Specifically, I have: designed memories, including Dynamic Random Access Memories (DRAMs), Static Random Access Memories (SRAMs), Charge Coupled Devices (CCDs), Shift Registers (SRs), and functional circuits including I/O buffers for address and data, decoders, clocks, sense amplifiers, fault tolerant (incorporating both non-volatile programmable and random access memory components), parallel-to- serial data paths for video applications, level shifters, converters, pumps, and logic, as well as wireless communication systems and MEMs sensors; managed operations including engineering, training, and quality assurance for device fabrication, assembly, test, analysis, and reliability assessment, as well as manufacturing control, each of which involved both volatile and non-volatile memory; performed testing, analysis, and control involving use of mechanical calibration and measuring equipment, including optical, scanning e- beam, IR, capacitive, and laser using phase contrast and FFT for HARI applications; taught courses in solid-state device physics, integrated circuit design, integrated circuit fabrication, and statistical control; provided expert services, investigating both process and design technologies of various devices (microprocessor and controller, volatile and non-volatile memory, programmable logic, card, tag, module, mixed signal, custom, and other), systems (PC and peripheral, computer, control, laser measurement, switch, architecture, software, and other), consumer products (medical, TV, telephone, VCR, facsimile, copier, lighting, game, and other), and products related to wireless communication, tracking and geofencing; and Altria Ex. 2001.013 RJR v. Altria

Applying the level of ordinary skill in the art, it is my opinion that these articles that do not provide a sufficient disclosure to enable a POSA to combine the references to make the claimed inventions with a reasonable expectation of success3.

Furthermore, Verleur discloses that the heating element and wick are located near the center of the liquid compartment, as was common in the prior art, and thus not at the upstream end of the pod assembly.

Applying the level of ordinary skill in the art, it is my opinion that these articles that do not provide a sufficient disclosure to enable a POSA to combine the references to make the claimed inventions with a reasonable expectation of success5.

Applying the level of ordinary skill in the art, it is my opinion that these articles that do not provide a sufficient disclosure to enable a POSA to combine the references to make the claimed inventions with a reasonable expectation of success6.

A panel of three Administrative Patent Judges of the PTAB first decides whether to institute an IPR based on whether the petitioner has shown a reasonable likelihood of prevailing on at least one challenged claim.

mindful that, in the months leading up to PTAB’s decision whether to grant IPR, the parties and the court would expend many resources in litigation that could be rendered unnecessary by the outcome of IPR.” Sharpe Innovations, 2018 WL 11198604, at *3.

LLC v. Apple Inc., 621 F. App’x 995, 1005 (Fed. Cir. 2015) (finding factor weighed in favor of stay where the district court had held a Markman hearing and had heard dispositive motions, but the case had yet to go to trial).

“Generally, the statutory time constraints on IPR proceedings limit the extent of prejudice to the non-movant, particularly where a stay would not diminish the amount of monetary damages recoverable by the plaintiff.” Sharpe Innovations, 2018 WL 11198604, at *4.

Courts agree that this factor—which originated as one of the statutory factors designed by Congress for PTAB review of CBM patents—is “designed to place a thumb on the scales in favor of a stay” by “look[ing] prospectively in determining whether a stay will reduce the further burdens of litigation.” Id. (citation omitted).

Pursuant to Local Patent Rule (“LPR”) 103.3, 103.6, 103.7 and the Court’s Scheduling Order (Dkt. 33), Defendant R.J. Reynolds Vapor Company (“Reynolds”), by its attorneys, sets forth the following Amended Preliminary Invalidity Contentions to Plaintiffs Altria Client Services LLC and U.S. Smokeless Tobacco Company LLC (collectively “Altria” or “Plaintiffs”).

Reynolds’s discovery and investigation in connection with the validity of the Asserted Claims is ongoing, and Reynolds’s response is based on information obtained to date.

This response is not, however, an admission that any particular claim element is present in any current commercial product of Reynolds, either literally or under the doctrine of equivalents.

other orders by the Court, and/or the Federal Rules, in the event that additional information is discovered relating to these devices or systems.

Additionally, prior art not included in this response, whether or not now known to Reynolds, may become relevant depending on the claim constructions that the Court may adopt.

First, the statistics that Reynolds proffers concerning the institution and invalidity rates at the PTAB show the likelihood that the majority of Altria’s asserted patent claims will survive the IPR process, meaning that a trial in this case will go forward in any event.

As such, Reynolds is not employing the IPR process as an efficient alternative to district court adjudication of patent validity, but instead as a strategic weapon to delay Altria from proceeding expeditiously with its claims.

LEXIS 135202, *5 (Sept. 25, 2014) (“[T]his case is in a fairly early stage of litigation, Plaintiff having only recently filed its second amended complaint, with relatively minimal discovery to date.”); Sharpe Innovations v. T-Mobile United States, Nos. 2:17-cv-351, 2:17-cv-412, 2018 U.S. Dist.

And in a parallel litigation involving most of the same parties as here, Reynolds took the opposite position it now advances by opposing a pre-institution stay motion because “[a]t best, Defendants’ chances before the PTAB are unknown.” See Ex. 1, RAI Strategic Holdings, Inc. v. Altria Client Services LLC, No. 1:20-cv-00393-LO- TCB, Dkt. No. 405 at 11 (E.D.

... [W]here, as here, ‘the parties are direct competitors,’ ‘courts have found a higher risk of prejudice to the non-movant—for example, harms that go beyond calculable money damages, including more permanent loss of market share and goodwill.’” Ex. 1, EDVA Litigation, Dkt. No. 405 at 17.

Pursuant to Local Patent Rule (“LPR”) 103.3 and the Court’s Scheduling Order (Dkt. 33), Defendant R.J. Reynolds Vapor Company (“Reynolds”), by its attorneys, sets forth the following Preliminary Invalidity Contentions to Plaintiffs Altria Client Services LLC and U.S. Smokeless Tobacco Company LLC (collectively “Altria” or “Plaintiffs”).

Reynolds’s discovery and investigation in connection with the validity of the Asserted Claims is ongoing, and Reynolds’s response is based on information obtained to date.

This response is not, however, an admission that any particular claim element is present in any current commercial product of Reynolds, either literally or under the doctrine of equivalents.

Additionally, prior art not included in this response, whether or not now known to Reynolds, may become relevant depending on the claim constructions that the Court may adopt.

Item offered for sale or publicly used or known Ball Regular Dome Lids (partial lid insert for canning jar) Dr. Pat Irish Mixture De- Luxe Pipe Tobacco Dunhill Nightcap Erinmore Flake Erinmore Mixture Escudo Navy De Luxe Flying Dutchman Tobacco Honey & Chocoloate Loose Cut Pipe Tobacco

PAX Labs Raises $46.7 Million in Series C Funding | Business Wire Page 1 PAX Labs Raises $46.7 Million in Series C Funding Investment Will Fuel Company’s Growth in Category Redefining Vapor Products June 10, 2015 10:00 AM Eastern Daylight Time SAN FRANCISCO--(BUSINESS WIRE)--PAX Labs, Inc., the technology company behind products that provide a cleaner, modern alternative to smoking, today announced $46.7 million in new funding led by existing investors with participation from Fidelity Management & Research Company; Sivia Capital; individual investors from finance, Pharma, entertainment and Silicon Valley leadership; and a group led by Chuck Pieper and Brian Finn.

PAX Labs will use this latest round of funding to accelerate its mission to apply vapor technology and science across already mature industries, providing better consumer options.

“Vaporization is a highly disruptive technology, and we are focused on applying our innovations across new industries and use cases,” said James Monsees, CEO and co-founder, PAX Labs.

“Our integrated science and technology platforms have the potential to rapidly innovate the $1 trillion existing tobacco industry and have broad applications for entire new delivery systems that will amaze consumers and drive growth.

Founded in 2007 by two Stanford Design Masters program graduates, PAX Labs (formerly known as Ploom, Inc.) applies vapor science and technology across a number of industries, beginning with the smoking experience.

The base plate 36 functions as a mounting surface for the electric heater 14 and a thermal barrier between the vaporization chamber 26 and other housing 16 components, such as controllers/control circuitry and/or the internal power supply 12.

[0027] Generally, any material that can be machined, or more preferably molded, to the desired shape, and that can withstand chemical degradation by the liquids used in the system and high temperatures (for example, in excess of 150° C or even 200° C) can be used to make the base plate.

A representative, non-limiting list of useful heat- resistant thermoplastic polymers include liquid crystal polymers ("LCP"), Polyetheretherketone (PEEK), Polyether Imide (PEI), Polyphenylene Sulfide (PPSs) fluoropolymers, Polyimides, Polyamideimides (PAIs), High-performance polyamides (HPPAs), polyimides (PIs), polyketones, polysulfone derivatives, polycyclohexane dimethyl-terephthalates (PCTs), fluoropolymers, polyetherimides (PEIs), polybenzimidazoles (PBIs), polybutylene terephthalates (PBTs), syndiotactic polystyrene, acrylonitrile-methyl acrylate copolymers (for example Barex® resins manufactured by Velox, Hamburg, Germany), and the like.

[0042] While the embodiment of Figs. 1-7 is effective, a person of ordinary skill in the art can recognize that more symmetry of airflow around the heater can improve particle size distribution and reduce the likelihood of condensation in the vaporization chamber.

A representative, non- limiting list of useful heat- resistant thermoplastic polymers include liquid crystal polymers ("LCP"), polyetheretherketone (PEEK), polyether imide (PEI), polyphenylene sulfide (PPS) , fluoropolymers, polyimides, polyamideimides (PAIs), high- performance polyamides (HPPAs), polyimides (PIs), polyketones, polysulfone derivatives, polycyclohexane dimethyl- terephthalates (PCTs), fluoropolymers, polyetherimides (PEIs), polybenzimidazoles (PBIs), polybutylene terephthalates (PBTs), syndiotactic polystyrene, acrylonitrile-methyl acrylate copolymers (for example Barex® resins Velox, Hamburg, Germany), and the like.

I, Robert Magee, am over eighteen years of age and would be competent to testify as to the matters set forth herein if called upon to do so.

I am an attorney in the law firm of Weil, Gotshal & Manges LLP and counsel to Patent Owner.

Exhibit 2011 is an article titled “PAX Labs Raises $46.7 Million in Series C Funding,” dated June 10, 2015.

I visited this website on July 14, 2021, to confirm the availability of the article.

I declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States code.

- designed and managed development, testing, and evaluation of devices including Dynamic Random Access Memories (DRAMs), Static Random Access Memories (SRAMs), Charge Coupled Devices (CCDs), Shift Registers (SRs), and functional circuits including I/O buffers for address and data, decoders, clocks, sense amplifiers, fault tolerant, parallel-to-serial data paths for video applications, level shifters, converters, pumps, and logic, as well as wireless communication systems and MEMs applications; - managed operations including engineering, training, and quality assurance for device fabrication, assembly, test, analysis, and reliability assessment, as well as manufacturing control, each of which involved both volatile and non-volatile memory; testing, analysis, and control involving use of mechanical calibration and measuring equipment, including optical, scanning e-beam, IR, capacitive, and laser using phase contrast and Fast Fourier Transform (FFT) for High Aspect Ratio Inspection (HARI) applications; audio and video system design and installation; - taught courses in solid state device physics, integrated circuit design, integrated circuit fabrication, and statistical control; - provided expert services, investigating both process and design technologies of various devices (microprocessor and controller, memory, programmable logic, card, tag, module, mixed signal, custom, and other), systems (PC and peripheral, computer, control, laser measurement, switch, architecture, software, and other), and consumer products (medical, TV, telephone, VCR, facsimile, copier, lighting, game, and other); - - provided nuclear radiation hardness testing services for military and space clients; and managed the design and installation of audio sound and video systems for private and commercial enterprises.

McAlexander Sound, Inc. (McASI) - Richardson, TX President o System, Product, and Process investigation, expert witness services for protection of intellectual property; o Patent portfolio development and valuation; o Product liability and insurance claim investigation, expert witness services for matters involving such claims; o Quality Systems consulting and engineering; o Radiation Hardness Testing Technical Representative; o Technical Advisor in High Aspect Ratio and Surface Contour Measurement using Direct-to-Digital Holography.

'82 - '84 Quality/Reliability Assurance and Engineering Manager, TI Singapore assembly/test facility '81 - '82 effective an operated and implemented, o Developed, Quality/Reliability Assurance program for assembly processing including optical pattern recognition for equipment registration; o Supervised 225 people for 7 day/week operation, including QRA, Computer Systems software development, and Training; o Trained engineers in Solid State Physics, device fabrication, and statistical process control.

Joseph C. McAlexander III (1980) High Performance Dynamic MOS Read/Write Memory (2011) System and method for tracking the location of multiple mobile radio transceiver units (assigned to MDFHoldings, Inc.) [States: AT BE BG CH CY CZ DE DK EE ES FI FR GB GR HU

Cases over at least the past 7 years, either active or closed, in which I have signed a Protective Order, have testified as an expert either at a trial, hearing, or deposition, or have submitted statements / opinions by declaration, affidavit, or report, are:

Upon information and belief, Defendant knows 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.

Reynolds Vapor’s infringement of the 242 Patent has been and continues to be deliberate, willful, and unlicensed, rendering this an exceptional case and permitting Plaintiffs to seek attorney fees and costs under 35 U.S.C. § 285.

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,

Reynolds Vapor’s infringement of the 517 Patent has been and continues to be deliberate, willful, and unlicensed, rendering this an exceptional case and permitting Plaintiffs to seek attorney fees and costs under 35 U.S.C. § 285.

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.