant
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`identifies them to OWT. OWT reserves the right to supplement this interrogatory as discovery
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`continues, particularly in light of any new positions taken by Tennant, any claim constructions
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`the Court may enter, any expert analysis or discovery, any third party discovery, or any other
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`information that comes to light as this case unfolds.
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`Beyond that, OWT objects that this interrogatory seeks information that is not relevant to
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`any party’s claims or defenses, not proportional, unduly burdensome, and unreasonably
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`cumulative and duplicative. OWT objects to this interrogatory as containing discrete subparts
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`and counting as more than one interrogatory. OWT objects to this interrogatory to the extent it
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`seeks privileged or work product information, and OWT will withhold such information.
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`SUPPLEMENTAL RESPONSE:
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`OWT maintains all of its general and specific objections identified above. OWT further
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`objects that an additional response to this interrogatory is unnecessary given that the particular
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`dates of conception and reduction to practice are not relevant to any issue in this case.
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`Nevertheless, OWT will identify a date below. The date OWT identifies is based on the
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`5
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`disclosures from all parties and non-parties to date. It is specifically based on the prior art
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`references that Tennant included in the claim charts that accompanied its invalidity contentions.
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`To the extent Tennant is allowed to add any additional prior art references to the case, OWT
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`reserves the right to supplement this response. OWT additionally reserves the right to
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`supplement this response as discovery continues, including to the extent testimony or documents
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`provide evidence of an earlier date of conception or reduction to practice. The earliest date of
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`conception and reduction to practice that OWT contends is relevant to the asserted claims in this
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`case is December 10, 2003, the date that U.S. Patent Application No. 10/732,326 was filed.
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`Date: June 10, 2021
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`As to objections:
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`/s/ Nathan D. Louwagie
`Philip P. Caspers (#0192569)
`J. Derek Vandenburgh (#0224145)
`Aaron W. Pederson (#0386953)
`Nathan D. Louwagie (#0397564)
`CARLSON, CASPERS, VANDENBURGH &
`LINDQUIST, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`Phone: (612) 436-9600
`Facsimile: (612) 436-9605
`pcaspers@carlsoncaspers.com
`dvandenburgh@carlsoncaspers.com
`apederson@carlsoncaspers.com
`nlouwagie@carlsoncaspers.com
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`Attorneys for Plaintiff Oxygenator Water
`Technologies, Inc.
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`6
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`Certificate of Service
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`I, the undersigned, certify that, on June 10, 2021, I caused the foregoing document
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`to be served on counsel of record via email.
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`Date: June 10, 2021
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`/s/ Nathan D. Louwagie
`Philip P. Caspers (#0192569)
`J. Derek Vandenburgh (#0224145)
`Aaron W. Pederson (#0386953)
`Nathan D. Louwagie (#0397564)
`Carlson, Caspers, Vandenburgh & Lindquist, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`Phone: (612) 436-9600
`Facsimile: (612) 436-9605
`pcaspers@carlsoncaspers.com
`dvandenburgh@carlsoncaspers.com
`apederson@carlsoncaspers.com
`nlouwagie@carlsoncaspers.com
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`Attorneys for Plaintiff Oxygenator Water
`Technologies, Inc.
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`7
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