Case 1:20-cv-00393-LMB-TCB Document 1376-3 Filed 06/29/22 Page 1 of 14 PageID# 34076
`Case 1:20-cv-00393-LMB-TCB Document 1376-3 Filed 06/29/22 Page 1 of 14 PagelD# 34076
`
`EXHIBIT 3
`EXHIBIT 3
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`

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`Case 1:20-cv-00393-LMB-TCB Document 1376-3 Filed 06/29/22 Page 2 of 14 PageID# 34077
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`153
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`151
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`APPEARANCES: (Cont.)
`
`For the Defendants:
`
`Michael Shamus Quinlan, Esq.
`Jones Day (OH-NA)
`901 Lakeside Avenue
`Cleveland, OH 44114-1190
`216-586-3939
`Fax: 216-579-0212
`Email: Msquinlan@jonesday.com
`
`Jason Todd Burnette, Esq.
`Jones Day (GA)
`1420 Peachtree Street, NE
`Suite 800
`Atlanta, GA 30309
`404-521-3939
`Email: Jburnette@jonesday.com
`
`David Michael Maiorana, Esq.
`Jones Day (OH)
`901 Lakeside Ave
`Cleveland, OH 44114
`216-586-3939
`Email: Dmaiorana@jonesday.com
`
`William Edward Devitt, Esq.
`Jones Day (IL)
`77 West Wacker
`Suite 3500
`Chicago, IL 60601
`312-269-4240
`Email: Wdevitt@jonesday.com
`
`Scott L. Wallace, RDR, RMR, CRR
`Official Court Reporter
`United States District Court
`401 Courthouse Square
`Alexandria, VA 2231-5798
`202-277-3739
`scottwallace.edva@gmail.com
`
`Court Reporter:
`
`Proceedings reported by machine shorthand, transcript produced
`by computer-aided transcription.
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`154
`
` C O N T E N T S
`
`
`
`EXAMINATIONS Page
`
`CONTINUED DIRECT EXAMINATION OF MOIRA GILCHRIST 159
`BY MR. GRANT
`CROSS-EXAMINATION OF MOIRA GILCHRIST
`BY MS. PARKER
`REDIRECT EXAMINATION OF MOIRA GILCHRIST
`BY MR. GRANT
`
`169
`
`163
`
`DIRECT EXAMINATION OF JOHN ABRAHAM
`BY MR. SOBOLSKI
`CROSS-EXAMINATION OF JOHN ABRAHAM
`BY MR. MAIORANA
`REDIRECT EXAMINATION OF JOHN ABRAHAM
`BY MR. SOBOLSKI
`
`DIRECT EXAMINATION OF HAROLD WALBRINK
`BY MR. YEH
`
`
` EXHIBITS
`
`174
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`242
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`278
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`285
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`DESCRIPTION Page
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`Plaintiff's Exhibit PX 749 admitted
`
`16
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Civil Action
`No. 1:20-cv-00393-LMB/TCB
`
`June 8, 2022
`1:55 p.m.
`
`)))))))))))))
`
`PHILIP MORRIS PRODCUTS S.A.,
`
`
` Counterclaim Plaintiff,
`
` v.
`
`R.J. REYNOLDS VAPOR COMPANY,
`
` Counterclaim Defendant.
`
` VOLUME 1 - AFTERNOON SESSION
`TRANSCRIPT OF JURY TRIAL PROCEEDINGS
`BEFORE THE HONORABLE LEONIE M. BRINKEMA,
`UNITED STATES DISTRICT COURT JUDGE
`
`APPEARANCES:
`
`For the Plaintiffs:
`
`APPEARANCES: (Cont.)
`
`For the Plaintiffs:
`
`For the Defendants:
`
`Maximilian Antony Grant, Esq.
`Latham & Watkins LLP (DC)
`555 11th Street, NW
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Max.grant@lw.com
`
`Clement Joseph Naples, Esq.
`Latham & Watkins, LLP
`885 Third Avenue 25th Floor
`New York, NY 10022
`212-906-1200
`Email: Dement.naples@lw.com
`
`Gregory K. Sobolski, Esq.
`Latham & Watkins, LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`202-637-2267
`Email: Max.grant@lw.com
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`152
`
`Thomas W. Yeh, Esq.
`Latham & Watkins LLP (CA)
`355 South Grand Avenue
`Suite 100
`Los Angeles, CA 90071-1560
`213-891-8050
`Email: Thomas.yeh@lw.com
`
`Matthew John Moore, Esq.
`Latham & Watkins LLP (DC)
`555 11th Street, NW
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Matthew.moore@lw.com
`
`Dale Chang, Esq.
`Latham & Watkins LLP (CA)
`355 South Grand Avenue
`Suite 100
`Los Angeles, CA 90071-1560
`213-891-8050
`Email: Dale.chang@lw.com
`
`Lawrence Jay Gotts, Esq.
`Latham & Watkins LLP (DC)
`555 11th St NW
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Lawrence.gotts@lw.com
`
`Charles Bennett Molster, III, Esq.
`The Law Offices of Charles B. Molster
`III, PLLC
`2141 Wisconsin Avenue NW, Suite M
`Washington, DC 20007
`703-346-1505
`Email: Cmolster@molsterlaw.com
`
`Stephanie Ethel Parker, Esq.
`Jones Day (GA)
`1420 Peachtree Street, NE
`Suite 800
`Atlanta, GA 30309
`404-521-3939
`Email: Sparker@jonesday.com
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
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`If I have my device and if I cut it down the middle and
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`then if I open it up, you'll see the internal structures. So
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`this is a cross-sectional image showing the internal structures
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`in the device.
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`Now, on the right-hand side, that's an illustration where
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`I've highlighted in yellow the leakage prevention structures,
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`but now I'm going to highlight in yellow the leakage prevention
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`structures in the figure itself, so this is a figure that shows
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`in the patent one way that the leakage prevention structures can
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`be engineered.
`02:56PM 11 Q.
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`explain to the jury how the patent explains their design?
`02:57PM 16 A.
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`Okay. Let's turn to the next demonstrative, then,
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`Dr. Abraham.
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`Now these cavities you've been talking about in the '911
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`leakage preventer patent, can you explain more about that and
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`Sure. So on this slide, again you see Figure 3 from the
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`patent, and I highlighted items 305 and 307. Those are the
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`cavities that we're talking about.
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`On the right-hand side of the screen is text from the
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`patent itself, and at the bottom you can see it's from the
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`patent, PX 3, at column 10, lines 50 through 56.
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`And what the patent says is, "Cavity 305 is a blind hole.
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`That is to say, the cavity does not extend to the outside of the
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`system."
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`And it says the same thing about the other cavity, 307.
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`So a capillary material is a material that is designed to
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`hold liquid condensate, so that's one of the ways the leakage
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`Does the leakage preventer '911 Patent teach anything
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`Yes, it does. It teaches about different numbers and
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`positions and shapes of the cavities.
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`MR. SOBOLSKI: Let's look at that. Let's turn to
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`Demonstrative Number 13, please.
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`preventer can be designed and engineered.
`02:59PM 4 Q.
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`else about that design?
`02:59PM 6 A.
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`BY MR. SOBOLSKI:
`02:59PM 11 Q.
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`How does the '911 patent teach that, Dr. Abraham?
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`I'll explain but, first of all, I want to tell you what
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`you're looking at. On the left-hand side, that's a figure we're
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`familiar with. That's Figure 3 of the patent. On the
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`right-hand side is what's called an end view.
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`So here's what I want you to imagine, instead of looking
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`at the device like this, you turn it like this (indicating) and
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`then you chop off the end so that you can see the holes that are
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`in the inside. If you don't chop off the end, you won't see the
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`holes. So the end view is on the right; the side view is on the
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`left.
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`And the patent is clear that there can be any number of
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`cavities, they can be in a variety of different positions, you
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`can have one, you could have multiple cavities, you can connect
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`the cavities in different shapes. In fact, you can go all the
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
`
`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`cavities because they're inside the device.
`02:58PM 10 Q.
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`different positions?
`02:58PM 14 A.
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`slide I can explain.
`02:58PM 17 Q.
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`BY MR. SOBOLSKI:
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`02:58PM 21 A.
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`way and make a circle all the way around the mouth hole. Now
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`what you see here on the right-hand side is now Figure 6 of the
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`patent, and that's another figure that shows the cavity as an
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`entire circle.
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`And by the way, I don't know if I mentioned, the text
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`that's on the screen is from the patent, PX 3, column 11, line
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`Okay. Thank you, Dr. Abraham.
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`MR. SOBOLSKI: Let's turn to the next demonstrative,
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`please. I think it's Number 15.
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`65 through column 12, line 2.
`03:00PM 8 Q.
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`BY MR. SOBOLSKI:
`03:00PM 12 Q.
`03:00PM 13
`there and up Figure 6 of the leakage preventer up there.
`03:01PM 14 A.
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`Now, you have Figure 4 of the leakage preventer patent up
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`That's correct. On the screen you see Figure 4 and
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`Figure 6 of the patent, and underneath the figures you see text
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`from the patent itself, and on the left-hand side it's from PX
`
`3, at column 10, lines 50 through 56, and on the right-hand side
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`it's PX 3, column 12, lines 21 through 24, and these are just
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`two different ways that the patent describes these blind hole
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`cavities.
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`And what it says on the left is Cavity 305 is a blind
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`hole, Cavity 307 is a blind hole, and on the right it says, "As
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`with Cavities 305 and 307, the Cavity 505 is a blind cavity," so
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`that patent text helps articulate the different ways that this
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`device can be utilized.
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`What does that mean? Imagine you've got a device and instead of
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`looking at it this way, you look at it this way. You don't see
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`those cavities because they're inside. They don't go all the
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`way through the wall, so that's what a blind -- that's what a
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`cavity being a blind hole means.
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`I'm trying to illustrate that on this screen by showing
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`you some red eyeballs. If you are looking at the device from
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`the perspective of those red eyeballs, you will not see the
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`Now, these cavities, these blind holes that you can't see
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`from the outside of the device, does the patent explain ways in
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`which they can be designed, their different shapes, their
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`Yes. The cavity describes different shapes, different
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`positions, and different materials, and if we go on to the next
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`Sure.
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`MR. SOBOLSKI: Let's pull up Slide Number 12.
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`Please go ahead, Dr. Abraham. What are you showing here?
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`On the left-hand side we know that's Figure 3 from the
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`patent. On the right-hand side is from the patent, PX 3, at
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`column 13, line 21 through 26. This is one of the ways that the
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`cavities can be engineered. They can be filled with what's
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`called a capillary material.
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`06/21/2022 08:42:01 AM
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`03:01PM 1 Q.
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`holes?
`03:01PM 4 A.
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`BY MR. SOBOLSKI:
`03:02PM 8 Q.
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`Is there any other additional information in the '911
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`Patent record that confirms that Figures 4 and 6 each have blind
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`Yes, there is.
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`MR. SOBOLSKI: Let's turn to the next demonstrative,
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`please, Number 16.
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`And what have you shown here, Dr. Abraham?
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`Well, what I'm showing on the bottom -- the two images
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`are Figures 4 and Figure 6 of the patent, and on the bottom is
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`part of an interview summary with the patent examiner. It's PX
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`8A at 16296, and this is an interview summary, so this is what
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`the patent examiner said after having an interview with the
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`applicants.
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`And I've got to tell you -- I have 16 patents; I've gone
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`through these interviews before -- they're very thorough -- and
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`the patent examiner wrote a summary, and here's what the patent
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`examiner said:
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`"The two blind holes of Figures 3 and 4 and/or the blind
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`hole being toroid of Figures 5 and 6," so the patent examiner
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`agrees that both of these figures show a blind hole, and I want
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`to take a moment to explain what a toroid is. I mean, that's
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`not a word we commonly hear. That just means doughnut. It's a
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`doughnut-shaped hole, but the technical term for it is a toroid.
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`So one of the reasons I know that these two figures have blind
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`BY MR. SOBOLSKI:
`03:04PM 4 Q.
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`hole, have an advantage?
`03:05PM 7 A.
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`that is the important distance with respect to holding liquid.
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`MR. SOBOLSKI: Let's turn to Demonstrative 18, please.
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`Does the '911 Patent teach anything about why these
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`particular dimensions, the sizes of the cavities that are blind
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`Yeah, it mentions it. In fact, we see what the patent
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`says right on your screen, but these sizes are optimized to be
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`large enough to hold a sufficient amount of liquid but small
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`enough to trap the liquid in the cavity by what's called
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`capillary action.
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`THE COURT: Why don't you explain for the jury "capillary
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`action."
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`THE WITNESS: Sure. So capillary action is a special
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`force that exists on fluids, and it allows -- it allows fluids to
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`be held and moved in small spaces.
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`Let me give you an example. How does water get to the
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`leaves on a tree? Imagine a tree 200 feet tall, how does water
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`get up there? There's no pump. The tree actually has these
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`little tubes that are in them, and they run all the way up, and
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`those tubes draw up liquid all the way up to the top. There's no
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`pump, there's no, you know, squirrel running a turbine at the
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`bottom. It's drawn up to the top by capillary action. So
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`capillary action is a force that is exerted on fluids in small
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`spaces.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`192
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`holes is because the personality examiner said so, and I agree
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`Thank you, Dr. Abraham. The '911 leakage preventer
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`patent teaches still further ways to design these cavities that
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`Yes, it does.
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`Let's look at that. Let's go to Demonstrative 17,
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`with the patent examiner.
`03:03PM 3 Q.
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`are blind holes?
`03:03PM 6 A.
`03:03PM 7 Q.
`03:03PM 8
`please, and please explain to the jury these additional ways.
`03:03PM 9 A.
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`measurements from one wall to another across the cavity.
`03:04PM 20 Q.
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`matter?
`03:04PM 22 A.
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`On your screen you see Figures 4 and 6 of the patent, and
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`these are figures we're familiar with. Underneath the figures
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`you see text that explains the figures, and the text is from
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`PX 3 at column 11, lines 28 through 33, and column 12, line 40
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`through 50.
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`And what the -- the other engineering aspect that the
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`'911 Patent has is their size. The patent tells us how big they
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`should be, and it even tells us how to make the measurement. As
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`you'll notice in those images, the patent is showing us how to
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`make the measurements, and it's telling us to make the
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`Why do those dimensions and the way they're measured
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`Well, because the distance between the walls -- that's
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`the cross-section of dimension -- that's the dimension that
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`tells you or that holds the liquid. There's something called
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`capillary action, and capillary action is generated at walls, so
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`THE COURT: And the trick is small spaces, though, right?
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`If there were too wide a space...
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`THE WITNESS: Yeah, that's right. If the tube is too
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`wide, you can't draw the liquid up. So the easy way to think of
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`it is, the smaller the space, the larger the force. The smaller
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`the space, the larger the force.
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`Thank you, Your Honor.
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`Thank you, Dr. Abraham. Let's turn to infringement.
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`MR. SOBOLSKI: Let's turn to Slide 19, please.
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`And please explain to the jury how you analyzed the first
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`The Solo G2, which is this device (indicating), I
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`Okay. Let's go to the next demonstrative, 20, and tell
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`BY MR. SOBOLSKI:
`03:06PM 9 Q.
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`BY MR. SOBOLSKI:
`03:06PM 12 Q.
`03:06PM 13
`Reynolds device, the Solo G2.
`03:06PM 14 A.
`03:06PM 15
`analyzed this device against Claims 11 and 13 of the patent.
`03:06PM 16 Q.
`03:06PM 17
`the jury a little bit about what the Solo G2 device is?
`03:06PM 18 A.
`03:07PM 19
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`BY MR. SOBOLSKI:
`03:07PM 25 Q.
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`Sure. So the Solo G2 has a silver part that's got your
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`battery -- that provides the energy -- and then inside this
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`cartridge is the e-liquid, and there's a heater in here, and
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`when you connect them, the battery sends energy to the heater
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`and creates the vapor that then aerosolizes and you inhale.
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`MR. SOBOLSKI: Okay. So let's turn to Slide 21.
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`Explain for the jury, please, Dr. Abraham, how you
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`Sure. I want to really focus our attention on the part
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`that's in the white box, and if we advance, I'm going to show
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`you two images. Now, these two images -- well, first of all,
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`these are called cross-section images. That means these two
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`images have been cut open so you can see the inside.
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`The one of the left is called a CAD drawing. That means
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`computer-aided design drawing. It's an engineering computer
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`file and it tells -- it's provided by Reynolds, so this is one
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`of their own computer files, and it tells the size of the
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`device, the components in the device, how the device is supposed
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`to look, et cetera.
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`The right-hand image is an image that I took during my
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`experiments. I actually cut open these objects and I took
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`photos, and both in the photo and in the engineering files from
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`Reynolds, I found the leakage preventers, which I'm highlighting
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`in yellow on the screen.
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`And so it's clear for the jury, Dr. Abraham, on this
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`Slide 21, the figure on the left, PX 62A, what type of an image
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`That is a cross-sectional image from a CAD file, which is
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`03:07PM 1
`analyze this device, this Solo G2.
`03:07PM 2 A.
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`BY MR. SOBOLSKI:
`03:08PM 19 Q.
`03:08PM 20
`03:08PM 21
`is that?
`03:08PM 22 A.
`03:08PM 23
`an engineering file used to design products.
`03:08PM 24 Q.
`03:08PM 25 A.
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`What does CAD stand for?
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`Computer-aided design.
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`MR. SOBOLSKI: Let's go to Demonstrative 23.
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`Actually, could we just go back a second. I hate to
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`interrupted you.
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`Of course.
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`BY MR. SOBOLSKI:
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`So I apologize for interrupting you.
`03:10PM 14 Q.
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`What did you conclude about the Vuse Solo?
`03:10PM 17 A.
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`system for heating a liquid aerosol-forming substrate.
`03:10PM 19 Q.
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`you reached that conclusion.
`03:11PM 21 A.
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`People might be wondering, I analyzed Claims 11 and 13.
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`Why the heck do I have Claim 1 up there? The reason why I
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`analyze Claim 1 as well is look at the first statement in Claim
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`11 and 13, they both reference back to Claim 1, so I analyzed
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`Claim 1 as well as Claims 11 and 13; and you'll notice that
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`Claim 1 I sort of broke up into different parts, that's so that
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`it's bite-size chunks that we can we can analyze in sequence.
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`Please, don't apologize, Dr. Abraham. I appreciate it.
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`Let's turn to that first part Claim 1 that you just referenced.
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`I concluded that the Vuse Solo has an aerosol-generating
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`Let's turn to Slide Number 24 and explain to the jury how
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`Yeah, as I said earlier, and I confirmed with my physical
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`inspection, there's the power unit that has the battery that
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`provides energy. There's the heater in the liquid. And by the
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`way, when I say "aerosol-forming substrate," that's e-liquid.
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`It's just the technical term for e-liquid.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`196
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`198
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`And why are CAD files important to your analysis?
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`Well, the CAD -- I mean, nowadays with commuters, almost
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`everything is designed on CAD before you build it. You don't
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`want to just build stuff and see if it works. You design it on
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`the computer to see if all the parts fit together, and once you
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`get it designed on the computer, then you go build it, and it
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`saves a lot of time and it saves a lot of money.
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`And I didn't mention, by the way, that the photograph on
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`the right, the photograph that I took, is Exhibit Number PX 37,
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`And so from my investigation, I found that their device
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`has the -- this part of the claim and infringes on this part of
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`the claim.
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`MR. SOBOLSKI: Let's go to the next demonstrative, Number
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`25.
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`And so in summary, what did you find on that first part?
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`I found that the Solo G2 has the first part of Claim 1.
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`What about the Solo G2 in connection with that second
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`BY MR. SOBOLSKI:
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`part of Claim 1?
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`BY MR. SOBOLSKI:
`03:12PM 16 Q.
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`Solo that was submitted to the FDA.
`03:12PM 21 Q.
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`your analysis?
`03:12PM 23 A.
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`I found that the Solo G2 has an aerosol-forming chamber.
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`And let's bring up an exhibit for a moment, sir.
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`MR. SOBOLSKI: PX 23, please. And let's blow up that so
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`the jury can see. Thank you very much, Mr. Smith.
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`Explain what PX 23 is to the jury, please.
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`Well, we've heard the letters PMTA. I just think of that
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`as the technical documentation that Reynolds submitted to the
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`FDA in support of their product. This is the PMTA for the Vuse
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`Okay. And how is this important? How is this related to
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`Well, this document has a lot of technical details that
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`helped me analyze their products against the claim.
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`MR. SOBOLSKI: Let's turn to Slide 26, please, and go back
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`and I apologize for not giving that number.
`03:09PM 11 Q.
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`right?
`03:09PM 13 A.
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`BY MR. SOBOLSKI:
`03:09PM 16 Q.
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`device against claims of the '911 leakage preventer patent?
`03:09PM 18 A.
`03:09PM 19 Q.
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`the claim language that you have shown here on the slide?
`03:09PM 21 A.
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`which is what we've discussed earlier.
`03:09PM 24 Q.
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`And that's a photograph, PX 37, that you took; is that
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`Yes, that's correct.
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`MR. SOBOLSKI: Let's turn to Slide 22, please.
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`And, Dr. Abraham, did you compare the Reynolds Solo G2
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`I did.
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`Okay. And what was your understanding of the meaning of
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`Well, I gave the meaning of the claim language its plain
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`and ordinary meaning to a person of ordinary skill in the art,
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`So let's turn to the first part of Claim 1 that you've
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`indicated, sir.
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`Case 1:20-cv-00393-LMB-TCB Document 1376-3 Filed 06/29/22 Page 6 of 14 PageID# 34081
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`Please go ahead, explain what you've shown here.
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`On this -- on the screen, which is page 37 of my
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`demonstrative, you see PX 262A -- that's that CAD file you've
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`seen a gazillion times -- and we also see PX 36 at 19758, and
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`I'm showing the measurement.
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`And I measured the cross-sectional dimension of the
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`cavity, and I found that it was between .5 and 1 millimeters,
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`and, therefore, it's in the claimed range of the patent, and I
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`also made my measurement perpendicular to the longitudinal
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`Now, this part of Claim 1 that you're talking about here
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`on Slide 37, Dr. Abraham, this largest cross-sectional
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`dimension, is that a sort of size? Can you explain to the jury
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`Yeah, that is the wall-to-wall size of the cavity, so
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`we've been talking about these cavities that trap and hold
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`liquid, and the relevant and critical dimension is the size from
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`direction, so the yellow and the white arrows are perpendicular.
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`what that refers to?
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`one wall to another, and that's how I made the measurement.
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`that cavity is in the Solo G2?
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`And is there a dispute in this case by Reynolds about
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`what the largest cross-sectional dimension is, what the size of
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`Yes, there is a dispute.
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`Let's turn to the next demonstrative, sir, and explain
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`for the jury what that dispute is about the size of the cavity
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`in the Solo G2?
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`the right hand you have an annotated form of Figure 6 from the
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`That's correct.
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`And can you explain again what it is you highlighted in
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`I'm highlighting in yellow how the patent tells us to
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`How does that compare to the measurement you're showing
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`patent, right?
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`yellow on that figure?
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`make the measurement.
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`in red that Reynolds's expert made?
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`and that's contrary to what the patent instructs us.
`03:27PM 12 Q.
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`Claim 1 of the '911 leakage preventer patent for the Solo G2?
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`conclusion about that Claim 11.
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`aerosol-forming substrate.
`03:28PM 24 Q.
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`Well, he made the measurement twice and then added them,
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`Thank you, sir. Let's move on to Demonstrative Number
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`40. So in summary, what did you find on that last sixth part of
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`I found that the Solo G2 has the last part of Claim 1.
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`So that takes us to Claim 11, that dependent claim that
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`you were talking about, sir. Explain to the jury your
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`Through my investigation I found that the Solo G2 has an
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`aerosol-generating system according to Claim 1 wherein the
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`aerosol-generating system is electrically operated and, further,
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`comprises an electric heater for heating the liquid
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`How do you know that?
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`Well, I know it from Reynolds's own documentation where
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Yeah, sure. So on this slide you see PX 262A, which is
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`the CAD file, and you see Figure 6 from the patent. Now, the
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`Solo G2 is a lot like one of the figures from the patent. The
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`Solo G2 is a lot like Figure 6, and the patent tells us how to
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`make the measurement, and I have used two horizontal yellow
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`lines to show you the measurement, as instructed by the patent.
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`Now, Reynolds's expert, Mr. Kodama, made a different
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`measurement where he measured all the way across the inner
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`diameter, but his measurement is not in the cavity, and that's
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`That's a measurement on Slide 38 that you've shown there.
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`why I disagree with his measurement.
`03:26PM 11 Q.
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`Did Reynolds's expert measure it in any other way in addition?
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`slide.
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`us to make the measurement.
`03:26PM 25 Q.
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`Yes. Reynolds's expert, Mr. Kodama, made a second
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`measurement, and I can explain that measurement as well in this
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`Sure, this is Slide 39. Please go ahead, Dr. Abraham.
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`And these are Exhibits PX 262A, and Figure 6 from the
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`patent, and remember, the Solo G2 is the one that has that
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`toroidal shape that's very similar to Figure 6.
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`Now, in his second dimension, Mr. Kodama measured the
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`wall-to-wall distance two times -- his measurements are in red,
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`by the way. He measured it twice and then added them together,
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`and I disagree with that, and that's not how the patent teaches
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`And just to make it clear, Dr. Abraham, on Slide 39 on
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`Okay. Let's see if we can look at that.
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`MR. SOBOLSKI: Go to Slide 41, please.
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`Is this the Reynolds document that you're referencing?
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`Yes, this is the so-called PMTA that we've heard about
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`already. This is Reynolds's own documentation about their
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`product, and they identify the heater -- I've highlighted the
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`word "heater" in yellow -- and they say that the heater
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`aerosolizes the e-liquid, and that's why I know they meet Claim
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`Thank you, sir. Then let's see if we can go to Slide
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`43 -- I'm sorry, Slide 42. In summary, what did you find in
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`I found that the Solo G2 practices Claim 11 of the
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`Okay. Dr. Abraham, that takes us to the last claim here
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`03:28PM 1
`they describe the heater in their submission to the FDA.
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`BY MR. SOBOLSKI:
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`11 as well.
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`Claim 11 of the '911 Patent for the Solo G2.
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`patent.
`03:29PM 17 Q.
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`for the Solo G2, 13. Tell the jury what you found on Claim 13.
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`just means a doughnut.
`03:29PM 24 Q.
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`Well, I found that the Solo G2 has an aerosol-generating
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`system according to Claim 1 wherein the leakage prevention means
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`comprising the at least one cavity in the wall of the
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`aerosol-forming chamber has a toroidal shape, and remember that
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`Is there a dispute in this case, sir, about whether the
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`Solo G2 device that you've been testifying about, whether it has
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`Let's turn to the next demonstrative, Number 53, and
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`I know it because I did my own investigation, and I tore
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`it down, and I cut it open, and what you see on the screen is a
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`photograph that I took during my investigation, and it's PX 38
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`at page 34, and I found an aerosol-forming chamber. That's why
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`Thank you, sir. Let's go to the next demonstrative, and
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`in summary, for this second part of Claim 1 on the Alto, what
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`I found that the Alto has the second part of Claim 1.
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`What about the third part of Claim 1?
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`Well, my investigation showed that it also had the third
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`03:35PM 1 Q.
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`explain to the jury how you know that.
`03:35PM 3 A.
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`I know this part is met as well.
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`did you find?
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`part of Claim 1.
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`BY MR. SOBOLSKI:
`03:36PM 19 Q.
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`Alto device?
`03:36PM 22 A.
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`Okay. Let's explore that, because we're back to that
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`leakage prevention means, those structures we talked about.
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`MR. SOBOLSKI: Let's go to Slide 55, if we could.
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`And explain to the jury where the leakage prevention
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`means that this part of the claim talks about are found in the
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`On this slide I'm showing a photograph that I took, PX 38
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`at page 34, and I'm pointing to the leakage prevention means,
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`and on the right-hand side I've got text from the documents
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`Reynolds submitted to the FDA in support of the Alto, and it's
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`Earlier in this -- earlier today we saw sworn testimony
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`from Eric Hunt who is a senior manager at Reynolds, and he
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`provided this testimony in the context of the figures that you
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`see at the left. Those figures are CAD figures of the Alto.
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`They are PX 595 at page 3 and PX 698 at 4. And his testimony
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`confirms what I