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`EXHIBIT 3
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 1 of 10 Page|D# 18835
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 2 of 10 PageID# 18836
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` UNITED STATES DISTRICT COURT
` EASTERN DISTRICT OF VIRGINIA
` ALEXANDRIA DIVISION
`X
`RAI STRATEGIC HOLDINGS, INC. and :
`R.J. REYNOLDS VAPOR COMPANY, :
` Plaintiffs and :
` Counterclaim Defendants, : Case No.
` v. : 1:20 cv 00393 LO TCB
`ALTRIA CLIENT SERVICES LLC; PHILIP:
`MORRIS USA INC.; and PHILIP MORRIS:
`PRODUCTS S.A., :
` Defendants and :
` Counterclaim Plaintiffs. :
`X
`
`
`
`
` REMOTE VIDEOTAPED STENOGRAPHIC DEPOSITION OF
` TRAVIS BLALOCK
` Thursday, May 13, 2021
` 9:07 a.m.
`Job No.: 371411
`Pages: 1 292
`STENOGRAPHICALLY REPORTED BY:
`GISELLE MITCHELL MARGERUM, RPR, CRI, CCR, LCR, CSR
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 3 of 10 PageID# 18837
`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 3 of 10 Page|D# 18837
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`Transcn'pt of Travis Blalock
`
`Conducted on May 13, 2021
`
`148
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`THE WITNESS: No,
`
`I don't
`
`I mean, as
`
`as I explained in my report,
`
`this text was not
`
`present in the application in 2009.
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`BY MR. NAPLES:
`
`Right.
`
`So my question is
`
`So why would I
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`My question is
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`I can't conclude if PPS was available in
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`the original disclosure covered
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`Q.
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`My question is, do you think that metal
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`coated PPS was not known to one of ordinary skill in
`
`the art in 2009?
`
`A.
`
`I certainly don't think it was common.
`
`I've never
`
`you know, I've never encountered a PPS
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`capacitor in the systems I designed.
`
`Q.
`
`Okay.
`
`So as of 2009,
`
`is it your opinion
`
`that PPS coated with metal was not something that
`
`would have been known to one of ordinary skill in
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`the art?
`
`A. Well,
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`I haven't
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`I haven't really formed
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`an opinion on that. My opinion is whether or not
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`the disclosure
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 4 of 10 PageID# 18838
`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Paie 4 of 10 Page|D# 18838
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`Transcn'pt of Travis Blalock
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`Conducted on May 13, 2021
`
`149
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`flexible conductive membranes; PPS or otherwise.
`
`Q.
`
`Okay. Perfect.
`
`So let's talk a little
`
`bit about that document. And let's bring up as
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`Exhibit 12, PCT patent application.
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`I'll read the
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`number.
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`It's W0
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`WO 2011/033396 A2.
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`TECHNICIAN:
`
`Stand by.
`
`(Exhibit 12 marked for identification)
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`TECHNICIAN: Exhibit 12 is on the screen.
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`to be flexible. Correct?
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`BY MR. NAPLES:
`
`Q.
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`Now, Dr. Blalock, you agree that a
`
`metallic sheet can be flexible. Correct?
`
`A.
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`I never said that.
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`Q.
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`Do you agree with that or no?
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`A. Well,
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`the
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`I guess it depends on how
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`how it's constructed.
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`Q.
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`Right. You could construct the metallic
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`sheet so it's flexible. Right?
`
`A. Well, let's look at the language.
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`Q.
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`I'm not talking about in the patent,
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`Dr. Blalock.
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`I'm just asking you your own opinion.
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`You agree that you can construct the metallic sheet
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 5 of 10 PageID# 18839
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`Transcript of Travis Blalock
`Conducted on May 13, 2021
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`176
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` A. Those are some reasons. I'm sure there
`are lots of others.
` Q. Okay. Do you know if flexible membranes
`were used in capacitors, at the time of the '396
`application?
` MR. LAUD: Objection. Vague.
` I
` A. I haven't
` I haven't explored
`haven't form an opinion on that. I
` you know, I'm
`just trying to interpret the text of the '396.
` Q. So you
` my question is, do you know if
`people used flexible membranes in capacitors, at the
`time of the '396 application.
` A. I haven't
` MR. LAUD: Same objection.
` you
` A. I haven't
` I haven't tried to
`know, I haven't investigated that or formed an
`opinion.
` What I will say, if it was common, then it
`seems like that would have been called out. A
`flexible membrane would have been called out in the
`'396. But I don't
` I don't see it called out.
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 6 of 10 PageID# 18840
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`Transcn'pt of Travis Blalock
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`Conducted on May 13, 2021
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`178
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`deformable, we definitely would not want that to
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`happen. But,
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`the metal coated PPS, if you only
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`apply a very small force to it, it wouldn't deform
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`in such a way
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`it will lose resilience if you
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`deform it too far.
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`Q.
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`Okay. What's the earliest date you're
`
`aware of, where someone used a flexible conductive
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`membrane in a capacitor?
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`A.
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`I haven't actually
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`I haven't looked at
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`history.
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`I don't know.
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`Q.
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`Okay.
`
`A.
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`I know that Reynolds had a product in
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`it. Correct?
`
`Okay.
`
`I believe that.
`
`Let's move on to the claims
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`claim 16.
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`Of what?
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`Of the '374 Patent.
`
`Okay.
`
`So now, you agree that the '374 Patent,
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`itself, discloses using PPS with a metal layer on
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 7 of 10 PageID# 18841
`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 7 of 10 Page|D# 18841
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`Transcn'pt of Travis Blalock
`
`Conducted on May 13, 2021
`
`um
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`TECHNICIAN: Off the record; 2:58.
`
`(Short break.)
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`THE VIDEOGRAPHER:
`
`On record; 3:11.
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`BY MR. NAPLES:
`
`Q.
`
`Okay.
`
`Do you still have the Ball patent
`
`it's metallized with nickel.
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`there, Dr. Blalock? Which is Exhibit 17.
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`A.
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`Yes.
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`Q.
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`All right. Now, Ball discloses a
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`capacitive pressure sensor.
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`Correct?
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`A.
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`Yes.
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`It does.
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`Q.
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`Okay. And it teaches using a plastic
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`material, coated with metal, as the flexible
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`conductive membrane. Correct?
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`A. Where's that reference? Oh, here it is.
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`Yeah.
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`It looks like there is a diaphragm.
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`Q.
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`Yeah. And that diaphragm is made of a
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`plastic material coated with metal. Correct?
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`It says that it
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`yeah.
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`Right?
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`There is
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`And your opinion
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`PLANET DEPOS
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 8 of 10 PageID# 18842
`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 8 of 10 Page|D# 18842
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`Transcn'pt of Travis Blalock
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`Conducted on May 13, 2021
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`199
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`Q.
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`Correct. And in your opinion,
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`that is a
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`flexible conductive membrane. Correct?
`
`A. Well,
`
`I mean,
`
`I haven't
`
`I haven't
`
`necessarily formed an opinion.
`
`It's polycarbonate.
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`I don't know how stiff it is. Let me make sure it's
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`the right thing with the figure.
`
`So, 14
`
`yeah.
`
`It's item 14.
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`That could
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`be
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`I couldn't really say. That could be a fairly
`
`stiff
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`you know,
`
`that could be a rigid, semirigid
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`material, that's metallized.
`
`Q.
`
`A.
`
`Okay.
`
`I don't think, if we can
`
`unless I
`
`see
`
`unless there is some other line which you'd
`
`like to point me to. But
`
`Q. Well, it could be
`
`it could be a
`
`flexible conductive membrane. Correct?
`
`A.
`
`Let's take a look.
`
`[Witness perused document.]
`
`Why don't I direct you to column one,
`
`line
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`flat. Or it's mounted on something that's flat.
`
`A.
`
`Okay. Yeah.
`
`So it's
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`it's being held
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 9 of 10 PageID# 18843
`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 9 of 10 Page|D# 18843
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`Transcn'pt of Travis Blalock
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`Conducted on May 13, 2021
`
`mm
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`Q. Well,
`
`line 59 says that that metal coated
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`plastic diaphragm is flexible. Correct?
`
`A.
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`Fifty nine, yeah.
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`It says,
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`the flexible
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`diagram is being held flat.
`
`Q.
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`Right.
`
`So you agree that the plastic
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`coated metal diaphragm in the Ball patent,
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`is a
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`flexible conductive membrane. Correct?
`
`A.
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`I haven't formed an opinion on that.
`
`I
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`you know, I'd have to understand their context for
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`flexible. But, certainly,
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`the words say "flexible."
`
`Q.
`
`Okay. And the Ball patent was filed on
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`April 16th 1991. Correct?
`
`If we just look back at the record,
`
`A.
`
`Yes. That appears to be true.
`
`Q.
`
`Okay.
`
`Is there any reason for you to
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`doubt that one of ordinary skill in the art,
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`in
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`1991, knew that you could coat plastic with metal to
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`create a flexible conductive membrane?
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`A.
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`I would say that certainly,
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`these folks
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`did that in 1991.
`
`Q.
`
`Okay.
`
`So let's talk
`
`I want to circle
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`back to a question that we didn't quite think
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`close out.
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`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 10 of 10 PageID# 18844
`Case 1:20-cv-00393-LO-TCB Document 729-1 Filed 06/16/21 Page 10 of 10 Page|D# 18844
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`Tramcnpt of Travis Blalock
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`Conducted on May 13, 2021
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`291
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`REPORTER'S CERTIFICATE
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`I, GISELLE MITCHELL MARGERUM,
`
`the undersigned, a
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`Registered Professional Reporter, Certified Reporting
`
`Instructor, Licensed Court Reporter, and Certified Court
`
`Reporter, do hereby certify:
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`That the witness, TRAVIS BLALOCK, before examination
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`was remotely duly sworn to testify to the truth,
`
`the
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`whole truth, and nothing but the truth.
`
`That the foregoing deposition was taken remotely
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`stenographically by me on Thursday, May 13, 2021, and
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`thereafter was transcribed by me, and that the
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`deposition is a full,
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`true, and complete transcript of
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`the testimony,
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`including questions and answers, and
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`objections, motions and exceptions made by counsel.
`
`That reading and signing was requested; and that I am
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`neither attorney nor counsel for, nor related to or
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`employed by, any of the parties to the action in which
`this deposition was taken; and that I have no interest,
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`financial or otherwise,
`
`in this case.
`
`IN WITNESS WHEREOF,
`
`I have hereunto set my
`
`hand this 17th day of May 2021.
`
`
`
`GISELLE MITCHELL MARGERUM, RPR, CRI, CCR, LCR, CSR
`
`PLANET DEPOS
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`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
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