CASE 0:20-cv-00358-ECT-HB Doc. 75 Filed 06/09/21 Page 1 of 6
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`OXYGENATOR WATER
`TECHNOLOGIES, INC.
`
`
`
`v.
`
`TENNANT COMPANY
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`Civil Action No. 0:20-cv-00358
`(ECT/HB)
`
`
`
`
`
`
`
`
`
`SUPPLEMENTAL JOINT PATENT CASE STATUS REPORT AND
`CLAIM CONSTRUCTION STATEMENT
`
`Pursuant to the Pretrial Scheduling Order (ECF No. 43, modified by ECF No. 62),
`
`Plaintiff Oxygenator Water Technologies, Inc. (“OWT”) and Defendant Tennant
`
`Company (“Tennant”) jointly submit this Supplemental Joint Patent Case Status Report
`
`and Claim Construction Statement to correct errors regarding specific terms in the Joint
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`Claim Construction Statement filed on April 9, 2021. (ECF No. 64.) Specifically, the
`
`tables in sections C and D of that Joint Claim Construction Statement included errors that
`
`are corrected by the below redlines. The parties agree that the remainder of the Joint
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`Patent Case Status Report and Claim Construction Statement filed on April 9, 2021 shall
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`remain in effect (subject to the Court’s Briefing Order at ECF No. 68).
`
`C.
`
`Agreed Claim Constructions
`
`Term(s)/Phrase(s)
`“a suspension
`comprising oxygen
`microbubbles and
`nanobubbles”
`
`Patent Claim(s) Agreed Claim Construction
`’415 Patent,
`A mixture including microbubbles and
`Claim 13
`nanobubbles that are dispersed within but
`undissolved in the water.
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`1
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`CASE 0:20-cv-00358-ECT-HB Doc. 75 Filed 06/09/21 Page 2 of 6
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`“microbubble”
`
`“critical distance”
`
`“aquarium reservoir
`container”
`“supersaturate”
`
`“concave”
`
`“radial direction relative
`to the longitudinal center
`axis”
`
`
`
`’415 Patent,
`Claims 13, 19,
`20, 21, 22, 25;
`’092 Patent,
`Claim 23
`’415 Patent,
`Claim 13
`
`’415 Patent,
`Claim 20
`’415 Patent,
`Claim 21
`
`’092 Patent,
`Claim 64
`’092 Patent,
`Claim 65
`
`D.
`
`Terms for Construction
`
`A bubble with a diameter less than 50 microns.
`
`The distance separating the anode and cathode
`at which evolved oxygen forms microbubbles
`and nanobubbles.
`A container designed for keeping fish or other
`live aquatic creatures.
`Causing water to have oxygen at a higher
`concentration than normal calculated oxygen
`solubility at a particular temperature and
`pressure.
`Curved inward.
`
`A direction perpendicular to the longitudinal
`center axis.
`
`Claim Term, Phrase,
`or Clause
`“water”
`
`OWT Proposed
`Construction
`An aqueous medium that
`can support the
`electrolysis of water.
`
`
`
`Patent
`Claim(s)
`’415
`Patent,
`Claims 13,
`18, 19, 20,
`21, 25, 29;
`’092
`Patent,
`Claims 13,
`27, 60;
`’665
`Patent,
`Claims 13,
`55
`
`“conductivity produced
`by the presence of
`dissolved solids such
`
`’415
`Patent,
`Claim 13
`
`Plain and ordinary
`meaning.
`
`
`2
`
`
`Tennant Proposed
`Construction
`Water means any
`aqueous medium with
`resistance less than one
`ohm per square
`centimeter, that is, a
`medium that can support
`the electrolysis of water.
`In general, the lower
`limit of resistance for a
`medium that can support
`electrolysis is water
`containing more than
`2000 ppm total dissolved
`solids.
`
`To the extent any
`construction is possible,
`Tennant relies on the
`definition provided by
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`CASE 0:20-cv-00358-ECT-HB Doc. 75 Filed 06/09/21 Page 3 of 6
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`that the water supports
`plant or animal life”
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`
`
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`“aqueous medium”
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`“oxygenated aqueous
`composition”
`
`“tubular housing”
`
`“flowing water . . .
`through an electrolysis
`emitter”
`
`“a flow-through
`oxygenator”
`
`“deliver electrical
`current to the
`electrodes while water
`flows through the
`tubular housing”
`
`’665
`Patent,
`Claim 55
`
`’415
`Patent,
`Claim 13
`’415
`Patent,
`Claims 13,
`26
`’415
`Patent,
`Claim 13
`
`’092
`Patent,
`Claim 13
`
`‘665
`Patent,
`Claim 13
`
`“passing water through
`the tubular housing”
`
`’092
`Patent,
`Claim 13
`
`Plain and ordinary
`meaning.
`
`
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning. The term does
`not require a circular cross
`section.
`Moving water through an
`electrolysis emitter by
`means other than
`electrolysis.
`
`An oxygenator configured
`to connect to a source of
`flowing water.
`
`Deliver electrical current
`to the electrodes while
`moving water through the
`electrolysis emitter by
`means other than
`electrolysis.
`
`Moving water through an
`electrolysis emitter by
`means other than
`electrolysis.
`
`
`3
`
`
`the applicant wherein he
`defined how conductivity
`is produced by the
`presence of dissolved
`solids such that the water
`supports plant or animal
`life as water that can
`support electrolysis is
`“water containing more
`than 2000 ppm total
`dissolved solids.”
`.
`a mixture made with
`water
`
`a composition of water
`and oxygen
`
`an enclosure shaped like
`a cylinder, hose, or tube
`
`Placing the emitting
`device in the fluid to be
`treated as opposed to
`using a pipe system
`
`Placing the emitting
`device in the fluid to be
`treated as opposed to
`using a pipe system
`Delivering electrical
`current to the electrodes
`while the emitting device
`is in the fluid to be
`treated as opposed to
`being used with a pipe
`system.
`Placing the emitting
`device in the fluid to be
`treated as opposed to
`using a pipe system.
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`CASE 0:20-cv-00358-ECT-HB Doc. 75 Filed 06/09/21 Page 4 of 6
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`’415
`Patent,
`Claim 13
`
`’092
`Patent,
`Claims 13
`and 27;
`’665
`Patent,
`Claim 13
`
`’415
`Patent,
`Claims 13,
`19, 20, 21,
`22, 25;
`’092
`Patent,
`Claim 26
`
`’415
`Patent,
`Claim 25
`’415
`Patent,
`Claim 18
`
`’415
`Patent,
`Claim 19
`
`’415
`Patent,
`Claim 20
`
`“an electrical power
`source”
`
`
`“a power source”
`
`“nanobubble”
`
`“incapable of breaking
`the surface tension of
`the water”
`the water temperature
`is a factor for
`formation of the
`suspension”
`
`“the microbubbles and
`nanobubbles remain in
`the water at least in
`part for a period up to
`several hours”
`
`“wherein the period for
`which the
`microbubbles and
`nanobubbles at least in
`part remain in the
`water is determined by
`containing the water
`with microbubbles and
`nanobubbles in a two
`and one half gallon
`
`
`
`Electrical and mechanical
`equipment and their
`interconnections used to
`generate and/or convert
`power.
`
`
`Plain and ordinary
`meaning
`
`Nanobubble means a
`bubble with a diameter
`less than necessary to
`break the surface tension
`of water. Nanobubbles
`remain suspended in the
`water, giving the water
`an opalescent or milky
`appearance.
`Containing nanobubbles.
`
`
`The method uses water
`temperature to determine
`whether or not a
`suspension can be
`formed.
`Where the microbubbles
`and the nanobubbles
`remain in water for any
`period of time up to
`several hours.
`
`Claim requires an alleged
`infringer contain the
`water with microbubbles
`and nanobubbles in a two
`and one half gallon
`aquarium reservoir
`container.
`
`A bubble with a diameter
`less than that necessary to
`break the surface tension
`of water.
`
`
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning. The term does
`not require the
`temperature be measured
`or evaluated
`The microbubbles and
`nanobubbles remain in the
`water at least in part for at
`least several hours.
`
`
`Plain and ordinary
`meaning. This claim
`identifies physical
`properties of the
`microbubbles and
`nanobubbles and identifies
`a test methodology for
`determining whether the
`microbubbles and
`nanobubbles have that
`physical property.
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`4
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`CASE 0:20-cv-00358-ECT-HB Doc. 75 Filed 06/09/21 Page 5 of 6
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`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning, which is: a main
`line of flow through the
`tubular housing from the
`inlet to the outlet.
`
`
`A first anode and a
`second anode with planar
`surfaces that are not
`oriented in the same
`direction
`A straight line defining a
`path through which water
`flows through the tubular
`housing and extending
`from the inlet to the
`outlet.
`
`aquarium reservoir
`container”
`“a first anode electrode
`portion that is non
`parallel to a second
`anode electrode
`portion”
`“tubular flow axis from
`the inlet to the outlet”
`
`’665
`Patent,
`Claim 61
`
`’415
`Patent,
`Claim 13
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`5
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`CASE 0:20-cv-00358-ECT-HB Doc. 75 Filed 06/09/21 Page 6 of 6
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`Dated: June 9, 2021
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`Dated: June 9, 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
`
`Attorneys for Plaintiff Oxygenator Water
`Technologies, Inc.
`
`
`
`
`/s/Lora M. Friedemann
`Lora M. Friedemann (#0259615)
`Adam R. Steinert (#0389648)
`FREDRIKSON & BYRON, P.A.
`200 South Sixth Street, Suite 4000
`Minneapolis, MN 55402-1425
`Telephone: 612.492.7000
`lfriedemann@fredlaw.com
`
`R. Scott Johnson (Admitted Pro Hac Vice)
`Cara S. Donels (Admitted Pro Hac Vice)
`FREDRIKSON & BYRON, P.A.
`505 E. Grand Avenue, Suite 200
`Des Moines, IA 50309-1977
`Telephone: 515.242.8900
`rsjohnson@fredlaw.com
`cdonels@fredlaw.com.
`
`Attorneys for Defendant Tennant Company
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`6
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