Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 1 of 7 PageID# 30717
`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 1 of 7 PagelD# 30717
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`EXHIBIT 6
`EXHIBIT 6
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`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 2 of 7 PageID# 30718
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim Defendants,
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`
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`
`
`Case No. 1:20cv00393-LO-TCB
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`
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
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`Defendants and Counterclaim Plaintiffs.
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`RAI STRATEGIC HOLDINGS, INC. AND R.J. REYNOLDS VAPOR COMPANY’S
`OBJECTIONS AND RESPONSES TO ALTRIA CLIENT SERVICES LLC, PHILIP
`MORRIS USA, INC., AND PHILIP MORRIS PRODUCTS S.A.’S EIGHTH SET OF
`REQUESTS FOR PRODUCTION (NO. 224)
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`Pursuant to Federal Rules of Civil Procedure 26 and 34, RAI Strategic Holdings, Inc. and
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`R.J. Reynolds Vapor Company (collectively, “Reynolds”) hereby responds to Altria Client
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`Services LLC, Philip Morris USA, Inc., and Philip Morris Products S.A.’s (collectively,
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`“Defendants” or “Counterclaim Plaintiffs”) Eighth Set of Requests for Production (No. 224) as
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`follows.
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`PRELIMINARY STATEMENT
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`Reynolds has not yet completed discovery relating to this case, and while it has made
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`reasonable investigation for responsive information, its investigation of the facts is continuing.
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`Reynolds objects and responds to these Requests for Production as it interprets and understands
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`each request as set forth. Reynolds’s objections and responses to these requests are made without
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`prejudice to Reynolds’s right to supplement, correct, or otherwise modify the objections and
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`responses to the extent permitted under the Federal Rules of Civil Procedure, the Local Rules for
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`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 3 of 7 PageID# 30719
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`the U.S. District Court for the Eastern District of Virginia, or any other applicable rule or
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`regulation. To the extent that Reynolds finds responsive, relevant, non-privileged information that
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`is proportional to the needs of the case in its possession, custody, or control, Reynolds will produce
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`that information or make it available for inspection in accordance with the protective order entered
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`in this case.
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`
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`Reynolds objects to the requests to the extent that they seek information subject to the
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`attorney-client privilege, attorney work product immunity, the common interest privilege, or any
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`other applicable privilege or immunity against disclosure. Such information will not be provided
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`in response to the requests, and any inadvertent disclosure shall not be deemed a waiver of any
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`privilege, work product protection, or other protection.
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`OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
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`Reynolds objects to the Definitions and Instructions to the extent that they seek to impose
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`obligations on Reynolds more extensive than those required by the Federal Rules of Civil
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`Procedure or the Local Civil Rules for the U.S. District Court for the Eastern District of Virginia,
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`and specifically objects as follows:
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`1.
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`Reynolds objects to the definition of “You,” “Plaintiffs,” “Counterclaim
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`Defendants,” and “RJR” as overly broad and unduly burdensome because it incorporates entities
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`and individuals that are not a party to this case and on whose behalf Reynolds lacks the authority
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`and information to respond. Reynolds objects to the terms “You,” “Plaintiffs,” “Counterclaim
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`Defendants,” and “RJR” as overly broad and unduly burdensome to the extent they purport to
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`include either RAI Strategic Holdings, Inc.’s or R.J. Reynolds Vapor Company’s predecessors-in-
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`interest, parents, subsidiaries, joint ventures, affiliates, assigns, attorneys, other affiliated or related
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`businesses, and other legal entitles whether wholly or partially owned or controlled by either RAI
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`2
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`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 4 of 7 PageID# 30720
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`Strategic Holdings, Inc. or R.J. Reynolds Vapor Company. Reynolds objects to the definition of
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`“You,” “Plaintiffs,” “Counterclaim Defendants,” and “RJR” as overly broad and unduly
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`burdensome to the extent they purport to include the principals, directors, officers, owners,
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`members, representatives, employees, agents, consultants, accountants, and attorneys of either
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`RAI Strategic Holdings, Inc. or R.J. Reynolds Vapor Company who are acting outside of their
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`roles with respect to either of those companies. In responding to these requests, Reynolds shall
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`construe “You,” “Plaintiffs,” “Counterclaim Defendants,” and “RJR” to refer to RAI Strategic
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`Holdings, Inc. or R.J. Reynolds Vapor Company.
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`2.
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`Reynolds objects to Defendants’/Counterclaim Plaintiffs’ definition of “RJR
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`Accused Product(s)” as vague and ambiguous insofar as that definition includes products beyond
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`those that have been specifically identified by Defendants/Counterclaim Plaintiffs in their
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`Counterclaims or in their Response to Reynolds’s Interrogatory No. 8. In responding to these
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`requests, Reynolds shall construe RJR Accused Products to refer only to the VUSE Solo®, VUSE
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`VibeTM, VUSE Ciro®, and VUSE Alto® devices and their associated flavor packs identified in
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`Defendants’/Counterclaim Plaintiffs’ Counterclaims and in their Response to Reynolds’s
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`Interrogatory No. 8.
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`3.
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`Reynolds objects
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`to Defendants’/Counterclaim Plaintiffs’ definition of
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`“Counterclaim Asserted Patent(s)” as overly broad to the extent that definition includes patents
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`that Defendants/Counterclaim Plaintiffs have not asserted in this case, or non-patent references
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`such as patent applications. In responding to these requests, Reynolds shall construe Counterclaim
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`Asserted Patents to refer to U.S. Patent No. 9,814,265, U.S. Patent No. 10,555,556, U.S. Patent
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`No. 10,104,911, U.S. Patent No. 6,803,545, and U.S. Patent No. 10,420,374.
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`3
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`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 5 of 7 PageID# 30721
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`4.
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`Reynolds objects to Defendants’/Counterclaim Plaintiffs’ definition of “RJR
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`Covered Product(s)” as overly broad to the extent it includes products made by third parties.
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`REQUESTS FOR PRODUCTION
`REQUEST FOR PRODUCTION NO. 224:
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`To the extent not produced in response to previous requests, all non-privileged documents
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`related to Reynolds’s settlement with Fontem and/or relating to the Fontem agreement, including
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`any communications with Fontem.
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`OBJECTIONS:
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`Reynolds objects to this request as overly broad, unduly burdensome, and seeking
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`information that is not relevant to any claim or defense in this case to the extent it seeks “All”
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`Documents related to Reynolds’s settlement with Fontem and/or relating to the Fontem agreement.
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`The burden and expense of complying with the requested discovery far outweighs any likely
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`benefit of obtaining that discovery, and therefore is not proportional to the needs of this case. See
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`Fed. R. Civ. P. 26(b)(1).
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`RESPONSE:
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`Subject to and without waiving the foregoing objections, Reynolds responds as follows:
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`Reynolds does not expect to produce Documents in response to this request beyond those already
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`being produced in response to other requests.
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`4
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`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 6 of 7 PageID# 30722
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`Dated: April 12, 2021
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`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`Telephone: (404) 521-3939
`Facsimile: (404) 581-8330
`Email: separker@jonesday.com
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`Anthony M. Insogna
`JONES DAY
`4655 Executive Drive
`Suite 1500
`San Diego, CA 92121
`Telephone: (858) 314-1200
`Facsimile: (844) 345-3178
`Email: aminsogna@jonesday.com
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`William E. Devitt
`JONES DAY
`77 West Wacker
`Suite 3500
`Chicago, IL 60601
`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
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`Sanjiv P. Laud
`JONES DAY
`90 South Seventh Street
`Suite 4950
`Minneapolis, MN 55402
`Telephone: (612) 217-8800
`Facsimile: (844) 345-3178
`Email: slaud@jonesday.com
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`Respectfully submitted,
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`
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`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
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`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Tel: (212) 326-3939
`Fax: (212) 755-7306
`Email: jjnormile@jonesday.com
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`Alexis A. Smith
`JONES DAY
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, CA 90071
`Telephone: (213) 243-2653
`Facsimile: (213) 243-2539
`Email: asmith@jonesday.com
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`Charles B. Molster, III (VA Bar No. 23613)
`The Law Offices of Charles B. Molster III PLLC
`2141 Wisconsin Ave., N.W., Suite M
`Washington, DC 20007
`Telephone: 703-346-1505
`Email: cmolster@molsterlaw.com
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`Counsel for Plaintiffs RAI Strategic Holdings, Inc.
`and R.J. Reynolds Vapor Company
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`5
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`Case 1:20-cv-00393-LO-TCB Document 1159-6 Filed 03/25/22 Page 7 of 7 PageID# 30723
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 12, 2021, the foregoing was served on counsel for
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`Defendants/Counterclaim Plaintiffs using
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`the
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`following designated
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`email
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`address:
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`pmiedva.lwteam@lw.com.
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`Dated: April 12, 2021
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`/s/ David M Maiorana
`David M. Maiorana (VA Bar No. 42334)
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
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