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Cohn - cross 10 I ~ 1 Cigarettes." I I 2 A Yes. This treatment was under patent f4,044, 3 J 778. 4 0 Did you consider as of October of 1979 that I 5 patented development to be the creation of an ultimate cigarette? 6 i 7 A No. 1 8 Q Do you ever recall being interviewed by a 9 ~ Newspaper Enterprise Associations' reporter named Tom Tiede A Yes 10 . . f : 11 0 You don't recall being interviewed by Tom ~ 0 O 12 Tiede and telling him that what you had done was to ~ s 13 create a safer, perhaps an "ultimate" cigarette eureka 14 patent #4,044,778? 15 MR. KLEINBERG: Might we see the 16 article that you are reading from? 17 MR. NORTHRIP : Yes. Why don't you mark this 18 . 19 (Newspaper article entitled "Ultimate Cigarette finding VBry Little Favor" is 20 received and marked as Exhibit D-12 for 21 Identification.) 22 MR. KLEINBERG: Let me indicate for 23 the record that I am not confident in my Ln 24 m I memory as to where the quotes were placed bu ~ ~ 25 , w w I

I I I i I I @ I 2 3 4 5 6 7 8 9 10 : 11 12 0 ~ w 13 0 14 . SO 15 . ~ 0 I 16 17 18 i 19 20 21 22 23 24 25 3 C H A R L E S C. C 0 H N, having been previously sworn, resumes testimony. CONTINUED CROSS-EXAMINATION BY MR. NORTHRIP: Q Mr. Cohn, you understand that we are still continuing your deposition and that you are still under oath? A Yes. Q And I would like again to remind you that if at any time you are tired and want to take a break, just advise me and we will take a break. A Right. Q Also, if you don't understand my question, I would like you to not answer it, but tell me that you don't understand it and I will be happy to either have it restated so that you will understand it, or rephrase it until you do understand it. I don't want you to guess at what my question is asking and try to answer it. r' will you do that for me? A Sure. Q Mr. Cohn, when you went home last evening, did you continue your search for documents that we have discussed during the taking of this deposition and you had been unable to find? A That's right. I haven't been able to find any more than I have already brought in. i

2 2 I H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For the Defendant Brown, Williamson Tobacco Corp. MESSRS. GILBERT, KELLY, CROWLEY & JENNETT BY: WILLIAM D. JENNETT, ESQ. THOMAS J. VIOLA, ESQ. MESSRS. SHOOK, HARDY & BACON BY: ROBERT E. NORTHRIP, ESQ. J. KENDRICK D,'ELLS, III, ESQ. I N D E X WITNESS PAGE Charles C. Cohn CONTINUED CROSS-EXAMINATION BY MR. NORTHRIP 3 E X H I B I T S NUMBER DESCRIPTION IDENP. D-11 U.S. Patent #4,044,778 7 D-12 Newspaper article entitled. "Ultimate Cigarette Finding Very Little Favor." 10

Cohn - cross 7 I i I 1 2 3 4 5 6 7 8 any other taste tests conducted upon cigarettes treated by your process--and I'm referring to your process in any of your patents--other than those you have conducted and that R. J. Reynolds has conducted? A I don't remember any offhand. MR. NORTHRIP: Would you mark this document, please, Defendant's Exhibit f11. (Document entitled United States Paten I 1 H O e Z ; 1 I I a I I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 #4,044,778 was received and marked Defendant' Exhibit 11 for Identification.) Q Mr. Cohn, let me hand you what has been marked as Defendant's Exhibit 11 and ask you if you would identify that, please. A This is U.S.'Patent $4,044,778 granted August 30, 1977. Q And that is the patent on u•hose process the tests were performed by Brown & Williamson, is that correct? A That is the purported process under which the tests were performed, supposedly performed, and that' due to the fact that I didn't know what Schweitzer had used to coat the paper. MR. NORTHRIP: Would you read the question back, please? (Previous question is read back by the

I I I I I H : 0 is s s I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cohn - cross 4 Q You didn't find any last evening when you looked for them? A No. Q Yesterday during your deposition you mentioneo that after the R. J. Reynolds test at some point, I believe you said a year or two after that time, you received a call from the gentleman who had escorted you around the plant during that test? A Timewise I believe it was a year or two, yes. Q So that would have been in 1973, 1974, that you would have gotten that call? A Probably, yes. That's very vague in my mind as to the time. 0 But it was some time not too long after the test? A Yes. Q Could you describe that gentleman for me? A He was a little taller than I am. He was of slight build. I would say his age, I would guess, was about maybe 30. Q Do you recall the color of his hair? A No. Q Is there anything else that you can think of about him? A No. i

I I I I I I I I I ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cohn - cross 11 as I read the article, the quotes are around these two words "an ultimate" and the word eureka is not in quotes. It's in another paragraph. MR. NOP.TYP.IP : Of f the record. (A discussion is held off the record.) A I do recall the interview, but I don't recall those words. Q Have you had a chance, Mr. Cohn, to take a look at Defendant's Exhibit 12 and review it? A I have. Q Mr. Cohn, reviewing that exhibit, are there any inaccurate statements that occur in Mr. Tiede's repor of his conversation with you? A I don't think I could use the word accurate or inaccurate, but it's a flamboyant description of something which I never gave him in that manner. It's his interpretation of what I told him. Q Well, I note in paragraph 1, the next-to-last line of that paragraph, he states "So what he did, he say , . was create a safer, perhaps 'an ultimate' cigarette." A I know I mentioned the word safer, but the word ultimate was in question at that time. Q Then in Column 3, the last full paragraph,-- MR. RLEINBE.RG: Does that start with I

Cohn - cross 12 I I 2 "The cigarette" or "See why"? Q It's stated "See why I call it the ultinate I I 3 cigarette? Cohn asks." 4 I A I don't remember it. I don't remember him 5 taking notes either, for that matter. I 6 0 Well, other than the use of the word 'ultimat . 7 are there any inaccurate statements in this article eithe I 8 quoting you or in information about patent f4,044,778? ~ 9 MR. KLEINBERG: I just want to object 10 as to the fom of that question. It's ~ ambiguous. You used the tern+ inaccurate . 11 ~ 12 statements other than the word 'ultimate' e s . .; 13 and however you phrased it and I got the I = , 0 14 impression that one might think of the : '. o 15 cigarette as being ultimate even though < u : 16 Mr. Tiede was inaccurate in describing that t- 17 description to Mr. Cohn. ~ 18 For instance, I might think it would 19 be the ultimate cigarette. ~ MR. JENNETT: Are you going to have 20 ~ 21 anymore of those objections? 22 MR. KLEINBERG: I will try not to. 23 MR. NORTHRIP: I'11 rephrase the Ln question m J i 24 . ~ w 25 Q Do you consider patent #4,044,778 the ultimat w ~ i OD kD I

I I I I I I SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES Docket No. C 284 108 - - - - - - - - - - - - - - - CECIL BIAS, . Plaintiff, . BROWN, WILLIAMSON TOBACCO .: CORPORATION, and DOES 1 through 20, inclusive, : Defendants. . I I I I I i T R A N S C R I P T of deposition of CHARLES C. COHN, taken before MYRON GEIST, a Certified Shorthand Reporter and Notary Public of the State of New Jersey, at the offices of MESSRS. ROTHENBERG & HYETT, 3430 Atlantic Avenue, Atlantic City, New Jersey, 08401 on Wednesday, June 5, 1980, at 10:00 A.M. A P P E A R A N C E S: JOEL W.H. KLEINBERG, ESQ. Attorney for Plaintiff 824 WEST STATE STREET TRENTON, N.J. 08618 (609) 989-9191 SILVER, RENZI & GEIST CERTIFIED SHORTHAND REPORTERS (800) 792-8880 (N.J. ONLY) RT. 571 RD3 BOX 256D JACKSON, N.J. 08527 (201) 928-2584

I 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Cohn - cross 16 A That's correct. In the third paragraph he said that I said that Colite acts to snuff out an abandoned cigarette in less than three minutes. My claim is within two or three minutes, not in less than three minutes. In some cases, incidentally, the cigarette could burn longer than that and still not create ignition. Q Those are based on your mattress tests? A Yes. In the third paragraph he has the wrong number on our patent. Q That's the third paragraph of the third column, is that correct? A The third column, yes, I'm sorry. ~ 0 He has obviously just omitted a couple of numbers from it? A Yes. I It also says he is also proud of 35 other patents. I never claimed to be proud. He asked me what patents I had and I told him. I didn't claim any pride or anything like that. He says most of the others, meaning the patents, however, have become part of industry. I didn't tell hin~ that. 24 I I 25 He, apparently, quotes me as telling him that the

I I I I ~ 1 S ~ I I I I t I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cohn - cross 19 made to the issuance of this patent? A Yes. There usually is. The Patent Office quotes what they believe to be prior art and they send the copies of these so-called prior art patents to the attorney who reviews them and goes over them with me to determine whether, in fact, they are or are not prior art Then the attorney, my attorney, writes back to the Patent Office telling them w1y he does not think that these particular references are prior art. Based on that,'the examiner either accepts it or he doesn't. Q Does he give the person who had the prior patent an opportunity to give an explanation as well? A I don't think that's the procedure in the Patent Office. Q To your recollection, did this procedure happen in connection with the patent which is Defendant's Exhibit 11? A Did this procedure happen? Q Yes. A which procedure are you talking about? Q The procedure of the patent officer extending the prior art to your attorney and your working with your attorney to explain the differences in this patent and the prior patents?