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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________
`
`
`
`R.J. REYNOLDS VAPOR COMPANY,
`
`Petitioner
`
`v.
`
`FONTEM HOLDINGS 1 B.V.
`
`Patent Owner
`
`
`
`U.S. Patent 8,365,742
`Issue Date: Feb. 5, 2013
`Title: Aerosol Electronic Cigarette
`___________________________________
`
`Inter Partes Review No. 2016-01268
`
`___________________________________
`
`UPDATED EXHIBIT LIST
`
`
`
`
`

`

`LIST OF EXHIBITS
`
`PETITIONER’S EXHIBITS
`
`Exhibit
`U.S. Pat. No. 8,365,742 to Lik Hon
`
`Chinese Pat. No. 2719043Y to Lik Hon
`Certified English translation of Chinese Pat. No. 2719043Y to
`Lik Hon
`U.S. Pat. No. 2,057,353 to C. L. Whittemore, Jr
`Application Data Sheet of April 5, 2011 Filed in U.S. Pat. Appl.
`No. 13/079,937
`Preliminary Amendment of April 5, 2011 Filed in U.S. Pat. Appl.
`No. 13/079,937
`Non-Final Office Action of July 19, 2012 in U.S. Pat. Appl. No.
`13/079,937
`Amendment of August 3, 2012 in U.S. Pat. Appl. No. 13/079,937
`
`PCT Pub. No. WO2007131449
`
`English translation of PCT Pub. No. WO2007131449
`
`Board’s Decision Denying Institution in IPR2015-00859
`Patent Owner’s Preliminary Response to Petition for IPR of
`US8,365,742
`Petition for IPR of US8,365,742 in IPR2015-00859
`
`Board's Order Dismissing Petition IPR2015-01587
`
`Declaration of Dr. Robert Sturges
`
`Rohsenow, “Heat, Mass, And Momentum Transfer”
`WO 2005/099494, which is the PCT application equivalent of
`Hon (CN 2719043) (“Hon ’494”)
`Certified English translation of WO 2005/099494 pursuant to 37
`C.F.R. 42.63(b)
`Updated translator declaration attached to the Certified English
`translation of Chinese Pat. No. 2719043Y to Lik Hon that was
`previously submitted as Exhibit 1003 submitted in accordance
`with PTAB Order in Paper 10.
`Supplemental Declaration of Dr. Robert Sturges
`
`Declaration of Huo Gejun
`
`Exhibit No.
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`1021
`
`

`

`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`1033
`
`1034
`
`Excerpt from Rough Deposition Transcript of Richard P. Meyst,
`June 6, 2017 in IPR2016-01272 Marked as an Exhibit at Meyst
`6/7/17 Deposition
`Deposition Transcript of Richard P. Meyst, June 7, 2017
`
`Merriam-Webster Definition of “Support” And “Frame”
`
`Oxford Modern English Definition of “Support”
`
`Oxford Dictionary Definition of “Support”
`
`Reply Declaration of Dr. Robert Sturges
`
`Mitchell et al, AAPS PharmaSciTech 2003, 4 (4) Article 54
`
`Breon et al., Science 2002, 295 (5556), pp. 834-838
`
`U.S. Pat. No. 4,957,543 to Babjak et al.
`
`U.S. Pat. No. 6,932,925 to Kishi et al.
`
`Sabersky & Acosta, Fluid Flow in Fluid Mechanism
`
`Declaration of James Donnelly
`
`Supplemental Evidence Declaration of Dr. Robert H. Sturges
`
`Exhibit No.
`
`Exhibit
`
`PATENT OWNER’S EXHIBITS
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`
`2011
`
`2012
`
`Declaration of Richard Meyst
`RESERVED
`
`RESERVED
`Summary of Examiner Interview of 08/14/2012 Interview in U.S.
`Patent Application No. 13/079,937 issued as U.S. Patent No.
`8,365,742
`Robinson U.S. Patent No. 1,775,947
`
`Counts U.S. Patent No. 5,144,962 ("Counts IV")
`
`Susa EP Patent No. 0 845 220B1
`Statement of Related Applications filed 12/22/2015 in U.S.
`Patent Application No. 13/740,011
`RESERVED
`Notice of Allowance dated 6/21/2016 in U.S. Patent Application
`No. 13/740,011
`Statement of Related Applications filed 4/3/2014 in U.S. Patent
`Application No. 14/244,376, issued as U.S. Patent No. 9,326,548
`Examiner Interview Summary of 12/1/2015 Interview in U.S.
`Patent Application No. 14/244,376, issued as U.S. Patent No.
`9,326,548
`
`2
`
`

`

`2013
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`2019
`
`2020
`
`2021
`
`2022
`
`2023
`
`2024
`
`2025
`
`2026
`
`2027
`
`2028
`
`2029
`
`2030
`
`Statement of Related Applications filed 1/13/2016 in U.S. Patent
`Application No. 14/244,376, issued as U.S. Patent No. 9,326,548
`Notice of Allowance dated 3/15/2016 in U.S. Patent Application
`No. 14/244,376, issued as U.S. Patent No. 9,326,548
`Second Declaration of Richard Meyst
`
`Deposition Transcript of Robert Sturges, March 8, 2017
`
`New Oxford American Dictionary, 2001, selected pages
`Xi, Zhengping et al., "Progress of Application Researches of
`Porous Fiber Metals," Materials, Vol. 4, pp. 816-824, April 19,
`2011
`Choe, Heeman et al., "Mechanical properties of oxidation-
`resistant Ni-Cr foams," Materials Science and Engineering
`A384, pp. 184-193, May 2004
`Third Party Response to Amendment filed February 27, 2013 in
`Reexamination No. 95/002,235
`CB Distributors, Inc. and DR Distributors, LLC v. Ruyan
`Investment (Holdings) Limited, IPR2013-00387, Paper 1, Petition
`for Inter Partes Review of Patent No 8,156,944, June 27, 2013
`CB Distributors, Inc. and DR Distributors, LLC v. Ruyan
`Investment (Holdings) Limited, IPR2013-00387, Ex. 1017, Office
`Action Response filed January 28, 2013 in Reexam 95/002,235
`Kinetic Tech., Inc. v. Skyworks Solutions, Inc., IPR2014-00529,
`Paper 8, Decision Denying Institution of Inter Partes Review
`(PTAB Sept. 23, 2014)
`Fluent 6.3 Users Guide, Fluent, Inc., Lebanon, NH, September
`2006 (excerpt)
`Su, Wei-Fang, "Principles of Polymer Design and Synthesis,"
`Springer, Heidelberg, 2013, Chapter 2 - Polymer Size and
`Polymer Solutions
`Google Inc. v. Network-1 Technologies, Inc., IPR2015-00345,
`Paper 6, Decision Instituting Inter Partes Review (PTAB June
`23, 2015)
`LG Display Co., Ltd., v. Delaware Display Group LLC,
`IPR2014-01359, Paper 12, Decision Denying Institution of Inter
`Partes Review (PTAB Mar. 2, 2015)
`Declaration of Amy Candeloro
`PR2016-01692, Robert H. Sturges Deposition Transcript, May
`10, 2017
`Robert H. Sturges Deposition Transcript, July 18, 2017
`
`3
`
`

`

`2031
`
`2032
`
`2033
`
`2034
`
`2035
`
`IPR2014-00309, Intri-Plex Techs., Inc. v. Saint-Gobain
`Performance Plastics Rencol Ltd., Paper 83 (PTAB March 23,
`2014)
`IPR2013-00141, Veeam Software Corp. v. Symantec Corp.,
`Paper 35 (PTAB April 7, 2014)
`R. Sabersky and A. Acosta, "Fluid Flow: A First Course in Fluid
`Mechanics," (excerpt) The Macmillan Company, New York
`(1964)
`IPR2013-00110 The Scotts Company LLC v. Encap LLC, Paper
`79 (PTAB June 24, 2014)
`Nathan Kassebaum Affidavit in Support of Pro Hac Vice Motion
`
`
`
`
`
`Dated: September 8, 2017
`
`
`
`Respectfully submitted,
`
`/s/ Ralph J. Gabric
`Ralph J. Gabric
`
`Lead Counsel for Petitioner
`Reg. No. 34,167
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611-5599
`T: 312-321-4200
`F: 312-321-4299
`
`4
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
`
`certifies that on September 8, 2017, a complete and entire copy of this UPDATED
`
`EXHIBIT LIST and EXHIBIT 1034 was served by Electronic submission through
`
`the USPTO Patent Trial and Appeal Board End-to-End System and by e-mail to
`
`
`
`MWise@perkinscoie.com
`JHamilton@perkinscoie.com
`JDerosier@perkinscoie.com
`TBowen@perkinscoie.com
`ACandeloro@perkinscoie.com
`patentprocurement@perkinscoie.com
`
`
`
`
`Dated: September 8, 2017
`
`
`
`
`
`
`
`James R. Donnelly
`/s/
`James R. Donnelly, Paralegal
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611
`Attorneys for Petitioner
`
`
`
`
`
`

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