`Case 1:20-cv-00393-LO-TCB Document 1213-2 Filed 05/04/22 Page 1 of 6 PagelD# 32121
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`EXHIBIT 2
`EXHIBIT 2
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`
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`Case 1:20-cv-00393-LO-TCB Document 1213-2 Filed 05/04/22 Page 2 of 6 PageID# 32122
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`
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`SurendraKumar.Ravula@lw.com
`Wednesday, May 4, 2022 12:29 PM
`Michalik, John M.; RJREDVA; cmolster@molsterlaw.com
`pmiedva.lwteam@lw.com; Altria.RJRV@weil.com
`RE: Case No. 1:20-cv-00393-LO-TCB (E.D. Va.) - Claims / Prior Art Reduction
`
`** External mail **
`
`John: We disagree with your characterizations below. Thanks for re‐confirming Reynolds’ opposition to PMI/Altria’s
`April 29 motion.
`
`Kumar Ravula
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800 | Chicago, IL 60611
`D: +1.312.876.6555
`
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Wednesday, May 4, 2022 11:13 AM
`To: Ravula, Kumar (CH) <SurendraKumar.Ravula@lw.com>; RJREDVA <RJREDVA@jonesday.com>;
`cmolster@molsterlaw.com
`Cc: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>; Altria.RJRV@weil.com
`Subject: RE: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`Kumar ‐ ‐
`
`Your email misstates the facts surrounding our exchange leading up to PM/Altria’s April 29 motion.
`
`
`First, your April 25 email incorrectly counted the number of prior art combinations Reynolds had identified for the
`asserted claims of the ‘911 patent in the parties’ joint submission on April 20. In an April 27 email, I informed you that
`you had incorrectly counted and explained how you had done so. You then requested that the parties submit a
`“supplemental filing” regarding Reynolds’s identification of prior art combinations, and I responded that Reynolds saw
`no reason to submit another filing repeating the same prior art combinations the parties already jointly submitted on
`April 20. We then held a meet and confer, also on April 27, in which I explained again how you had incorrectly counted
`the number of prior art combinations in the April 20 joint filing. You responded that, with my explanation, you
`understood how many ‐ ‐ and which ‐ ‐ combinations Reynolds had identified for the claims of the ‘911 patent. After I
`explained Reynolds’s identification of prior art combinations for the ‘911 patent during our call, you asked again if
`Reynolds would agree to a “supplemental filing”, and I repeated that Reynolds saw no need to file another paper
`repeating the same prior art combinations already jointly submitted on April 20. After being corrected on Reynolds’s
`identification of prior art combinations for the ‘911 patent, you never asserted that Reynolds had identified an excessive
`or unreasonable number. Then PM filed its motion on April 29.
`
`
`This email also confirms Reynolds stands by its April 20 identification of prior art combinations for claim 2 of the ‘911
`patent and will be filing its opposition to PM’s April 29 motion today.
`
`
`
`1
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`Case 1:20-cv-00393-LO-TCB Document 1213-2 Filed 05/04/22 Page 3 of 6 PageID# 32123
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`*Please note our new address effective April 25, 2022
`
`From: SurendraKumar.Ravula@lw.com <SurendraKumar.Ravula@lw.com>
`Sent: Tuesday, May 3, 2022 5:47 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Cc: pmiedva.lwteam@lw.com; Altria.RJRV@weil.com
`Subject: RE: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`** External mail **
`
`John,
`
`When we met and conferred today, you accused me of not having properly raised our request that RJR reasonably
`reduce its identification of prior art combinations down from 6 combinations for claim 2 of the ‘911 patent. That is
`false. We discussed it on the meet and confer on April 27, 2022 (before we filed our motion) and we requested in
`writing that RJR reduce its combinations prior to that. Simply put, RJR has refused to reduce its combinations.
`
`For the sake of potentially resolving the dispute, we ask one more time: does RJR agree to reduce its prior art
`combinations for claim 2 of the ‘911 patent ?
`
`If you confirm RJR is willing to do so in writing by tomorrow (prior to filing your opposition), then the parties can jointly
`update the Court.
`
`Kumar Ravula
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800 | Chicago, IL 60611
`D: +1.312.876.6555
`
`
`From: Ravula, Kumar (CH)
`Sent: Tuesday, May 3, 2022 4:28 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Cc: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>; Altria.RJRV@weil.com
`Subject: RE: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`John,
`
`Further to our meet and confer and to clarify our proposal from yesterday, PMI/Altria will agree to withdraw claim 4 of
`the ’374 Patent if Reynolds will agree to the addition of claim 13 of the ’911 Patent.
`
`We understand from the meet and confer today that Reynolds opposes the addition of claim 13 from the ’911
`Patent. Therefore, PMI/Altria will not be withdrawing claim 4 of the ’374 Patent at this time.
`
`
`2
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`
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`Case 1:20-cv-00393-LO-TCB Document 1213-2 Filed 05/04/22 Page 4 of 6 PageID# 32124
`
`Thanks,
`
`Kumar Ravula
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800 | Chicago, IL 60611
`D: +1.312.876.6555
`
`
`
`From: Ravula, Kumar (CH) <SurendraKumar.Ravula@lw.com>
`Sent: Tuesday, May 3, 2022 12:01 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Cc: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>; Altria.RJRV@weil.com
`Subject: RE: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`John,
`
`We are available at 4 pm CT. Please use the dial‐in below.
`
`1‐877‐205‐3155
`180102
`
`Kumar Ravula
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800 | Chicago, IL 60611
`D: +1.312.876.6555
`
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Tuesday, May 3, 2022 11:43 AM
`To: Ravula, Kumar (CH) <SurendraKumar.Ravula@lw.com>; RJREDVA <RJREDVA@jonesday.com>;
`cmolster@molsterlaw.com
`Cc: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>; Altria.RJRV@weil.com
`Subject: RE: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`Kumar ‐ ‐
`
`Reynolds accepts PM/Altria’s withdrawal of claim 4 of the ‘374 patent. Reynolds opposes PM/Altria’s attempt to add
`claim 13 of the ’911 patent. PM/Altria’s deadline to identify claims for trial was April 5, and Reynolds has been
`preparing for trial for a month based on PM/Altria’s April 5 disclosure. We are available to meet and confer at 4:00 CT.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`
`3
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1213-2 Filed 05/04/22 Page 5 of 6 PageID# 32125
`
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`*Please note our new address effective April 25, 2022
`
`From: SurendraKumar.Ravula@lw.com <SurendraKumar.Ravula@lw.com>
`Sent: Tuesday, May 3, 2022 10:24 AM
`To: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Cc: pmiedva.lwteam@lw.com; Altria.RJRV@weil.com
`Subject: RE: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`** External mail **
`
`Counsel: As a reminder, please let us know if RJR agrees to the modification below. If RJR opposes, please let us know
`when you are available for a meet and confer today. Thanks.
`
`
`Kumar Ravula
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800 | Chicago, IL 60611
`D: +1.312.876.6555
`
`
`
`From: Ravula, Kumar (CH)
`Sent: Monday, May 2, 2022 3:28 PM
`To: 'RJREDVA' <RJREDVA@jonesday.com>; 'cmolster@molsterlaw.com' <cmolster@molsterlaw.com>
`Cc: #C‐M PMIEDVA ‐ LW TEAM <pmiedva.lwteam@lw.com>; 'Altria.RJRV@weil.com' <Altria.RJRV@weil.com>
`Subject: Case No. 1:20‐cv‐00393‐LO‐TCB (E.D. Va.) ‐ Claims / Prior Art Reduction
`
`Counsel,
`
`
`Counterclaim Plaintiffs identify claim 13 of the ’911 Patent for trial, and withdraw claim 4 of the ’374 patent. Our
`updated identification of claims for trial is below.
`
`Please confirm that RJR agrees to this amendment and that RJR will provide its reasonable number of prior art
`references and combinations for claim 13 of the ’911 patent by May 6 so that the parties can provide an updated
`submission to the Court. If RJR opposes, please let us know when you are available for a meet and confer tomorrow.
`
`
`
`Patent
`
`Claims
`
`10,420,374
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`10,555,556
`
`10,104,911
`
`9,814,265
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`3, 5, 8, 10, 16, 18, 20, 24, 25
`
`4
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`2, 11, 12, 13
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`1, 4, 17
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`4
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`Case 1:20-cv-00393-LO-TCB Document 1213-2 Filed 05/04/22 Page 6 of 6 PageID# 32126
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`6,803,545
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`1, 4
`
`
`Thanks,
`
`Kumar Ravula
`Pronouns: he/him/his
`
`
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Direct Dial: +1.312.876.6555
`Email: surendrakumar.ravula@lw.com
`https://www.lw.com
`
`
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