Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 1 of 8 PageID# 31994
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 1 of 8 PagelD# 31994
`
`EXHIBIT 5
`EXHIBIT 5
`
`
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 1 of 8 PagelD# 31994
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`EXHIBIT 5
`EXHIBIT 5
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`
`
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 2 of 8 PageID# 31995
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`
`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
`
`
`Plaintiffs and Counterclaim
`Defendants,
`
`v.
`
`
`
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.
`
`Defendants and Counterclaim
`Plaintiffs.
`
`Civil Action No. 1:20-cv-393-LO-TCB
`
`
`
`[PROPOSED] VOIR DIRE QUESTIONS
`
`The parties respectfully request that the Court include the following questions in voir dire:
`
`1.
`
`Does any member of the jury panel know or been represented by any of the lawyers
`
`or law firms who were introduced to you?
`
`2.
`
`Have you or any member of your family ever been employed by any Philip Morris
`
`entity or Altria entity, including Philip Morris Products S.A, Altria Client Services LLC, or Philip
`
`Morris USA Inc.?
`
`3.
`
`Do you have negative views of any Philip Morris or Altria entity, including Philip
`
`Morris Products S.A., Altria Client Services LLC, or Philip Morris USA Inc.?
`
`4.
`
`Have you or any member of your family ever been employed by any entity of
`
`British American Tobacco plc, including Reynolds American, Inc., RAI Strategic Holdings, Inc.,
`
`R.J. Reynolds Tobacco Company, or R.J. Reynolds Vapor Company?
`
`
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 3 of 8 PageID# 31996
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`5.
`
`Do you have negative views of any Reynolds entity, including Reynolds American,
`
`Inc., RAI Strategic Holdings, or R.J. Reynolds Vapor Company.
`
`6.
`
`Have you or any member of your immediate family ever owned stock in any Altria
`
`or Philip Morris entity?
`
`7.
`
`Have you or any member of your immediate family ever owned stock in any British
`
`American Tobacco plc or Reynolds entity?
`
`8.
`
`Have you heard or read anything about any legal dispute between Altria, Philip
`
`Morris, and Reynolds?
`
`9.
`
`Have you or any member of your immediate family ever been employed by any
`
`company that makes or sells tobacco products, including e-cigarettes?
`
`10.
`
` Have you or any member of your family ever used e-cigarette products? (If yes:
`
`Do you have any strong feelings about that product?)
`
`11.
`
`Do you think e-cigarettes are more harmful than regular cigarettes, or pose greater
`
`health risks than regular cigarettes?
`
`12. Whether you have ever used e-cigarettes or not, what opinions do you have about
`
`these products?
`
`13.
`
`Have you read or heard anything the news about e-cigarettes (If yes: What have
`
`you read or heard)?
`
`14.
`
`Do you or any member of your family know any of the following people that may
`
`be called to testify in this case:
`
`• John P. Abraham
`• Rui Batista
`• Clinton Blake
`• Travis N. Blalock
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 4 of 8 PageID# 31997
`
`• Noori Brifcani
`• Kara Calderon
`• David B. Clissold
`• Olivier Cochand
`• Sean Daugherty
`• Brandie Davis
`• Flavien Dubief
`• Stacy L. Ehrlich
`• James Figlar
`• Grier Fleischhauer
`• Jean-Marc Flick
`• Thomas F. Fuller
`• Moira Gilchrist
`• Nicholas Gilley
`• John Hairfield Jr.
`• Stephanie Harper
`• Eric Hawes
`• Charles Higgins
`• Masja Hoogland
`• Eric Hunt
`• Kenneth A. Jansen
`• Edward Kiernan
`• Martin King
`• Kelly R. Kodama
`• Russell Kratzer
`• Henry Lam
`• Philipp Litzenberger
`• Loi Ying Liu
`• Richard Lute
`• Pierpaolo Magnani
`• Alexandre Malgat
`
`3
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 5 of 8 PageID# 31998
`
`• Michael Manson
`• Joseph C. McAlexander III
`• Paul K. Meyer
`• Oleg Mironov
`• Neal Nunnally
`• John S. Peddycord
`• Arno Rinker
`• Robert Ripley
`• Jeffrey C. Suhling
`• Ryan Sullivan
`• Michel Thorens
`• Harold J. Walbrink
`
`15.
`
`Have you or someone close to you ever been involved in a lawsuit, either as a
`
`plaintiff or defendant or otherwise?
`
`16.
`
`Have you ever served on a jury before? (If yes: Were you the foreperson? Was a
`
`verdict reached? Describe the verdict?)
`
`17.
`
`Do you or any member of your immediate family have any education or experience
`
`in the following areas:
`
`• Electrical engineering or mechanical engineering;
`
`• The tobacco industry;
`
`• Product design, including design of e-cigarettes;
`
`• The practice of law;
`
`• Healthcare
`
`o If yes, was that experience in areas involving pulmonology (lung care) or
`
`oncology (cancer)?
`
`• The negotiation of licenses or contracts involving intellectual property; and
`
`4
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 6 of 8 PageID# 31999
`
`• The valuation of intellectual property.
`
`18.
`
`Have you or anyone close to you ever been accused of, or worked for a company
`
`that has been accused of, infringing intellectual property, that is, taking and using someone else’s
`
`invention without permission?
`
`19.
`
`Have you or any member of your immediate family ever worked for the United
`
`States Patent and Trademark Office or the U.S. Food and Drug Administration?
`
`20.
`
`Do you handle the accounting, bookkeeping, or finances in your home or for your
`
`company?
`
`21.
`
`Have you or someone close to you ever accused someone of infringing intellectual
`
`property, or worked for a company that made such an accusation?
`
`22.
`
`Have you or someone close to you ever been accused of infringing intellectual
`
`property or worked for a company that made such an accusation?
`
`23.
`
`24.
`
`Have you or someone close to you ever applied for or been granted any patents?
`
`Do you have any beliefs or feelings about the United States Patent and Trademark
`
`Office, or whether or not certain inventions should be entitled to patent protection?
`
`PMI/Altria’s Proposed Voir Dire Questions
`
`25.
`
`26.
`
`Do you currently smoke cigarettes or use any other tobacco products?
`
`Do you have strong feelings or beliefs about the tobacco industry that would
`
`prevent you from acting as a fair and impartial juror in this case?
`
`27.
`
`Have you or any member of your family ever had any negative health effects from
`
`either cigarettes or e-cigarettes?
`
`a. If yes, what were the negative health effects?
`
`5
`
`
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`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 7 of 8 PageID# 32000
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`28.
`
`Have you or someone close to you ever experienced any safety issues with an e-
`
`cigarette?
`
`29.
`
`Do you think it is a bad thing that patents give the patent holder the right to exclude
`
`or stop others from making, using or selling the patented product for a number of years?
`
`30.
`
`If someone comes up with a new and useful invention, do you agree they should be
`
`rewarded and compensated for thinking of something new?
`
`31.
`
`32.
`
`Do you think patents are bad because they might hold back competition?
`
`Do you have any beliefs or feelings about the efforts to enforce patents that might
`
`make you biased or prejudiced for, or against, the enforcement of patents?
`
`33.
`
`34.
`
`Do you or your employ rely on patented technology as part of its business?
`
`Have you ever been involved in a patent application or patent licensing process at
`
`a company or other organization? (If yes: Were the patents ever developed and sold as commercial
`
`products?)
`
`35.
`
`If a company is found to infringe a patent, would you have any hesitation in
`
`awarding damages for that infringement?
`
`36. Would the fact that both parties in this dispute are in the tobacco industry have any
`
`influence on your decisions in this case?
`
`37.
`
`The law allows PMI/Altria to receive damages from the defendants if they infringed
`
`one or more of PMI/Altria’s patents and the patents are valid. Should the evidence support it,
`
`would anyone have difficulty awarding substantial monetary damages in this case?
`
`38.
`
`39.
`
`Do you have any difficulty speaking, reading, writing or understanding English?
`
`Do you have any special physical disability or problem that would make it difficult
`
`or impossible for you to serve as a juror?
`
`6
`
`
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`Case 1:20-cv-00393-LO-TCB Document 1204-5 Filed 04/28/22 Page 8 of 8 PageID# 32001
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`40.
`
` Do you have any concerns about serving as a juror due to COVID 19 related issues?
`
`(If yes: Please explain).
`
`41.
`
`Do you have any strong preferences or feelings for in state companies over out of
`
`state companies, or for U.S. based companies over companies based outside the U.S.?
`
`42.
`
`Do you harbor any prejudice or bias or strong feelings which would prevent you
`
`from sitting as a fair and impartial juror in this case?
`
`43.
`
`If you are selected as a juror in this case, is there any reason why you would be
`
`unable to follow the law as I explain it to you?
`
`44. Would serving as a juror cause a serious financial hardship for you? (If yes: Please
`
`explain).
`
`45.
`
`Do you know of anything that we have not touched on that might affect your
`
`qualifications or ability to serve as a juror in this case or prevent you from rendering an impartial
`
`verdict based solely on the evidence and the instructions to you about the law?
`
`Reynolds’s Proposed Voir Dire Questions
`
`46.
`
`Do you believe the United States Patent and Trademark Office rarely makes
`
`mistakes when issuing a patent?
`
`
`
`
`
`
`
`7
`
`
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