UNITED STATES INTERNATIONAL TRADE COMNIISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN TOBACCO HEATING ARTICLES
`AND COMPONENTS THEREOF
`
`
`
`ORDER NO. 5:
`
`PROCEDURAL SCHEDULE
`
`(June 11, 2020)
`
`° N0. 337-TA-1199
`
`On June 9, 2020, the parties submitted a joint proposed procedural schedule in response to
`
`Order No. 4. This investigation shall be conducted in accordance with the following schedule:
`
`Event
`
`Date
`
`Deadline for responses to contention interrogatories on
`issues for which the party bears the burden ofproof
`
`Monthly case management conference
`
`Deadline for responses to contention interrogatories on
`issues for which the party does not bear the burden ofproof
`
`Exchange list of claim terms to be construed
`
`File tentative list of witnesses a party will call to testify at
`the hearing, with an identification of each witness’
`relationship to the party
`
`Complainant and respondent exchange proposed
`constructions for all terms on all lists
`
`File notice of prior art
`
`
`
`July 2’ 2020
`
`July 15, 2020
`at 10:00 a.m. ET
`
`July 23’ 2020
`
`July 27, 2020
`
`July 29, 2020
`
`July 30, 2020
`
`July 31, 2020
`
`RAI Strategic Holdings, Inc.
`Exhibit 2002
`Philip Morris Products, S.A. v. RAI Strategic Holdings, Inc.
`lPR2020-01602
`
`Ex. 2002-0001
`
`Ex. 2002-0001
`
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN TOBACCO HEATING ARTICLES
`AND COMPONENTS THEREOF
`
`
`
`ORDER NO. 5:
`
`PROCEDURAL SCHEDULE
`
`(June 11, 2020)
`
`° N0. 337-TA-1199
`
`On June 9, 2020, the parties submitted a joint proposed procedural schedule in response to
`
`Order No. 4. This investigation shall be conducted in accordance with the following schedule:
`
`Event
`
`Date
`
`Deadline for responses to contention interrogatories on
`issues for which the party bears the burden ofproof
`
`Monthly case management conference
`
`Deadline for responses to contention interrogatories on
`issues for which the party does not bear the burden ofproof
`
`Exchange list of claim terms to be construed
`
`File tentative list of witnesses a party will call to testify at
`the hearing, with an identification of each witness’
`relationship to the party
`
`Complainant and respondent exchange proposed
`constructions for all terms on all lists
`
`File notice of prior art
`
`
`
`July 2’ 2020
`
`July 15, 2020
`at 10:00 a.m. ET
`
`July 23’ 2020
`
`July 27, 2020
`
`July 29, 2020
`
`July 30, 2020
`
`July 31, 2020
`
`RAI Strategic Holdings, Inc.
`Exhibit 2002
`Philip Morris Products, S.A. v. RAI Strategic Holdings, Inc.
`lPR2020-01602
`
`Ex. 2002-0001
`
`Ex. 2002-0001
`
`
`
`File identification of expert witnesses who may testify at the
`Markman hearing, including their expertise and cuniculum
`vitae
`
`August 4 2020
`
`Staff serves proposed constructions for all terms on all lists
`
`August 5 2020
`
`File chart of agreed and disputed constructions
`
`August 7 2020
`
`Monthly case management conference
`
`August 12, 2020
`at 10:00 a.m ET
`
`File opening claim construction briefs
`
`August 21 2020
`
`File responsive claim construction briefs
`
`September 4 2020
`
`Markman claim construction hearing &
`monthly case management conference
`
`Deadline for final contentions on issues for which the party
`bears the burden of proof
`
`September 17, 2020
`at 9:00 a.m. ET
`
`September 18, 2020
`
`Deadline for final contentions on issues for which the party
`does not bear the burden ofproof
`
`September 25’ 2020
`
`Fact discovery cutoff and completion
`
`September 257 2020
`
`Deadline for motions to compel discovery
`
`September 25, 2020
`
`File identification of expert witnesses who may testify at the
`evidentiary hearing, including their expertise and
`curriculum vitae
`
`September 29, 2020
`
`Exchange initial expert reports (identify tests/surveys/data)
`
`October 5 2020
`
`
`
`Monthly case management conference
`
`Exchange rebuttal expert reports
`
`Monthly case management conference
`
`October 14, 2020
`at 10:00 a.m. ET
`
`October 23 2020
`
`November 11, 2020
`at 10:00 a.m. ET
`
`Expert discovery cutoff and completion
`
`November 13 2020
`
`Deadline for filing summary determination motions
`
`November 207 2020
`
`Ex. 2002-0002
`
`Ex. 2002-0002
`
`
`
`Date
`
`One—day mediation session
`
`By November 20, 2020
`
`Exchange of exhibit lists among the parties of proposed
`direct exhibits
`
`November 23, 2020
`
`Complainant and respondent serve proposed direct exhibits
`and identify physical exhibitsl
`
`November 30, 2020
`
`Submit joint report on mediation
`
`December 1, 2020
`
`Staff serves proposed direct exhibits, including prepared
`demonstrative exhibits, and identifies physical exhibits
`
`December 4, 2020
`
`Serve proposed rebuttal exhibits, including rebuttal
`demonstrative exhibits, and identify rebuttal physical
`exhibits
`
`December 8, 2020
`
`Complainant and respondent file pre-trial statements and
`briefs
`
`December 11, 2020
`
`Monthly case management conference
`
`December 16, 2020
`at 10:00 a.m. ET
`
`Staff files pre-trial statement and brief
`
`December 22, 2020
`
`February 12, 2021
`
`January 7, 2021
`
`January 14, 2021
`
`January 14, 2021
`
`January 22, 2021
`
`January 25-29, 2021
`
`February 5, 2021
`
`Complainant and respondent file post-hearing initial briefs
`with the Secretary and submit final exhibits to the
`Administrative Law Judge
`
`Staff files post—hearing initial brief
`
`February 19, 2021
`
`1 As discussed at the initial case management conference held on June 10, 2020, the parties may
`jointly stipulate to exchanging demonstrative exhibits at another time.
`
`3
`
`Ex. 2002-0003
`
`Ex. 2002-0003
`
`
`
`Complainant and respondent file post-hearing responsive
`briefs
`
`Staff files post-hearing responsive brief
`
`Initial determination due
`
`March 5, 2021
`
`May 14, 2021
`
`February 26, 2021
`
`Target date for completion of investigation
`
`September 15, 2021
`
`SO ORDERED.
`
`
`
`Clark S. Cheney
`Administrative Law Judge
`
`
`Ex. 2002-0004
`
`Ex. 2002-0004
`
`
`
`CERTAIN TOBACCO HEATING ARTICLES AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1199
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
`upon the Commission Investigative Attorney, Sarah Sladic, Esq., and the following parties as
`indicated, on June 12, 2020.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants RAI Strategic Holdings, Inc., R.J.
`Reynolds Vapor Company, and R.J. Reynolds Tobacco
`Company:
`
`David M. Maiorana, Esq.
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Email: dmaiorana@jonesday.com
`
`On Behalf of Respondents Altria Client Services LLC, Altria
`Group, Inc., Philip Morris USA, Inc., Philip Morris
`International Inc., and Philip Morris Products S.A.:
`
`Maximilian A. Grant, Esq.
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW, Suite 1000
`Washington, DC 20004
`Email: max.grant@lw.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`Ex. 2002-0005
`
`
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