IPR2024-00267
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`NJOY, LLC, and
`NJOY Holdings, INC.,
`Petitioners,
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`v.
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`JUUL Labs, INC.,
`Patent Owner
`________________
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`Case IPR2024-00267
`U.S. Patent No. 11,134,722
`________________
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`DECLARATION OF DR. JOHN COLLINS
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`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
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`JLI Ex. 2001
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`NJOY, LLC, and
`NJOY Holdings, INC.,
`Petitioners,
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`v.
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`JUUL Labs, INC.,
`Patent Owner
`________________
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`Case IPR2024-00267
`U.S. Patent No. 11,134,722
`________________
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`DECLARATION OF DR. JOHN COLLINS
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`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
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`I have been retained on behalf of JUUL Labs, Inc. (“Patent Owner”) in
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`1.
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`connection with the above-captioned inter partes review (IPR). I have been retained
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`to provide my opinions in support of Patent Owner’s Preliminary Response. I am
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`being compensated for my time at the rate of $450 per hour. I have no interest in
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`the outcome of this proceeding.
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`2.
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`In preparing this declaration, I have reviewed and am familiar with the
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`Petition for IPR2024-00267, U.S. Patent No. 11,134,722 (“the ’722 patent”) and its
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`file history, and all other materials cited and discussed in the Petition (including the
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`declaration of Petitioner’s expert James Janet, Ph.D.), and cited and discussed in this
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`Declaration.
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`3.
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`The statements made herein are based upon my own knowledge and
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`opinion. This Declaration represents only the opinions I have formed to date. I may
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`consider additional documents as they become available or other documents that are
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`necessary to form my opinions. I reserve the right to revise, supplement, or amend
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`my opinions based on new information and on my continuing analysis.
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`I.
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`QUALIFICATIONS
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`4.
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`I have been employed since 2008 at the Consortia for Improving
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`Medicine with Innovation and Technology (“CIMIT”) and am currently the Director
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`of Innovation Platforms. CIMIT is a non-profit consortium of Boston’s leading
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`teaching hospitals and universities along with a growing network of national and
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`international affiliates. CIMIT is an operating unit within Massachusetts General
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`Hospital where I have a faculty appointm ent.
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`5. Much of my responsibility at CIMIT is to facilitate collaboration among
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`scientists, engineers, clinicians, and entrepreneurs to speed the discovery,
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`development, and implementation of medical innovations into practice. I focus on
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`assisting investigators in moving technologies from the lab into products and
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`services that improve patient care. My current focus has been on developing and
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`implementing CIMIT’s CoLab and GAITS platforms in collaboration with CIMIT’s
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`many collaborators.
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`6.
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`By way of example of CIMIT’s work, it was recently responsible for
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`the National Institute of Biomedical Imaging and Bioengineering (NIBIB)
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`sponsored RADx Tech program. The program has committed more than $1.5 Bn to
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`develop and accelerate the commercialization of innovative point of care SARS-
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`CoV-2 (COVID) tests into practice. That program supported more than 100
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`organization and resulted in 55 FDA authorized tests, including the 1st over-the-
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`counter test for home use, and the production of over 7 billion tests1.
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`7.
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`Also since 2008, I have been the Chief Technology and Innovation
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`Officer for Reed Collins, LLC. At Reed Collins I provide consulting as an expert
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`witness as well as to non-profits and as start-ups. Non-profit clients include EIT
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`Health in Europe, Oxford University in the UK, and Howard University in the US.
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`8.
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`I received a Ph.D. (1988) and M.S. (1982) in mechanical engineering
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`from the Massachusetts Institute of Technology (“MIT”), as well as a B.S. (1980) in
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`mechanical engineering, with a minor in economics, from Rensselaer Polytechnic
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`Institute (“RPI”). At MIT, I worked in the Fluids Lab under the direction of
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`Professors Asher Shapiro and Roger Kamm. My academic work focused on
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`mechanical engineering with a concentration on fluid dynamics and heat/mass
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`transfer, with my Ph.D. and M.S. theses applying these principles to pulmonary
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`dynamics. My M.S. thesis was on high frequency ventilation: at the time a novel
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`way to ventilate babies without over-pressurization of the lung, avoiding damage to
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`the lung during ventilator assist. My Ph.D. thesis was on analytical and numerical
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`1 See NIH Website, accessed 2/28/2024: https://www.nibib.nih.gov/covid-19/radx-
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`tech-program
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`modeling of forced exhalation from the lung. The results were a computational
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`model of the lung that allowed for more sophisticated diagnostics based on the
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`results of the simple Forced Expiration Pulmonary Function (“FEPF”) test.
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`9.
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`I now have over 40 years of product design, development, and
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`consulting experience covering a wide range of industries and products. Over that
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`time, I have had a consistent focus on medical devices and related technologies,
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`which includes my particular expertise in design, fluid mechanics and heat/mass
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`transfer. In addition to doing engineering work, my responsibilities have included
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`assembling and managing teams to develop new consumer, industrial and medical
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`products.
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`10.
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`I also have experience as an innovator and inventor. I am a named
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`inventor on more than twenty U.S. patents, with foreign counterparts in addition, on
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`new products and manufacturing processes. My CV is attached as Exhibit 2002 and
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`contains a list of my US Patents and all the publications that I have authored in the
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`last 10 years.
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`11. Prior to my time at CIMIT and Reed Collins LLC in 2008, I held
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`various leadership positions at technology and product development companies.
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`From 1982-1986, I worked at Booz, Allen & Hamilton, where I developed a number
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`of consumer and industrial products. After taking time to return to MIT and
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`complete my Ph.D., I was then employed by Arthur D. Little (“ADL”) until 1988. I
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`then joined ADL as a design engineer and helped form its medical products business.
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`I progressed to being responsible for the Technology and Innovation (“T&I”)
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`Directorate, with more than 250 staff as Sr Vice President until 2002.
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`12. From 2002-2008, I worked in close collaboration with CEO and owner,
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`Dr. Kenan Sahin, to form TIAX LLC from the resources of the ADL T&I
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`Directorate. TIAX is and was a privately held technology transformation
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`organization
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`focused on advancing and developing
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`technologies
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`for
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`commercialization in several core technology areas, including clean energy and
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`materials, health and wellness, appliances and HVAC systems, and enhanced
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`security. During my tenure at TIAX, part of which I served as president, the World
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`Economic Forum recognized TIAX as a Technology Pioneer in 2002 and as a New
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`Champion in 2007.
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`13. My experiences cover a broad technology base across a diverse set of
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`industries, including in the areas of medical devices, energy, consumer products,
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`emission technology for automobiles, and alternative smoking products.
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`14. By way of example, while at ADL, I worked with an operating unit
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`within Philip Morris USA (“PM USA”) called Chrysalis Technologies, Inc.
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`(“Chrysalis”) on an alternative smoking product that was battery-powered and puff-
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`activated. Also, while at ADL, and then continuing that work at TIAX, I continued
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`that work with Chrysalis on several related projects. These projects built off of and
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`utilized the prior capillary aerosol generator research and development at PM USA
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`and Chrysalis (the results of which are reflected in patents such as U.S. Pat. No.
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`5,743,251 to Howell et al.; U.S. Pat. No. 6,501,052 to Cox et al.; and U.S. Pat. No.
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`6,491,233 to Nichols) and applied it to efforts to atomize very low flow rates of
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`liquid fuel for efficient combustion. One application was for a low-power, fuel based
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`electric power generator (U.S. Pat. App. No. 2006/0093977 to Pellizzari I), and
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`another was for a clean emission “coldstart” fuel injector for automobiles (U.S. Pat.
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`No. 7,059,307 to Pellizzari II).
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`15. By way of further examples of products that I have worked on, I worked
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`with Baxter Healthcare to develop a blood/fluid warmer based on the analytical
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`optimization of the thermal performance of “conventional” resistance heating
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`technology; Bausch & Lomb to develop a microsurgical fluid delivery system that
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`allowed the surgeon to control the flow or pressure of irrigation fluid; and Johnson
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`& Johnson to develop Trocars and clip appliers for minimally invasive surgery.
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`16.
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`I have also performed services in numerous patent disputes as an
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`independent technical expert and consultant and as an expert witness. I have
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`consulted as an expert in matters involving the design of a variety of medical devices.
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`See Exhibit 2002 for a list of matters in which I have offered expert opinions or
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`testified in court in the last 4 years as well as all prior e-cigarette cases in which I
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`testified or offered expert opinions. In total, I have worked on, testified or offered
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`expert opinions in eight other e-cigarette matters.
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`II. LEGAL UNDERSTANDING
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`A. The Person of Ordinary Skill in the Art
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`17.
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`I understand that a person of ordinary skill in the relevant art at the time
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`of the invention (also referred to herein as “ordinary artisan”) is presumed to be
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`aware of all pertinent art, thinks along conventional wisdom in the art, and is a person
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`of ordinary creativity—not an automaton.
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`18.
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`I have been asked to consider the level of ordinary skill in the field that
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`someone would have had at the time the claimed invention was made. In deciding
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`the level of ordinary skill, I considered the following:
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`• the levels of education and experience of persons working in the
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`field;
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`• the types of problems encountered in the field; and
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`• the sophistication of the technology.
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`19. A person of ordinary skill in the art relevant to the ’722 patent at the
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`time of the invention would have a B.S. in mechanical engineering, electrical
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`engineering, or an equivalent degree, and either at least two years of experience
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`designing electro-mechanical consumer products or an advanced degree in
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`mechanical engineering, electrical engineering, or an equivalent field. More
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`education can substitute for practical experience and vice versa.
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`20.
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`I have reviewed the declaration of Dr. Janet, including his opinions
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`regarding the Person of Ordinary Skill in the Art. Dr. Janet provides a similar
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`definition of a POSITA: “at least a B.S. degree in Mechanical Engineering,
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`Electrical Engineering, Industrial Design, Product Design, or similar field, with at
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`least two years of industry experience in one of those fields, and such POSA would
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`have been familiar with electrically powered vaporizing articles, their components
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`or the underlying technologies.” Ex. 1005 ¶ 20.
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`21. My opinions set forth in this Declaration would be the same under
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`either my or Dr. Janet’s proposal.
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`22.
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`I am well-qualified to determine the level of ordinary skill in the art and
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`am personally familiar with the technology of the ’722 patent. I was a person of at
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`least ordinary skill in the art at the time of the priority date of the ’722 patent
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`regardless of which definition used. Regardless, if I do not explicitly state that my
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`statements below are based on this timeframe, all of my statements are to be
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`understood as an ordinary artisan would have understood something as of the priority
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`date of the ’722 patent.
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`B. Legal Principles
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`23.
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`I am not a lawyer and will not provide any legal opinions. Though I
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`am not a lawyer, I have been advised that certain legal standards are to be applied
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`by technical experts in forming opinions regarding the meaning and validity of
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`patent claims.
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`1.
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`Obviousness
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`24.
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`I understand that to obtain a patent, a claimed invention must have, as
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`of the priority date, been nonobvious in view of prior art in the field. I understand
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`that an invention is obvious when the differences between the subject matter sought
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`to be patented and the prior art are such that the subject matter as a whole would
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`have been obvious at the time the invention was made to a person having ordinary
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`skill in the art.
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`25.
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`I understand that to prove that prior art, or a combination of prior art,
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`renders a patent obvious, it is necessary to: (1) identify the particular references that
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`singly, or in combination, make the patent obvious; (2) specifically identify which
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`elements of the patent claim appear in each of the asserted references; and (3) explain
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`how the prior art references could have been combined to create the inventions
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`claimed in the asserted claim. I further understand that the party advocating
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`obviousness has the burden to show both a motivation to combine the prior art
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`references, as well as a reasonable expectation of success in achieving the
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`combination.
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`26.
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`I understand that a patent composed of several elements is not proved
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`obvious merely by demonstrating that each of its elements was, independently,
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`known in the prior art, and that obviousness cannot be based on the hindsight
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`combination of components selectively culled from the prior art to fit the parameters
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`of the patented invention.
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`27.
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`I also understand that a reference may be said to teach away when a
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`person of ordinary skill, upon reading the reference, would be discouraged from
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`following the path set out in the reference, or would be led in a direction divergent
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`from the path that was taken by the applicant. Even if a reference is not found to
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`teach away, I understand its statements regarding preferences are relevan t to a
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`finding regarding whether a skilled artisan would be motivated to combine that
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`reference with another reference.
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`2. My Understanding of Claim Construction Law
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`28.
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`I have been informed that patent claims are construed from the
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`viewpoint of a person of a ordinary artisan and that patent claims generally should
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`be understood consistent with their ordinary and customary meaning at the time of
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`the invention. A review of the patent claim language, the patent specification, and
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`its prosecution history are also necessary to determine the proper meaning and scope
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`of the term at issue.
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`29.
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`I have further been informed that in the specification and prosecution
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`history the patentee may define a claim term in a way that differs from the ordinary
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`and customary meaning. I understand that during prosecution of the patent before
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`the U.S. Patent and Trademark Office, the Applicant may make representations or
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`provide definitions of terms that may affect the scope of the patent claims. In
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`particular, the Applicant may, during the course of prosecution, limit the scope of
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`the claims to overcome prior art and/or disavow claim coverage by making clear and
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`unambiguous statements to that effect.
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`30.
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`I have been informed that a ordinary artisan may, among other things,
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`consider dictionaries, publications, other patents, and treatises (i.e., “extrinsic
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`evidence”). I understand that extrinsic evidence may generally not be relied on if it
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`contradicts the meaning of claim language provided by the intrinsic evidence, such
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`as express definitions given for terms in the specification.
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`3.
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`Secondary Considerations of Non-Obviousness
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`31.
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`I understand that one of the factual inquiries when determining the
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`obviousness of a patent is to consider objective evidence related to the issue of
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`obviousness, sometimes called “secondary considerations of non-obviousness” or
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`“objective indicia of non-obviousness.” I understand that such evidence can often
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`be probative of the issues of obviousness.
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`32.
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`I understand that examples of objective evidence include (1)
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`commercial success, (2) copying, (3) industry praise, (4) skepticism, (5) long-felt
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`but unsolved need, and (6) failure of others.
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`33.
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`I understand that there must be a nexus between the patented invention
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`and the evidence of secondary considerations. I further understand that there is a
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`presumption of such a nexus if the claims of the patent are coextensive with a product
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`or products that are the subject of the secondary considerations evidence. I further
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`understand that in order for a claim to be coextensive with a product, one must look
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`at the claims at the whole and not just the new claimed feature. In addition, the
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`claimed invention should not be merely a subcomponent of the products sold but
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`should encompass the entire apparatus.
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`III. OVERVIEW OF THE ’722 PATENT
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`34. The ’722 patent, titled “Vaporizer,” is directed to rechargeable
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`vaporizers or electronic cigarettes that consist of two primary components: a “battery
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`portion” and a “cartomizer.” ’722 patent (Ex. 1001) at Abstract, 2:15-22, 5:7-12.
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`The battery portion comprises an outer shell that forms “a battery segment and a
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`cartomizer receiving segment,” where the cartomizer receiving segment defines a
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`“chamber” for receiving the cartomizer body. Id. at 1:48-54. The cartomizer body
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`includes several key elements: a volume for storing a vaporizable substance, a
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`wicking element, a heating element, a mouthpiece, and cartomizer electrical
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`contacts. These electrical contacts direct current to the heating element when the
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`cartomizer body is received by the chamber defined by the cartomizer receiving
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`segment. Id. at 1:54-2:11, 8:47-49.
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`35. The ’722 patent describes its invention as advancing the art of
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`electronic cigarettes and vaporizers by including charging contacts at the end of the
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`battery portion rather than within the chamber defined by the cartomizer receiving
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`segment. This allows the device to “be operated in its typical fashion during the
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`recharging of the battery.” Id. at 15:16-29.
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`36. Figure 1 shows important features of the ’722 patent:
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`Id. at Figs. 1, 1A-C. A battery portion 100 and a cartomizer 200 connect together to
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`comprise the complete vaporizer device. Id. at 4:47-50. The battery portion contains
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`a battery housing segment 102 at a distal end (relative to the user), and a cartomizer
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`receiving segment 104 at a proximal end. Id. at 4:50-54. An outer shell 106 is
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`commonly shared by the battery housing segment and the cartomizer receiving
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`segment.
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`37. An internal reservoir defined by the body of the cartomizer holds a
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`vaporizable liquid. Id. at 8:35-37. The body includes a heating element and wick.
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`Id. at 8:47-49. The wick delivers the vaporizable fluid to the heating element, and
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`the heating element then vaporizes the fluid. Id. at 8:56-9:1.
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`38. Figure 8 depicts charging contacts 160 located at the bottom:
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`Id. at Fig. 8; 13:15-21. Locating the contacts here allows the battery to charge while
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`the device is operated. Id. at 15:16-29.
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`IV. OVERVIEW OF THE CITED PRIOR ART
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`1.
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`Pan
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`39. U.S. Patent No. 8,205,622 (Ex. 1024) (“Pan”) is entitled “Electronic
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`Cigarette” and was filed on May 7, 2009. Pan discloses that the electronic cigarette
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`has two tubes that resemble a conventional cigarette: an electronic inhaler and an
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`electronic atomizer. Pan at Abstract. These two components are held together and
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`electrically coupled through either a screw thread connection or DC plugs. The
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`components each have a circular cross section with similar diameters. Id. at 5:50-
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`67. For example, Pan’s Figure 2 discloses a screw thread connection between its
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`different components:
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`Id. at Fig. 2. Figure 2 additionally depicts an electronic atomizer including an
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`atomizer tube 263 and, inside the atomizer tube 263, a second electric connector 267
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`with an internal screw thread with a rush pith 11 surrounded by a silica-gel insulator
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`18 and supporting piece 268. Id. at 4:33-39.
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`40. Besides a screw connection, Pan also teaches in Figure 3 another
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`electronic inhaler having a DC plug connection:
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`Id. at Fig. 3. In Pan’s Figure 3 embodiment, the electronic atomizer includes an
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`atomizer tube 263 and, inside the atomizer tube 263, a second electric connector
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`comprised of a DC plug 21 located on a plug seat 71, leak-proof piece 23, seal
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`washer 251, and supporting piece 268. Id. at 4:63-5:7.
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`41. Pan’s Figure 4 shows a section view of one electronic inhaler with a
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`screw connector:
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`Id. at Fig. 4. The electronic inhaler in Pan’s Figure 4 embodiment includes an inhaler
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`tube 10, cigarette cap 13 with small holes for air inflow, LED indicator 12, electric
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`power source 5, annular tube 16 with its cap 15, integrated circuit board with a CPU
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`processor 15, electric airflow sensor 6, sensor supporter 61, and first electric
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`connector 17 with an inserted rush pith 11 surrounded by a silica-gel insulator 18.
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`Id. at 5:8-15.
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`42. Further, the electric power source 5 connects to the circuit board 14,
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`which connects to the first electric connector 17 and the electric airflow sensor 6.
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`The LED 12 is connected to both electric power source 5 and the circuit board 14.
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`The electric airflow sensor 6 is assembled onto the sensor supporter 61. The first
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`electric connector 17 with an outskirt screw thread is partially embedded in the
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`inhaler tube 10, which can be connected to the second electric connector of the
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`electric atomizer to form an electronic cigarette. Id. at 5:16-24.
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`43. The operation of Pan’s electronic cigarette begins when the user inhales
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`through the air-puffing hole located at the end of the device. This action causes the
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`pressure to drop and is detected by the airflow sensor, which the CPU interprets as
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`an airflow signal, which then triggers an electric current to be sent through the
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`heating wire. While the current is flowing, the LED indicator 12 illuminates,
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`mimicking the burning ember of a traditional cigarette. Once the user stops inhaling,
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`the electric current to the heater ceases, and the LED indicator 12 turns off. Id. at
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`4:23-27.
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`2.
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`Levin
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`44. U.S. Patent No. 9,427,022 (Ex. 1003) (“Levin”), titled “Electronic
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`Vaporizing Device and Methods for Use,” was filed on March 12, 2013. Levin
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`contends that its invention provides for improved functionality an d aesthetics to
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`provide a more realistic and satisfying “smoking” or vaporizing experience for a user
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`by being configured to resemble the general appearance of a cigarette or cigar,
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`including specifically the lit end of a cigar during traditional smoking. Levin at 8:27-
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`32. According to Levin, inhaling vaporized active ingredients is still referred to as
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`“smoking” despite no traditional combustion smoke being produced. Id. at 33-35.
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`Consistent with this, Levin teaches a device that has an air passageway and a light
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`source to simulate the burning end of a cigar. Id. at 35-37.
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`45.
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`In response to airflow sensed by an inhalation sensor, the light source,
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`such as one or more LEDs, simulates the lit tip of a cigar. Id. at 9:40-60. Levin’s
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`device includes circuitry that varies the light output of the light source in proportion
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`to the level of airflow drawn through the device. For example, inhaling at a low
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`flow rate would activate one LED, while inhaling at a higher flow rate would activate
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`four LEDs so as to more closely simulate an actual lit tip of a cigarette or cigar. Id.
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`These LEDs are used to indicate various states of the device, such as a low level of
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`JLI Ex. 2001, Page 20
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`the substance within the cartridge, a lower power source, or an indication that the
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`device is charging or is fully charged. Id.
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`46.
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`In the background section, Levin teaches that many of the conventional
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`electronic vaporizing devices vaporize liquid solution by using a wick to move the
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`liquid solution onto a heating element. The solution is vaporized by directly
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`contacting the heating element. However, Levin teaches that a problem with this
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`approach is that it severely reduces the life of the heating element and thus often
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`necessitates frequent replacement of the heating element. So, like Pan, such
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`conventional devices typically employ a disposable “cartomizer” which combines
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`the heater and nicotine capsule into one piece. Id. at 1:47-56.
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`47.
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`Instead, Levin teaches placing a “heating portion” or “heating unit” in
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`the device rather than in the cartridge. Id. at Abstract and at 10:31-38. The cartridge
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`contains the vaporizable substance, which could be in the form of a liquid or gel
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`solution of propylene glycol/vegetable glycerin/nicotine, a powder, wax, oil, or a
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`solid brick. Id. at 21:26-30. The heat is rapidly transferred from the device by
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`utilizing convection of hot air, radiation, or conduction. Id. at 12:31-35
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`48.
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`In addition to extending the life of a heating element, Levin describes
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`another benefit of this approach as better insulating the heater to minimize thermal
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`losses and be more energy efficient. Id. at 10:43-48. Another benefit of this
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`JLI Ex. 2001, Page 21
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`approach is to shorten lag time in heating the air to a temperature suitable for
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`vaporization of the selected substance. Id. at 12:3-5.
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`49. As shown in Figures 1A-B, Levin’s devices have a rounded rectangle
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`or filleted rectangle shape, preferably in a square prismatic shape wit h rounded
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`corners:
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`
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`Id. at Figs. 1A, 1B; see also id. at 10:65-11:3. In particular, the main housing 20 has
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`a non-circular cross-section, such as a square with rounded corners. Id. at 11:4-5.
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`50. Figure 2B further illustrates the non-circular cross-section of main
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`housing 20, which is advantageous as it allows sufficient space for the power source
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`JLI Ex. 2001, Page 22
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`30 (e.g., cylindrical batteries) within while also defining air passageways 6 outside
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`the batteries, in the gap between the power source 30 and the housing 20, to allow
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`airflow through the device:
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`
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`Id. at Fig. 2B; 11:7-17. The housing 20 has an inner cross-sectional area that is large
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`enough to allow sufficient air flow through the housing 20 so as to provide a
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`satisfying inhalation experience with enough airflow to provide improved efficiency
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`and to allow for increased ease of use and portability of the device. Id. at 11:17-31.
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`The four passageways 6 around the battery allow the device to more closely simulate
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`the sensation of drawing air through a real cigarette. Id. at 23:27-33. This feature
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`also allows the air intakes to be located away from the central portion of the device,
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`JLI Ex. 2001, Page 23
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`which in turn prevents the air intakes from being covered by the user’s fingers when
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`the device is held during use. Id. at 23:34-37. This also allows indrawn air in to
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`cool the electronics and power source to prevent overheating of the device. Id. at
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`23:36-41.
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`51. The cross section of the housing 20 is a square with rounded corners,
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`measuring about 15 mm by 15 mm. Id. at 11:26-27. For context, cigars are 15 to
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`20 mm in diameter. Levin also teaches that in certain embodiments, the length of
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`the device is about 150 to 300 mm long, such as about 230 mm long so as to provide
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`sufficient space for the power source, air intake, grinder, mouthpiece, inhalation
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`sensor, and associated electronics. Id. at 11:27-31.
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`52. Levin further teaches that its heating portion is placed within the device
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`so that there is sufficient distance (20 mm to 60 mm) between the heating portion
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`and the opening of the mouthpiece, which enables for adequate cooling of the heated
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`air before reaching the user’s mouth. Levin contends that these dimensions are
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`advantageous because they accommodate enough airflow to allow for rapid
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`inhalation, improved efficiency in heating, and adequate cooling of the heated vapor
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`for inhalation by the user. Id. at 11:30-41.
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`JLI Ex. 2001, Page 24
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`53. As shown below in Figures 6A-6D, Levin teaches that the air intake 8
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`is provided at or near the lens tip 38, such as through spaces 8 between the lens tip
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`38 and the opening of the device or through a central air passageway 8:
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`Id. at Figs. 6A-D. This configuration allows the air intake to be sufficiently far from
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`where a user’s hand grasps the outer housing 20, which prevents inadvertent
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`blockage of the air intakes by the user when holding the device. Id. at 11:41-49.
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`JLI Ex. 2001, Page 25
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`54. As shown below in Figures 14A-14C, Levin teaches that its devices
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`include a port 31 to recharge the power source 30, such as a micro-USB charging
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`port located on a printed circuit board behind the lens tip or end cap:
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`
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`Id. at Figs. 14A-C. The port may be used to recharge non-removable batteries by
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`connecting a recharging cable 70, such as a USB cable, to a port. Id. at 14:10-25.
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`PCB 32 has a memory module with firmware to activate and control the heating and
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`JLI Ex. 2001, Page 26
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`light source in response to various inputs from a user or various sensors or
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`components of the device. Id. at 18:58-63.
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`55.
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`In Figures 5A-5B, Levin teaches the use of LEDs mounted on a PCB
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`32 that is situated behind the lens tip:
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`Id. at Figs. 5A, 5B. The LEDs may be configured so as to fade up and down so as
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`to vary in illumination intensity in proportion to an air flow velocity through the
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`device so as to simulate the glowing tip of a cigar so that when the user inhales faster,
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`the LEDs glow brighter, just as the tip of a cigar flares up with a quick inhalation.
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`JLI Ex. 2001, Page 27
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`Id. at 13:10-20. The LEDs signal different states of the device to a user, such as low
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`battery or a low cartridge level. Id. at 13:20-63. For example, a green LED could
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`be used to indicate the device has power. Id.
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`56.
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`In Figure 2A, Levin teaches a device that includes a distal lens tip 38
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`that may be translucent or a clear end cap that covers one or more LEDs 32, such as
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`four red LEDs:
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`JLI Ex. 2001, Page 28
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`PUBLIC VERSION
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`Id. at Fig. 2A. The end cap includes gaps or openings 8 to allow airflow into the
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`passageway extending through the device for inhalation by the user. Id. at 11:41-
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`49.
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`57. Levin further teaches that the end of the device could include a
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`connector receptable or port, such as for use with a USB connector. When it does,
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`the end cap 38 covers the end of the device when attached so as to protect the light
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`source 36, as well as any connector, when in use. Id. at 13:30-35. The end cap can
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`be easily removed to give the user access to the plug and reattached after recharging
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`the batteries. Id. at 13:46-49.
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`58. As shown in Figures 9A-9B, the proximal (mouth) end of Levin’s
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`device may include a grinder for grinding tobacco leaves or other plant matter into
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`minute particles suitable for vaporization of the selected substance for inhalation by
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`a user:
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`JLI Ex. 2001, Page 29
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`Id. at Figs. 9A, 9B; 19:29-35. The grinder has a distal grinder portion 42 and a
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`proximal grinder portion 44. Id.
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`3.
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`Thorens788
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`59. WO 2011/160788 A1 (Ex. 1004) (“Thorens
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