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6 Response: Patent Owners Preliminary Response

Document IPR2021-00746, No. 6 Response - Patent Owners Preliminary Response (P.T.A.B. Jul. 15, 2021)
By the time the Board’s institution decision is due in October, the parties will have completed fact discovery, exchanged expert reports on invalidity grounds substantially identical to those raised in the Petition, and will be on the verge of filing dispositive motions.
Because the parties and the District Court already will have invested substantial resources litigating the same validity issues presented here, and because these circumstances are the result of Petitioner’s unexplained delay, this Fintiv factor heavily favors denying institution.
Petitioner may propose, as it has in other pending IPR proceedings, to stipulate that it will not rely on the primary references in the Petition, Juul 1 and Verleur, in the District Court case, in order to tip this factor in its favor.
To the extent the Juul Articles disclose a vaporizer compartment, it could be located in a number of places on this image, including at the top, behind the black portion, or somewhere along the silver tube.
U.S. Patent No. 10,492,541 In sum, Verleur teaches a standard prior art e-cigarette device with an unhoused heating element and wick located near the center of the liquid compartment.
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POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING ...

Docket 16/166,899, U.S. Patent Application (Oct. 22, 2018)
Art Group1741
Case TypeUtility - 131/330000
Class131
Patent
10492541
Raymond LAU
Eric HAWES
Alistair BRAMLEY
...
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Request for Trial Denied

Document POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING THE SAME, 16/166,899, No. KUSDO5S3LDFLYX4 (U.S. Pat. App. Oct. 8, 2021)
Patent 10,492,541 B2 including, but not limited to, water, beads, solvents, active ingredients, ethanol, plant extracts, natural orartificial flavors, and/or vapor formers suchas glycerine and propylene glycol.
Specifically, for purposes of the Petition, Petitioner proposes that the Board should construe the term “face” according to Patent Owner’s contentionsin the District Court case, namely, to mean “the surface of an object,’ which does not need to be bounded by one or more edges.”Jd.
For reasons that follow, however, we find Petitioner does not show sufficiently that an ordinarily skilled artisan would have understood the Juul Articles to disclose a pod assembly having a device compartmentdistinct from a pre-vapor formulation compartmentas specified in claim 24.
For example, in connection with the front, rear, and side faces allegedly identifiable in Verleur’s cartomizer 200A,Petitioner does not explain where one surface endsor another begins, and no explanationis self- evident upon review of Figure 12.
Patent 10,492,541 B2 Evenif we accept that the “outer shell” of Verleur’s vaporizer may have external “sides,” as arguably suggested by Verleur’s Figure 15, Mr. Leinsing does not explain adequately why that would have suggestedthat the cartomizer, designed for insertion into an internal chamberof that “outer shell,” also has a plurality of sides.
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KIQ2M7JKDFLYX11

Document POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING THE SAME, 16/166,899, No. KIQ2M7JKDFLYX11 (U.S. Pat. App. Dec. 15, 2020)

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K8HOEDH1RXEAPX5

Document POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING THE SAME, 16/166,899, No. K8HOEDH1RXEAPX5 (U.S. Pat. App. Apr. 3, 2020)

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K1MDCB08RXEAPX4

Document POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING THE SAME, 16/166,899, No. K1MDCB08RXEAPX4 (U.S. Pat. App. Oct. 11, 2019)

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K0S9CUEORXEAPX3

Document POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING THE SAME, 16/166,899, No. K0S9CUEORXEAPX3 (U.S. Pat. App. Sep. 20, 2019)

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JY698OE9RXEAPX2

Document POD ASSEMBLY, DISPENSING BODY, AND E-VAPOR APPARATUS INCLUDING THE SAME, 16/166,899, No. JY698OE9RXEAPX2 (U.S. Pat. App. Jul. 16, 2019)

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