Rather, K-fee attempts to argue that Petitioner should be required to make arguments from a related district court case that dealt with issues of non-infringement of its Vertuo product, which are not relevant here.

Chanel v. Molo Design, IPR2022-00543, Paper 7, 9- 10 (PTAB Aug. 12, 2022) (finding no inconsistency with district court constructions and declining to deny institution).

The district court’s claim construction included K-fee’s representations to the EPO about the meaning of a “barcode,” which K-fee characterized in attempt to avoid invalidity in Europe by the Jarisch reference.

Yet K-fee’s expert is curiously silent on the entire issue of Yoakim or Jarisch’s disclosures relating to “barcode” (see EX2001), presumably because K-fee is currently arguing the opposite of its POPR position on appeal to the Federal Circuit.

Third, “Patent Owner does not cite any authority squarely holding that judicial estoppel is applicable in Board proceedings.” Precision Planting, LLC v. Deere & Company, IPR2019-01044, Paper 17, at 35 (P.T.A.B. Dec. 2, 2019).

In overcoming the priority notification, Applicant stated that “[i]t appeared to have been understood by the Examiner that the support need not have been verbatim, and that the drawings taken in connection with the text portion of the specification (including the multiple dependent claims) was to be considered.” Id. at 21.2

[1.j] (ii) a barrier layer to prevent moisture or aroma from escaping out of the single-serve capsule; [1.k] wherein the beverage machine also comprises: (i) a mandrel that is configured to pierce the cover in a region that is offset from the central axis of the base element;

In Novozymes, the parties disputed whether an application provided written description support for a claimed protein variant that included an amino acid substitution at a specific location and had increased thermostability under certain conditions.

Because the patentee provided no evidence that it tested and actually possessed the claimed invention, nor any “‘blaze marks’ that would lead an ordinarily skilled investigator toward such a species among a slew of competing possibilities,” the Court affirmed the finding of lack of written description.

Petitioner then concedes that Yoakim falls short, arguing (again, without supporting evidence) that Rossi discloses the complete limitation – controlling a pump to supply water upon both detection of the identifier and a determination by the machine that the barcode agrees with a stored reference.

U.S. Patent No. 11,230,430 Patent Owner K-fee System GmbH, hereby appoints the Practitioner(s) below to transact all business in the United States Patent and Trademark Office associated with the above-captioned inter partes review of U.S. Patent No. 11,230,430: Michael P. Chu (Reg. No. 37,112) Douglas Carston (Reg. No. 43,534) Ian B. Brooks (Reg. No. 66,709) Adam Burrowbridge (pro hac vice) Scott Benjamin Pleune (Reg. No. 52,421) The individual signing below has the authority to execute this document on behalf of Patent Owner K-fee System GmbH.

K-fee System GmbH By:

K-fee System GmbH is a wholly owned subsidiary of Kruger GmbH & Co. KG, along with Kruger North America, Inc. Related Matter Under Rule §42.8(b)(2) U.S. Patent No. 11,230,430 is the subject of Civil Action No. CV 22-525- GW-AGRx, which is pending in the U.S. District Court for the Central District of California.

U.S. Patent No. 11,230,430 is part of the same family of patents owned by K- fee System GmbH that is the subject of IPR Nos. IPR2022-01574 and IPR2023- 00502, which are pending institution.

U.S. Patent No. 11,230,430 is also part of the same family of patents owned by K-fee System GmbH against which the following IPRs were previously filed and institution denied on January 18, 2022:  IPR2021-01221 (U.S. Patent No. 10,858,176)  IPR2021-01222 (U.S. Patent No. 10,858,177)  IPR2021-01223 (U.S. Patent No. 10,870,531) This IPR may be affected by a decision in K-fee System GmbH v. Nespresso USA, Inc., No. 2022-2042, pending at the United States Court of Appeals for the

Patent Owner consents to electronic service on counsel of record.

Date: February 13, 2023 Respectfully submitted, / Michael P. Chu / Michael P. Chu, Lead Counsel Registration No. 37,112 Attorneys/Agents for Patent Owner

Sharkninja Operating LLC v. iRobot Corp., IPR2020-00733, Paper 11, 42-43 (PTAB Oct. 6, 2020) (“We discern that the likeliest explanation, on this record, for the Examiner’s failure to discuss Kim is that the Examiner simply overlooked Kim’s pertinence to the claims, perhaps because it was one reference among 1577 included in an IDS.

EX1003, ¶¶138-139; 3Shape A/S and 3Shape Inc., v. Align Tech., Inc., IPR2021-01323, Paper 16, 12 (PTAB Jan. 31, 2022) (finding petitioner demonstrated the Examiner materially erred by overlooking the combined teachings of prior art, which did not have the deficiencies noted in the Examiner’s Reasons for Allowance); Viken Detection Corp. v. Am. Sci. and Eng.

Patent No. 11,230,430 Petition for Inter Partes Review For example, in its Infringement Contentions, K-fee asserts that the below product in the shape of a continuous dome is a single-serve capsule that includes a “base element with a cavity” and a “cover that is fastened to the top side of the flange to close the cavity.” EX1049, 11.

Patent No. 11,230,430 Petition for Inter Partes Review “The written description requirement is not met when, as here, the specification provides at best disparate disclosures that a skilled artisan might have been able to combine in order to make the claimed invention.” Flash-Control LLC v. Intel Corp., 2021 WL 2944592, at *4 (Fed. Cir. 2021).

However, a POSITA would have been motivated to combine the single-serve brewing system, capsule, and concepts of Yoakim, the code location of Jarisch, the machine activation control of Rossi, with the ejection mechanism and drop box of Castellani to arrive at the ’430 Patent claims.

Mail Stop Patent Board Patent Trial and Appeal Board U.S. Patent and Trademark Office P.O.

Box 1450 Alexandria, VA 22313-1450

750002644.1 In the Inter Partes Review of U.S. Patent No. 11,230,430 hereby appoint Practitioner(s) at Mayer Brown LLP associated with Customer Number 26565, as my attorney(s) to prosecute the aforementioned proceeding, and to transact all business in the United States Patent and Trademark Office connected therewith, including appointment of lead and backup counsel.

Please recognize the correspondence address (including any electronic mail address) for the above identified Inter Partes Review proceeding to be the address associated with appointed lead and backup counsel.

MR. MCCRAW: I'd like to introduce what has been previously marked as Exhibit 2017 in IPR proceeding 2023-0052, the "Declaration of Laurens Howle in Support of Patent Owners Response."

Page 14 MR. MCCRAW: I would like to introduce what has been previously marked as Exhibit 2017 in IPR No. 2023-00485, the "Declaration of Laurens Howle in Support of Patent Owner Response.

I consulted some of those, the name of which or the author I don't recall off the top of my head, but I looked for such things as typical porosities of different coffee grinds, along those lines.

It states, "My opinions are additionally guided by my appreciation of how a POSITA would have understood the Claims of the '923 patent and its earlier filed applications at the time of the invention, which I have been asked to assume is February 7, 2011.

Page 48 Dr. Howle, in forming your opinions in the 485 and 502 IPRs, you came to the conclusion that the Yoakim reference does not disclose a capsule free of a filter in the cavity; is that correct?

The Hearing, pursuant before the Honorable Theodore R. Essex, Administrative Law Judge for the United States International Trade Commission.

Nespresso USA, Inc. Ex. 1069 Page 3 of 198 APPEARANCES(Continued): On behalf of Respondents Solofill, LLC, and DonGuanHai Rui Precision Mold Co., Ltd.:

Andit's resting on top of these protrusions it, upwardly extending ribs, whatever you want to call separates it from the bottom of that receptacle; right?

Nespresso USA, Inc. Ex. 1069 Page 17 of 198 needs to be a filter media of the manydesign choices available to you to prevent the coffee from just spilling out through the passageway exit.

He's mentioning that, but when I look at what's in the quoted thing about a third of the way down the page, he's talking about "mixing should be carried out while entrapping sufficient air to form a good foam or froth."

MR. MCCRAW: I'd like to introduce what's been previously marked as Exhibit 2021 in this proceeding, the "DECLARATION OF LAURENS HOWLE IN Support OF PATENT OWNER'S RESPONSE."

Power tools, hydraulic machinery, high end racing bikes, fire suppression equipment, various fluid mechanical devices, such as paint guns for commercial work.

So in Paragraph 4 you state that "at Kaye Products, I programmed custom bar codes for use in inventory control of more than 250 different raw materials and components."

THE WITNESS: BOEM, B-O-E-M, the Bureau of Ocean Energy Management, and the National Oceanographic and Atmospheric Administration, writing software to simulate entanglement severity and probability of various critically endangered marine animals with offshore wind turbines.

They can be coupled to various sensing mechanisms used in the computing tomography machines, but it's directed generally to high rate power injection of contrast media for radiological studies.

I am the lead inventor on United States Patent No. 9,884,166, titled “Jetless Intravenous Catheters and Mechanical Assist Devices for Hand Injection of Contrast Media During Dynamic Computer Tomography and Methods of Using Same”.

A POSITA would have understood the second German application’s recitation of “[a]n annular peripheral region 2.4, onto which for example a cover sheet is sealed” to support limitation [1.g], “a barrier layer to prevent moisture or aroma from escaping out of the single-serve capsule.” Ex. 1047 at 41:19-22 (emphasis added).

Claim limitation [1.i], “a beverage machine comprising: (i) a sensor/detector,” finds support in the second German application’s description of the embodiment depicted in Figures 16 and 17, which states that “[a] person skilled in the art is also aware that for example the insertion shaft may also contain a sensor.” Id. at 43:11-14.

I previously discussed my opinion that a POSITA would have understood the “form- fitting, friction-fitting and/or detection means [2.4.2] to be sensed by a detector” to encompass repeat patterns such as a barcode or the toothed ring explicitly illustrated in Figures 16, 17, and 18.

Coursey, C.C., Nelson, R.C., Weber, P.W., Howle, L.E., Nichols, E.B., Marin, D. & DeLong, D. "Contrast material administration protocols for 64-MDCT Angiography: Altering volume and rate and use of a saline chaser to better match the imaging window - physiologic flow phantom study".

One of the advantages offered by the present inven tion lies in the possibility of forming liquid outflow passages of sufficiently wide cross section.

By providing the capsule according to the invention with a weakened Zone of wide cross section, it is possible to guarantee that there will be outflow space.

When a piercing element applies suffi cient pressure to the region of the beading, the rupture initia tors yield and this has the effect of allowing water to enter the capsule (see FIGS. 9-12).

0046 According to an alternative form, the material com prises the following components: starch (>70%), fibers, pro teins, lipids, glycerin of plant origin, biodegradable resins.

0047 According to another alternative form, the material comprises the following components: starch (>70%), fibers, proteins, lipids, biodegradable resin, inorganic coloring.

It has been found that consumers have had difficulty with these types of identification or tracking devices because it is often difficult to precisely place the container in position relative to the scanning and dispensing machine.

Accordingly, systems and methods have been devel oped in an attempt to address the frustrations consumers face when trying to precisely align a container with a scanning and dispensing machine.

0035 Embodiments of the present invention include a sys tem and method that use annular bar code indicia extending around the exterior surface of a cup or containerto identify the type and quantity of beverage associated with that container.

At checkout, a store clerk or cashier can use a separate machine to scan the indicia on the container and automatically gener ate and input the price of the beverage into a cash register or other device used to complete a purchase.

In embodiments of the present inven tion, the programmable processor can send commands to the control circuitry 30 to visually or audibly alert a consumer of

Therefore, there is a need for providing a capsule system that is able to deliver conveniently a wider variety of beverages, in particular coffees having different characteris tics (taste, crema, etc.) in the centrifuge brewing device.

Generally, the capsule is initially sealed in a gas tight manner before preparation and the extractable or infusible ingredient(s) comprises ground coffee powder, soluble cof fee, tea, chocolate, whitener, flavours or combinations thereof.

As used herein, the average particle size “Das' rep resents the mean Volumetric diameter of the coffee grind as obtained by laser diffraction method using a Malvern R) opti cal instrument and butanol as dispersing agent for the par ticles.

The lid is further provided with a collecting assembly 52 comprising an inside chamber 53 Surrounding the capsule's radial openings and a nozzle 530 forming a tube for directing the beverage or food liquid to the recipient or cup.

The injection tube also engages into the capsule up to a region preferably closer to the more narrow side or bottom so that water can wet the whole mass of Substance, e.g., ground coffee powder.

A capsule base has a concave bottom floor with angularly spaced structural ribs that form channels for direct ing brewed beverage to a sharpened spout.

Description of Related Art 0005 For many years preparing a beverage, such as cof fee, has involved brewing multiple servings in a pot or other container using loose coffee grounds.

Infusible material, such as the ground coffee 25 shown in FIGS. 4 and 5, is contained in a cavity intermediate the water distribution plate 24 and the filter 23 and bounded by a side wall 30 of the capsule base 21.

For example, a plurality of ridges could be located over portions of the inner side wall surface to provide a positive incremental detent action by interacting with a structure equivalent to the tail 52.

In use, once the lid 106 is latched in place, the user closes the switch 111 to initiate operation whereupon the electrical equipment apparatus in the vertical structure 104 produces hot water under pressure at the requisite tempera ture.

The openings in the wall are preferably in the form of elongate slots which are generally ar- ranged in a manner such that an even distribution of the liquid medium through the beverage preparation ingredients is acheived.

The beverage preparation ingredients contained in the packages used in the invention are preferably roast and ground coffee, or leaf tea, and according to individual taste, powdered milk or creamer, sugar or artificial sweetner.

As mentioned above, the package used in the present invention contains one or more beverage ingredients, for example, roast and preparation ground coffee or leaf tea and sugar and/or creamer, as desired.

For example, a machine of the type as described in our European Patent Application No. 89302708.6 can be fitted with an appropriate sensor to sense and identify a recognition means provided on beverage packages intended for use therewith.

The sensing arm operates a switch (not shown) which thereby transmits informa- tion concerning the presence or absence of the pegs on the package to the control mechanism for the bev- erage dispensing machine.