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