UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`CASCADES CANADA ULC
`and
`TARZANA ENTERPRISES, LLC
`Petitioner,
`
`v.
`
`ESSITY HYGIENE AND HEALTH AB,
`Patent Owner.
`____________
`
`Case IPR2017-01921
`Patent 9,320,372
`____________
`
`SUPPLEMENTAL DECLARATION OF T. KIM PARNELL, PhD, PE
`PURSUANT TO 37 C.F.R. § 42.64(B)(2)
`
`ESSITY EXHIBIT 2011
`Cascades v. Essity, IPR2017-01921
`
`
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`CASCADES CANADA ULC
`and
`TARZANA ENTERPRISES, LLC
`Petitioner,
`
`v.
`
`ESSITY HYGIENE AND HEALTH AB,
`Patent Owner.
`____________
`
`Case IPR2017-01921
`Patent 9,320,372
`____________
`
`SUPPLEMENTAL DECLARATION OF T. KIM PARNELL, PhD, PE
`PURSUANT TO 37 C.F.R. § 42.64(B)(2)
`
`ESSITY EXHIBIT 2011
`Cascades v. Essity, IPR2017-01921
`
`
`
`I, T. Kim Parnell, declare under penalty of perjury that the following is true
`
`and correct. All statements made herein of my own knowledge are true and all
`
`statements made on information and belief are believed to be true. I understand
`
`that perjury and/or a willful false statement and the like are punishable by fine or
`
`imprisonment, or both (18 U.S.C. § 1001) and may jeopardize the validity of the
`
`application or any patent issuing thereon.
`
`I. BACKGROUND
`
`1.
`
`I have been retained as an expert witness on behalf of Essity Hygiene
`
`and Health AB, formerly SCA Hygiene Products AB (collectively with its
`
`affiliated companies, “Essity”) in connection with the Petition for inter partes
`
`review of U.S. Patent No. 9,320,372 (“the ‘372 patent”) filed by Cascades Canada
`
`ULC (“Petitioner”).
`
`2.
`
`I provided a first declaration (“Initial Declaration”) (Ex. 2005)
`
`regarding the ‘372 patent on May 18, 2018. In paragraphs 6-11 of my Initial
`
`Declaration, I demonstrate that I have extensive education and detailed knowledge
`
`and experience relevant to the subject matter of the ‘372 patent.
`
`3.
`
`Below, I provide additional evidence to demonstrate my qualifications
`
`as an expert and to opine upon a person having ordinary skill in the art (PHOSITA)
`
`in this proceeding:
`
`2
`
`
`
`II. SUPPLEMENTAL EVIDENCE
`
`4.
`
`The background and qualifications described in paragraphs 6-11 of
`
`my Initial Declaration are incorporated by reference herein. In particular, I have
`
`extensive education relevant to the subject matter of the ‘372 patent. Of special
`
`note, as described in paragraph 6 of my Initial Declaration, I have a Ph.D. and
`
`MSME in Mechanical Engineering from Stanford University. My Ph.D. research
`
`and thesis focused on the behavior of thin shells and plates. The thin paper
`
`products that are described in the subject patent are very thin (in comparison to
`
`their length and width) and properly classified from an engineering perspective as
`
`thin shells or plates. The paper products have very limited bending stiffness, and
`
`behave much like membranes. This type of behavior is highly relevant to the
`
`folding process and the stability of the paper product under tension.
`
`5.
`
`Likewise, as described in paragraph 7 of my Initial Declaration, I am a
`
`licensed Professional Mechanical Engineer (PE license M25550) in the State of
`
`California. I received my PE license before 1990. This license is obtained only
`
`after qualifying through a combination of education through an accredited
`
`University and relevant work experience in the field. A comprehensive written
`
`examination is also required. Some states require a PE license before being
`
`permitted to testify as an engineering expert or perform engineering services.
`
`3
`
`
`
`6.
`
`In addition, I have detailed experience relevant to the subject matter of
`
`the ‘372 patent. As described in paragraph 7 of my Initial Declaration, I have over
`
`30 years of experience as a professional engineering consultant including
`
`manufacturing, design, and consumer products. As described in paragraph 8 of my
`
`Initial Declaration, I have worked in the manufacturing and process field and have
`
`consulted on products involving pulp and paper products and associated
`
`equipment, specifically including packaging and equipment for producing
`
`packaging with issues such as cutting, folding, assembling, and stacking. This
`
`experience is directly relevant to the technology and issues included in the ‘372
`
`patent (i.e., the folding and stacking of paper products).
`
`7.
`
`I also have detailed knowledge relevant to the subject matter of the
`
`‘372 patent and its claimed embodiments. In particular, as described in paragraph
`
`8 of my Initial Declaration, I received an in-depth inspection tour of the Essity
`
`Paper Plant in Cherokee, Alabama conducted by Mr. Paul Carlson of Essity on
`
`March 28, 2018. The inspection included a review of all equipment and processes
`
`used at the plant in producing a variety of different folded paper products. I have
`
`previously visited paper plants in the United States and also internationally dating
`
`back to the early 1990s.
`
`8.
`
`Finally, I have met with and communicated with Mr. Paul Carlson of
`
`Essity. Mr. Carlson made me aware of particular facts which factor into the
`
`4
`
`
`
`opinions in my Initial Declaration. In addition, I have relied upon my own
`
`personal knowledge, experience, and education described above.
`
`9.
`
`I read and follow aspects such as processing technology, automation,
`
`equipment, facilities issues, and safety for the paper converting and processing
`
`industry through industry and trade specific publications. Issues such as product
`
`consistency, reliability, and failure analysis also apply and are included in my
`
`review.
`
`10.
`
`I am familiar with the state of the art in this field as of the critical date
`
`of the ‘372 patent, as described in my Initial Declaration.
`
`11.
`
`I have also reviewed prior art in determining how the phrase “offset”
`
`is used in the prior art to describe a specific type of fold. Some of the references
`
`that I reviewed are cited in paragraph 12 of my Initial Declaration.
`
`
`
`
`
`Executed this 11th day of June, 2018 in Sunnyvale, CA.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`____________________________
`
`T. Kim Parnell, PhD, PE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
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