`IPR2016-01268
`R.J. Reynolds Vapor v. Fontem
`Exhibit 1033-00001
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`I, James Donnelly, declare as follows:
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`1.
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`I am a Patent Paralegal at Brinks Gilson & Lione, counsel for
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`Petitioner.
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`2.
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`I am over 18 years of age and I make this declaration based upon my
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`own knowledge, personal experience, and belief. If called upon, I can competently
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`testify to the facts stated in this declaration.
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`3.
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`I assisted with the collection and assembly of the documents included
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`as Exhibits supporting Petitioners’ Reply Brief in Inter Partes Review of US.
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`Patent No. 8,365,742, bearing Inter Partes Review number IPR2016—01268,
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`having been filed on July 2, 2016.
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`.4.
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`Exhibit 1024, as submitted with Petitioner‘s Reply Brief, is a true and
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`accurate copy of the cover, the copyright pages, and pages 496—497, 1256 of
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`Merriam-Webster's Collegiate Dictionary, 11th ed. (2003). The original text is
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`available for inspection and copying at the offices of Brinks Gilson & Lione, Suite
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`3600 NBC Tower, 455 Cityfront Plaza Drive, Chicago IL 6061 1—5 599.
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`5.
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`\ Exhibit 1025, as submitted with Petitioner's Reply Brief, is a true and
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`accurate copy of the cover, the copyright pages, and page 1040 of Oxford Modern
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`English Dictionary, 2nd ed. (1996). The original text is available for inspection and
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`copying at the offices of Brinks Gilson & Lione, Suite 3600 NBC Tower, 455
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`Cityfront Plaza Drive, Chicago IL 60611—5599.
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`R.J. Reynolds Vapor Exhibit 1033-00002
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`R.J. Reynolds Vapor Exhibit 1033-00002
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`6.
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`Exhibit 1026, as submitted with Petitioner's Reply Brief, is a true and
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`accurate copy of the cover, the copyright page, and pages 913—914 of Concise
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`Oxford American Dictionary (2006). The original text is available for inspection
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`and copying at the offices of Brinks Gilson & Lione, Suite 3600 NBC Tower, 455
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`Cityfront Plaza Drive, Chicago IL 6061 1-5 599.
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`7.
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`On July 5, 2017, I downloaded a copy of Mitchell et a1, AAPS
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`PharmaSciTech 2003, 4 (4) Article 54, pages 1—9 from the National Center for ‘
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`Biotechnology Information website: https://www.ncbi.nlm.nih.gov.
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`8.
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`Ex. 1028 is a true and correct copy of Mitchell et a1, AAPS
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`PharmaSciTech 2003, 4 (4) Article 54, pages 1-9 that I obtained from the National
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`Center for Biotechnology Information website: https://www.ncbi.nl1n.nih.gov.
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`9.
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`On July 5, 2017, I downloaded a copy of Breon et al., Science 2002,
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`295 (5556), pp. 834—838 from the Science website: http://science.sciencemag.org.
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`10.
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`Ex. 1029 is a true and correct copy of Breon et al., Science 2002, 295
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`(5556), pp. 834—838 that I obtained from the Science website.
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`11.
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`I hereby declare that all the statements made in this declaration are of
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`my own knowledge and true; that all statements made on information and belief
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`are believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. § 1001.
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`R.J. Reynolds Vapor Exhibit 1033-00003
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`R.J. Reynolds Vapor Exhibit 1033-00003
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`12.
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`The contents of this declaration are true under penalty of perjury of
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`the laws of the United States.
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`Executed on 5th day of July 2017.
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`- R.J. Reynolds Vapor Exhibit 1033-00004
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`R.J. Reynolds Vapor Exhibit 1033-00004
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