Case 1:20-cv-00393-LO-TCB Document 1159-8 Filed 03/25/22 Page 1 of 5 PageID# 30733
`Case 1:20-cv-00393-LO-TCB Document 1159-8 Filed 03/25/22 Page 1 of 5 PagelD# 30733
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`EXHIBIT 8
`EXHIBIT 8
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`Case 1:20-cv-00393-LO-TCB Document 1159-8 Filed 03/25/22 Page 2 of 5 PageID# 30734
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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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 SECOND SET OF
`REQUESTS FOR PRODUCTION (NOS. 158-188)
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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 respond to Altria Client Services
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`LLC, Philip Morris USA, Inc., and Philip Morris Products S.A.’s (collectively, “Defendants” or
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`“Counterclaim Plaintiffs”) Second Set of Requests for Production (Nos. 158-188) as 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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`the U.S. District Court for the Eastern District of Virginia, or any other applicable rule or
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`Case 1:20-cv-00393-LO-TCB Document 1159-8 Filed 03/25/22 Page 3 of 5 PageID# 30735
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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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`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
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`REQUEST NO. 158:
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`All Documents concerning any license, covenant not to sue, and release of rights granted;
`any offer or attempt to license, covenant, or release of rights (whether or not the offer or attempt
`has resulted in a license, covenant, or release); and any other agreement (including, but not limited
`to, settlement agreements, joint development agreements, valuations, or undertakings) relating to
`any RJR Asserted Patent, electronic cigarette technology, or any subject matter that Plaintiffs
`contend is comparable to the RJR Asserted Patents.
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`OBJECTIONS:
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`Reynolds objects to this request to the extent it seeks information protected by the attorney-
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`client privilege, the attorney work product doctrine, the common interest privilege, or any other
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`applicable privilege or immunity. Reynolds objects to this request as overly broad, unduly
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`burdensome, and seeking information that is not relevant to any claim or defense in this case to
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`the extent it seeks “All” Documents concerning any license, covenant not to sue, and release of
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`rights granted; any offer or attempt to license, covenant, or release of rights (whether or not the
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`4
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`Case 1:20-cv-00393-LO-TCB Document 1159-8 Filed 03/25/22 Page 4 of 5 PageID# 30736
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`offer or attempt has resulted in a license, covenant, or release); and any other agreement (including,
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`but not limited to, settlement agreements, joint development agreements, valuations, or
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`undertakings) relating to any RJR Asserted Patent, electronic cigarette technology, or any subject
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`matter that Plaintiffs contend is comparable to the RJR Asserted Patents. The burden and expense
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`of complying with the requested discovery far outweighs any likely benefit of obtaining that
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`discovery, and therefore is not proportional to the needs of this case. Reynolds objects to this
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`request as overly broad, unduly burdensome, and seeking information that is not relevant to any
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`claim or defense
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`in
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`this case
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`to
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`the extent
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`it seeks
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`information
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`relating
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`to
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`Defendants’/Counterclaim Plaintiffs’ overly broad definition of the term “Plaintiffs.” For instance,
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`this request seeks information regarding entities on whose behalf Reynolds lacks the authority and
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`information to respond and regarding entities that have no involvement or relevance to any claims
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`or defenses in this action. Reynolds objects to this request on the grounds that it is vague and
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`ambiguous, including without limitation, in its use of the phrase “electronic cigarette technology,”
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`which is subject to multiple interpretations.
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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 has produced or will produce non-privileged any license, covenant not to sue, and release
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`of rights granted; any offer or attempt to license, covenant, or release of; and any other agreement
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`relating to the ’268 or ’542 patents or electronic cigarette technology, that are within its possession,
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`custody, or control located pursuant to a reasonable and diligent search, to the extent that any such
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`Documents exist.
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`REQUEST NO. 159:
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`All agreements, licenses, or contracts entered into by Plaintiffs related to any patents or
`patented technologies concerning electronic cigarettes that Plaintiffs have licensed, including but
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`Case 1:20-cv-00393-LO-TCB Document 1159-8 Filed 03/25/22 Page 5 of 5 PageID# 30737
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`CERTIFICATE OF SERVICE
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`I hereby certify that on November 4, 2020, 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: November 4, 2020
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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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