`
`BEFORE THE PA TENT TRIAL AND APPEAL BOARD
`
`SYNGENTA CROP PROTECTION AG,
`Petitioner,
`
`V.
`
`UPLLTD.,
`Patent Owner.
`
`Case PGR2023-00017
`Patent 11,445,727 B2
`
`DECLARATION OF RYAN KODY JONES
`
`SYNGENTA EXHIBIT 1023
`Syngenta v. UPL, PGR2023-00017
`
`
`
`I, Ryan Kody Jones, hereby declare as follows:
`
`1.
`
`I prepared this declaration at the request of counsel for Syngenta Crop
`
`Protection AG ("Syngenta" or "Petitioner") to submit evidence that NIMBUS® is a
`
`trademark registered in the Federal Republic of Brazil to Syngenta Limited and is a
`
`mineral oil product distributed by Syngenta or an affiliated company in Brazil. In
`
`Support, I provided: Exhibits 1024 and 1026, Syngenta trademark registrations for
`
`NIMBUS® in Brazil; and Ex. 1028, the material safety and data sheet (MSDS) stating
`
`Syngenta's NIMBUS® in Brazil is a mineral oil product.
`
`2.
`
`I am currently a Senior Assistant General Counsel, Intellectual
`
`Property, at Syngenta Crop Protection, LLC located at 410 Swing Road,
`
`Greensboro, NC 27409.
`
`3.
`
`I make this declaration based upon personal knowledge. I am over the
`
`age of 21 and otherwise competent to make this declaration.
`
`4.
`
`Attached to
`
`this declaration are
`
`trademark registrations for
`
`NIMBUS®. Exhibit 1024 is a true and correct copy of a trademark registration
`
`certificate issued by the Federal Republic of Brazil to Syngenta Limited (Great Britain)
`
`for NIMBUS® (Reg. No. 007161867). The original of Ex. 1024 is a record that is kept
`
`in the ordinary and regular course of business at a Syngenta affiliated company and I
`
`obtained a copy from such affiliate.
`
`5.
`
`Exhibit 1024 shows that the trademark NIMBUS® was granted in 1980
`
`1
`
`
`
`and extends to the year 2030. Exhibit 1024 further shows that NIMBUS® is a product
`
`used in agriculture, horticulture and forestry, other than insecticides, :fungicides and
`
`herbicides.
`
`6.
`
`Exhibit 1026 is a true and correct copy of another trademark registration
`
`certificate issued by the Federal Republic of Brazil to Syngenta Limited (Great Britain)
`
`for NIMBUS® (Reg. No. 200012975). The original of Ex. 1026 is a record that is
`
`kept in the ordinary and regular course of business at a Syngenta affiliated company
`
`and I obtained a copy from such affiliate.
`
`7.
`
`Exhibit 1026 differs from Ex. 1024 in that Ex. 1026 is a trademark for a
`
`different class. Exhibit 1026 shows that the trademark was granted in 1980 and extends
`
`to the year 2030. The registration in Ex. 1026 shows that NIMBUS® is also registered
`
`for insecticides, fungicides and herbicides or for use with such products.
`
`8.
`
`Further, Syngenta or one or more of its affiliated companies monitors
`
`the NIMBUS® trademark to determine if entities or persons file the same or similar
`
`trademarks in Brazil. Syngenta is not aware that UPL, LTD., or any other entity or
`
`person, filed or owns any trademarks to NIMBUS® in Brazil for similar products.
`
`9.
`
`The product NIMBUS® distributed in Brazil by Syngenta or an
`
`affiliated company is composed of mineral oil as indicated by Ex. 1028. Exhibit 1028
`
`is a record that is kept in the ordinary and regular course of business at a Syngenta
`
`affiliated company and I obtained a copy from such affiliate.
`
`2
`
`
`
`10.
`
`NIMBUS® is an adjuvant that can be added to a formulation to improve
`
`the spraying characteristics of the formulation. The product NIMBUS® distributed in
`
`Brazil by Syngenta does not contain a fungicide.
`
`11.
`
`In signing this declaration, I understand this declaration will be filed
`
`as evidence in the above-captioned proceeding.
`
`I acknowledge that I may be
`
`subject to cross-examination within the scope of this declaration at a convenient
`
`time and place within the United States, should the same be requested.
`
`12.
`
`I hereby declare under penalty of perjury that all statements made
`
`herein of my own knowledge are true and that all statements made on information
`
`and belief are believed to be true, and further that these statements were made with
`
`the knowledge that willful false statements and the like so made are punishable by
`
`fine or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`Dated
`
`3
`
`
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