Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 1 of 5 PageID# 24694
`Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 1 of 5 PagelD# 24694
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`EXHIBIT 10
`EXHIBIT 10
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`Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 1 of 5 PagelD# 24694
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`EXHIBIT 10
`EXHIBIT 10
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`Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 2 of 5 PageID# 24695
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,803,545
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In the Inter Partes Review of U.S. Patent No. 6,803,545
`Trial No.: Not Yet Assigned
`Issued:
`October 12, 2004
`Filed:
`June 5, 2002
`Inventors: Clinton E. Blake, et al.
`Assignee: Philip Morris USA, Inc.
`Title:
`ELECTRICALLY HEATED SMOKING SYSTEM AND
`METHODS FOR SUPPLYING ELECTRICAL POWER FROM A
`LITHIUM ION POWER SOURCE
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`PETITION FOR INTER PARTES REVIEW
`UNDER 37 C.F.R. § 42.100
`On behalf of R.J. Reynolds Vapor Company (“Petitioner”) and in accordance with
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`35 U.S.C. § 311 and 37 C.F.R. § 42.100, inter partes review (“IPR”) is respectfully
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`requested for claims 1–4 and 7 (“the Challenged Claims”) of U.S. Patent No. 6,803,545
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`(“the ’545 patent”) (Ex.1001).
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`The undersigned representative of Petitioner authorizes the Office to charge the
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`$41,500 Petition and Post-Institution Fees, and any additional fees, to Deposit Account
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`503013, ref: 629000-851003.
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`Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 3 of 5 PageID# 24696
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,803,545
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`vice versa. Id.
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`IV.
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`Identification Of Challenge Pursuant To 37 C.F.R. § 42.104(b)
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`37 C.F.R. § 42.104(b)(1): Claims For Which IPR Is Requested
`A.
`IPR is requested for claims 1–4 and 7 of the ’545 patent.
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`B.
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`37 C.F.R. § 42.104(b)(2): The Prior Art And Specific Grounds On
`Which The Challenge To The Claims Is Based
`IPR is requested in view of the following references:
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`• U.S. Patent No. 6,641,953 to Takeuchi et al. (“Takeuchi”) (Ex.1002). Takeuchi
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`was filed on January 9, 2001, claims priority to Provisional Application No.
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`60/175,709, filed on January 12, 2000, issued on November 4, 2003, and is prior art to
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`the ’545 patent under at least 35 U.S.C. § 102(e).
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`• U.S. Patent No. 6,040,560 to Fleischhauer et al. (“Fleischhauer”) (Ex.1003).
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`Fleischhauer was filed on October 10, 1997, issued on March 21, 2000, and is prior art
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`to the ’545 patent under at least 35 U.S.C. § 102(b).
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`• U.S. Patent No. 5,144,962 to Counts et al. (“Counts ’962”) (Ex.1004). Counts
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`’962 was filed on December 1, 1989, issued on September 8, 1992, and is prior art to
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`the ’545 patent under at least 35 U.S.C. § 102(b).
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`• Panasonic Lithium Ion Batteries Technical Handbook ’00/01 (“Panasonic
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`Handbook”) (Ex.1005) was published by Matsushita Battery Industrial Co., Ltd.
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`Panasonic Handbook bears a copyright date of 2000 and is labeled “January 2000.”
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`Panasonic Handbook is prior art under 35 U.S.C. § 102(b) as a printed publication that
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`Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 4 of 5 PageID# 24697
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,803,545
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`was published on and publicly available over the Internet. See Ex.1006 (explaining
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`Panasonic Handbook’s status as a printed publication and public availability).
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`The specific statutory grounds on which the challenge to the claims is based and
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`prior art relied upon for each ground are as follows:
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`Ground 1a: Claims 1–3 are unpatentable under 35 U.S.C. § 103 over Fleischhauer
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`in view of Takeuchi; and
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`Ground 1b: Claims 4 and 7 are unpatentable under 35 U.S.C. § 103 over
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`Fleischhauer in view of Takeuchi, and in further view of Panasonic Handbook.
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`Ground 2a: Claims 1–3 are unpatentable under 35 U.S.C. § 103 over Fleischhauer
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`in view of Counts ’962; and
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`Ground 2b: Claims 4 and 7 are unpatentable under 35 U.S.C. § 103 over
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`Fleischhauer in view of Counts ’962, and in further view of Panasonic Handbook.
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`37 C.F.R. § 42.104(b)(3): Claim Construction
`C.
`The Board gives claims their ordinary and customary meaning, or “the meaning
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`that the term would have to a [POSA] at the time of the invention.” Phillips v. AWH
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`Corp., 415 F.3d 1303, 1312–13 (Fed. Cir. 2005) (en banc). At this time, Petitioner
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`proposes no terms for construction.
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`In the event that Patent Owner asserts that construction is required of the phrase
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`“to prevent damage to the lithium ion power source” of claim 1, Petitioner asserts that
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`it has its plain and ordinary meaning. That meaning is that the claimed controller will
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`Case 1:20-cv-00393-LO-TCB Document 895-10 Filed 01/21/22 Page 5 of 5 PageID# 24698
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,803,545
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`wdevitt@jonesday.com
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`Pursuant to 37 C.F.R. § 42.10(b), a Power of Attorney accompanies this petition.
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`Please address all correspondence to lead and back-up counsel at the addresses above.
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`Petitioner also consents to electronic service by email at the email addresses listed
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`above.
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`VIII. Conclusion
`Petitioner therefore requests that the Board order an IPR trial and then proceed
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`to cancel claims 1–4 and 7.
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`Dated: March 26, 2021
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`Respectfully submitted,
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`
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`/s/ Matthew W. Johnson
`Matthew W. Johnson
`Reg. No. 59,108
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`Telephone: (412) 394-9524
`Facsimile: (412) 394-7959
`mwjohnson@jonesday.com
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`-67-
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