UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`
`Before The Honorable Clark S. Cheney
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN TOBACCO HEATING
`ARTICLES AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-1199
`
`JOINT CLAIM CONSTRUCTION CHART
`
`Pursuant to Ground Rule 7.1, Complainants RAI Strategic Holdings, Inc., R.J. Reynolds
`
`Vapor Company, and R.J. Reynolds Tobacco Company; Respondents Altria Client Services
`
`LLC, Altria Group, Inc., Philip Morris USA, Philip Morris International Inc., and Philip Morris
`
`Products S.A.; and the Commission Investigative Staff jointly submit the following chart of
`
`disputed constructions. There are no agreed constructions at this time but the Parties were able
`
`to reduce the number of terms for construction as part of the claim construction exchange
`
`process.
`
`Patent
`
`Claim Term
`
`9,930,915
`
`“a receiving
`end for
`receiving an
`engaging end
`of the
`disposable
`smoking article
`and having an
`electrical
`energy source”
`
`(Claim 1)
`
`Complainants’
`Proposed
`Construction
`“a portion of the
`control housing for
`receiving an
`engaging end of the
`disposable smoking
`article and having
`an electrical energy
`source”
`
`Respondents’
`Proposed
`Constructions
`“a portion of the
`control housing for
`receiving an
`engaging end of the
`disposable smoking
`article and
`containing an
`electrical energy
`source”
`
`Investigative
`Staff’s Proposed
`Construction
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`construed as “a
`portion of the
`control housing for
`receiving an
`engaging end of the
`disposable smoking
`article and having
`an electrical energy
`
`Philip Morris Products, S.A.
`Exhibit 1038
`PMP v. RAI
`IPR2020-00919
`
`Ex. 1038-001
`
`
`WASHINGTON, DC
`
`Before The Honorable Clark S. Cheney
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN TOBACCO HEATING
`ARTICLES AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-1199
`
`JOINT CLAIM CONSTRUCTION CHART
`
`Pursuant to Ground Rule 7.1, Complainants RAI Strategic Holdings, Inc., R.J. Reynolds
`
`Vapor Company, and R.J. Reynolds Tobacco Company; Respondents Altria Client Services
`
`LLC, Altria Group, Inc., Philip Morris USA, Philip Morris International Inc., and Philip Morris
`
`Products S.A.; and the Commission Investigative Staff jointly submit the following chart of
`
`disputed constructions. There are no agreed constructions at this time but the Parties were able
`
`to reduce the number of terms for construction as part of the claim construction exchange
`
`process.
`
`Patent
`
`Claim Term
`
`9,930,915
`
`“a receiving
`end for
`receiving an
`engaging end
`of the
`disposable
`smoking article
`and having an
`electrical
`energy source”
`
`(Claim 1)
`
`Complainants’
`Proposed
`Construction
`“a portion of the
`control housing for
`receiving an
`engaging end of the
`disposable smoking
`article and having
`an electrical energy
`source”
`
`Respondents’
`Proposed
`Constructions
`“a portion of the
`control housing for
`receiving an
`engaging end of the
`disposable smoking
`article and
`containing an
`electrical energy
`source”
`
`Investigative
`Staff’s Proposed
`Construction
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`construed as “a
`portion of the
`control housing for
`receiving an
`engaging end of the
`disposable smoking
`article and having
`an electrical energy
`
`Philip Morris Products, S.A.
`Exhibit 1038
`PMP v. RAI
`IPR2020-00919
`
`Ex. 1038-001
`
`
`
`Investigative
`Staff’s Proposed
`Construction
`source”
`“receptacle that
`provides for
`transmission of
`electrical current
`from the power
`source to the
`heating member”
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`given its plain and
`ordinary meaning,
`e.g., “current
`regulating circuit”
`
`Patent
`
`Claim Term
`
`Complainants’
`Proposed
`Construction
`
`Respondents’
`Proposed
`Constructions
`
`9,930,915
`
`“electrical
`energy source”
`
`(Claims 1, 3)
`
`9,930,915
`
`“flow
`regulating
`component”
`
`(Claim 1)
`
`“a receptacle that
`provides for
`transmission of
`electrical energy
`from the power
`source to the
`heating member”
`“circuitry that
`adjusts the electrical
`energy supplied to
`the heating
`member”
`
`Indefinite
`
`This term is
`governed by 35
`U.S.C. § 112, sixth
`paragraph.
`
`Function:
`Regulating a
`previously initiated
`current flow from
`the electrical
`energy source to
`the electrical
`heating member.
`
`Corresponding
`structure: A time-
`based current
`regulating circuit
`can include a
`transistor, a timer,
`a comparator, and a
`capacitor,
`including timers
`available from
`NEC Electronics as
`C-1555C, from
`General Electric
`Intersil, Inc. as
`ICM7555, and
`“555 Timers,” and
`comparators
`available from
`“National
`Semiconductor as
`LM311,” and
`
`
`
`2
`
`Ex. 1038-002
`
`
`
`Patent
`
`Claim Term
`
`Complainants’
`Proposed
`Construction
`
`9,839,238
`
`“shell”
`
`(Claims 1, 4,
`19)
`
`“a portion of the
`control body that
`houses interior
`components”
`
`
`Respondents’
`Proposed
`Constructions
`equivalents thereof.
`See ’915 patent at
`33:27-29, 31-39.
`
`Otherwise, the term
`is indefinite.
`“outer body”
`
`9,839,238
`
`“pressure
`channel”
`
`(Claims 1, 2, 3,
`8, 9, 19, 20)
`
`“a passageway that
`communicates a
`change in pressure”
`
`“a passageway for
`communicating a
`pressure change”
`
`9,839,238
`
`“air inlet
`channel”
`
`(Claims 5, 6, 8,
`9, 19, 20)
`
`“a passageway that
`communicates
`outside air into the
`device”
`
`
`“a passageway
`adapted to
`distribute drawn,
`ambient air”
`
`Investigative
`Staff’s Proposed
`Construction
`
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`given its plain and
`ordinary meaning,
`e.g., “outer body”
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`given its plain and
`ordinary meaning,
`e.g., “passageway
`communicating a
`pressure change”
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`given its plain and
`ordinary meaning,
`e.g., “passageway
`adapted to
`distribute drawn,
`ambient air”
`
`
`
`3
`
`Ex. 1038-003
`
`
`
`Patent
`
`Claim Term
`
`9,839,238
`
`
`
`“the first end
`of the pressure
`channel is
`spatially
`separated from
`the air inlet
`channel
`relative to the
`longitudinal
`axis of the
`coupler”
`
`(Claims 8, 19)
`
`Respondents’
`Proposed
`Constructions
`“the first end of the
`pressure channel is
`longitudinally
`separated from the
`air inlet channel”
`
`Complainants’
`Proposed
`Construction
`“the first end of the
`pressure channel is
`spaced apart from
`the air inlet channel
`in a direction at
`least radial to the
`longitudinal axis of
`the coupler”
`
`
`
`Investigative
`Staff’s Proposed
`Construction
`Construction of this
`term is
`unnecessary. If
`construction is
`required, however,
`this term should be
`construed as “the
`first end of the
`pressure channel is
`longitudinally
`separated from the
`air inlet channel”
`
`
`
`Dated: August 13, 2020
`
`/s/ Brenda L. Danek
`Maximilian A. Grant
`Bert C. Reiser
`Matthew J. Moore
`Jamie D. Underwood
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W.
`Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`
`Brenda L. Danek
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Telephone: (312) 876-7700
`Facsimile: (312) 993-9767
`
`Counsel for Respondents Altria Client
`Services LLC, Altria Group, Inc., Philip
`Morris USA, Inc., Philip Morris
`International Inc., and Philip Morris
`Products S.A.
`
`
`
`4
`
`
`
`
`
`Respectfully submitted,
`
`/s/ David M. Maiorana
`David M. Maiorana
`Ryan B. McCrum
`Kenneth S. Luchesi
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Tel: (216) 586-3939
`Fax: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
`Email: kluchesi@jonesday.com
`
`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`Tel: (404) 521-3939
`Fax: (404) 581-8330
`Email: separker@jonesday.com
`
`Anthony M. Insogna
`JONES DAY
`4655 Executive Drive
`Suite 1500
`
`Ex. 1038-004
`
`
`
`San Diego, CA 92121
`Tel: (858) 314-1200
`Fax: (844) 345-3178
`Email: aminsogna@jonesday.com
`
`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Tel: (212) 326-3939
`Fax: (212) 755-7306
`Email: jjnormile@jonesday.com
`
`Counsel for Complainants
`RAI Strategic Holdings, Inc.,
`R.J. Reynolds Vapor Company, and
`R.J. Reynolds Tobacco Company
`
`
`
`/s/ Sarah J. Sladic
`Margaret D. Macdonald, Director
`Anne Goalwin, Supervisory Attorney
`Sarah J. Sladic, Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street SW, Suite 401
`Washington, DC 20436
`202-205-2202
`202-205-2158 (facsimile)
`
`
`
`
`
`
`5
`
`
`
`Ex. 1038-005
`
`
`
`
`
`
`
`The Honorable Clark S. Cheney
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street S.W.
`Washington, DC 20436
`Cheney337@usitc.gov
`
`Sarah Sladic, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street S.W., Room 401
`Washington, DC 20436
`sarah.sladic@usitc.gov
`
`
` Via U.S. Mail
` Via Hand Delivery
` Via Overnight Courier
` Via Facsimile
` Via Electronic Mail
`
` Via U.S. Mail
` Via Hand Delivery
` Via Overnight Courier
` Via Facsimile
` Via Electronic Mail
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 13, 2020 unless otherwise indicated, one copy of the
`
`foregoing was filed/served on the following:
`
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street S.W., Room 112
`Washington, DC 20436
`
` Via U.S. Mail
` Via Hand Delivery
` Via Overnight Courier
` Via Facsimile
` Via Electronic Mail - EDIS
`
`
`Counsel for Respondents Altria Client Services LLC; Altria Group, Inc.; Philip Morris USA,
`Inc.; Philip Morris Products SA; Philip Morris International Inc.
`Maximilian A. Grant
` Via U.S. Mail
`LATHAM & WATKINS LLP
` Via Hand Delivery
`555 Eleventh Street, NW, Suite 1000
` Via Overnight Courier
` Via Facsimile
`Washington, DC 20004
`pmiitc.lwteam@lw.com
` Via Electronic Mail
`
`
`
`
`
`
`
`
`
`/s/ Diane L. Hughes
`Diane L. Hughes
`
`
`
`
`
`
`
`
`
`Ex. 1038-006
`
`
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