Case IPR2024-00160
`U.S. Patent No. 11,497,864
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`JUUL LABS, INC.
`Petitioner,
`v.
`NJOY, LLC,
`
`Patent Owner
`______________________
`
`IPR2024-00160
`U.S. Patent No. 11,497,864
`______________________
`
`DECLARATION OF REBECCA MOORE
`
`
`
`NJOY Exhibit 2024.001
`Juul v. NJOY
`IPR2024-00160
`
`
`U.S. Patent No. 11,497,864
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`JUUL LABS, INC.
`Petitioner,
`v.
`NJOY, LLC,
`
`Patent Owner
`______________________
`
`IPR2024-00160
`U.S. Patent No. 11,497,864
`______________________
`
`DECLARATION OF REBECCA MOORE
`
`
`
`NJOY Exhibit 2024.001
`Juul v. NJOY
`IPR2024-00160
`
`
`
`Case IPR2024-00160
`U.S. Patent No. 11,497,864
`
`1. My name is Rebecca Moore. The statements contained in this declaration are
`
`based on my personal knowledge and the document cited in this declaration. I am
`
`not being separately compensated for the time spent in preparing this declaration.
`
`2. I am a co-owner of Fuma International LLC (“Fuma”). I have worked at
`
`Fuma since the company was formed in July 2009. I am currently employed as
`
`Fuma’s Chief Operating Officer. While working at Fuma, I have been responsible
`
`for maintaining Fuma’s invoices and sales information for Fuma’s products,
`
`including but not limited to, Fuma’s cartridges and starter kits. I maintained Fuma’s
`
`invoices and sales information in two systems, which are called QuickBooks and
`
`Fishbowl.
`
`3. Exhibit 2031 is a true and accurate copy of a spreadsheet that contains
`
`Fuma’s sales information for numerous Fuma products from October 26, 2009 to
`
`May 29, 2020. As reflected in Exhibit 2031, Fuma commercialized the Fuma
`
`cartridges and starter kits in 2009. This spreadsheet includes various information for
`
`each invoice, including but not limited to the date, item description, quantity, sales
`
`price, and amount. In each row, the “Amount” column reflects the total amount for
`
`the item listed in the “Item” column and is calculated by multiplying the “Qty”
`
`column by the “Sales Price” column.
`
`1
`
`NJOY Exhibit 2024.002
`Juul v. NJOY
`IPR2024-00160
`
`
`
`4.
`
`I provided Fuma’s total sales of its cartridges and starter kits between the
`
`years 2009-2012 based on the information provided in Exhibit 2031. I filtered for
`
`variations of the terms “Starter Kit” and “Replacement Cartridges” in the column
`
`labelled “Item.” The “Starter Kit” variations include: “Deluxe SK WWTL (Deluxe
`
`Starter Kit WWTL),” “Deluxe SK MCBL (Deluxe Starter Kit MCBL),” “Basic SK
`
`WWTL (Basic Starter Kit WWTL),” “Basic SK MCBL (Basic Starter Kit MCBL),”
`
`“On the Go TL (On the Go Starter Kit WWTL),” and “On the Go ML (On the Go
`
`Starter Kit MCBL).” The “Replacement Cartridges” variations
`
`include:
`
`“FICRWWT-F5 (Five pack of (5) Tobacco Full Replacement Cartridges),”
`
`“FICRWWT-L5 (Five pack of (5) Tobacco Gold Replacement Cartridges),”
`
`“FICRWWT-UL5 (Five pack of (5) Tobacco Silver Replacement Cartridges),”
`
`“FICRFM-F5 (Five pack of (5) Menthol Full Replacement Cartridges),”
`
`“FICRCBM-L5
`
`(Five pack of Menthol Gold Replacement Cartridges),”
`
`“FICRCBM-UL5 (Five pack of (5) Menthol Silver Replacement Cartridges),”
`
`“FICRWWT-FB (Midbox of ten (5) packs of Tobacco Full Replacement
`
`Cartridges),” “FICRFM-FB (Midbox of ten (5) packs of Menthol Full Replacement
`
`Cartridges),” “FICRDT-F5 (Five pack (5) of Desert Full Replacement Cartridges),”
`
`“FICRDT-L5 (Five pack of (5) Desert Gold Replacement Cartridges),”
`
`“FICRWWT-LB (Midbox of ten (5) packs of Tobacco Gold Replacement
`
`Cartridges),” “FICRCBM-LB (Midbox of ten (5) packs of Menthol Gold
`
`2
`
`NJOY Exhibit 2024.003
`Juul v. NJOY
`IPR2024-00160
`
`
`
`Replacement Cartridges),” “FICRCBM-ULB (Midbox of ten (5) packs of Menthol
`
`Silver Replacement Cartridges),” “FICRWWT-ULB (Midbox of ten (5) packs of
`
`Tobacco Silver Replacement Cartridges),” “FICRCT-FB (Midbox of ten (5) packs
`
`of Colonial Full Replacement Cartridges),” “FICRCT-LB (Midbox of ten (5) packs
`
`of Colonial Gold Replacement Cartridges),” “FICRDT-FB (Midbox of ten (5) packs
`
`of Desert Full Replacement Cartridges),” “FICRDT-LB (Midbox of ten (5) packs of
`
`Desert Gold Replacement Cartridges),” “FICRCT-F5 (Five pack (5) of Colonial Full
`
`replacement cartridges),” and “FICRCT-L5 (Five pack (5) of Colonial Gold
`
`Replacement cartridges).” After filtering for such “Starter Kit” and “Replacement
`
`Cartridges,” the column labelled “Amount” was used to tally by year. As reflected
`
`in Exhibit 2031, the sales of Fuma’s cartridges and starter kits grew from $47,897 in
`
`2009, to $727,681 in 2010, and to $2,699,102 in 2011. In 2012, the sales of Fuma’s
`
`cartridges and starter kits declined to $2,087,355, which was a result of a number of
`
`other companies entering the market.
`
`5.
`
`In 2019, Fuma brought two lawsuits against R.J. Reynolds Vapor Company
`
`(“RJRV”) for patent infringement. Fuma Int’l LLC v. R.J. Reynolds Vapor Co., 1:19-
`
`cv-00260 (M.D.N.C.); Fuma Int’l LLC v. R.J. Reynolds Vapor Co., 1:19-cv-00660
`
`(M.D.N.C.). Fuma and RJRV later entered into a Settlement and License Agreement
`
`under which Fuma licensed numerous patents, including but not limited to, U.S.
`
`Patent No. 11,497,864.
`
`3
`
`NJOY Exhibit 2024.004
`Juul v. NJOY
`IPR2024-00160
`
`
`
`6.
`
`I declare that all statements made in this declaration based on my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true. Further, I declare that all statements made in this declaration
`
`were made with the knowledge that willful false statements and the like are
`
`punishable by fine or imprisonment or both under Section 1001 of Title 18 of the
`
`United States Code.
`
`7.
`
`Ideclare under penalty of perjury that the foregoing is true and correct to the
`
`best of my knowledge.
`
` Executed: > Lan apt
`
`Ms. Rebecca Moore
`
`NJOY Exhibit 2024.005
`Juul v. NJOY
`IPR2024-00160
`
`NJOY Exhibit 2024.005
`Juul v. NJOY
`IPR2024-00160
`
`
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