`Case 1:20-cv-00393-LO-TCB Document 967-13 Filed 02/11/22 Page 1 of 5 PagelD# 27333
`
`EXHIBIT 13
`EXHIBIT 13
`(PUBLIC)
`(PUBLIC)
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 967-13 Filed 02/11/22 Page 2 of 5 PageID# 27334
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
`
`
`
`Plaintiffs and Counterclaim
`Defendants,
`
`
`
`v.
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
`
`Defendants and Counterclaim
`Plaintiffs.
`
`Civil Action No. 1:20-cv-393
`
`
`
`
`
`
`OPENING EXPERT REPORT OF HAROLD J. WALBRINK RELATING TO
`INFRINGEMENT
`
`
`
`
`
`
`
`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 967-13 Filed 02/11/22 Page 3 of 5 PageID# 27335
`
`
`
`62.
`
`The low chromium nickel-iron alloy resistive heating element is in the shape of a
`
`sinuous line having two ends as shown below. The S-shaped region of the low chromium nickel-
`
`iron alloy resistive heating element is a sinuous line because the plain meaning of “sinuous” is a
`
`“wavy form” or “winding.” See “sinuous,” 2001 Merriam-Webster’s Dictionary at 1093. An S-
`
`shape structure is a wavy form and winding.
`
`63.
`
`The S-shaped thermal resistor has two ends as shown and discussed above (at either
`
`end of the “S”).
`
`5.
`
`“dimensions substantially the same as a cross-section of a cigarette or
`a cigar, wherein interspaces of the shape are configured to allow a
`flow of fluid therethrough”
`
`64.
`
`The S-shaped “low chromium nickel-iron alloy resistive heating element” in the
`
`Alto has dimensions substantially the same as a cross-section of a cigarette or a cigar. The S-shape
`
`resistive heater has a horizontal dimension of 6.2 mm and a diagonal dimension of 6.6 mm, which
`
`are substantially the same as a cross-section of a cigarette. I annotated this in the photograph
`
`below, which I took of a VUSE Alto that I dissembled.
`
`
`Such dimensions enable a conventional smoking experience, where a user holds the
`
`65.
`
`cigarette/cigar between their fingers and lips when smoking. Reynolds touts that the Alto’s
`
` (RJREDVA_001286318 at RJREDVA_001286341) and states that it is
`
`18
`
`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 967-13 Filed 02/11/22 Page 4 of 5 PageID# 27336
`
`
`
`at RJREDVA_001286341. This is enabled by sizing the Heater with dimensions that are
`
`substantially the same as a cross-section of a cigarette or a cigar.
`
` RJREDVA_001286318
`
`66.
`
`The sources that Reynolds cited during claim construction briefing confirm the Alto
`
`meets this limitation. For example, U.S. Patent No. 8,733,346 (the “’346 patent”) issued to Philip
`
`Morris Products S.A. and names Arno Rinker as the inventor (the same inventor named on the
`
`’265 patent). The ’346 patent defines dimensions of a cigarette or cigar as between 6 and 14 mm.
`
`See ’346 patent at 3:33-37; see also U.S. Patent Pub. No. 2010/0126505 ¶ 0029. Similarly, other
`
`patents being asserted in this case against RJR’s VUSE Products—specifically the ’911 and ’556
`
`patents—describe cigarettes and cigars with diameters between 5 and 30 mm. ’911 patent at 11:5-
`
`7; ’556 patent at 6:66-67, 7:1-3.
`
`67.
`
`Similarly, an article titled “Influence of cigarette circumference on smoke
`
`chemistry, biological activity, and smoking behavior,” authored by researchers at Reynolds’
`
`parent, British American Tobacco (“BAT”), refers to cigarettes known as “super slim” that have a
`
`19
`
`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
`
`
`
`Case 1:20-cv-003S0NTAENS CONEHRNIGALBUSENESSINBORMATEDY 5 PagelD# 27337
`Case 1:20-cv-00393-LO-TCB Document 967-13 Filed 02/11/22 Page 5 of 5 PageID# 27337
`SUBJECT TO PROTECTIVE ORDER
`
`I declare underpenalty of perjury that the foregoingis true and correct.
`
`\
`
`ff
`
`Date: February 24, 2021
`Hal Walbrink
`
`42
`
`CONTAINS CONFIDENTIAL BUSINESS INFORMATION
`SUBJECT TO PROTECTIVE ORDER
`
`
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