`CASE 0:20-cv-00358-ECT-HB Doc. 89 Filed 06/17/21 Page1of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`OXYGENATOR WATER
`TECHNOLOGIES,INC.
`
`Plaintiff,
`
`Vv.
`
`TENNANT COMPANY
`
`Defendant.
`
`
`
`Civil Action No. 0:20-cv-00358
`
`Jury Trial Demanded
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`RESPONSIVE EXPERT DECLARATION OF RALPH E. WHITE
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`I, Ralph E. White, declare as follows:
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`1.
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`I provide the following responsive declaration to respond to oneissue in
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`Tennant’s opening claim construction memorandum.
`
`2.
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`In that memorandum, Tennant argued that a POSA would not know
`
`whetherthe claim term “water .
`
`.
`
`. has a conductivity produced by the presence of
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`dissolved solids such that the water supports plant or animallife” encompassed fresh
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`water or sea water. In my opinion, a POSAreading the claim in light of the intrinsic
`
`record ofthe Patents would understand the phrase to encompass waterthat supports fresh
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`water plants and animallife.
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`3.
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`The Patents are focused onthe electrolysis of water to create microbubbles
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`and nanobubbles of oxygen. As explained in my opening declaration, water with too
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`many dissolved solids—such as sea water—doesnot support this electrolysis of waterto
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`create oxygen. (See, for example, opening Expert Declaration of Ralph E. White
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`Page 1
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`OWTEx. 2159
`Tennant Company v. OWT
`IPR2021-00625
`
`
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`CASE 0:20-cv-00358-ECT-HB Doc. 89 Filed 06/17/21 Page 2 of 3
`CASE 0:20-cv-00358-ECT-HB Doc. 89 Filed 06/17/21 Page 2 of 3
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`(“opening Expert Declaration”) at paragraphs 32, 38.) The specification reflects this
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`reality. First, none of the examples from the specification describe the use of the product
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`in seawater. Instead, the examples relate to conducting electrolysis on tap water or
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`freshwater sources. Moreover, the specification states that, in general, a medium that
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`supports the electrolysis of water contains less than 2000 ppm oftotal dissolvedsolids.
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`(/d. at paragraph 38.) Seawater includes many more dissolved solids than that
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`(approximately 35,000 ppm’). It would not makesenseto interpret the claim language
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`“has a conductivity produced by the presence of dissolved solids such that the water
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`supports plant or animal life” as encompassing seawater given that the dissolved solids in
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`seawateris more than an order of magnitude higher than the guidance provided by the
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`specification.
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`4.
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`The prosecution history also supports this understanding. AsI stated in my
`
`opening Expert Declaration, when the applicant added the phrase “has a conductivity
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`produced bythe presenceof dissolved solids such that the water supports plant or animal
`
`life”, he included a statement about whatthis phrase means. (See opening Expert
`
`Declaration at Paragraphs 27, 42.) This statement in the prosecution history did not state
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`that the above phrase encompasses sea water. Instead it states : “ water delivered by a
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`municipal water treatment plant in addition to well water, lake water andirrigation
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`water”.
`
`| https://www.usgs.gov/special-topic/water-science-school/science/saline-water-and-
`salinity?qt-science_center_objects=O#qt-science_center_objects
`
`Page 2
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`2
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`OWTEx. 2159
`Tennant Company v. OWT
`IPR2021-00625
`
`
`
`CASE 0:20-cv-00358-ECT-HB Doc. 89 Filed 06/17/21 Page 3 of 3
`CASE 0:20-cv-00358-ECT-HB Doc. 89 Filed 06/17/21 Page 3 of 3
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`I declare under penalty ofperjury that the foregoing is true and correct.
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`Executed on: C L{1[z/
`
`Leb =. Lr)eB
`
`Ralph E. White
`
`Page 3
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`3
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`OWTEx. 2159
`Tennant Company v. OWT
`IPR2021-00625
`
`
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