R.J. Reynolds Vapor
`IPR2016-01268
`R.J. Reynolds Vapor v. Fontem
`Exhibit 1022-00001
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`
`IPR2016-01268
`R.J. Reynolds Vapor v. Fontem
`Exhibit 1022-00001
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`MR. MALLIN: Robert Mallin and Ralph Gabric
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`of Brinks Gilson & Lione on behalf of petitioners.
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`MS. DUEPPEN: Lara Dueppen, Nate Kassebaum
`and Joseph Hamil:on for patent holdings 1 EV.
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`THE VIDEOGRAPHER: All others present
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`7 please identify yourselves for the record.
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`MR. KASSEBAUM: Nathan Kassebaum
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`representing Fontem.
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`MR. HAMILTON: And Joe Hamilton
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`representing Fontem.
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`MR. GABRIC: Morning. Ralph Gabric
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`representing petitioner.
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`THE VIDEOGRAPHER:
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`Thank you.
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`The witness today is Richard Meyst.
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`Would the reporter please swear in the
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`17 witness.
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`RICHARD MEYST,
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`having been first duly sworn, was
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`examined and testified as follows:
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`EXAMINATION
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`BY MR. MALLIN:
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`ROUGH DRAFT
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`any file histories other than the '239 patent?
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`A.
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`I would have to go back and look.
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`I don't
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`know.
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`R.J. Reynolds Vapor Exhibit 1022-00002
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`R.J. Reynolds Vapor Exhibit 1022-00002
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`O.
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`For the day—to—day —~
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`the patent that's the
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`subject of this IPR is patent, U.S. patent,
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`8,899,239; correct?
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`A. Yes.
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`Q. Okay.
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`If 1 refer to the '239 patent, will
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`you understand what I'm referring to?
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`A. Yes.
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`Q.
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`So we can both refer to it that way. All
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`right?
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`A. Yes.
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`Q. Great.
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`Thank you.
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`What is the technology relating to the '239
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`patent?
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`A. Well, it's an electronic cigarette.
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`Q. Okay. And what
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`technology is involved in
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`that?
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`MS. DUEPPEN: Objection, asked and
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`answered.
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`TH; WITNLSSE
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`cigarette?
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`As part of an electronic
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`MR. MALLIN: Yeah.
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`‘J
`TH;
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`WITNESS: Well,
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`the production of vapor
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`ROUGH DRAFT
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`or aerosol,
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`so there's a conversion technology to go
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`from a liquid to a vapor in aerosol. There‘s also
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`some electronics involved,
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`so there's a heater,
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`a
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`circuit to control
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`that. Additionally,
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`there‘s a
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`light to emulate a burning ember of a cigarette when
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`the person uses a device.
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`R.J. Reynolds Vapor Exhibit 1022-00003
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`R.J. Reynolds Vapor Exhibit 1022-00003
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`So there also would be typical —-
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`materials,
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`technology,
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`manufacturing technology
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`producing all of the components and those are all
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`technologies,
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`I guess.
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`There could be others that
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`I didn't
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`mention.
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`BY MR. MALLIN:
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`Q.
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`Is there a difference between a vapor and
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`an aerosol?
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`A. Yes.
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`Q. What's the difference between the two?
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`A.
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`An aerosol is fine droplets where a vapor
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`is vapor.
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`Q. When you say "vapor," is vapor, does that
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`mean vapor is a gas?
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`A.
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`It's a gas, yes.
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`There could be very small
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`particles in the vapor, but
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`the distinguishing
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`difference is that the aerosol has small droplets
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`which you can see.
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`A vapor oftentimes you can't
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`ROUGH DRAFT
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`see.
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`Q.
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`For an aerosol,
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`is there any limitation to
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`the size of these fine droplets?
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`MS. DUZPPEN:
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`Objection, scope.
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`THE WITNESS:
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`I don't understand your
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`question.
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`Is there a limitation?
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`MR. MALLIN: Right.
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`Q.
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`I mean, how small do the fine droplets need
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`to be to be considered an aerosol?
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`R.J. Reynolds Vapor Exhibit 1022-00004
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`R.J. Reynolds Vapor Exhibit 1022-00004
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`MS. DUCPPEN:
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`TH; WIflNLSSI
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`Objection, scope.
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`1 don't know if there's a
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`particular brea<~off or cut—off point.
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`MR. MAJLIN: Okay.
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`1.1
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`TH; WITNESS:
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`As far as a definition.
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`BY MR. MALLIN:
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`Q. You'd mentioned that
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`the '239 patent
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`involves a light to emulate a burning ember; do you
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`recall that?
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`A. Yes.
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`Q. Okay. And by "a burning ember" do you mean
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`the burning end of the cigarette?
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`A. Yes.
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`Q. Okay. And could you describe what the
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`burning end of a cigarette looks like?
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`A. Well,
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`I think I have a —~ an explanation in
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`R.J. Reynolds Vapor Exhibit 1022-00005
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`R.J. Reynolds Vapor Exhibit 1022-00005
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`
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