`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 1 of 9 PagelD# 26625
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 2 of 9 PageID# 26626
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`Case No. 1 :20-cv-00393-LO-TCB
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim Defendants,
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`V .
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`'MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
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`Defendants and Counterclaim Plaintiffs.
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`REBUTTAL EXPERT REPORT OF DR. JEFFREY C. SUHLJNG REGARDJNG U.S.
`PATENT NO. 9,814,265
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`Dated:
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 3 of 9 PageID# 26627
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`affixed to an emanating surface.” (Id. at 2:40-45.) With respect to the orthogonal arrangement,
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`similar to Rabin, Harwig discloses an arrangement of a thermal resistor and emanating surface
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`that is orthogonal to the direction of the flow of fluid. As shown in Figs. 4b and 4c above,
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`Harwig discloses that the serpentine wire heating element 123b/123c and the surface 124b/124c
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`of the wick 125b/125c are arranged orthogonally to the direction of the flow of fluid. As also
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`shown in Figs. 5d and 5e, Harwig discloses that the thin film heating element 126d/126e and the
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`surface of the wick 127d/127e are arranged orthogonally to the direction of the flow of fluid.
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`FIG. 5d
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`Harwig Figs. 5d and 5e.
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`198. Even though Mr. Walbrink fails to show why having a thermal resistor with such
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`FIG. Se
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`attributes is a significant advancement over the prior art, the technology described by the ’265
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`Patent was well known in the prior art. The above piece of prior art disclose a thermal resistor
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`(1) in the shape of a sinuous line, (2) with dimensions substantially the same as a cross-section of
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`a cigarette or cigar, and (3) the arrangement of the thermal resistor in contact with the surface
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`containing the liquid to be vaporized “orthogonally or at an angle to the direction of the flow of
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`the fluid” through the disclosed devices. Accordingly, the technology disclosed in the ’265
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`Patent that Mr. Walbrink argues is beneficial is taught in the prior art.
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`B.
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`199.
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`97
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 4 of 9 PageID# 26628
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`-
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`200. Based on Vuse Alto wattage test documents, I understand that
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`201. Below is a
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`202.
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`I also calculated the
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`98
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 5 of 9 PageID# 26629
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`203. Using the
`203. Using¢
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`99
`99
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 6 of 9 PageID# 26630
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`204. Using the
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` I then
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` The resistivity ((cid:545))
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`100
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 7 of 9 PageID# 26631
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`205. Below, I have included two examples of alternative designs that would provide
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`206. For example,
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`101
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 8 of 9 PageID# 26632
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`207. Similarly,
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`102
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`Case 1:20-cv-00393-LO-TCB Document 957-2 Filed 02/11/22 Page 9 of 9 PageID# 26633
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`208.
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`00nNoSoeaoS—awaa
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`- C.
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`209.
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`210.
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`1.
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`103
`103
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