Hysitron Incorporated v. MTS Systems Corporation

Filing 61

Declaration of Todd S. Werner in Support of 60 Memorandum in Opposition to Motion filed by Hysitron Incorporated. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E)(Hinderaker, Allen)

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Hysitron Incorporated v. MTS Systems Corporation Doc. 61 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 TODD S. WERNER IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE PLAINTIFF'S EXPERT WITNESS FROM MARKMAN PROCEEDING I, Todd S. Werner, 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. This declaration is respectfully submitted in support of Opposition to Defendant's Motion In Limine to Exclude Plaintiff's Expert Witness from Markman Proceeding. 2. 6,026,677. 3. Attached hereto as Exhibit B is a true and accurate copy of Defendant's Attached hereto as Exhibit A is a true and accurate copy of U.S. Patent No. Preliminary Proposed Construction of Disputed Claim Terms, Phrases and Clauses dated September 17, 2007. Dockets.Justia.com 4. Attached hereto as Exhibit C is a true and accurate copy of the curriculum vitae of Richard J. Colton. 5. Attached hereto as Exhibit D is a true and accurate copy of a letter dated October 31, 2007, from Allen Hinderaker to Matthew Spohn. 6. Attached hereto as Exhibit E is a true and accurate copy of a letter dated October 31, 2007, from Matthew Spohn to Allen Hinderaker. I declare under penalty of perjury that the foregoing is true and correct. Executed: November 7, 2007 By: s/Todd S. Werner Todd S. Werner 2

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