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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TENNANT COMPANY,
`Petitioner,
`v.
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner.
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`Case IPR2021-00625
`Patent RE45415
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`Declaration of Todd S. Werner in Support of Patent Owner’s Unopposed
`Motion for Pro Hac Vice Admission
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`I, Todd S. Werner, hereby declare as follows:
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`1.
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`I am an attorney with the law firm of Carlson, Caspers,
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`Vandenburgh & Lindquist P.A. (“Carlson Caspers”). This declaration is
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`submitted on behalf of Patent Owner Oxygenator Water Technologies, Inc.
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`(“OWT”) in support of its Unopposed Motion for Pro Hac Vice Admission of
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`Litigation Counsel. This declaration is made on my own personal knowledge,
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`except as otherwise indicated.
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`2.
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`I am a member in good standing of the Bar of the State of
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`Minnesota (Minnesota Bar Number 033019X).
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`3.
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`I have never been suspended or disbarred from any court
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`or administrative body.
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`4.
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`No application for admission to practice before any court or
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`administrative body that I have filed or that has been filed on my behalf has
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`ever been denied.
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`5.
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`No sanctions or contempt citations have been imposed on me by
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`any court or administrative body.
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`6.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37
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`C.F.R.
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`7.
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`I agree to be subject to USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a).
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`8.
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`I have applied for, and been granted, pro hac vice admission
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`before the Patent Trial and Appeal Board in seven matters, none of which were
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`within the last three years.
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`9.
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`I have been involved in many litigations involving patent
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`infringement in multiple federal District Courts. I have practiced law for about
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`eighteen years and I have litigated patent cases during that entire time period. I
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`have extensive experience with patent issues related to anticipation under 35
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`U.S.C. § 102 and obviousness under 35 U.S.C. § 103, which are the legal
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`theories on which this Inter Partes Review was instituted. In the course of my
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`experience litigating patents, I have analyzed many pieces of prior art, prepared
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`many prior art statements and responses, worked with validity experts, and
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`drafted and filed briefing related to anticipation and obviousness arguments.
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`10.
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`I am familiar with the subject matter at issue in this proceeding.
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`My law firm, Carlson Caspers, represents Patent Owner in a patent infringement
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`lawsuit that is pending in the United States District Court for the District of
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`Minnesota (Civil Action. No. 0:20-cv-00358 (ECT/HB), filed January 27,
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`2020), in which I am an attorney of record for Patent Owner. This lawsuit
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`involves the patent at issue in this Inter Partes Reviews, U.S. Patent No.
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`RE45,415, and involves the same parties. Through my work on this case, I have
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`gained familiarity with the subjects at issue and the patents at issue in this IPR
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`and the related IPR proceedings.
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`11.
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`I have also reviewed in detail each of U.S. Patent No. RE45,415,
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`the Petitions and corresponding exhibits and expert declaration filed by
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`Petitioner Tennant in this and the related proceedings, the Patent Owner’s
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`Preliminary Response and associated exhibits, and the Board’s Decision
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`instituting review. Further, I have reviewed in detail the prior art references
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`cited by Tennant’s Petition and relied on by the Board in instituting this review.
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`12. My technical background and extensive patent litigation and IPR
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`experience provides me with additional understanding of the subject matter at
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`issue. I also have a Bachelor of Science undergraduate degree in Chemistry from
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`Michigan Technology University that will aid me in my representation of OWT
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`in this proceeding.
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`I state under penalty of perjury that the foregoing is true and correct.
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`Dated: September 22, 2021.
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`/ Todd S. Werner /
`Todd S. Werner
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