Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 1
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`1 UNITED STATES PATENT AND TRADEMARK OFFICE
`2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`3 -------------------------------------------------------
`4 H&S MANUFACTURING COMPANY, INC.,
`5 Petitioner,
`6 -vs- Case No. IPR2016-00950
` U.S. Patent No. 8,166,739
`
`7
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`8
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`9
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`OXBO INTERNATIONAL CORPORATION,
`
` Patent Owner.
`
`-------------------------------------------------------
`
`10
`11
`12 Deposition of JONATHAN CHAPLIN, Ph.D.
`13 Monday, April 10, 2017
`14 9:02 a.m.
`15 at
`16 MERCHANT & GOULD
` 10 East Doty Street, Suite 600
`17 Madison, Wisconsin
`18
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`20
`21
`22 Reported by Lindsay DeWaide, RMR, CRR
`23
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`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 2
`
`Page 4
`
` Deposition of JONATHAN CHAPLIN, PH.D., a
`witness in the above-entitled action, taken at the
`instance of the Petitioner, before Lindsay DeWaide,
`Registered Merit Reporter, Certified Realtime Reporter,
`and Notary Public in and for the State of Wisconsin, at
`MERCHANT & GOULD, 10 East Doty Street, Suite 600,
`Madison, Wisconsin, on the 10th day of April, 2017,
`commencing at 9:02 a.m. and concluding at 2:31 p.m.
`
`A P P E A R A N C E S:
` PATTERSON THUENTE PEDERSEN, P.A., by
` Mr. Eric H. Chadwick
` 4800 IDS Center
` 80 South 8th Street
` Minneapolis, Minnesota 55402
` Appeared on behalf of the Petitioner.
`
` MERCHANT & GOULD, by
` Mr. Shane A. Brunner
` 10 East Doty Street, Suite 600
` Madison, Wisconsin 53703
` Appeared on behalf of the Patent Owner.
`
`Page 3
`
` E X A M I N A T I O N
` PAGE
`BY MR. CHADWICK 4
`BY MR. BRUNNER 169
`
` E X H I B I T S
`NUMBER PAGE IDENTIFIED
`Exh. 1022 Engineering Principles of 153
` Agricultural Machines, Chapter
` 8: Hay and Forage Harvesting
`Exh. 1023 Barley versus Oat: Which Makes 163
` the Superior Forage Crop
`
` (Exhibits attached to original and copies of
` transcript. Exhibit 1022 was premarked.)
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` TRANSCRIPT OF PROCEEDINGS
` JONATHAN CHAPLIN, Ph.D., called as a
` witness herein, having been first duly sworn on
` oath, was examined and testified as follows:
` E X A M I N A T I O N
`BY MR. CHADWICK:
`Q Good morning, Dr. Chaplin.
`A Good morning.
`Q I met you a minute ago, and I'll just tell you
` again on the record, my name is Eric Chadwick.
` I represent the Petitioner, H&S Manufacturing.
` I'm going to ask you some questions
` here today. Hopefully we won't take all day.
` But before I get to that, I want to just ask
` you, have you had your deposition taken before?
`A Yes, I have.
`Q How many times?
`A I don't know -- honestly don't know the total
` number.
`Q Do you have a rough estimate?
`A I wouldn't like to estimate that. I don't have
` that in my mind, and it may be in my CV.
`Q Okay. So let me just ask you this: Have you
` been deposed more than a time or two?
`A Yes.
`
`Page 5
`
`Q And when was the last time you had your
` deposition taken?
`A A week ago today.
`Q And what was that deposition -- what was the
` subject matter of that deposition?
`A The subject matter was a defective design in an
` agricultural machine.
`Q Okay. So let me ask you this: In terms of
` having had your deposition taken a week ago, are
` you comfortable with regard to the rules of
` depositions and what the two of us need to do to
` make the deposition go more smoothly, or do you
` want me to run through those things?
`A Why don't you run through them to remind me.
`Q Okay. So -- and there may be others, and other
` lawyers may have told you other things, but I'll
` just tell you the ones that matter to me.
` First and foremost, we have the court
` reporter here transcribing what we say, and we
` need to be courteous of what she's trying to do
` and courteous of one another and take turns. So
` what I'd ask you to do is let me get my question
` completely out, and then if you would respond;
` and I will try not to interrupt you as well.
` Do you understand that?
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`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 6
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`Page 8
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`A Yes, I do.
`Q Second thing, also with regard to the court
` reporter, is I need you to respond verbally and
` not with hand gestures or kind of speech tics
` like "uh-huh" because those are very difficult
` to transcribe, and they make for an unclear
` record.
` Can you do that?
`A Yes, I can.
`Q If you need a break today, just let me know.
` We'll take one. The only thing I would ask is
` if we're in the middle of a question, I'd like
` you to respond before we take the break. And
` it's my plan right now to take breaks about
` every hour or so; but if you need one before
` then, let me know. Okay?
`A Yes. That's fine.
`Q And I'm going to assume that you understand my
` questions. If you don't understand what I'm
` asking you, please ask me to rephrase or
` clarify, and I'd be happy to do that.
` Can you do that?
`A Yes, I can.
`Q First, let me ask you, what did you do to
` prepare for your deposition today?
`
`Page 7
`A I met with counsel over the weekend to prepare
` for today's deposition.
`Q How long did you meet with counsel?
`A I don't know exactly.
`Q Roughly?
`A I wouldn't like to guess.
`Q Were you here on Saturday?
`A Yes.
`Q And when did you start your preparation with
` counsel?
`A 9:00 in the morning.
`Q And how long did it go?
`A Until 6:00, maybe.
`Q Did you take breaks during that nine-hour
` period?
`A Yes, we did.
`Q Roughly, how long were the breaks? Do you know?
`A Lunch, half an hour. Bathroom breaks, I don't
` know.
`Q And on Sunday did you meet with counsel as well?
`A Yes, I did.
`Q And when did you begin on Sunday?
`A 9:30.
`Q When did your meeting with counsel conclude on
` Sunday?
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`A 4:00.
`Q And roughly the same types of breaks on Sunday
` as you'd had on Saturday?
`A Yes.
`Q And you said you'd met with counsel. Who was it
` that you met with?
`A I don't recall all of the people that were here.
`Q Who do you recall?
`A Shane.
`Q Do you recall there being other lawyers there as
` well?
`A Other people came in. I can't remember their
` names.
`Q Do you know if they were attorneys or not?
`A I don't know.
`Q Did you review documents during your meetings on
` Saturday and Sunday with Mr. Brunner?
`A Yes.
`Q Do you recall what documents you looked at?
`A I looked at my report in this case.
`Q Anything else?
`A Some of the reference materials in that report.
`Q Anything else?
`A Not that I recall.
`Q Do you recall which reference materials you
`Page 9
`
` looked at?
`A Some of the patents. I don't recall exactly
` which ones, but some of the patents.
`Q Do you recall any of them that you looked at?
`A I recall Declementi, U.S. Honey, and Lohrentz.
`Q And do you recall any of the specific
` conversations that you had with Mr. Brunner
` about Declementi?
` MR. BRUNNER: And I'm going to object
` and instruct the witness not to answer to the
` extent that it was a conversation with me as a
` work product privilege.
`BY MR. CHADWICK:
`Q Are you going to follow his instruction?
`A Yes.
` MR. CHADWICK: Do you think that's a
` proper objection, work product, with an expert?
` MR. BRUNNER: I do.
` MR. CHADWICK: Okay. All right.
` MR. BRUNNER: Rule 26.
` MR. CHADWICK: Yeah. I don't think
` it's a proper objection, but that's all right.
` I don't think it's privileged.
` MR. BRUNNER: The matters that are not
` privileged under Rule 26 are assumptions that he
`
`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 10
`
`Page 12
`
` is given. Those aren't privileged, but
` communications are privileged.
`BY MR. CHADWICK:
`Q Did Mr. Brunner give you any assumptions with
` regard to the testimony that you're to provide
` today?
`A Could you repeat that question.
`Q Sure. Did Mr. Brunner provide you any
` assumptions to use with the testimony that you
` would give today?
` MR. BRUNNER: Object to form.
` THE WITNESS: Not that I recall.
`BY MR. CHADWICK:
`Q I want to ask you some basic questions before we
` get started looking at some of the exhibits with
` regard to some terms and some processes. Okay?
`A Yes.
`Q So, first -- and if you have a definition,
` that's fine. If you don't, that's fine too.
` And I'm not asking in the context of the patents
` at this time. Just as a general matter.
` Do you understand that?
`A Yes.
`Q So if you've got a different viewpoint as it
` relates to the patent, feel free to elaborate.
`Page 11
`
` I'm just trying to set metes and bounds of the
` testimony today. All right?
` So the first question I have is you're
` familiar with the term "windrow"?
`A Yes.
`Q What's your definition of windrow?
` MR. BRUNNER: Object to form.
` THE WITNESS: I believe that's defined
` in my Report 1, and I'd like to refer to
` Report 1 to get an accurate definition.
`BY MR. CHADWICK:
`Q When you say "Report 1," are you referring to
` the expert declaration of Jonathan Chaplin in
` the inter partes review?
`A I'm referring to a report that was submitted
` last April.
`Q Okay. Your expert report in the litigation? Is
` that what you're talking about?
`A I believe that's it.
`Q Okay. And I don't have that with me, so let's
` just see if we can mow through this.
` Outside of what you defined the term
` "windrow" in your April 15, 2016, report, do you
` have any other definition of "windrow"?
` MR. BRUNNER: Object to form.
`
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` THE WITNESS: No, I don't.
`BY MR. CHADWICK:
`Q The next term I've got a question about is the
` term "swath."
` Do you have a definition for swath?
`A I believe that would be in my first report, and
` I'd refer to that.
`Q The first report being the same one you just
` referenced?
`A That's correct.
`Q How about "hay"? Do you have a definition for
` hay?
`A Hay is grassy material that's harvested for
` cattle and animal fodder. It is also probably
` defined in my first report.
`Q Are you familiar with the term "silage"?
`A Yes, I am.
`Q What's your understanding of the word "silage"?
`A Silage is fermented forage products that's used
` to feed cattle and other animals. There's
` probably another definition in my report.
`Q Is hay a form of silage?
`A No.
`Q Why is that?
`A Hay has not been fermented. It's been dried.
`Page 13
`Q I just want to give you a hypothetical here.
` First of all, alfalfa -- you're
` familiar with alfalfa being used as a forage
` crop, I take it?
`A Yes, I am.
`Q And when alfalfa is cut by a mower, is it
` accurate that it can be put down in either a
` windrow or a swath?
`A I think that's inaccurate, not accurate.
`Q Why not?
`A I think those terms are potentially used
` synonymously.
`Q Do you think they're synonyms?
` MR. BRUNNER: Object to --
` THE WITNESS: I some --
` MR. BRUNNER: Object to form.
` THE WITNESS: I sometimes use them as
` synonyms, but that's me.
`BY MR. CHADWICK:
`Q Do you always use them as synonyms?
`A I don't know.
`Q Do you think a windrow is different than a
` swath?
`A I'd have to look at my definition in Report 1.
`Q Irrespective of how the alfalfa is laid down in
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`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 14
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`Page 16
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` the hypothetical I just gave you, can it be
` harvested as hay?
`A I believe you can make hay out of alfalfa.
`Q And can it be harvested as silage?
`A Yes, it can be harvested as silage.
`Q And is that true of most crops that are
` harvested as a forage crop, that it can either
` be harvested as hay or silage?
`A I don't know.
`Q Do you know of any other crops besides alfalfa
` that can be harvested as both a hay and a
` silage?
`A Various grasses can be used as hay or silage.
`Q Like what?
`A Timothy is one name of a grass I know. I don't
` know all the names of grasses.
`Q Do you know any others?
`A Ryegrass.
`Q Any others?
`A Not that I recall.
`Q What about oats?
` MR. BRUNNER: Object to form.
` THE WITNESS: Oats I would consider as
` a cereal crop.
`
`Page 15
`
`BY MR. CHADWICK:
`Q Is it your opinion oats cannot be harvested as
` hay?
`A I don't know.
`Q Is it your opinion that hay -- or I'm sorry. Is
` it your opinion that oats cannot be harvested as
` silage?
`A I don't know.
`Q Do you believe barley can be harvested as a hay?
`A I don't know.
`Q Do you know whether barley can be harvested as
` silage?
`A I don't know.
`Q Okay. Are you familiar with the term "forage"?
`A Yes, I am.
`Q What's your working understanding of the word
` "forage"?
`A Forage is a general term that's given to food
` that can be kept for animal feed during the
` winter.
`Q Does forage include hay?
`A Yes.
`Q Does forage include silage?
`A Yes.
`Q And have you ever heard the term "draper" or
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` "draper belt"?
`A Yes, I've heard of that.
`Q Do you know what that -- well, let me ask you
` this: What's your working understanding, if you
` have one, of the term "draper" or "draper belt"?
`A I haven't heard that term since I lived in the
` United Kingdom. It's part of a harvesting
` system.
`Q What is it, from what you heard in the
` United Kingdom?
`A It's part of what we might call a pickup
` attachment for a combine harvester.
`Q Is it similar to a conveyor belt?
`A No.
`Q How is it different?
`A It has times on it.
`Q Any other way that it's different from a
` conveyor belt?
` MR. BRUNNER: Object to form.
` THE WITNESS: I don't know.
`BY MR. CHADWICK:
`Q When did you first hear the term "draper"?
` Well, let me ask you this: Is it draper or
` draper belt that you heard when you were in the
` United Kingdom?
`
`Page 17
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`A Draper.
`Q And when was that?
`A Many years ago.
`Q Like, how long? 40 years ago?
`A 50 years ago.
`Q In your report, or your declaration in the inter
` partes review, you talked about grain
` harvesting.
` Do you remember that?
`A I'm sorry. I missed about the third word of
` your question.
`Q Sure. In your declaration in the inter partes
` review, you put forth some opinions or text
` about grain harvesting.
` Do you recall that?
`A I still didn't get part of your question. Some
` opinions and --
`Q Well, I'll rephrase it.
` In your declaration for this inter
` partes review, you had some text in your report
` related to grain harvesting.
` Do you recall that?
`A I don't understand the question.
`Q Do you know what grain harvesting is?
`A Yes, I do.
`
`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 18
`
`Page 20
`
`Q Do you know what text is?
`A Writing?
`Q Sure.
`A My writing or --
`Q Yes.
`A It could have referred to a text reference. I
` was confused on that.
`Q That's fine. That's why I asked.
`A I recall some in the report, but I don't know
` exactly what I said.
`Q Right. I just mean generally. Do you recall
` having opinions about grain or cereal
` harvesting?
`A I put several paragraphs in there about that
` subject.
`Q Are you familiar with the general process of
` grain harvesting, as described in your report?
`A Yes.
`Q Can you tell me what those steps of grain
` harvesting are.
`A I'd like to refer to my report so I can
` accurately let you know what those are.
`Q Okay. We can do that momentarily, but I'm just
` wondering, high level -- I mean, you've been
` doing this for 40 years; right?
`
`Page 19
`
`A Longer, actually.
`Q Okay. So with the agreement that there might be
` more detail in the report, I'm just looking
` for -- do you agree with me --
` Let me put it this way. Do you agree
` that grain harvesting, the first step in the
` process would be cutting?
`A No.
`Q What's the first step in the process?
`A Gathering.
`Q And what do you mean by "gathering"?
`A Gathering the standing crop.
`Q How is that done?
`A It's done with a reel.
`Q What's the second step?
`A Cutting.
`Q What's the next step?
`A Threshing.
`Q What's after threshing?
`A Cleaning.
`Q And do you consider grain in the process that
` you just described -- well, let me ask you this:
` What kind of grain would be involved in the kind
` of process that you just described, as an
` example?
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`A Barley.
`Q Maybe oats too?
`A Potentially oats.
`Q And if you harvested barley or oats in the way
` that you just described, would that be
` considered forage?
` MR. BRUNNER: Object to form.
` THE WITNESS: No.
`BY MR. CHADWICK:
`Q Why not?
`A We're harvesting the seed, the berries, of the
` crop with a combine harvester.
`Q And you're familiar with the steps that are
` required for forage harvesting in general?
`A In general, yes.
`Q And, in general, what are the steps required for
` forage harvesting?
`A In general, you cut the crop, you let it dry to
` a certain moisture content, and then you process
` that crop so that you can gather it up and form
` bales, if you're going to bale it; or you gather
` it up and chop it, if you're going to use it for
` silage.
`Q All right. Let's talk about baling first. All
` right?
`
`Page 21
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`A Okay.
`Q So in the process -- let me ask you this:
` Whether you bale or chop, is the cutting process
` going to be the same?
` MR. BRUNNER: Object to form.
` THE WITNESS: The cutting process may
` include conditioning too. And that may be
` different between the two, but I'm not sure.
`BY MR. CHADWICK:
`Q You could use conditioning on both, couldn't
` you?
`A I'm not sure.
`Q Explain to me what conditioning is.
`A Conditioning is where the crop is crushed
` between two roller -- powered rollers on the
` mower to encourage drying.
`Q Have you ever known a conditioner to be used in
` a mowing process where the product was going to
` be used as -- to be baled?
`A Yes.
`Q And have you ever known a conditioner to be used
` on a mower where the product was going to be
` chopped?
`A I don't know.
`Q All right. And the second process you said
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`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 22
`
`Page 24
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` was -- or second step in the process is drying?
`A Yes.
`Q And is it accurate that whether you want to bale
` or chop -- excuse me, bale or chop the crop,
` that determines how long you let the crop dry?
` MR. BRUNNER: Object to form.
` THE WITNESS: The weather determines
` how long it is dried for.
`BY MR. CHADWICK:
`Q Does whether you want to bale or chop the crop
` have nothing to do with how long you want -- you
` let it dry?
` MR. BRUNNER: Object to form.
` THE WITNESS: The hay is going to be a
` drier crop than the silage, so you have to let
` it dry longer for the same weather conditions.
`BY MR. CHADWICK:
`Q And you then said the next step was processing
` the crop so it could be gathered. Is that
` accurate?
`A That's what I recall saying. Yes.
`Q How is that done?
`A The hay is -- it is possible not to gather the
` hay other than just using a baler, so you go
` with your baler and gather it that way, take
`Page 23
`
` what's there.
`Q Okay. What if you were going to gather it in a
` different way? How would you do it?
`A You may move the hay from one position in the
` field to another so you have more hay to gather
` in a windrow.
`Q And if you were to move the hay from one
` position in the field to another so that you
` would have more hay to gather in a windrow, how
` would you do that?
` MR. BRUNNER: Object to form.
` THE WITNESS: There are several
` machines you could use. One of them is a
` windrow merger.
`BY MR. CHADWICK:
`Q What are other machines you could use?
`A You could use a V-rake.
`Q A B-rake? Is that what you said?
`A V.
`Q V-rake. Okay. And what's a V-rake?
`A It's a machine that rakes the hay.
`Q What kind of rake is it?
`A A ground-engaging rake.
`Q Like a wheel rake?
`A I believe that's sometimes referred to as a
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` wheel rake.
`Q Could you use a rotary rake as well?
`A I'm not familiar with those.
`Q Okay. How about a parallel bar rake? Are you
` familiar with those?
`A I have seen them.
`Q Could you try to use those?
`A It is possible. Yes.
`Q And you mentioned windrow mergers is another way
` that you could move the crop into a windrow;
` correct?
`A Correct.
`Q Are you familiar with single-head windrows --
` or, I'm sorry, single-head windrow mergers?
`A I've seen them.
`Q You could use a single-head windrow merger,
` couldn't you?
` MR. BRUNNER: Object to form.
` THE WITNESS: It depends on the width
` of the windrows and how far you want to move the
` material, how many you want to collect at once.
`BY MR. CHADWICK:
`Q Right. But all those things being equal, you
` could do it with a single-headed windrow merger,
` couldn't you?
`
`Page 25
`
`A I don't know.
`Q Okay. Are you familiar with windrow mergers
` with two heads on them?
`A Yes.
`Q Could you use those to move crop into a larger
` windrow?
`A No.
`Q Why not?
`A I believe I addressed that in my first report.
`Q Well, why don't you tell me, as you sit here,
` why it is you think that you couldn't use a
` windrow merger with two heads to move crop into
` a bigger windrow.
`A Depends on the spacing between the machines.
`Q And I'm not concerned with picking up all the
` crop, if that's what your issue is. I'm just
` saying, if you're coming through with a
` twin-head merger, you could pick up crop.
` You agree with that?
`A Yes.
`Q And then you could move it into a larger
` windrow, say, to the right, for example?
`A No.
`Q Why is that? Why do you think you couldn't do
` that?
`
`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 26
`A Because the machines aren't going to pass the
` material from one to another.
`Q Why not?
`A The twin windrow mergers I have seen have a
` space between them.
`Q A space between the conveyors?
`A Between the actual sections of the machines.
`Q Never seen a twin-head windrow merger that has a
` gap between the pickup heads, but no gap between
` the conveyors associated with the respective
` heads?
`A Not that I recall. I have to refer to my first
` report because I've got more of those in there.
`Q Have you ever seen a twin-head merger pick up
` hay and then dump it into the middle?
`A I haven't seen them. No.
`Q And then you mentioned the third -- or, I guess,
` the next step was either bale or chop the crop
` after it's been put into a windrow.
` Do you remember that testimony?
`A Yes.
`Q All right. So what's a baler?
`A A baler is a machine that picks up forage and
` forms a compressed volume of that material,
` which is then either tied together or wrapped in
`Page 27
`
` some way.
`Q And what about a -- did you call it a chopper?
` Was that the other thing? Or you said chopping
` it would be something?
`A Chopper. Chopper. Yeah.
`Q Okay. Is a chopper also called a forage
` harvester sometimes?
`A Yes, it is.
`Q All right. And what does a chopper do?
`A A chopper picks up the hay or forage, and then
` it chops it into small pieces and then blows it
` into a wagon.
`Q And how big are the pieces that it cuts the crop
` into? Do you know?
`A That's a variable the operator can set.
`Q And do you know, is there a range that is
` typically used when a chopper is used?
`A Depends on the material you're chopping and the
` quality of forage, I believe.
`Q Okay. So let's just say alfalfa was the crop.
` Any range on how big the crop would be?
`A I don't know.
`Q Do you know for any particular crop what the
` size of the cut crop would be after it was
` processed through a chopper?
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`Page 28
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`A I don't know.
`Q Hand you what's been previously marked as
` Exhibit 2008. It's entitled "Expert Declaration
` of Jonathan Chaplin, PhD." This is a document
` you created for this IPR proceeding.
` Are you familiar with this document,
` Dr. Chaplin?
`A Yes, I recognize this document.
`Q If you would turn to page 3 please.
` Paragraph 2 says -- it lists some degrees that
` you've obtained through the years, and it says
` your first degree was a BSc from Silsoe --
` that's S-I-L-S-O-E -- College in the
` United Kingdom in 1976.
` Do you see that?
`A Yes.
`Q So prior to 1976, what were you doing?
` MR. BRUNNER: Object to form.
`BY MR. CHADWICK:
`Q In terms of education.
`A I was at school.
`Q Was this a four-year degree that you obtained in
` 1976?
` MR. BRUNNER: Object to form.
` THE WITNESS: I believe it was a
`
`Page 29
`
` three-year degree.
`BY MR. CHADWICK:
`Q Okay. So you started school roughly 1973 or so?
`A Roughly, yes.
`Q And prior to the time that you went to Silsoe
` College, were you employed?
`A I worked on my father's farm, but it wasn't an
` employment -- it wasn't an official employment.
` I worked on it because it was expected.
`Q As part of the family farm?
`A Yes.
`Q Okay. And so when you went off to college at
` Silsoe College, how old were you? Were you
` about 18?
`A 17 or 18.
`Q Okay. I was just trying to get a feel for
` whether you worked before you went to school or
` not. But you grew up on the farm, and then you
` went away to college. Is that --
`A Yes. That's correct.
`Q Okay. Now, in paragraph 3, you say that you've
` been employed at the University of Minnesota
` since 1983 as an assistant professor of
` agricultural engineering.
` Was that a full-time position back in
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`Benchmark Reporting Agency
`612.338.3376
`
`

`

`Deposition of Jonathan Chaplin, Ph.D. - 4/10/2017
`H & S Manufacturing Company, Inc. v. Oxbo International Corporation
`
`Page 30
`
` 1983?
`A Yes.
`Q And then you go on to say that you then became
` an associate professor and professor of
` bioproducts and biosystems engineering.
` Was that after you were an assistant
` professor?
`A Yes.
`Q Do you recall when it was that you became an
` associate professor?
`A I'd have to look in my CV at the back.
`Q You can go ahead.
`A I can't recall these dates. It might say here.
` From page 39, I became -- was promoted to
` associate professor in 1989.
`Q Okay. Is that your position today, associate
` professor?
`A No. I'm a full professor.
`Q Okay. What's the difference between an
` assistant professor and an associate professor
` at the University of Minnesota?
`A I don't understand your question.
`Q Well, you said in 1983, you were an assistant
` professor. Then, in 1989, you were an associate
` professor. Now you're, I suppose, a fully
`Page 31
`
` tenured professor. Is that accurate?
`A Yes.
`Q I'm trying to understand generally what the
` difference is between those.
`A I became tenured. I was on tenure track in the
` first two positions, and I became tenured when I
` was promoted to full professor.
`Q And is there any difference other than the title
` between an assistant professor and an associate
` professor?
`A I can't answer that question.
`Q In that same paragraph, paragraph 3, you say
` that, since 1988, you have also been engaged
` with Chaplin and Associates, LLC, as an
` engineering consultant.
` Do you see that?
`A Correct.
`Q What is Chaplin and Associates, LLC?
`A It's a company I formed and identified with the
` State as an entity, a business entity.
`Q How many employees are at Chaplin and
` Associates, LLC?
`A One.
`Q You?
`A Yes.
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`Page 32
`Q Okay. And did it used to be called Chaplin --
` well, let me ask you this: Has it always been
` Chaplin and Associates, LLC, or did it have
` different names through the years?
`A I think I once referred to it as limited, but
` that is -- I changed it to LLC when it became
` registered.
`Q Okay. And it's always just been you that's been
` involved with Chaplin and Associates, regardless
` of what the name was?
`A I've employed some people to help me in some
` cases, but I don't recall a