(2) Appendices 14-15 to the Pfeffer opinion - these are documents that do not bear a date, but they deal with experiments that were completed no earlier than the end of April 2020 (see: Appendix 14, in paragraph 2.3; Appendix 15, on page 2, in the paragraph entitled Experiment).
(3) Paragraph 24.3.14 of Pepper's fourth opinion (dated April 27, 2021, submitted to the court on April 28, 2021, together with the plaintiffs' affidavits), presents three illustrations that illustrate the experiments carried out by Binyam - but as noted in this paragraph in his opinion, these are experiments carried out in April 2020.
(4) And so on.K This is with regard to paragraphs 13.3.12-13.3.14 of the Pepper opinion of 16.8.2020 (which was attached as Appendix H1 to Mr. Ram's affidavit), which also deal with the experiments, which are shown in the illustrations, carried out by the plaintiffs in April 2020, and the patent applications filed by the plaintiffs in August 2020.
(5) Appendix N to Mr. Ram's affidavit (paragraph 79 of his affidavit) includes the first designs of the product of a saliva sample on a swab. In other words, it is a swab and not a breather.
- According to Mr. Ram in his affidavit (at paragraph 80), Hinsham's "first designs" were as early as March 24, 2020, and they were presented to the defendants in conference calls that were carried out at TIMS. According to what is stated in Appendix 40 - the designs were attached to the disc - but no proof was presented as to the date on which the designs were presented tothe defendants, nor was it mentioned in Mr. Ram's affidavit when the conference talks in which they were presented were made.
- I watched Appendix D on the CD that was presented to me, which contains eight files. The files show videos and pictures of a breather, some of which show that it has a chip, and in some it is not possible to see the chip.
In the list of files that appeared on the computer, it was noted that all eight files were last modified on April 26, 2021, at 21:44 and 21:45 at night, and they were created only on April 28, 2021.