Free Declaration - District Court of Delaware - Delaware

i; Case 1 :05-cv-00023-JJF Document 79 Filed 12/28/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DOW CHEMICAL CANADA INC. on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, )
)
Plaintiff, )
)
v. )
)
HRD CORPORATION (cl/b/a Marcus Oil & )
Chemical) ) Case No. 05-023 (JJF)
)
Defendant, Counterclaim Plaintifi )
)
V- )
I
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, and TI-IE DOW CHEMICAL )
COMPANY, )
)
Counterclaim Defendants. )
DECLARATION OF BRIAN W. S. KOLTI-IAMMER, Ph.D.
I, Brian W. S. Kolthammer, do declare and state as follows:
1. I earned a B.Sc. in Chemistry in 1975 and a Ph.D. in Chemistry in 1979
from The University of British Columbia-Vancouver. In 1979, I became a Research
Associate at The University of British Columbia-Vancouver and a NATO Science Fellow
at Texas A&M University at College Station.
2. I am presently a Research Fellow in the Basic Plastics & Chemicals,
Hydrocarbons & Energy R&D group at The Dow Chemical Company ("Dow"). I have
been responsible for development and commercialization of a variety of polymers Dow
makes using its proprietary solution process technology, including polymers made with

Case 1 :05-cv-00023-JJF Document 79 Filed 12/28/2006 Page 2 of 3
metallocene catalysts. I also was responsible for operation of market development plants
for Dow’s tirst polyethylene polymers made with a metallocene catalyst--these were
called AFFINITY* and ENGAGE*. I am an inventor or co-inventor on many patents
directed to Dow’s rnetallocene catalysts.
3. Dow used its proprietary solution process technology to make
polyethylene waxes for HRD.
4. Dow manufactures approximately seven billion pounds of polyethylene a
year using its proprietary solution process technology, which it keeps confidential. Many
aspects of the commercial solution process technology, including equipment and process
parameters, are highly proprietary. For example, many aspects ofthe identity and design
of Dow’s devolatilization units is an important aspect of Dow’s proprietary solution
process technology. In addition, the equations of state Dow uses to predict performance
of those units are highly proprietary and provide substantial benefits to Dow.
5. I have studied many ethylene polymerization processes used in the
industry, including solution processes. In my opinion, Dow’s solution process
technology is unique and superior compared to other processes, including other solution
processes. Dow has invested at least tens of millions of dollars into the development of
its solution process.
6. lf Dow’s competitors or prospective manufacturers were to obtain
information on the proprietary aspects of Dow’s solution process technology, those
competitors or prospective manufacturers would be able to improve their process and
products, to the detriment of Dow. As a result, Dow would suffer substantial economic
harm.
T 2

Case 1 :05-cv-00023-JJF Document 79 Filed 12/28/2006 Page 3 of 3 ‘ é
I d¤¤l¤l‘¤ ¤11d¢1‘ péualty of perjury that the foregoing is tmc and correct.
Date: December 27, 2006 U‘Y\!¤L/
I Brian W. S. Kolthammcr, Ph.D.