The parties shall thereafter meet and confer for the purposes of limiting the terms in dispute by narrowing or resolving differences and facilitating the ultimate preparation of a Joint Claim Construction Chart.

This would allow the supplier to promptly seek an individually tailored patent prosecution bar (by stipulation or motion) prior to access, and would improve the chances of meeting the criteria set forth in In re Deutsche Bank Trust Co. Americas, 605 F.3d 1373 (Fed. Cir. 2010).

Parties who fail to diligently bring issues to the attention of the Administrative Law Judge as close to the time of the dispute as practicable may find that their arguments have lost persuasive value.

The parties should file a notice on EDIS within seven (7) business days when any issue, such as an invalidity argument, a substantive factual or expert theory (often called a “contention”), or any other allegation or defense becomes moot, or is being dropped.

In the same vein, failure to promptly seek a protective order in the face of highly objectionable or inappropriate discovery requests may undermine the opposition of a party responding to a motion to compel.

Each party will be expected to notify Nicole Muhammad, my Program Support Specialist, of one individual who will be responsible for the filings on BOX.

Likewise, an opposition or response to a motion that exceeds the relevant page limitations may be denied provisionally and returned for refiling.

Other Issues Parties should notify Chambers of the names of all non-parties or third-parties that are known to have discoverable information in this Investigation by a filing a Notice on EDIS before the first Discovery Management Teleconference, or as soon as can be determined.

Event Parties file their Proposed Procedural Schedule and identify USPTO/PTO Proceedings as well as State and Federal Litigation that is relevant to this Investigation Deadline for Propounding First Set of Interrogatories (All Parties) Deadline for Propounding First Request for Production of Documents (All Parties; must be same date as for First Set of Interrogatories) Deadline for Respondent’s Objections and Responses to Complainant’s First Set of Interrogatories and Request for Production of Documents (Must be the same date as Complainant’s due date) File Identification of Expert Witnesses, which should include a statement of their Expertise in the subject matter together with Curriculum Vitae Complainant Files Notice of Patent Priority Dates/Dates of Conception Parties Exchange List of Patent Claim Terms for Construction Deadline for Disclosure of Domestic Industry Products (Per Ground Rule 1.13) Date(s) April 24, 2023

Event Respondent Files Notice of Prior Art (This should be limited at the outset to no more than 10 pieces of prior art per patent including combinations, with the expectation that the number will be reduced to no more than 3-4 pieces per patent by the close of fact discovery) Management Conference (To discuss potential discovery issues/timing, any relevant corollary proceedings) (Likely on Webex) Complainant and Respondent provide Each Other with Their Proposed Construction of Disputed Claim Terms File Tentative List of Witnesses a Party will call to testify at the Evidentiary Hearing, with an identification of each Witness’s relationship to the party Parties Meet and Confer to Attempt to Limit Claim Terms and Claim Term Disputes File Joint Claim Construction Chart Parties to Exchange Proposed Markman Exhibit Lists and Exhibits (Except for Expert Declarations and Demonstratives) (Per Ground Rule 1.14.3.1) Parties File Markman Briefs with each Party’s Proposed Construction of Disputed Claim Terms and Explanation of Their Initial Claim Constructions and Expert Declarations (If Applicable).

Respondents note that Order No. 6 (the Adopted Procedural Order) states that the Notice of Prior Art “should be limited to no more than 10 pieces of prior art per patent including combinations” (emphasis added) and Ground Rule 4 does not impose any discrete limit on the number of references.

In order to avoid dispute and by agreement of the parties as reflected in the joint motion filed on June 2, 2023, however, Respondents are amending their NOPA to list a total of 10 pieces of prior art per patent.

System Date Exemplary Evidence Daeshin Enterprise, Korea DeÁge system (“DeÁge”) ScarLet product manufactured by ViOL, Korea (“ScarLet”) Primaeva Medical Miratone System (also known as the Renesis System) (“Miratone”) 12/18/2009  Promotional flyers listing product specification  DeAge Receipt 2010.05.27  DeAge – Busan Dermatology Clinic 2010.12.20  DeAge 09-1050 KFDA 2009.12.18  Photo of needle structure  DeAge “How to Use” 06/11/2010  SERENDIA-00017306; Scarlet intro  D&PS Monthly September 2010  Shim 2010_DKU Thesis 2010.12.01  Naver Blog The H Jan 10 2011 09/01/2009  FDA Approval of Primaeva Medical System (“FDA Approval”) (letter of approval dated September 1, 2009)  Miratone System User Manual (“Miratone User Manual”) (listing date of Draft as August 28, 2009)  Miratone System Instructions for Use (“Miratone Instructions”) (listing date of Draft as August 28, 2009)  Hantash, et al., Pilot Clinical Study of a Novel Minimally Invasive Bipolar Microneedle Radio Frequency Device, Lasers in Surgery and Medicine 41:87–95 (2009) (“Hantash 2009”) (listing the “investigational 35 W bipolar RF device” as “Renesis, Primaeva Meidcal, Inc.”)  Berube, et al., A Predictive Model of Minimally Invasive Fractional Radiofrequency Skin Treatment, Lasers in Surgery and Medicine Inv. No. 337-TA-1356: Respondents’ Amended Notice of Prior Art - 4 Ex. 2111-004

41:473–478 (2009) (“Berube”) (listing the “bipolar FRF device” as “Miratone, Primaeva Medical, Inc.”)  Alexiades-Armenakas, et al., Blinded, Randomized, Quantitative Grading Comparison of Minimally Invasive, Fractional Radiofrequency and Surgical Face-lift to Treat Skin Laxity, Arch Dermatol.

09/01/2009  FDA Approval of Primaeva Medical System (“FDA Approval”) (letter of approval dated September 1, 2009);  Miratone System User Manual (“Miratone User Manual”) (listing date of Draft as August 28, 2009);  Miratone System Instructions for Use (“Miratone Instructions”) (listing date of Draft as August 28, 2009);  Hantash, et al., Pilot Clinical Study of a Novel Minimally Invasive Bipolar Microneedle Radio Frequency Device, Lasers in Surgery and Medicine 41:87–95 (2009) (“Hantash 2009”) (listing the “investigational 35 W bipolar RF device” as “Renesis, Primaeva Meidcal, Inc.”);  Berube, et al., A Predictive Model of Minimally Invasive Fractional Radiofrequency Skin Treatment, Lasers in Surgery and Medicine 41:473–478 (2009) (“Berube”) (listing the “bipolar FRF device” as “Miratone, Primaeva Medical, Inc.”);  Alexiades-Armenakas, et al., Blinded, Randomized, Quantitative Grading Comparison of Minimally Invasive, Fractional Radiofrequency and Surgical Face-lift to Treat Skin Laxity, Arch Dermatol.

Serendia reserves the right to supplement this response accordingly, and provide additional citations to Respondents’ alleged prior art, in addi- tion to other publications, literature, products, and the background understanding of a POSITA to identify the flaws in Respondents’ contentions and further support the validity of the Asserted Patents.

A POSITA for the Na Effect Patents would typically have (1) 7-10 years of experience with developing and/or using treatment systems for delivery of electromagnetic radiation energy to skin or other tissues, and (2) a related graduate engineering degree or M.D.

The fact that the Patent Office permitted the substitute specification “without objection ‘is entitled to an especially weighty presumption of correctness’ in a subsequent validity challenge based on the alleged introduction of new matter.” Id.; see also Brooktree Corp. v. Advanced Micro Devices, Inc., 977 F. 2d 1555, Ex. 2003-030

And while Respondents’ replaced these fourteen pages with mere pincites in their July 10, 2023 Final Invalidity Contentions, Respondents still fail to indicate what portion of the cited disclosure relates to the requisite limitations.

In fact, instead of identifying any portion of Mehta which discloses alternating (or oscillating) current, Respondents simply assert that: As shown in the discussion of element 1.2 above, Mehta’s radio frequency generation module provides RF energy (an RF signal) to the plurality of electrodes.

1 2 3 4 5 6 7 8 9 1 300 Colorado, Suite 2400 Austin, Texas 78701 737.910.7319 Attorneys for Respondents Rohrer Aesthetics, LLC

Videotaped Deposition of JEAN WOLOSZKO, M.D., Ph.D. Austin, Texas Thursday, September 14, 2023 and Rohrer Aesthetics, Inc.: 1 2 3 4 5 6 7 8 9 1 8:00 a.m. Kenneth Sheehan, Esquire Fabian Koenigbauer, Esquire ICE MILLER LLP 200 Massachusetts Avenue, NW, Suite 400 Job No. 505912 Pages: 1 328 Reported by: Susan S. Klinger, RMR CRR, CSR Washington, DC 20001 202.807.4008 A P P E A R A N C E S: (Cont.)

Two Prudential Plaza 180 N. Stetson Avenue, Suite 4900 Chicago, Illinois 60601 6745 312.616.5600 1 2 3 4 5 6 7 8 9 1 September 14, 2023 8:00 a.m. Videotaped Deposition of JEAN WOLOSZKO, M.D., PH.D., held at the offices of Latham & Watkins, 300 Colorado, Austin, Texas, before Susan S. 1 2 3 4 5 6 7 8 9 1 Klinger, a Registered Merit Reporter and Certified Realtime Reporter of the States of Texas and Attorneys for the United States International California.

Trade Commission Office of Unfair Import Investigations: Aaron Rauh, Esquire (Via Zoom) 500 E Street, SW Washington, DC 20436 202.205.2025

I, Susan S. Klinger, Registered Merit Reporter and certified stenographic reporter of the States of Texas, California and New Mexico, before whom the foregoing deposition was taken, do hereby certify that the foregoing transcript is a true and correct record of the testimony given; that said testimony was taken by me stenographically and thereafter reduced to typewriting under my direction; and that I am neither counsel for, related to, nor employed by any of the parties to this case and have no interest, financial or otherwise, in its outcome.

The apparatus 10, 320, 360, 360, 400, 460 may be employed to apply cosmetics, medications and/or other actives directly to the skin and maintain their presence long-term while using LED or other actinic light to increase their effect on the cells and tissue in the body.

As noted the DTA 900 SGC 911 RFSG 911A, NDMC 911B, and PSG 911C may enable a useror clinician to select a variety of operational parameters to deliver a desired combination ofelectrical, light (photonic), and mechanical (needle) therapy to dermatological tissue.

The apparatus 10, 320, 360, 360, 400, 460 may be employed to apply cosmetics, medications and/or other actives directly to the skin and maintain their presence long-term while using LED or other actinic light to increase their effect on the cells and tissue in the body.

As noted the DTA 900 SGC 911 RFSG 911A, NDMC 911B, and PSG 911C may enable a useror clinician to select a variety of operational parameters to deliver a desired combination ofelectrical, light (photonic), and mechanical (needle) therapy to dermatological tissue.

Fee Worksheet (SB06) fee-info.pdf Information: fcaef63435601 baB33 ber.631977b1 $5428) 046c This AcknowledgementReceipt evidencesreceipt on the noted date by the USPTO ofthe indicated documents, characterized by the applicant, and including page counts, whereapplicable.It serves as evidenceof receipt similar to a Post Card, as described in MPEP 503.

As the newestinnovationin the space and first platform RF microneedling device, we interviewed leading physicians about why theyintegrated VirtueRFinto their practice and their experience with the technology.

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