The lid was “of generally circular shape including a Petition for Inter Partes Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. IPR2024-01000 circumferentially extending raised edge 2 for attaching can end 1 to a suitable cylindrical beverage can 3.” (Kaminski, 2:65-3:4).

Metzger explained the benefits of the curvature of the tapered transition, including creating an aesthetically pleasing top, providing the user with increased leverage, and preventing contact with adjacent containers.

Petition for Inter Partes Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. IPR2024-01000 Metzger, Fig. 2 (Annotated) The tapered transition was greater in diameter along its entirety than the diameter of the neck opening (first opening to the Petition for Inter Partes Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. IPR2024-01000 container body interior) because the tapered transition had a monotonic slope that caused the cross-section of the upper sidewall to continually decrease from the middle portion of the container side wall to the upper edge.

A POSITA would have been guided by the teachings of Brown’s tab Petition for Inter Partes Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. IPR2024-01000 position both before and after it punctured a scored area of the lid, and would have found the claimed elements obvious.

A POSITA would have found it obvious to look to the teachings of Brown to understand how to operate Gardiner’s tab to open a pour aperture in Gardiner’s lid, since these references are analogous and readily combinable to obtain predictable Petition for Inter Partes Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. IPR2024-01000 results.

The PGR Petition advances additional obviousness arguments based on a prior art product.

Because the two petitions have substantial overlap in their invalidity arguments, and only one would need to be instituted U.S. Pat. No. 11,932,441 PTAB Case No. PGR2024-00035 depending upon the Board’s AIA-status determination,1 they create no “substantial and unnecessary burden on the Board and the patent owner” or create any “fairness, timing, and efficiency concerns.” See Consolidated Trial Practice Guide (Nov. 2019) at 59.

Indeed, the Practice Guide expressly contemplates the need for multiple petitions “when there is a dispute about priority date.” Id. That is precisely the case here.

The PGR Petition additionally challenges the patentability of all claims as obvious over a prior art product.

U.S. Pat. No. 11,932,441 PTAB Case No. PGR2024-00035 Respectfully submitted, /Babak Tehranchi/ Lead Counsel Babak Tehranchi, Reg. No. 55,937 Back-up Counsel M. Craig Tyler, Reg. No. 41,519 Daniel T. Shvodian, Reg. No. 42,148 Kristen Schunter, Reg. No. 76,519 R. Tyler Kendrick, Reg. No. 73,930 Andrew Kalamarides, pro hac vice to be submitted Attorneys for Petitioner MPL Brands NV, Inc.

A POSITA would have been motivated to modify the Coca- Cola PCAN to use features of Protais’ base, e.g., Protais’ ribs, notches, and/or grooves, to achieve increased strength and resistance to deformation.

A POSITA would have been motivated to use the features of Protais’s base, including some or all of its ribs, notches, and grooves, to increase the strength and resistance to deformation of the container taught by Metzger.

Additionally, Petition for Post-Grant Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. PGR2024-00035 the ’441 patent does not attach any significance to the relative size of the middle and base portions, which is merely an ornamental feature and a routine design choice.

Petition for Post-Grant Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. PGR2024-00035 Example Combination of Metzger and Protais Finally, the recitations following the thereby clause which merely state an intended result should not be given any patentable weight.

Metzger explained benefits of the curvature of the tapered transition, including creating an aesthetically pleasing top, providing the user with increased Petition for Post-Grant Review of U.S. Pat. No. 11,932,441 B1 PTAB Case No. PGR2024-00035 leverage, and preventing contact with adjacent containers.