Responsive Expert Declaration in Support of Claim Construction

AuthorKenneth L. Dorsney
Pages833-834
Responsive Expert Declaration in Support of Claim
Construction
IN THE UNITED STATES DISTRICT COURT
[]
[]
I, [Name], declare that the following is true and correct:
I.
1. I am the same [Name] who provided the Original Declaration in Support
of [Plaintiff’s or Defendant’s] Opening Markman Brief (“Original Declaration”), filed
with this Court on [Date]. My Original Declaration included my opinion on the meaning
of certain words and phrases used in the claims of U.S. Patent No. 1 (“the ’001 patent”)
as interpreted by a person having ordinary skill in the art (“PHOSITA”).
2. I prepared this Responding Declaration to assist [Plaintiff or Defendant] in
addressing arguments raised in [Defendant’s or Plaintiff’s] Opening Markman Brief, in
addition to opinions provided by [Defendant’s or Plaintiff’s] expert [Name]. [Name]’s
opinions are contained in his Declaration which was filed in support of [Defendant’s or
Plaintiff’s] Opening Markman Brief [Cite].
3. In preparing this Responding Declaration, I have reviewed the [Name]
Declaration, [Defendant’s or Plaintiff’s] Opening Markman
[Name] Declaration, as well as [Plaintiff’s or Defendant’s] Markman and
4. upon my review of these materials, my opinion remains that the
constructions proposed by [Plaintiff or Defendant] are the most consistent with the
specification of the ’001 patent and the invention claimed therein and, therefore, should
be adopted by the Court in the Markman claim construction proceeding.
5. Name] Declaration are
provided below. For clarity, the section headings that follow are taken directly from the
[Name] Declaration, and my comments are provided for each of those sections.
II. [
6. Name] outlined his relevant experience and included a
current copy of his curriculum vitae. Name]’s
qualifications as needed.
833
A-30
dor54588_24_app_663–914.indd 833 5/5/16 5:05 PM

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