`NIVG Consulting, LLC
`9042 NW Murdock St.
`Portland, OR 97229
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`
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`PROFESSIONAL EXPERIENCE
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`Consultant (Principal, NIVG Consulting, LLC 2015-Present)
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`
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`1998-2004, 2006-Present
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`Independent consultant in the areas of analytical chemistry, clinical chemistry, blood glucose monitoring,
`noninvasive blood measurements, grape growing, winemaking, patent prosecution and litigation.
`Performed technological evaluations for invasive and noninvasive monitoring of blood glucose. I have
`consulted for more than 50 blood glucose companies or their investors. Qualified in U.S. Federal Court as
`an expert witness in the fields of Clinical Chemistry, Blood Glucose Monitoring, Cholesterol Testing, Dry
`Chemistry Test Strip Technology and the Chemistry of Wine. I have participated as an expert witness in
`patent infringement litigation, including consulting, expert reports, depositions, and court testimony in
`Markman hearings, arbitrations, bench trials, jury trials, Inter Partes Reviews, and International Trade
`Commission actions in 29 separate engagements.
`
`
`Fovioptics, Inc. Santa Clara, CA
`
`2003-2004
` Consultant
`2004-2005
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`President and CEO
`2005-2006
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`Sr. VP and Chief Technical Officer
`Exited retirement to become early-stage CEO for a startup company developing a noninvasive glucose
`monitor. Obtained Series B financing ($4.35M), relocated company to Santa Clara from Lexington, KY,
`completed feasibility and proof of principle studies, hired professional CEO and professional staff,
`assisted in obtaining Series C financing ($19.7M). Returned over $17M to investors when the technology
`was found not to be commercially viable.
`
`2003-2006
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`LifeScan. Inc. (Johnson & Johnson) Milpitas, CA
`
`1995-1998
` Vice President and Chief Scientific Officer
`1994-1995
` Worldwide Vice President, R, D & E
`1987-1994
` Vice President, R, D & E
` Responsible for the invention, research and development of novel technology for the world market leader in
`blood glucose monitoring. Directed the activities of 180 professionals in applied and advanced research and
`in product development. Conducted fundamental research into noninvasive techniques for measurement of
`blood glucose, both in-house and through research contracts worldwide. Evaluated over 100 technologies
`intended for noninvasive measurement of blood glucose. Managed research and development efforts for
`new products and technology to enable diversification of LifeScan’s product line. Responsible for the
`establishment and maintenance of LifeScan’s patent portfolio, and liaison with corporate and outside
`counsel for all patent infringement litigation. Retired in 1998.
`
`1987-1998
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`
`Baker Instruments Corporation Allentown, PA
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` Vice President, R, D & E - Responsible for entire development process, from conception to pilot production
`of new instruments for clinical chemistry and hematology; development and implementation of new
`analytical procedures, improved clinical methods, and reagent formulations. Directed the activities of 30
`professionals, including engineers, chemists, and scientists from technician to Ph.D. level. Responsible for
`negotiation of research contracts and licensing arrangements for new technology in physicians' office test
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`1984-1987
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`AGAMATRIX, INC. EXHIBIT NO. 1004
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`kits, allergy research, and novel immunoassay techniques. Budget responsibility for $4.5 million annual
`expense budget, including administration of research contracts. Planning, scheduling and cost estimation for
`new projects.
`
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`Technicon Instruments Corporation (now Siemens) Tarrytown, NY
`
`
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`Staff Systems Engineer (1978-1982) - Directed a research and engineering group to extract revenue-
`producing products from proprietary but unexploited technology. Developed fundamentals which led to the
`development of the RA-1000 Analyzer, led the team that developed the Chem-1 Analyzer.
` Director, Decentralized Testing Technology (1982-1984) - Responsibility for about fifty percent of the
`Applied Research program, including semiconductor biosensors, dry chemistry technology, and colorimetric
`methods for sodium and potassium. Technical member of negotiating team to develop a joint venture with a
`major Japanese chemistry company. Extensive contact with and administration of academic research
`programs and contract research projects.
`
`1978-1984
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`1974-1978
`
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`Princeton Applied Research Corporation (EG&G) Princeton, NJ
`
` Manager, Product Development - Directed a group of 14 engineers in the development of electrochemical
`analytical instruments for research, quality control, corrosion and chromatography. Inventor of the static
`mercury drop electrode which allowed significant increases in sensitivity of electrochemical analysis.
`Developed the first microprocessor-controlled electroanalytical instrument and wrote the assembly-language
`software for the user interface, calculation and presentation of results.
`
`
`Union Carbide Corporation Tarrytown, NY
`
`
` Analytical Chemist - Developed methods and performed analysis for organic functional groups, trace
`metals, silicones, and polymers for research support, competitive products, and customer technical support.
`
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`Additional Full-time Positions Held Prior to or During Graduate School:
`
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` Hospital laboratory chemist and computer systems analyst; supervisor of raw material quality control for a
`pharmaceutical company; chief technician for a feed and fertilizer analytical laboratory.
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`1970-1974
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`EDUCATION:
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`Ph.D. Analytical Chemistry, University of Illinois, Urbana, IL 1970. Thesis topic:
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` Analysis of Polymers via Photolysis-Gas Chromatography (R.S. Juvet)
`
` B.S. Chemistry, Butler University, Indianapolis, IN 1966.
`
`U.S. PATENTS (most with foreign counterparts):
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`4,142,944 Apparatus and Method for Effluent Stream Analysis (Liquid Chromatography Detector)
`4,260,467 Static Mercury Drop Electrode (Analytical system for electrochemistry)
`4,422,773 Apparatus and Method for the Non-Invasive Mixing of a Flowing Stream (mixing coil for
`blood analyzers)
`4,515,753 Integral Reagent Dispenser (Reagent Container for Technicon Chem-1)
`4,602,995 Liquid Level Adjusting and Filtering Device (Sample tube for blood serum)
`4,853,336 Apparatus for Random-Access Continuous-Flow Analysis (Technicon Chem-1 system)
`5,526,120 Test Strip with an Asymmetrical End Insuring Correct Insertion for Measuring (SureStep
`Blood Glucose Test Strip)
`5,753,452 Reagent Test Strip for Blood Glucose Determination (One Touch Test Strip)
`5,972,294 Reagent test strip for determination of blood glucose (One Touch Test Strip)
`9,448,164 Systems and Methods for Noninvasive Blood Glucose and Other Analyte Detection and
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`Measurement Using Collision Computing
`9,448,165 Systems and Methods for Control of Illumination or Radiation Collection for Blood Glucose
`and Other Analyte Detection and Measurement Using Collision Computing
`9,453,794 Systems and Methods for Blood Glucose and Other Analyte Detection and Measurement
`Using Collision Computing
`9,459,201 Systems and Methods for Noninvasive Blood Glucose and Other Analyte Detection and
`Measurement Using Collision Computing
`9,459,202 Systems and Methods for Collision Computing For Detection and Noninvasive Measurement
`of Blood Glucose and Other Substances and Events
`9,459,203 Systems and Methods for Generating and Using Projector Curve Sets for Universal Calibration
`for Noninvasive Blood Glucose and Other Measurements
`9,554,738 Spectroscopic Tomography Systems and Methods for Noninvasive Detection and
`Measurement of Analytes Using Collision Computing
`9,610,018 Systems and Methods for Measurement of Heart Rate and other Heart-Related Characteristics
`from Photoplethysmographic (PPG) Signals Using Collision Computing
`
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`PUBLISHED U.S. PATENT APPLICATIONS:
`
`
`20050010091A1: Non-invasive measurement of blood glucose using retinal imaging (use of regeneration
`rate of visual pigments in the retina to measure blood glucose), and continuations 20050245796A1,
`US20060020184A1, US20050267344A1, 20050267343A1
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`
`SCIENTIFIC PUBLICATIONS
`
`
`John L. Smith and Benjamin T. Williams, “Interface for the Technicon SMA 12/60 Autoanalyzer with
`the Linc-8 Labcom System,” DECUS Proceedings Spring 1969, 325- 329 (1969).
`Richard S. Juvet, Jr., John L. S. Smith, and Kuang-Pang Li, “Polymer Identification and Quantitative
`Determination of Additives by Photolysis-Gas Chromatography,” Anal. Chem. 44, 49-56 (1972).
`John Smith, Dario Svenjak, John Turrell, and Dan Vlastelica, “An Innovative Technology for ‘Random-
`Access’ Sampling,” Clinical Chemistry 28, 1867-1872 (1982).
`John L. Smith, Mark J. Rice, “Why Have So Many Intravascular Glucose Monitoring Devices Failed?” J
`Diabetes Sci Technol July 2015 9: 782-791, doi:10.1177/1932296815587013.
`Yafen Liang, John L. Smith, Mark J. Rice, “Emerging Technologies: Let’s Not Jump the Gun,” Anesth
`Analg, 124:3 1372 (2017)
`Rice, Mark J, John L. Smith, Douglas B. Coursin, “Glucose Measurement in the ICU: Regulatory
`Intersects Reality,” Critical Care Medicine: April 2017 - Volume 45 - Issue 4 - p 741–743.
`Rice, Mark J.; Smith, John L.; Coursin, Douglas B. “The authors reply” Critical Care
`Medicine. 45(11):e1188-e1189, November 2017.
`Book: John L. Smith, The Pursuit of Noninvasive Glucose: “Hunting the Deceitful Turkey” (6th Edition,
`2018). https://www.nivglucose.com/
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`MEMBERSHIPS AND ASSOCIATIONS:
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` American Chemical Society
` Greiner Instruments Scientific Advisory Board, Langenthal, Switzerland
` Adjunct Professor of Chemistry, San José State University
`
`El Dorado Winery Association
`Fair Play Winery Association (President, 2000-2001)
`El Dorado County Agricultural Commission:
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` 1964 - present
`1986 - 1987
`1991 - 1997
`1993-2012
`1997-2012
`2009-2014
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`OTHER ACTIVITIES
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`Founder and founding winemaker, Oakstone Winery, Inc. and Obscurity Cellars, Fair Play, CA.
`Owner, Paso Vista Vineyard, Fair Play, CA.
`Instructor, San José State University: Advanced Analytical Chemistry, Patents in Chemistry, and The
`Chemistry of Wine (uncompensated appointment).
`United Way Campaigns—Company and community chairman.
`Pioneer Fire Protection District—long-range planning committee, ordinance committee, hosted 30
`firefighter fund-raising events.
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`AGAMATRIX, INC. EXHIBIT NO. 1004
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