Hysitron Incorporated v. MTS Systems Corporation

Filing 127

Hysitron Incorporated v. MTS Systems Corporation

Doc. 127

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) ) )

HYSITRON INCORPORATED, a Minnesota corporation, Plaintiff, v. MTS SYSTEMS CORPORATION, a Minnesota corporation, Defendant.

Civil Action No. 07 CV 1533 ADM/AJB

DECLARATION OF JOSHUA GRAHAM IN OPPOSITION TO DEFENDANT'S RENEWED MOTION TO STAY LITIGATION PENDING REEXAMINATION OF PLAINTIFF'S PATENTS I, Joshua Graham, hereby declare as follows: 1. I am an attorney with the law firm of Merchant & Gould located in

Minneapolis, Minnesota and represent Plaintiff Hysitron Incorporated ("Hysitron") in the above-captioned action. 2. Attached hereto as Exhibit A is a true and correct copy of "Defendant's

Prior Art Statement," excluding Appendix A thereto, dated September 17, 2007. 3. Attached hereto as Exhibit B is a true and correct copy of the "Information

Disclosure Statement by Applicant," which was submitted during the Reexamination of U.S. Patent No. 5,553,486 and indicates that the Examiner considered each reference listed therein.

Dockets.Justia.com

4.

Attached hereto as Exhibit C is a true and correct copy of the internet cite

located at http://www.mtsnano.com/news, as it appeared on July 21, 2008. 5. Attached hereto as Exhibit D is a true and correct copy of a letter from

Agilent Technologies to Allen Hinderaker, dated June 30, 2008. 6. Attached hereto as Exhibit E is a true and correct copy of Ecolab, Inc. v.

FMC Corp., 05-CV-831, 2007 U.S. Dist. LEXIS 39189 (D. Minn. May 29, 2007). 7. Attached hereto as Exhibit F is a true and correct copy of the "Comments

on Statement of Reasons for Patentability and/or Confirmation," submitted on May 23, 2008, during the Reexamination of U.S. Patent No. 5,553,486. 8. brochure. 9. Attached hereto as Exhibit H is a true and correct copy of an e-mail from Attached hereto as Exhibit G is a true and correct copy of a Nano Vision

David Pearson to Allen Hinderaker, dated July 21, 2008. I state under penalty of perjury that the forgoing is true and correct. Dated: June 24, 2008 /s/Joshua P. Graham Joshua P. Graham

2