Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 1 of 5 PageID# 30599
`Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 1 of 5 PagelD# 30599
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`EXHIBIT B
`EXHIBIT B
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`Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 1 of 5 PagelD# 30599
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`EXHIBIT B
`EXHIBIT B
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`
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`Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 2 of 5 PageID# 30600
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`
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Michalik, John M.
`Friday, March 11, 2022 1:07 PM
`Max.Grant@lw.com; Greg.Sobolski@lw.com; Jared.Schubert@lw.com;
`pmiedva.lwteam@lw.com
`RJREDVA; cmolster@molsterlaw.com
`RE: Case No: 1:20-cv-00393-LO-TCB - Pretrial Filings
`
`Counsel ‐ ‐
`
`We’re on the line. We will remain on the line for another 5 minutes if you want to discuss.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Max.Grant@lw.com <Max.Grant@lw.com>
`Sent: Friday, March 11, 2022 11:41 AM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Greg.Sobolski@lw.com; Jared.Schubert@lw.com;
`pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No: 1:20‐cv‐00393‐LO‐TCB ‐ Pretrial Filings
`
`** External mail **
`
`Chip - this doesn’t qualify as a meet and confer by a country mile. This stupid posturing has to stop. It’s going
`to be time to pick a jury soon.
`
`For the first time today, you admitted rather than trying to genuinely. Arrow the issues for trial, you’re
`posturing for a motion. Since you have a motion ready, what are you moving for? If you have a proposal, tell
`us what it is. If you think you’re entitled to a reduction in claims without a parallel reduction in invalidity
`arguments, say so.
`
`Otherwise we’re fine taking this nonsense to Judge O’Grady.
`
` M
`
` Grant
`
`
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Date: Friday, Mar 11, 2022, 12:06 PM
`To: Sobolski, Greg (Bay Area) <Greg.Sobolski@lw.com>, Schubert, Jared (NY) <Jared.Schubert@lw.com>, #C-M PMIEDVA
`- LW TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>, cmolster@molsterlaw.com <cmolster@molsterlaw.com>
`Subject: RE: Case No: 1:20-cv-00393-LO-TCB - Pretrial Filings
`1
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 3 of 5 PageID# 30601
`
`
`Greg ‐ ‐
`
`
`We disagree with the premise of your email. We’ll open a conference line at 1 ET.
`
`
`Dial in: 1.872.243.2878
`Conference ID: 455 333 786#
`
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`
`From: Greg.Sobolski@lw.com <Greg.Sobolski@lw.com>
`Sent: Friday, March 11, 2022 9:33 AM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Jared.Schubert@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No: 1:20‐cv‐00393‐LO‐TCB ‐ Pretrial Filings
`
`
`** External mail **
`
`John –
`
`
`We are not refusing to meet and confer; we are suggesting to do so. You would be making a misrepresentation by
`telling the Court otherwise. If RJR is ready to file a motion, it must have a proposal about claim reduction and the
`invalidity case it intends to put on at trial. What is it? Let us know and we can have a meet and confer about mutually
`preparing this case for trial.
`
`
`Greg
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Thursday, March 10, 2022 7:45 PM
`To: Sobolski, Greg (Bay Area) <Greg.Sobolski@lw.com>; Schubert, Jared (NY) <Jared.Schubert@lw.com>; #C‐M PMIEDVA
`‐ LW TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No: 1:20‐cv‐00393‐LO‐TCB ‐ Pretrial Filings
`
`
`Greg ‐ ‐
`
`
`We disagree further delay in resolving this issue is warranted. We are available before noon ET tomorrow to meet and
`confer. If you refuse, we will note PM/Altria’s opposition in our motion papers.
`
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 4 of 5 PageID# 30602
`
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`
`From: Greg.Sobolski@lw.com <Greg.Sobolski@lw.com>
`Sent: Thursday, March 10, 2022 6:55 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Jared.Schubert@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No: 1:20‐cv‐00393‐LO‐TCB ‐ Pretrial Filings
`
`
`** External mail **
`
`John,
`
`
`That motion would be premature. We’re happy to meet and confer on the issue, but to make it productive, the right
`time is after Tuesday’s disclosure of issues to be argued at the March 18 hearing.
`
`
`To ensure that pre‐trial narrowing is mutual, please tell us: (1) the specific number of prior art references and prior art
`combinations that RJR intends to present at trial for each asserted patent, (2) what RJR’s proposed claim reduction is.
`
`
`To date, we have not gotten that information. We’ll take it into account and be ready to discuss early next week.
`
`
`Thanks,
`Greg
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Thursday, March 10, 2022 3:53 PM
`To: Schubert, Jared (NY) <Jared.Schubert@lw.com>; #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No: 1:20‐cv‐00393‐LO‐TCB ‐ Pretrial Filings
`
`Jared ‐ ‐
`
`
`Per my email from Monday, please provide your availability tomorrow before noon ET to discuss our motion to reduce
`claims for trial, which we will be filing tomorrow so it can be heard on March 18.
`
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`
`From: Jared.Schubert@lw.com <Jared.Schubert@lw.com>
`Sent: Thursday, March 10, 2022 4:35 PM
`To: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Cc: pmiedva.lwteam@lw.com
`Subject: Case No: 1:20‐cv‐00393‐LO‐TCB ‐ Pretrial Filings
`
`
`3
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`
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`Case 1:20-cv-00393-LO-TCB Document 1148-2 Filed 03/11/22 Page 5 of 5 PageID# 30603
`
`** External mail **
`
`
`Counsel,
`
`
`Per the parties’ agreement, please find attached the proposed voir dire questions, preliminary and final jury instructions,
`and verdict form.
`
`
`Regards,
`Jared
`
`
`
`Jared S. Schubert
`
`
`LATHAM & WATKINS LLP
`1271 Avenue of the Americas
`New York, NY 10020
`Direct Dial: +1.212.906.4637
`Email: jared.schubert@lw.com
`https://www.lw.com
`
`
`_________________________________
`
`
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`4
`
`
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