Free Declaration - District Court of Delaware - Delaware

-. ‘ Case 1 :07-cv-00104-IVIPT Document 45 Filed 07/01 /2008 Page 1 of 3 ·
, IN THE UNITED STATES DISTRICT COURT ·
FOR THE DISTRICT OF DELAWARE -
PARKERIIANNIFIN CORPORATION, and :
PARKER INTANGIBLES, LLC, : F
Piamirrs, 2 T__
: C.A. No. 06-751-MPT .
v. :
_ ZIPPERTUBING (JAPAN), LTD.,
Defendant.
PARKER-HANNIFIN CORPORATION, and
PARKER INTANGIBLES, LLC, :
I Plaintiffs, Z
: C.A. No. 07-104-MPT
v. : _
SEIREN CO., LTD., `
Defendant.
DECLARATION OF WILLIAM I. FLANDERS IN SUPPORT OF
PLAINTIFFS’ OPENING CLAIM CONSTRUCTION BRIEF .
I, William I. Flanders, hereby declare and state as follows: at
l. I am the Division Marketing Manager — Americas for the Chomerics U
Division of Parker—I-Ianniiin Corporation. I received a B.S. in Interdisciplinary V
Engineering from Clarkson University in 1976. I have eighteen (18) years of experience in ·
the electromagnetic interference (“EMT’) shielding industry. I have nine (9) years of
experience with design and manufacture of foam-based EMI shielding gaskets. U
2. I am a coinventor of the subject matter described and claimed in U.S. Patent
No. 6,248,393, U.S. Patent No. 6,387, 523, U.S. Patent No. 6,521,348, U.S. Patent No. Q
6,716,536, and U.S. Patent N o. 6,777,095 (collectively "the patents—in—suit”). i

` H ` Case 1 :07-cv-00104-IVIPT Document 45 Filed 07/01 /2008 Page 2 of 3 `
3. I am familiar with the testing and certification procedures employed by _
Underwriters Laboratories ("UL").
4. In my opinion, a foam component, such as the foam core of a gasket, could I
be submitted to UL for flammability testing under UL Standard No. 94. It is my further U
opinion that the foam core would be eligible for a V—0 rating provided that it meets the
requirements set forth in Standard N o. 94. This is true today as it was in 1999 when the
application for U.S. Pat. No. 6,428,393 was tiled.
5. There are some commercially available foams, such as those sold by Rogers A
Corporation, for the construction of gaskets that carry a V·0 rating under Standard No. 94. ‘
6. Submission of a foam core to UL for testing under Standard No. 94 is not
necessary to carry out the inventions claimed in the patents—in-suit.
7. Common foamed polymeric materials are flammable and would not be
accorded a V-0 rating if submitted for testing under UL Standard No. 94 unless specifically
loaded with flame retardant additives. .
8. In my opinion, there would be no motivation for one of ordinary skill in the _,
art to submit common foamed polymeric materials to UL for testing under Standard No.
94, because one of ordinary skill would know that such materials would not be accorded a lb
V-0 rating unless specifically modified for flame retardancy. ·
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing
is true and correct. This Declaration is executed this lst day of July, 2008.
s VQ
_ 2

· it ‘ Case 1 :07-cv—OO104-IVIPT Document 45 Filed 07/O1/2008 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on July 1, 2008, I caused to be electronically tiled a
true and correct copy of the foregoing document with the Clerk of the Court using
CM/ECF, which will send notification that such tiling is available for viewing and
downloading to counsel of record on the Court’s CM/ECP registrants for this case. I
further certify that on July 1, 2008, I caused a copy of the foregoing document to be
served upon the following in the manner indicated:
BY E-MAIL AND HAND DELIVERY
Jack B. Blumerrfeld
Julia Heaney
Morris, Nichols, Arsht & Tunnell, LLP
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899
[email protected]
BY E-MAIL
Scott M. Daniels
Ken—Ichi Hattori
Michael J. Caridi
i Westerman, I-Iattori, Daniels & Adrian, LLP
1250 Connecticut Ave. NW
Washington, D.C. 20036
[email protected]
/s/ Francis DiGi0vcmni
Francis DiGiovanni (#3189)