Nestlé Purina PetCare Company et al. vs Oil-Dri Corporation of America

SETTLEMENT - Termination of the Proceeding 35 U.S.C. ¿¿ 317(a) and 37 C.F.R. ¿¿ 42.72

Joint Motion to Terminate Proceeding

Joint Request to Treat Settlement as Confidential

CONFIDENTIAL Confidential Settlement Agreement

Petitioner's Exhibit List

PO's Updated Notice of Related Matters

Petitioner's Updated Mandatory Notices

Updated Notice of Related Matters

Petitioner's Reply in Support of its Brief on Remand (Redacted)

Petitioner's Reply in Support of its Brief on Remand (Confidential)

ODC006900-6923 (Confidential)

[1087] Exhibit 2028, Highlighted '019 Patent Sieve Samples

Petitioner's Exhibit List

PO¿¿¿s Motion To Seal Documents

[REDACTED] PO's Response To Petitioner¿¿¿s Brief On Remand

PO's Current Exhibit List (As of September 13, 2018)

Hale Declaration (9/04/18) and Fed. Cir. Transcript

[CONFIDENTIAL] PO's Response To Petitioner¿¿¿s Brief On Remand

Excerpt of Phillip Greene Deposition (1/22/16)

'019 Inventor-Counsel Correspondence (ODC 6908)

Claim Construction Opinion Excerpt (9/5/18)

Nestle¿¿¿s Litter Composition (Purina 21692)

Excerpt of Marvin Raymond Deposition (3/01/18) (Confidential)

Western Aggregates Document (ODC 7152-56) (Confidential)

Excerpt of Phillip Greene Deposition (03/21/18) (Confidential)

Excerpt of Nancy Nolan Deposition (03/27/18)

Excerpt of Marvin Raymond Deposition (3/01/18) (Public)

Excerpt of Joseph Miller Deposition (3/28/18)

Claim Construction Transcript Excerpt (8/24/18)

Nestle¿¿¿s Safety Data Sheets (Purina 1573-79)

Excerpt of Nestle's Final Contentions (1/12/18) (Confidential)

Excerpt of Robert Soral Deposition (02/16/18)

Western Aggregates Document (ODC 7131-7135) (Confidential)

Western Aggregates Document (ODC 7120) (Confidential)

Excerpt of G. Robert Goss Deposition (07/25/18)

Excerpt of Nestle¿¿¿s Final Contentions (1/12/18) (Public)

Western Aggregates Document (ODC 7120) (Public)

Excerpt of Phillip Greene Deposition (03/21/18) (Public)

Western Aggregates Document (ODC 7131-7135) (Public)

Western Aggregates Document (ODC 7152-56) (Public)

Order Conduct of the Proceeding

Patent Owner's Objections To Petitioner's Evidence

EXPUNGED

Petitioner's Brief on Remand

Petitioner's Brief on Remand

Purina Motion to Remand (Confidential-For Parties and Board Only)

Exhibit 3 to Purina Motion to Remand - Decision Instituting Inter Partes Review

Exhibit 5 to Purina Motion to Remand - Declaration of Marc Herpfer

Exhibit 6 to Purina Motion to Remand - Final Written Decision

Exhibit C to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Purina IPR Petition

Exhibit D to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Declaration of John Hughes

Exhibit H to Oil-Dri Response to Purina Motion to Remand ¿¿¿ IPR Estoppel Order

Purina Motion to Remand (Redacted)

Declaration of K. Lee Marshall to Purina Motion to Remand

Exhibit 1 to Purina Motion to Remand ¿¿¿ U.S. Patent No. 5,458,091 to Pattengill

Exhibit 2 to Purina Motion to Remand - Patent Owner's Preliminary Response

Exhibit 4 to Purina Motion to Remand - Patent Owner's Response

Exhibit 7 to Purina Motion to Remand - ODC002573-2614 (Confidential-For Parties and Board Only)

Exhibit 8 to Purina Motion to Remand - ODC003756-3759 (Confidential-For Parties and Board Only)

Oil-Dri Response to Purina Motion to Remand

Exhibit List to Oil-Dri Response to Purina Motion to Remand

Exhibit A to Oil-Dri Response to Purina Motion to Remand - U.S. Patent No. 5,975,019

Exhibit B to Oil-Dri Response to Purina Motion to Remand - U.S. Patent No. 5,386,803

Exhibit E to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Order on Rehearing

Exhibit F to Oil-Dri Response to Purina Motion to Remand ¿¿¿ ND Ill. Docket Sheet

Exhibit G to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Purina First Requests for the Production of Documents, Electronically Stored Information, and Things

Exhibit I to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Purina Letter

Exhibit K to Oil-Dri Response to Purina Motion to Remand ¿¿¿ E-mail Correspondence

Exhibit L to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Herpfer Declaration

Exhibit N to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Scheduling Order

Purina Reply in Support of Purina Motion to Remand (Confidential-For Parties and Board Only)

Attachment C to Oil-Dri Citation of Supplemental Authority - Excerpts of Apr. 3, 2018 Tr. of Dep. of James R. Van Vliet (Redacted)

Attachment E to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 8, 2018 Tr. of Dep. of Daniel S. Jaffee (Redacted)

Attachment J to Oil-Dri Citation of Supplemental Authority - Excerpts of Dec. 7, 2017 Tr. of Dep. of G. Robert Goss (Redacted)

Attachment B to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 28, 2018 Tr. of Dep. of Joseph C. Miller (Confidential-For Parties and Board Only)

Attachment E to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 8, 2018 Tr. of Dep. of Daniel S. Jaffee (Confidential-For Parties and Board Only)

Attachment G to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 16, 2018 Tr. of Dep. of Robert Soral (Confidential-For Parties and Board Only)

Exhibit J to Oil-Dri Response to Purina Motion to Remand ¿¿¿ Oil-Dri Letter

Exhibit M to Oil-Dri Response to Purina Motion to Remand ¿¿¿ DuBay Declaration and Attachments (Confidential-For Parties and Board Only)

Exhibit M to Oil-Dri Response to Purina Motion to Remand ¿¿¿ DuBay Declaration and Attachments (Redacted)

Purina Reply in Support of Purina Motion to Remand (Redacted) & Declaration of K. Lee Marshall to Purina Reply in Support of Purina Motion to Remand

Exhibit 9 to Purina Motion to Remand ¿¿¿ Greene Declaration with Exhibits A-B

Oil-Dri Citation of Supplemental Authority

Attachment A to Oil-Dri Citation of Supplemental Authority - Excepts of Mar. 1, 2018 Tr. of Dep. of Marvin L. Raymond (Redacted)

Attachment B to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 28, 2018 Tr. of Dep. of Joseph C. Miller (Redacted)

Attachment D to Oil-Dri Citation of Supplemental Authority - Excerpts of Apr. 16, 2018 Tr. of Dep. of Jerry Glynn (Redacted)

Attachment F to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 14, 2018 Tr. of Dep. of Richard Hardin (Redacted)

Attachment G to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 16, 2018 Tr. of Dep. of Robert Soral (Redacted)

Attachment H to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 27, 2018 Tr. of Dep. of Nancy Nolan (Redacted)

Attachment I to Oil-Dri Citation of Supplemental Authority - Excerpts of Apr. 14, 2018 Tr. of Dep. of Nathan Huck (Redacted)

Attachment K to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 15, 2018 Tr. of Dep. of Marc Herpfer (Redacted)

Attachment L to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 23, 2018 Tr. of Dep. of William Moll (Redacted)

Attachment A to Oil-Dri Citation of Supplemental Authority - Excepts of Mar. 1, 2018 Tr. of Dep. of Marvin L. Raymond (Confidential-For Parties and Board Only)

Attachment C to Oil-Dri Citation of Supplemental Authority - Excerpts of Apr. 3, 2018 Tr. of Dep. of James R. Van Vliet (Confidential-For Parties and Board Only)

Attachment D to Oil-Dri Citation of Supplemental Authority - Excerpts of Apr. 16, 2018 Tr. of Dep. of Jerry Glynn (Confidential-For Parties and Board Only)

Attachment F to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 14, 2018 Tr. of Dep. of Richard Hardin (Confidential-For Parties and Board Only)

Attachment H to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 27, 2018 Tr. of Dep. of Nancy Nolan (Confidential-For Parties and Board Only)

Attachment I to Oil-Dri Citation of Supplemental Authority - Excerpts of Apr. 14, 2018 Tr. of Dep. of Nathan Huck (Confidential-For Parties and Board Only)

Attachment K to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 15, 2018 Tr. of Dep. of Marc Herpfer (Confidential-For Parties and Board Only)

Attachment L to Oil-Dri Citation of Supplemental Authority - Excerpts of Mar. 23, 2018 Tr. of Dep. of William Moll (Confidential-For Parties and Board Only)

Attachment J to Oil-Dri Citation of Supplemental Authority - Excerpts of Dec. 7, 2017 Tr. of Dep. of G. Robert Goss (Confidential-For Parties and Board Only)

Purina Response to Oil-Dri Citation of Supplemental Authority (Redacted)

Attachment A to Purina Response to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 15, 2018 Tr. of Dep. of Marc Herpfer (Redacted)

Purina Response to Oil-Dri Citation of Supplemental Authority (Confidential-For Parties and Board Only)

Excerpts of March 8, 2018 Transcript of Deposition of Daniel S. Jaffee as Federal Rule of Civil Procedure 30(b)(6) Designee of Patent Owner Oil-Dri Corporation of America, Inc. (Confidential-For Parties and Board Only)

Promesh Plot Verifying the Identical 1600¿¿ & 800¿¿ Reported in the ¿¿¿019 Patent

October 17, 1995 License and Option Agreement (Confidential-For Parties and Board Only)

Petitioner's Exhibit List

Agreed Protective Order

Petitioner's Exhibit List

Attachment A to Purina Response to Oil-Dri Citation of Supplemental Authority - Excerpts of Feb. 15, 2018 Tr. of Dep. of Marc Herpfer (Confidential-For Parties and Board Only)

Order Granting Remand

Excerpts of March 23, 2018 Transcript of Deposition of William Moll (Confidential-For Parties and Board Only)

ODC007586-7606 (Confidential-For Parties and Board Only)

November 8, 1994 Letter From J. Miller to J. Glynn (Confidential-For Parties and Board Only)

Motion to Seal

Conduct of the Proceeding 37 C.F.R. § 42.5

Petitioner's Power of Attorney

Petitioner's Updated Mandatory Notices

ORDER Unopposed Motion to Withdraw

Petitioner's Unopposed Motion to Withdraw Counsel, Amend Its Counsels' Law Firm's Name, and Add Additional Back-Up Counsel

Notice of Appeal

Appendix A - Final Written Decision

Appendix B - Decision on Request for Rehearing

Decision Denying Petitioner's Request for Rehearing

Request for Rehearing

Final Written Decision - 35 USC 318(a) and 37 CFR 42.73

Record of Oral Hearing

Patent Owner Oil-Dri's Objections to Petitioner Nestle's Demonstratives

Petitioner's Objections to Patent Owner's Demonstrative Exhibits

Petitioner's Notice of Withdrawal of Certain Proposed Demonstrative Exhibits

Patent Owner Oil-Dri's Reply in Support of its Motion to Exclude

Order - Oral Hearing

Purina's Opposition to Motion to Exclude

Purina's Response to Motion for Observation

Amended Transcript of the Deposition of Phillip Greene, February 18, 2016.

Patent Owner's Motion for Observations of Cross-Examination of Mr. Phillip Greene

Patent Owner's Motion to Exclude

Patent Owner's Request for Oral Argument

Patent Owner's Exhibit List

Request for Oral Hearing

Particle Size Distribution Curves

US 2014/0174370 A1 to Huck et al.

Transcript of Deposition of Phillip Greene taken on January 22, 2016

Log Normal v. Normal distribution curves

Weight Percentage Graph

Email to the Board dated December 21, 2015

Nestle email dated January 26, 2016

Patent Owner's Sur-Reply to Petitioner's Reply Brief

Notice of Deposition for Phillip Greene

Patent Owner's Objections to Petitioner's Evidence

Petitioner's Exhibit List

Reply

Exhibit 1016-Phillip_Greene_Declaration

Patent Owner's Response to the Petition

Exhibit List

Perry's Chemical Engineers' Handbook

Particle Size Distributions And The Sequential Fragmentation/Transport Theory Applied To Volcanic Ash

Particle Size Distributions In Mesh Cuts And Microscopically Estimated Volumetric Shape Factors

Image Analysis Of Narrow Size Fractions Obtained By Sieve Analysis

U.S. Patent No. 6,050,509 to Clarey

Comparative Drawings

U.S. Patent No. 5,000,115 to Hughes

Declaration of Marc Herpfer

Promesh graph results

Declaration of Dr. Robert D. DeLuca

Manual of Mineralogy

Data referenced Paragraph 6 of DeLuca Declaration

Decision - Patent Owner's Request for Rehearing - 37 CFR 42.71

Notice of Compliance with Scheduling Order - ADR Statement

Patent Owner's Request for Rehearing

Institution Decision

Scheduling Order

Patent Owner's Unopposed Motion to Substitute Exhibits

Exhibit List

Falivene Paper

Manual On Test Sieving Methods

Standard Test Method For Particle Size Distribution of Granular Carriers and Granular Pesticides

Perry's Chemical Engineer's Handbook

Comparison of MPS Values

PATENT OWNER'S PRELIMINARY RESPONSE PURSUANT TO 37 CFR 42.107

Exhibits 2001-2005

Notice of Accepting Corrected Petition

Related Matters

Power of Attorney

Petitioner's Certificate of Service

Petitioner's Exhibit List

Notice of Filing Date Accorded to Petition

Petition for Inter Partes Revie of U.S. Patent No. 5,975,019

Power of Attorney

U.S. Patent No. 5,975,019

January 29, 1999 Rejection of U.S. Patent Application No. 08/914,406

April 29, 1999 Terminal Disclaimer for U.S. Patent Application No. 08/914,406

Notice of Allowability for U.S. Patent Application No. 08/914,406

Declaration of John Hughes

Hughes U.S. Patent No. 5,386,803, filed Oct. 18, 1989, issued Feb. 7, 1995

U.S. Sieve Series Chart

Pattengill U.S. Patent No. 5,458,091, filed Oct. 14, 1994, issued Oct. 17, 1995

Hughes U.S. Patent No. 5,503,111, filed Feb. 4, 1994, issued Apr. 2, 1996

Expunge

Hughes U.S. Patent No. 5,129,365, filed July 16, 1990, issued July 14, 1992

1997 Merriam Webster definition of Particulate

1997 Merriam Webster definition of Arithmetic Mean

Henry F. Zobel and Alistair M. Stephen

Stedmans Medical Dictionary definition of Plantago