Florida Food Products, LLC vs Kerry Luxembourg S.á.r.l. et al.

TERMINATION AND ORDER Due to Settlement After Conclusion of Trial and Appeal and Treating Settlement Agreement as Business Confidential Information 35 U.S.C. § 317; 37 C.F.R. § 42.7

Joint Motion to Terminate Proceeding

Joint Agreement to Treat Settlement Agreement as Business Confidential Information

EX-1040 - Confidential Settlement and License Agreement

E-mail authorizing motion to terminate

Panel Change Order

Other: Fed Circuit mandate

Other: other court decision

Patent Owner's Notice of Appeal

Exhibits A & B and Form 5 for Notice of Appeal

Final Written Decision: original

Other: Hearing transcript

PETITIONER'S SUBMISSION OF DEMONSTRATIVE EXHIBIT 1039

Ex. 1039 IPR2022-00006 Petitioner's Demonstratives 01-20-2023

Patent Owner's Submission of Demonstrative Exhibit

Patent Owner's Demonstratives Exhibit

ORDER Setting Oral Argument

Joint Stipulation to Modify Due Date for Serving Demonstrative Exhibits

PETITIONER’S SECOND UPDATED POWER OF ATTORNEY

PETITIONER’S SECOND UPDATED MANDATORY NOTICE

Patent Owner’s Request for Oral Argument

Patent Owner's Sur-Reply

Petitioner's Reply

Ex. 1037 - Deposition Transcript for Andrew Milkowski (Sep. 1, 2022)

Ex. 1038 - Food Safety Counts!, U.S. Department of Agriculture (Feb. 2013)

Petitioner's Notice Of Deposition Of Andrew Milkowski, Ph.D.

Patent Owner Response

SECOND DECLARATION OF ANDREW L. MILKOWSKI, PH.D. ON BEHALF OF PATENT OWNER

Transcription from the deposition of FFP���s expert, Dr. Steven Baldwin held on June 21, 2022

Dr. Noufoh Djeri, Evaluation of Veg StableTM 504 Celery Juice Powder for Use in Processed Meat and Poultry as a Nitrite Replacer, UNIVERSITY OF FLORIDA, DISSERTATION

(1 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part1

(2 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part2

(3 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part3

(4 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part4

(5 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part5

(6 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part6

(7 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part7

(8 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part8

(9 of 9) Dry and Semi-Dry Sausage (e-book), MEAT PROCESSOR���S JOURNAL, SCIENCE, METHOD AND TRENDS, Vol. 2_Part9

Terns, Matthew J. et al., Determining the impact of varying levels of cherry powder and starter culture on quality and sensory attributes of indirectly cured, emulsified cooked sausages

Terns, Matthew J. et al., Investigating the effect of incubation time and starter culture addition level on quality attributes of indirectly cured, emulsified cooked sausages, 88 Meat S

N. Djeri and S.K. Williams, Celery Juice Powder Used as Nitrite Substitute in Sliced Vacuum-Packaged Turkey Bologna Stored at 4C for 10 Weeks under Retail Display Light, J. of Food Qual

Cocoa bean processing, Fermentation, Britannica.com

Second Declaration of L. Roman Rachuba

Patent Owner's Notice of Deposition of Steven Baldwin, Ph.D.

PETITIONER���S OBJECTIONS TO EVIDENCE

ORDER Granting Petitioners Motion for Admission Pro Hac Vice of Michael B. Johnson and Michael A. Bittner 37 C.F.R. sec 42.10

DECISION Granting Institution of Inter Partes Review 35 U.S.C. 314

SCHEDULING ORDER

Notice: Notice filing date accorded corrected

Notice: acceptance corrected petition corrected

Patent Owner's Sur-Reply to Petitioner's Reply to Patent Owner's Preliminary Response

Petitioner���s Notice Of Filing Of Transcript And Updated Exhibit List

Ex. 1036 - Reporter's Transcript of Telephonic Hearing held on February 24, 2022

Patent Owner's Updated Power of Attorney

Petitioner's Reply To Patent Owner's Preliminary Response

Petitioner's Unopposed Motion For Pro Hac Vice Admission (Johnson and Bittner

Ex. 1034 - Declaration of Michael B. Johnson

Ex. 1035 - Declaration of Michael A. Bittner

Corrected Submission of Corrected Exhibit 1010

Patent Owner's Replacement Mandatory Notices

Patent Owner's Replacement Power of Attorney

Patent Owner's Updated Mandatory Notices

Patent Owner's Updated Power of Attorney

Patent Owner's Preliminary Response

Exhibit 2001

Exhibit 2002

Exhibit 2003

Exhibit 2004

Exhibit 2005

Exhibit 2006

Exhibit 2007

Exhibit 2008

Exhibit 2009

Exhibit 2010

Exhibit 2011 - 1 of 10

Exhibit 2011 - 2 of 10

Exhibit 2011 - 3 of 10

Exhibit 2011 - 4 of 10

Exhibit 2011 - 5 of 10

Exhibit 2011 - 6 of 10

Exhibit 2011 - 7 of 10

Exhibit 2011 - 8 of 10

Exhibit 2011 - 9 of 10

Exhibit 2011 - 10 of 10

Exhibit 2012

Exhibit 2013

CORRECTED PETITIONER POWER OF ATTORNEY

Corrected IPR Petition

Order: Conduct of the Proceeding 37 C.F.R. § 42.5(a)

Exhibit 3001

Petitioner's Updated Power of Attorney

Petitioner's Updated Mandatory Notice

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Corrected Exhibit 1010 E.F. Binkerd & O. E. Kolari., The History and Use of Nitrate and Nitrite in the Curing of Meat, 13 Food Cosmetics Toxicology 655-661 (1975)

Ex. 1001 - U.S. Patent No. 11,071,304

Ex. 1002 - Declaration of Steven W. Baldwin, Ph.D

Ex. 1003 - Full translation of BE1014557A6 to Van de Voorde et al. with translation certification. (“Voorde”).

Ex. 1004 - Full translation of BE1014557A6 to Van de Voorde et al. from the File History of EP 2166863

Ex. 1005 - Public File History of the '304 Patent (Part 1)

Ex. 1005 - Public File History of the '304 Patent (Part 2)

Ex. 1005 - Public File History of the '304 Patent (Part 3)

Ex. 1005 - Public File History of the '304 Patent (Part 4)

Ex. 1005 - Public File History of the '304 Patent (Part 5)

Ex. 1005 - Public File History of the '304 Patent (Part 6)

Ex. 1006 - Jeffrey Joseph Sindelar, Investigating Uncured No Nitrate Or Nitrite Added Processed Meat Products (2006).

Ex. 1007 -Declaration of James N. Bacus Regarding Dates of Background References

Ex. 1008 - Joseph G. Sebranek & James N. Bacus, Cured Meat Products Without Direct Addition of Nitrate or Nitrite.

Ex. 1009 - Joseph G. Sebranek & James Bacus, Natural and Organic Cured Meat Products: Regulatory, Manufacturing, Marketing, Quality and Safety Issues, AM Meat Science Assn. White Paper Series. 1 (March 2007)

Ex.1010 -E.F. Binkerd & O. E. Kolari., The History and Use of Nitrate and Nitrite in the Curing of Meat, 13 Food Cosmetics Toxicology 655-661 (1975)

Ex. 1011 - Robert H. Kerr et al., The Use of Sodium Nitrite in the Curing of Meat, 33 J. OF AGRIC. RES. 6, 541-551 (1926)

Ex. 1013 - Jim Bacus, Natural Ingredients for Cured and Smoked Meats, Proceedings of the 59th American Meat Science Association Reciprocal Meat Conference 77-78 (June 18-21, 2006).

Ex. 1014 - Jim Bacus, Natural Ingredients for Cured and Smoked Meats (PowerPoint), 59th Reciprocal Meat Conference (June 18-21, 2006)

Ex. 1015 - U.S. Patent No. 1,259,377 to Doran

Ex. 1016 - U.S. Patent No. 1,380,070 to Kurk

Ex. 1017 - U.S. Patent No. 1,685,630 to Drake

Ex. 1018 - Translation of Japanese Publication JP48-82054 to Kurihara et al. with translation certification

Ex. 1019 - European Publication EP 0805205A1 to Fast et al.

Ex. 1020 - U.S. Patent No. 6,217,925 to Kim

Ex. 1024 - Translation of Japanese Publication JP2001-352935 to Yamamoto with translation certification.

Ex. 1027 - Ex Parte Ann Hugsen et al., Record of Oral Hearing in Application 12/119,990, Appeal 2021-001975 (PTAB July 19, 2021)

Ex. 1028 - Ex Parte Ann Hugsen et al., Decision on Appeal in Application 12/119,990, Appeal 2021-001975 (PTAB Aug. 10, 2021).

Ex. 1021 - U.S. Patent No. 6,689,403 to Gehring

Ex. 1022 - U.S. Patent No. 2,937,948 to Luce

Ex. 1012 - Committee on Nitrite and Alternative Curing Agents in Food, The Health Effects of Nitrate, Nitrite, and N-Nitroso Compounds: Part 1 of a 2-Part Study, National Academy Press (1981) Part 1

Ex. 1012 - Committee on Nitrite and Alternative Curing Agents in Food, The Health Effects of Nitrate, Nitrite, and N-Nitroso Compounds: Part 1 of a 2-Part Study, National Academy Press (1981) Part 2

Ex. 1012 - Committee on Nitrite and Alternative Curing Agents in Food, The Health Effects of Nitrate, Nitrite, and N-Nitroso Compounds: Part 1 of a 2-Part Study, National Academy Press (1981) Part 3

Ex. 1012 - Committee on Nitrite and Alternative Curing Agents in Food, The Health Effects of Nitrate, Nitrite, and N-Nitroso Compounds: Part 1 of a 2-Part Study, National Academy Press (1981) Part 4

Ex. 1012 - Committee on Nitrite and Alternative Curing Agents in Food, The Health Effects of Nitrate, Nitrite, and N-Nitroso Compounds: Part 1 of a 2-Part Study, National Academy Press (1981) Part 5

Ex. 1012 - Committee on Nitrite and Alternative Curing Agents in Food, The Health Effects of Nitrate, Nitrite, and N-Nitroso Compounds: Part 1 of a 2-Part Study, National Academy Press (1981) Part 6

Ex. 1031 -Curriculum Vitae of Steven W. Baldwin, Ph.D. (September 2021).

Ex. 1032 - Declaration of Sylvia Hall-Ellis, Ph.D. Regarding Dates of Background References

Ex. 1033 - Declaration of John C. Decker Regarding the Translation of Voorde from Dutch to English

Ex. 1023 - U.S. Patent No. 3,911,146 to Hara et al.

Ex. 1025 - U.S. Patent No. 4,806,373 to Stumpf et al.

Ex. 1026 - U.S. Patent No. 5,731,018 to Janda et al.

Ex. 1029 - Declarations of Frank McGee regarding the Translations of Kurihara and Yamamoto from Japanese to English

Ex. 1030 - 2016 to 2017 Prosecution History of Foreign Related Application EP 08770585 (Part 1)

Ex. 1030 - 2016 to 2017 Prosecution History of Foreign Related Application EP 08770585 (Part 2)

Ex. 1030 - 2016 to 2017 Prosecution History of Foreign Related Application EP 08770585 (Part 3)

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