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1003 Exhibit: US 10492541 B2 Lau

Document IPR2021-00746, No. 1003 Exhibit - US 10492541 B2 Lau (P.T.A.B. Mar. 31, 2021)
108 is a removable element that is intended to permit Because the combined through - hole 114 is configured to voluntary , recommended , or required replacement by an receive a pod assembly , the side walls 116 of the first frame adult vaper .
For instance , the mouthpiece 108 may , in 25 110 and the second frame 112 may form a relatively smooth addition to its intended functionality , provide a visual or and continuous surface to facilitate the insertion of the pod other sensory appeal to the adult vaper .
A power source ( e.g. , battery ) may also be provided in as to retract ( via spring compression ) when the pod assem the groove to supply the requisite current through the 50 bly is being inserted into the through - hole 114 and protract wire ( s ) .
The operating parameters may help ( e.g. , 108 ) and the device compartment when the pod 45 optimize a vaping experience without placing a burden on assembly 402 is inserted into the through - hole of the dis the adult vaper to determine the proper settings .
Since encryption is used in all the com include one or more Central Processing Units ( CPUs ) , munications between the pod and the controller 2105 , such digital signal processors ( DSPs ) , application - specific - inte information is more secure and the e - vaping device is less grated - circuits ( ASICs ) , field programmable gate arrays prone to being installed with malwares or viruses .
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1018 Exhibit: Declaration of Maria Garcia

Document IPR2021-00746, No. 1018 Exhibit - Declaration of Maria Garcia (P.T.A.B. Mar. 31, 2021)
© reddit Q Search This Might Just Be the First Great E-Cig | WIRED New comments cannot be postedandvotes cannot be cast sortBY TOP(SUGGESTED) ~ & 9 a Share Report Save go razorgoat 5 y Let's see, paying pretty much the same as you would for a pack of cigarettes (outside of places like new York, California and Chicago), adding chemicals to the nicotine,limited flavors, and little to no customization?
Vaporization Startup Pax Labs Introduces Juul, Its Next-Gen E- Cigarette | TechCrunch kakiser56 Senior Member ECF Veteran kakiser56, Apr 21, 2015 Like x 1   Aug 11, 2014 New Hope, PA    #1 This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
  Feb 16, 2013 Cold Norway WattWick, Apr 21, 2015    #6 A device that delivers nicotine as efficiently as a cigarette was stated by British American Tobacco to be 'the holy grail' for their ecigs in their press release earlier this year.
DampMop Senior Member ECF Veteran Bedford, England A device that delivers nicotine as efficiently as a cigarette was stated by British American Tobacco to be 'the holy grail’ for their ecigs in their press release earlier this year.
And until then, those companies are free to spend millions marketing their products, and Monsees freely admits Pax can't compete with sexy Blu spreads in the Sports Illustrated swimsuit issue, or NJOY's yearly Super Bowl ad.
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1025 Exhibit: Reynolds Opening Claim Construction Brief

Document IPR2021-00746, No. 1025 Exhibit - Reynolds Opening Claim Construction Brief (P.T.A.B. Mar. 31, 2021)
Under Nautilus, it is not enough that “a court can ascribe some meaning to a patent’s claims.” Rather, “[t]he claims, when read in light of the specification and the prosecution history, must provide objective boundaries for those of skill in the art.’” Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364, 1371 (Fed. Cir. 2014).
“[T]he non-hermetic seal can provide a limited amount of gas exchange with the ambient air while maintaining control over the egress of moisture, volatile flavors, or both (from the orally consumed tobacco product) out of the container.” Id. 3:31-35.
In some embodiments, the tobacco contained in the package device 100 may include portions of leaves, flowers, roots, stems, or extracts thereof of any member of the genus Nicotiana.
If “non-hermetic seal” is not indefinite, it should be construed in view of the specification, which repeatedly explains that the seal allows at least some of the gases created by the tobacco product to escape the container to relieve pressure.
The term “cartomizer” refers to a combined cartridge (“cart”) and atomizer (“omizer”): “[T]he “cartomizer may use heat, ultrasonic energy, or other means to atomize/vaporize a material, such as a liquid solution (i.e. an ‘e-Liquid’), which may be based on propylene glycol, or glycerin, and may include taste and fragrance ingredients,” and “[t]he result is an aerosol mist.” Id. 1:29-34.
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1032 Exhibit: MDNC Standing Order

Document IPR2021-00746, No. 1032 Exhibit - MDNC Standing Order (P.T.A.B. Mar. 31, 2021)
North Carolina’s number of positive tests for the virus continue to be substantial; to date more than 524,279 people in the State have contracted COVID-19, and more than 6,600 have died from the disease.
Many Clerks’ Office staff will continue to work remotely to reduce the number of employees in the courthouses, consistent with public health advisories.
Criminal proceedings involve a significant amount of close contact between all parties: courtroom personnel, counsel, witnesses, the defendants, family members, interpreters, deputy U.S.
For these reasons, the Court will continue to endeavor to hold proceedings by video-conference and tele-conference to the extent authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, H.R.
Notwithstanding the above, pursuant to this Court’s Standing Order 15, as amended, which implements the CARES Act, individual Judges may schedule sentencing hearings by video-conference or tele-conference, upon the consent of the defendant after consultation with counsel and upon a finding by the presiding
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1012 Exhibit: Verge Article

Document IPR2021-00746, No. 1012 Exhibit - Verge Article (P.T.A.B. Mar. 31, 2021)
The small team has helped create what Pax Labs (formerly known as Ploom) is calling "an intelligently engineered and intensely satisfying new vapor experience."
For novices or fans of clean design, it's less clunky than skeuomorphic devices like Njoys, which are built to look like a cigarette, and involves fewer parts than Blu's rechargeable model.
The most alarming report came from a survey published by the Centers for Disease Control and Prevention last week, which found that e-cigarette usage was now more popular than cigarettes in middle and high schools.
Atkins, who used to smoke close to half a pack of Marlborough Reds a day, may make a good poster boy for Juul regardless.
Companies sometimes file Form D's before the round has closed and Monsees would not disclose anything about ongoing funding efforts, but he did acknowledge that Sand Hill Road hasn’t welcomed him with open wallets.
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1009 Exhibit: Part 3 10492541 Certified FH

Document IPR2021-00746, No. 1009-3 Exhibit - Part 3 10492541 Certified FH (P.T.A.B. Mar. 31, 2021)
as typlcaDy dona In logistic regression and log-linear CRF models [172)., page 55, 56), Furthermore, defining a curtain type of analysis for similar function would involve routine skill in the art.
II would have been obvious to one of ordinary skill In the art at the lime of the lnvonlion to modify Parate wllh Iha teaching or Reynolds for the purpose of detecting user Interaction with the e-vaping device {Teynolds, para 0004).
It would have been obvious to one of ordinary skill In the art at the time of the invention to modify Raynolds with the teaching of Pa rate for the purpose of filtering out false positives and determine the proper gesture (Parate, page 43, 50).
At the time of filing, it would have been obvious to one of ordinary skill in the art in order to modify the apparatus of Figs. 4- 5 by configuring the vapor passage as taught by the embodiment in Fig. 3, because "the air intake 17 is positioned such that air drawn through the intake sufficiently contacts the flow sensor 30 to activate the sensor (although other positions are encompassed, particular if different sensing means are provided or if manual actuation, such as with a push button, is provided)", Par.
Art Unit 3742 Office Action Summary AIA (First Inventor to File) Status Yes -- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address - Period for Reply
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1009 Exhibit: Part 2 10492541 Certified FH

Document IPR2021-00746, No. 1009-2 Exhibit - Part 2 10492541 Certified FH (P.T.A.B. Mar. 31, 2021)
In various embodiments, air pressure sensor 114 10 may include one or more LEDs of various colors ( e.g., red) configured to illuminate lens cap 112 to simulate a burning ember in response to a detected inhalation.
Also shown in view l0IC, air pressure sensor 113 and adapter 120 may be fitted within tube 110 to press contact pads 118a, 118b of flexible circuit 118 against terminals of sealed battery 116.
In such embodiments, internal riser 144 is configured to form a seal 146 with the nrnlti-piece flue assembly to allow active compound vapor (e.g., produced by heating filament 126) to pass through orifice 142 of inhalation tip 140.
In some embodiments, orifice 142 and/or a central through hole of multi-piece flue assembly 130 may be partially or completely filled with filter material 148, for example, to help ensure bulk active compound and/or other fluids and/or particles do not reach the mouth of a user.
In some embodiments, inspection station 680 may be configured accept or reject each tube based on whether the fill level is within a predetermined range and/or whether the adhesive bond traverses the circumference of the tip/tube assembly.
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1005 Exhibit: Declaration of Karl Leinsing

Document IPR2021-00746, No. 1005 Exhibit - Declaration of Karl Leinsing (P.T.A.B. Mar. 31, 2021)
For example, from 2000 to 2002 I consulted for Chrysalis, a Phillip Morris company, on a vapor-type inhaler for therapeutic purposes using ultrasonics and comparing particle size to devices that use vapor and smoke.
It is my understanding that when interpreting the claims of the Hawes patents, I must do so based on the perspective of one of ordinary skill in the art ( a "POSA") as of the relevant p1iority date - April 22, 2015.
On June 14, 2019, applicants filed a Request for Continuing Examination (RCE) along with an Information Disclosure Statement (IDS) identifying close to 100 references.
The cartridge has a plurality of faces that are transparent allowing a user to view the interior components, including the liquid, heating mechanism and vapor channel.
As shown for example in Figure 4, Verleur depicts the translucent body of cartornizer 200A allowing a user to view the internal components, including the compaiiment with the wick 216 and heating element 214/214A.
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1027 Exhibit: Reynolds Responsive Claim Construction Brief

Document IPR2021-00746, No. 1027 Exhibit - Reynolds Responsive Claim Construction Brief (P.T.A.B. Mar. 31, 2021)
In contrast, Plaintiffs’ proposal to encompass products that do not even contain tobacco rests on mischaracterizing the specification and cherry-picking definitions, including draft legislation that was not in effect when the patent application was filed.
For example, Plaintiffs assert that the specification “expressly” states that “the tobacco product can also be ‘portions of leaves, flowers, roots, stems, or extracts thereof of any member of the genus Nicotiana,’” (id.).
In the alternative: “a seal that allows at least some of the gases created by the tobacco product to escape the container to relieve pressure” Despite repeatedly stating that the claim term “non-hermetic seal” has an “easily
Plaintiffs, by contrast, would have a jury accept “face” as encompassing several different definitions that are inconsistent with how the patents use these terms and all of which appear aimed solely at ensnaring the accused products beyond what the claims cover.
Indeed, Figure 19 that Plaintiffs reproduce (Dkt. 53 at 28) does not show whether the electrical contacts (416) are “flush with” the pod trim (410), even with Plaintiffs’ unsupported annotations.8 The lack of need for, and the incorrectness of, Plaintiffs’ proposed construction for “at the” is reinforced by their newly offered view that “flush with” also means “not removed from.” (Dkt. 53 at 28.)
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1016 Exhibit: Declaration of Business Wire

Document IPR2021-00746, No. 1016 Exhibit - Declaration of Business Wire (P.T.A.B. Mar. 31, 2021)
Offering a powerfully satisfying vapor experience and a first-of-its-kind form factor, JUUL combines beauty and intelligent design – the hallmarks of PAX Labs – with new chemistry and patented technology to create a fundamentally different, compelling alternative to traditional cigarettes.
“There is a huge, unsatisfied demand for a product like JUUL,” said James Monsees, cofounder and CEO of PAX Labs, Inc. “The most conservative estimate is that 60 percent of smokers have tried e-cigs.
Smokers will try it and keep it, because it delivers the satisfaction they demand.” “Since launching PAX Labs, Inc. in 2007, our innovative and powerful vaporization products have consistently exceeded consumer expectation in the category and have quickly become market-leading brands,” Mr. Monsees continued.
Battery charges two times faster than the average e-cigarette Indicator light communicates battery life and pull strength Unrivaled patented technology USB charger with magnetic contact Available in four flavors: tabaac, miint, fruut, bruulé JUUL will be available for purchase in June 2015 at select stores nationwide and online at www.JUULvapor.com.
Headquartered in San Francisco, the company produces innovative premium vaporizers that provide a cleaner, modern alternative to smoking.
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1006 Exhibit: CV of Karl Leinsing

Document IPR2021-00746, No. 1006 Exhibit - CV of Karl Leinsing (P.T.A.B. Mar. 31, 2021)
 Extensive knowledge of polymer selection, high volume production, IV therapy, chemical resistance, fracture mechanics, measurement equipment, design-of-experiments (DOE) & EtO/Gamma/E-beam sterilization, and packaging.
(March 2017 – Present) Novo Nordisk vs. Teva – Case No: 17-227-VAC-MPT – District of Delaware – Patent litigation on pen injector (Defendant) – Review of patents/device, claim construction, reports, & deposition.
(April 2017 – July 2018) Priscilla Zoccole vs. Dr. Liu – Civil Action No. A-15-729004-C – District of Clark County Nevada – Liability case regarding use of Novasure device (Defense) – Medical records, IFU, report, deposition.
(January 2016 – Present) CardiAQ vs. Neovasc – Case No. 1:14-cv-12405-ADB – US District Court of MA – Transcatheter Mitral Valve Replacement (Defense) – Review of trade secrets, search public domain, report, deposition, and jury trial.
Date 5/8/2009 8/12/2014 8/12/2014 7/6/2014 11/7/2014 2/2/2015 2/4/2015 12/20/2015 12/21/2015 6/12/2016 7/25/2018 9/9/2018 1/9/2019 10/22/2020 Patent(s) 5,380,306 8,628,026 8,424,780 8,647,326 8,777,921 8,647,308 8,641,681 9,039,395 (6-13) 9,039,395 (14-19) 5,601,557 8,033,483 8,679,069 8,603,044 8,992,486 8,992,486 9,526,844 9,604,008 6,736,795 Parties / Type Device RyMed vs. Vygon / NeedleFree Valve Saint-Gobain vs. 3M / Liquid Spray Apparatus Saint-Gobain vs. 3M / Liquid Spray Apparatus Ivera vs. Catheter Conn. / Disinfecting Caps Terumo vs. Nobel House Group / Liquid Sampler Ivera vs. Catheter Conn. / Disinfecting Caps Ivera vs. Catheter Conn. / Disinfecting Caps Baxter vs. DEKA / Pump Cassette Baxter vs. DEKA / Pump Cassette Arthrex vs. Smith & Nephew / Bone Anchor Hyperbranch vs. Confluent / Spray Tip Petition # ?
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1028 Exhibit: Pltfs First Amended Complaint

Document IPR2021-00746, No. 1028 Exhibit - Pltfs First Amended Complaint (P.T.A.B. Mar. 31, 2021)
Upon information and belief, Defendants know that each of the elements in the Accused Products are especially made or especially adapted for use in an infringement of the Asserted Patents and is not a staple article or commodity of commerce suitable for substantial noninfringing use.
Claim 1 An electronic vaping device comprising: 1 Upon information and belief, Reynolds Vapor previously sold and offered to sell the Vuse Vibe Power Unit separately, and continues to do so.
Altria reserves the right to modify 2 Upon information and belief, Reynolds Vapor previously sold and offered to sell the Vuse Vibe Power Unit separately, and continues to do so.
The Accused VUSE ALTO Products (Cartridge Engaged with the Power Unit Shown) the vapor channel of the pod assembly coinciding with a central longitudinal axis of the device body,
The Accused VUSE ALTO Products comprise a vapor channel that is surrounded by the liquid compartment and is visible through the front and rear faces as part of the pod assembly.
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1013 Exhibit: Business Wire Article

Document IPR2021-00746, No. 1013 Exhibit - Business Wire Article (P.T.A.B. Mar. 31, 2021)
Offering a powerfully satisfying vapor experience and a first-of-its-kind form factor, JUUL combines beauty and intelligent design – the hallmarks of PAX Labs – with new chemistry and patented technology to create a fundamentally different, compelling alternative to traditional cigarettes.
“There is a huge, unsatisfied demand for a product like JUUL,” said James Monsees, cofounder and CEO of PAX Labs, Inc. “The most conservative estimate is that 60 percent of smokers have tried e-cigs.
Smokers will try it and keep it, because it delivers the satisfaction they demand.” “Since launching PAX Labs, Inc. in 2007, our innovative and powerful vaporization products have consistently exceeded consumer expectation in the category and have quickly become market-leading brands,” Mr. Monsees continued.
Battery charges two times faster than the average e-cigarette Indicator light communicates battery life and pull strength Unrivaled patented technology USB charger with magnetic contact Available in four flavors: tabaac, miint, fruut, bruulé JUUL will be available for purchase in June 2015 at select stores nationwide and online at www.JUULvapor.com.
Headquartered in San Francisco, the company produces innovative premium vaporizers that provide a cleaner, modern alternative to smoking.
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1023 Exhibit: Joint Claim Construction Statement

Document IPR2021-00746, No. 1023 Exhibit - Joint Claim Construction Statement (P.T.A.B. Mar. 31, 2021)
Pursuant to Local Patent Rule 104.3 and the Court’s Scheduling Order (Dkt. No. 33), Plaintiffs Altria Client Services LLC (“ALCS”) and U.S. Smokeless Tobacco Company LLC (“UST”) (collectively, “Plaintiffs”) and Defendant R.J. Reynolds Vapor Company (“Defendant”) (collectively with Plaintiffs, the “Parties” or each individually, a “Party”) hereby submit their Joint Claim Construction Statement with respect to the asserted claims of U.S. Patent Nos. 7,798,319, 8,458,996, 8,556,070, 10,143,242, 10,264,824, 10,299,517, 10,485,269, 10,492,541, and 10,588,357.
Then, at around 5:00 pm EST on December 22, 2020 (the day before the deadline to submit this Joint Claim Construction Statement), Defendant identified Dr. John Floros as its expert witness and for the first time provided a summary of his opinions.
Defendant intends to present written and/or live expert testimony from Dr. John Floros opining that the claim term “non-hermetic seal,” read in light of the specification and the prosecution history, fails to inform with reasonable certainty, those skilled in the art (“POSA”) about the scope of the alleged invention.
For example, a seal that allowed a large amount of air to pass would be contrary to the object of the patents of maintaining the freshness of the stored tobacco.
Accordingly, Dr. Floros intends to opine that the term “non-hermetic seal” as used in the claims of the ’319, ’996 and ’070 Patents, fails to inform a POSA with reasonable certainty the scope of the alleged invention.
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1009 Exhibit: Part 1 10492541 Certified FH

Document IPR2021-00746, No. 1009 Exhibit - Part 1 10492541 Certified FH (P.T.A.B. Mar. 31, 2021)
0MB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
0MB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
0MB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
0MB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
Customer Service Window Randolph Building 401 Dulany Street Alexandria, VA 22314 Sir or Madam: October 22, 2018 Pursuant to 37 C.F.R. §§ 1.97 and 1.98, applicant(s) hereby submit(s) an Information Disclosure Statement for consideration by the Examiner.
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