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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MPL BRANDS NV, INC.
`
`Petitioner,
`
`v.
`
`BUZZBALLZ, LLC
`Patent Owner.
`
`PTAB Case No. PGR2024-00035
`
`U.S. Patent No. 11,932,441
`
`DECLARATION OF JOSEPH T. NORRIS
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`EX-1005 PGR2024-00035
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`

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`
`
`I, Joseph T. Norris, do declare as follows:
`INTRODUCTION
`I.
`
`1.
`
`I am over the age of eighteen (18) and am otherwise competent to make
`
`this Declaration. This Declaration is based on my personal knowledge and recollec-
`
`tion.
`
`2.
`
`I have been engaged by MPL Brands NV, Inc. (“MPL”) as a consultant
`
`in connection with MPL’s Petition for Post-Grant Review of U.S. Patent No.
`
`11,932,441 (the “’441 Patent”). I understand that my Declaration will accompany a
`
`petition for post grant review involving this U.S. Patent. I am being compensated
`
`for the time that I work on this Declaration at my standard hourly rate of $125 per
`
`hour and am being reimbursed for reasonable expenses that I may incur while work-
`
`ing on this matter. I have no financial interest in the outcome of this matter or any
`
`other matter that may exist between MPL and the Patent Owner. My compensation
`
`does not depend in any way on the content of this Declaration.
`
`3.
`
`I have been asked to describe public availability of The Coca-Cola
`
`Company PET (polyethylene terephthalate) cans that were filled and distributed by
`
`Coca-Cola Bottling of Columbus, GA in 1985 and 1986. I have not been asked to
`
`opine on whether this product is prior art to the ’441 Patent, nor have I been asked
`
`to review the ’441 Patent or its claims.
`
`- 2 -
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`EX-1005 PGR2024-00035
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`II. BACKGROUND AND EXPERIENCE
`
`4.
`
`In 1976, I earned a Bachelor of Science in Mechanical Engineering and
`
`Materials Science from Union College in Schenectady, New York.
`
`5.
`
`From October 1977 through August 1990, I was a packaging engineer
`
`for The Coca-Cola Company. During my initial time at The Coca-Cola Company, I
`
`was responsible for package engineering and commercialization of Coca-Cola’s
`
`PET products, including bottles and cans, closures for those products and labeling
`
`or decoration systems for those products. I was responsible for products that were
`
`distributed for Coca-Cola USA, Coca-Cola International, and Coca-Cola Northern
`
`Europe while I was based in London. I led innovation projects that were commer-
`
`cialized at bottling locations globally. This included early consumer research, prod-
`
`uct compatibility and carbonation retention of the packages and establishing com-
`
`mercial standards for the purchasing of these packaging components. Licensed bot-
`
`tlers must procure their packaging materials from sources approved by The Coca-
`
`Cola Company and meet standards I and my colleagues published. Training our
`
`bottle partners was a key role in teaching them about new materials and bottling
`
`practices.
`
`6.
`
`After my time at Coca-Cola, I was an Associate Director of Oral Care
`
`and Director of Package Innovation for Colgate Palmolive Co. from 1990 through
`
`- 3 -
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`EX-1005 PGR2024-00035
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`

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`October 2005. During this time, I supported Colgate’s U.S. brands and manufactur-
`
`ing of their packaging.
`
`7.
`
`In October 2005, I returned to The Coca-Cola Company as a Principal
`
`Engineer for Global Packaging Research and Development. My work during this
`
`time focused on early concept ideation, design, and engineering of alpha-stage prod-
`
`ucts. I was part of the team that commercialized the resealable shaped aluminum
`
`bottle, which had the iconic contour shape. I retired from Coca-Cola in June 2013.
`
`A copy of my LinkedIn profile, which shows my employment history, is included as
`
`an appendix to this Declaration.
`
`8.
`
`After my retirement from Coca-Cola, I established Packaging Strate-
`
`gies and Solutions LLC, where I provide consulting services to companies in the
`
`packaging industry.
`
`9.
`
`I am the named inventor on 19 U.S. patents.
`
`III. DEVELOPMENT OF THE COCA-COLA COMPANY PET CAN
`
`10.
`
`I am familiar with a PET can that Coca-Cola developed and commer-
`
`cialized in the mid-1980s. The project to commercialize a plastic can for Coca-
`
`Cola’s soft drink products (e.g., Coke (referred to a “Coke Classic” for a period of
`
`time), Diet Coke, Sprite) started in 1983 under the project name “PCAN.”
`
`11.
`
`I took over as project manager of PCAN in 1984. Our goal for the
`
`PCAN project was to mimic the design and shape of Coca-Cola’s 12oz aluminum
`
`- 4 -
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`EX-1005 PGR2024-00035
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`

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`cans that were on the market at the time using PET for the body of the can instead
`
`of aluminum, while maintaining an aluminum top. The differentiator was that these
`
`cans were clear and allowed the product to be seen through the container. The project
`
`also fit into a self-manufacturing strategy that Coca-Cola was undergoing at the time.
`
`12. PET is a resin from the polyester family. Coca-Cola began looking for
`
`plastic alternatives to their aluminum cans, in part, because Coca-Cola was transi-
`
`tioning to a co-op model for its PET bottle manufacturing process (e.g., Coca-Cola
`
`two-liter bottles). Under this model, Coca-Cola would bring its manufacturing pro-
`
`cess in-house instead of relying on independent suppliers (of the aluminum cans, for
`
`example) to manufacture its products. A reliance on PET cans would decouple can
`
`costs from the aluminum commodity market and provide more control of costs and
`
`any associated increases. It would also fit Coca-Cola’s existing bottle manufactur-
`
`ing strategy.
`
`13. The PET can was developed by Coca-Cola in conjunction with Petainer
`
`S.A., based in Neuchatel, Switzerland, with R&D labs in Malmo, Sweden. Petainer
`
`manufactured the PET cans in PLM’s1 facility in Dongen, Netherlands, using Krupp
`
`Corpoplast special forming equipment. Petainer was responsible for the preform
`
`and manufacturing process of the PET body of the can. A “preform” is an interme-
`
`diate shape of the PET plastic that is used in the manufacturing process. The PET is
`
`
`1 PLM was Petainer’s parent company.
`
`- 5 -
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`EX-1005 PGR2024-00035
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`heated and injected into a mold that creates the intermediate shape. The following
`
`is an image of a preform from the mid-1980s that shows the shape of the preform
`
`used for the PCAN project. The image below, from U.S. Patent No. 4,803,0242,
`
`shows the preform shape in the forming model where the heated preform is drawn
`
`into the final can shape.
`
`
`
`
`2 The ’024 patent is assigned to Petainer S.A. and describes a Method of Producing
`
`a Container of plastic material.
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`- 6 -
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`EX-1005 PGR2024-00035
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`At the rounded end of the preform, there is a nub at the spot where the PET is injected
`
`into the mold called a gate.
`
`14. An example of the PET container used for the Coca-Cola products fol-
`
`lowing the molding process but before filling, adding the aluminum top, or adding
`
`the label is shown below. Petainer used an extrusion process to create is PET con-
`
`tainer products, such as described in the ’024 patent.
`
`
`
`15. Conversely, in the bottle making process, the preform is used in a blow-
`
`molding process, whereby the preform is reheated and then placed into a mold that
`
`is shaped like the final container. The PET in the shape of the preform is heated and
`
`then air is blown into the preform causing it to expand into the shape of the mold.
`
`In some blow-molding processes, a stretch rod is also inserted and used to press the
`
`- 7 -
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`EX-1005 PGR2024-00035
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`bottom-center portion of the preform down to the bottom of the mold. The excess
`
`portions of the PET are then trimmed. Subsequent cans manufactured by Continen-
`
`tal PET and Nissei Technology Corporation used a blow-molding and trimming pro-
`
`cess, similar to this bottle making process.
`
`16.
`
`I understand that Petainer patented the technology that it used to man-
`
`ufacture the PET body of these cans. The bottom of the Coke PET cans bear the
`
`marking “PETAINER ® PAT 4,405,546 AND OTHERS,” as show in the image
`
`below3:
`
`
`3 This is a photo of the bottom of a Coke PET can that was sold by Coke in 1985.
`
`I have several such cans in my possession bearing labels for Coke (which was later
`
`renamed “New Coke,” as discussed below), Coke Classic, Diet Coke, and Sprite,
`
`and all bear this same marking on the bottom.
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`- 8 -
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`EX-1005 PGR2024-00035
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`
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`17. Petainer was also responsible for applying the PVC shrink sleeve that
`
`was put over the clear PET body to identify the type of Coca-Cola product that would
`
`be sold in these containers. The following is an image of the Coke (i.e., Coca-Cola
`
`Classic), New Coke, Diet Coke, and Sprite PET cans that Coke sold in 1985 with
`
`the shrink Sleeves covering the PET cans:
`
`- 9 -
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`EX-1005 PGR2024-00035
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`
`
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`18. As part of my role as Project Manager for PCAN, I visited and worked
`
`with Petainer’s manufacturing facility in Dongen. The manufacturing line was setup
`
`with Krupp Corpoplast forming equipment from their facility in Hamburg, Germany.
`
`PLM and Petainer (related companies) did the preform injection and operated the
`
`equipment to make the 12oz PET cans. American Fuji Seal PVC sleeving systems
`
`were used to apply the sleeve decoration over the upside down can, which were then
`
`heat-shrunk in place on the PET can body.
`
`19. Petainer would ship the PET can body from its plant in Dongen, Neth-
`
`erlands to Coca-Cola’s canning line in Columbus, Georgia, where I spent most of
`
`- 10 -
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`EX-1005 PGR2024-00035
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`my time as project manager for PCAN to oversee completion of the finished product
`
`before it was distributed for sale to the public.
`
`20. After the PET can body was received by Coca-Cola at its Columbus,
`
`Georgia canning line, Coca-Cola Bottling of Columbus, GA would fill the container
`
`with one of the formulas and would seal the container with a standard aluminum
`
`SOT (stay on tab) top. The PET cans were distributed via route trucks to retailers in
`
`Western Georgia and Eastern Alabama. Supermarkets like Winn Dixie and Piggly
`
`Wiggly carried them, along with convenience stores in the region.
`
`21. The goal of the PCAN project was to develop a PET can that was inter-
`
`changeable with the existing 12oz aluminum can. The PET can is very close in
`
`shape and size to the existing 12oz aluminum can and mimicked its profile, but it
`
`was taller because of the base. Specifically, due to the pressure of a carbonated
`
`beverage and the material strength of PET, the “pushup” base at the bottom of the
`
`can (i.e., the deformation in the bottom of the can that extends up into the PET can
`
`body) was larger than the pushup portion of the base of the aluminum can.
`
`22. The minor changes in the shape of the PET can body did not materially
`
`affect the filling and assembly process at Coca-Cola’s Columbus, Georgia facilities
`
`but a few adjustments were made. Specifically, the seamer and filler heights were
`
`adjusted up to account for the taller PET cans versus aluminum cans. The chuck and
`
`rolls in the seamer were also changed to a new specification and geometry we
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`- 11 -
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`EX-1005 PGR2024-00035
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`developed with the Angelus Company, based in California. The rest of the canning
`
`line ran normally, and the PET cans were palletized like aluminum cans. After they
`
`were filled and assembled, the PET cans were arranged into six-packs and put into
`
`corrugated trays of four six-packs (i.e., twenty-four cans per try) and palletized for
`
`distribution.
`
`23. When the PET cans go into the filler, a pressure seal is created and a
`
`counter pressure from the bowl CO2 gas is flushed to equilibrate the can pressure to
`
`the bowl. After the carbonated beverage is filled, the CO2 is snifted and the filled
`
`cans move to the seamer where an aluminum lid is attached. The flange is necessary
`
`during this process, so that the product is sealed in the filler and counter pressure is
`
`maintained.
`
`24. Part of the filling and assembly process also included sealing the filled
`
`product with the aluminum lid. At the top of the PET can body, there was a flange
`
`or lip, which was very important to maintain a seal between the PET body and top
`
`of the can. The flange was not at a right angle but did angle away from the body of
`
`the PET can to receive the lid. The aluminum lid is slightly larger than the flange
`
`on the PET can body, which allowed it to be folded over part of the flange to create
`
`a seal referred to as double seaming, where two components create an overlap seal
`
`- 12 -
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`EX-1005 PGR2024-00035
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`and the compound in the end is compressed to create a liquid and gas seal. The
`
`flange can be seen in the close-up image4 of the unfilled container below:
`
`
`
`
`4 This image was taken by MPL’s counsel. It is consistent with my personal
`knowledge of the assembly process for Coca-Cola’s PET cans and shows the seal
`resulting from the double seaming process.
`
`- 13 -
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`EX-1005 PGR2024-00035
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`
`The containers used for the Coca-Cola PET cans in 1985 had this same flange.
`
`25. After the PET can products were filled and assembled by Coca-Cola’s
`
`Columbus, Georgia canning line, they were ready for commercial distribution.
`
`IV. COMMERCIALIZATION AND SALE OF COCA-COLA PET CAN
`
`26. Coca-Cola went to market with four products in its PET can, starting in
`
`October 1985—Coca-Cola Classic, “New Coke,” Diet Coke, and Sprite.
`
`27. As an aside, “New Coke” was a product developed by Coca-Cola in the
`
`1980s and publicly released in 1985, where Coca-Cola made modifications to its
`
`classic formula. This product was subsequently branded as “New Coke” when
`
`Coca-Cola resumed selling the original formula under the label “Coke Classic.”
`
`New Coke was only sold for a limited time before Coca-Cola discontinued its man-
`
`ufacture and sale. New Coke was a secret project for Coca-Cola. I was at Petainer’s
`
`manufacturing plant in Dongen when I received notice in May 1985 that Coca-Cola
`
`was going to sell New Coke in a PET can. We had not anticipated this product, so
`
`sleeve labels were shipped to us from the U.S., and we began to use them for New
`
`Coke. In July 1985, we got another batch of labels to use, which were marked as
`
`Coca-Cola Classic and were used for PET cans with Coca-Cola’s classic formula.
`
`28. The four Coca-Cola products in PET cans were sold in six-packs
`
`throughout Western Georgia and Eastern Alabama for around a six-month period,
`
`starting in October 1985. During this time, they were distributed and sold through
`
`- 14 -
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`EX-1005 PGR2024-00035
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`
`
`the general grocery store trade, meaning that they were sold in grocery stores (e.g.,
`
`Winn Dixie), vending machines, and other places in Western Georgia and Eastern
`
`Alabama where canned Coca-Cola products were available for sale. I personally
`
`saw these four Coca-Cola products in PET cans available for purchase at grocery
`
`stores in Columbus, Georgia. I lived in the region where Coca-Cola PET cans were
`
`sold and was a frequent visitor to stores to inspect the cans and the in-store displays
`
`for any performance related issues.
`
`29. There were also reverse vending machines for collection, where people
`
`could return their empty PET cans so that they could be recycled.
`
`30. As I state above, Coca-Cola PET can products were only on sale for
`
`around six months starting in October 1985. Development and release of PET cans
`
`for Coca-Cola (instead of the standard two-liter PET bottles that Coca-Cola also
`
`manufactured) had supply chain implications. After release of the PET can, alumi-
`
`num can manufacturers began lobbying against these products. The main theme of
`
`their campaign was that these products were not recyclable like aluminum cans. The
`
`aluminum industry, aka Alcoa, Reynolds and sheet producers, and can producers
`
`began a lobbying effort with interviews, NPR pieces and paying environmental lob-
`
`byists to speak out against the PET can.
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`- 15 -
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`EX-1005 PGR2024-00035
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`
`
`31. After this lobbying campaign, Coca-Cola management decided to stop
`
`selling PET cans and used the 12oz aluminum cans going forward to protect the large
`
`market served by two-liter plastic bottles.
`
`V. VERIFICATION OF PRODUCTS AND LITERATURE
`
`32. As a former longtime employee of Coca-Cola, I have a collection of
`
`Coca-Cola products, including products that I worked on during my time at Coca-
`
`Cola. My collection includes multiple Coca-Cola PET cans that were manufactured
`
`and sold during the, around, six-month period that these products were publicly
`
`available in 1985 and 1986.
`
`33. Each PET can filled and assembled in the Columbus, Georgia facility
`
`bore a label that stated “CANNED UNDER THE AUTHORITY OF THE COCA-
`
`COLA COMPANY, ATLANTA GA. BY COLUMBUS COCA-COLA BOT-
`
`TLING COMPANY, COLUMBUS, GA 31908. The labels further were labeled
`
`“CONSUMER/RECYCLING INFORMATION CALL 1-800-GET-COKE (438-
`
`2053)” and bore a bar code unique to the beverage being sold to aid in supermarket
`
`scanning.
`
`34. As I mentioned above, each PET can also included a mark on the
`
`pushup portion of the base that identified Petainer S.A. as the manufacturer of the
`
`PET can body.
`
`- 16 -
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`EX-1005 PGR2024-00035
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`

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`
`
`35.
`
`I understand that MPL and its counsel are in possession of several
`
`Coca-Cola PET cans, including a Sprite, Diet Coke, Coca-Cola Classic, and New
`
`Coke can. I have reviewed images of these products, which I understand are exhibits
`
`to MPL’s petition and have compared them to the Coke PET cans from 1985 that I
`
`have in my personal collection. They have PETAINER on the base in CAPS and
`
`the patent # PAT 4,405,546 and other designs.
`
`36. Based on the markings of the PET can products in possession of MPL
`
`and a comparison of these products to the ones in my possession, I can verify that
`
`the Coca-Cola PET cans that I understand were submitted as prior art in this PGR
`
`proceeding by MPL are the same products that were commercialized by Coca-Cola
`
`in 1985 and 1986 and were publicly available to consumers for purchase. These
`
`cans have the same shape and markings that I describe above, which confirms that
`
`they were filled and assembled in Coca-Cola’s Columbus, Georgia facility from
`
`1985 to 1986.
`
`37.
`
`I also understand that MPL and its counsel are in possession of a paper
`
`advertisement about Coca-Cola’s PET cans. I have a copy of this advertisement in
`
`my personal collection of Coca-Cola products and memorabilia. This advertisement
`
`was produced by Coca-Cola in 1985 as part of an educational campaign about the
`
`PCAN project. Specifically, it was produced and distributed to help explain to con-
`
`sumers what the PET can technology was, the functionality of the PET can and
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`- 17 -
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`EX-1005 PGR2024-00035
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`
`
`whether it is recyclable. This advertisement was also publicly available during the
`
`around six-month period that Coca-Cola’s PET can products were sold in Western
`
`Georgia and Eastern Alabama. In some grocery stores, these pamphlets would be
`
`included in a display next to the PET cans for sale so that consumers could take a
`
`pamphlet and read about the PET can.
`
`38.
`
`I understand that this advertisement is included as an exhibit to MPL’s
`
`post-grant review Petition. I have reviewed that exhibit and can verify that this is
`
`the same advertisement that was publicly available and distributed by Coca-Cola in
`
`1985 and 1986, and it bears a copyright date of 1985. This advertisement also has
`
`the same content as the one in my possession.
`
`VI. ADDITIONAL REMARKS
`
`39.
`
`In signing this Declaration, I recognize that it will be filed as evidence
`
`in a contested case before the Patent Trial and Appeal Board of the United States
`
`Patent and Trademark Office. I also recognize that I may be subject to cross-exam-
`
`ination in the case.
`
`40.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`I hereby declare that all statements made herein of my own knowledge are true and
`
`that all statements made on my understanding are believed to be true; and further
`
`that these statements were made with the knowledge that willful false statements and
`
`- 18 -
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`EX-1005 PGR2024-00035
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`

`

`the like so made are punishableby fine or imprisonment, or both, under Section 1001
`
`of Title 18 of the United States Code.
`
`Dated May 31, 2024
`
`Bar ae
`
`Joseph T. Norris
`
`_ 19 -
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`EX-1005 PGR2024-00035
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`EX-1005 PGR2024-00035
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`
`
`
`
`APPENDIX A
`APPENDIX A
`
`EX-1005 PGR2024-00035
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`EX-1005 PGR2024-00035
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`

`

`Contact
`
`www.linkedin.com/in/joe-
`norris-006a9b12 (LinkedIn)
`
`Top Skills
`Packaging research, design and
`engineering
`Ideation
`Consumer guidance research
`

`

`

`
`Joe Norris
`
`Packaging Strategies and Solutions LLC
`Cumming, Georgia, United States
`
`Summary
`Beginning June 30, 2013 I am taking early retirement from The
`Coca-Cola Company after 35+ years in the consumer goods
`packaging industry, package development and commercialization
`and Research and Development.
`
`I have established Packaging Strategies and Solutions LLC in
`Atlanta as a consulting company and look forward to my new
`challenges in the packaging industry. I welcome new opportunities ,
`such as my current work with Smart Skin Technologies of
`Fredericton, Canada and their new Drone technology.
`
`Experience
`
`Smart Skin Technologies
`New Product Development and Technical Service
`September 2013 - Present (10 years 9 months)
`Fredericton, Canada
`
`The Coca-Cola Company
`Principal Engineer, Global Packaging R and D,
`October 2005 - June 2013 (7 years 9 months)
`My work over the last few years has focused on early concept ideation,
`design, alpha engineering and early consumer engagement to validate ideas
`and deliver a new packaging system to the sparkling and still portfolio. This
`work was embedded within Global R and D and supported the operating
`groups and business units with a packaging portfolio pipeline and packaging
`technology support.
`
`My recent focus was also on commercialization of North American aluminum
`bottles and it's resealable closure. There was deep learning about bottle
`manufacturing, thread formation and closure application and machinery, which
`were needed to successfully manufacture the bottle and apply the closure
`correctly.
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`Page 1 of 2
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`

`

`
`I have 16 issued patents issued and several applications still pending , both
`with Colgate-Palmolive and The Coca-Cola Company.
`
`Colgate Palmolive Co
`Assoc. Dir. Oral Care and Director , Package Innovation
`1990 - October 2005 (15 years)
`New York City and Piscataway, New Jersey
`For 10 years, I supported Colgate US brands and manufacturing with
`package engineering leadership. I managed a team of three engineers with
`responsibility for Colgate toothpaste, toothbrushes and associated brands and
`products. In 1997, our team led the materials development and approval for
`the successful Total toothpaste launch. I won one Presidents Award for a Wal-
`Mart promotion and multiple You can Make a Difference awards.
`For 5 years, I led a team of five package enginners in Global Packaging to
`support global brand and package technology innovation initiatives, and won
`the Global Technology award in 2001 for dual tube commercilization. My team
`had 25 patent applications during these five years and I was a member of the
`R and D Innovation Committee.
`
`The Coca-Cola Company
`Packaging Engineer
`October 1977 - August 1990 (12 years 11 months)
`Atlanta and London
`Package engineering and commercialization of PET bottles, cans, closures
`and labelling systems for Coca-Cola International, Coca-Cola Northern
`Europe and Coca-Cola USA, supporting bottlers, package converters and new
`brand introductions plus quality trobleshooting when required.
`
`Education
`Union College
`BSME, Mechanical Engineering , Materials Science · (1973 - 1976)
`
`Chaminade High School
`High School, College/University Preparatory and Advanced High School/
`Secondary Diploma Program · (1969 - 1973)
`
`Page 2 of 2
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`EX-1005 PGR2024-00035
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`

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