throbber
John L. Smith, Ph.D.
`NIVG Consulting, LLC
`9042 NW Murdock St.
`Portland, OR 97229
`
`
`
`PROFESSIONAL EXPERIENCE
`
`Consultant (Principal, NIVG Consulting, LLC 2015-Present)
`
`
`
`1998-2004, 2006-Present
`
`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
`
`President and CEO
`2005-2006
`
`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
`
`
`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
`
`
`Baker Instruments Corporation Allentown, PA
`
` 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
`
`1984-1987
`
`
`
`AGAMATRIX, INC. EXHIBIT NO. 1004
`Page 1 of 4
`
`

`

`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.
`
`
`Technicon Instruments Corporation (now Siemens) Tarrytown, NY
`
`
`
`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
`
`1974-1978
`
`
`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.
`
`
`Additional Full-time Positions Held Prior to or During Graduate School:
`
`
` 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.
`
`1970-1974
`
`
`EDUCATION:
`
`Ph.D. Analytical Chemistry, University of Illinois, Urbana, IL 1970. Thesis topic:
`
` 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):
`
`
`
`
`
`
`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
`
`
`
`
`
`
`
`
`AGAMATRIX, INC. EXHIBIT NO. 1004
`Page 2 of 4
`
`

`

`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
`
`
`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
`
`
`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/
`
`
`MEMBERSHIPS AND ASSOCIATIONS:
`
` 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:
`
`
`
`
` 1964 - present
`1986 - 1987
`1991 - 1997
`1993-2012
`1997-2012
`2009-2014
`
`AGAMATRIX, INC. EXHIBIT NO. 1004
`Page 3 of 4
`
`

`

`
`OTHER ACTIVITIES
`
`
`
`
`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.
`
`
`
`
`
`AGAMATRIX, INC. EXHIBIT NO. 1004
`Page 4 of 4
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket