`Case 1:20-cv-00393-LO-TCB Document 1243-1 Filed 05/27/22 Page 1 of 4 PagelD# 32424
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`EXHIBIT 1
`EXHIBIT 1
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`
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`Case 1:20-cv-00393-LO-TCB Document 1243-1 Filed 05/27/22 Page 2 of 4 PageID# 32425
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`1
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` UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Civil Action
`No. 1:20-cv-00393-LO-TCB
`May 20, 2022
`2:00 p.m.
`
`)))))))))))))
`
`ALTRIA CLIENT SERVICES, LLC
`et al.,
` Counterclaim Plaintiffs,
`v.
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
`Counterclaim Defendants.
`
`TRANSCRIPT OF MOTION HEARING PROCEEDINGS
`BEFORE THE HONORABLE LIAM O'GRADY,
`UNITED STATES DISTRICT COURT JUDGE
`
`APPEARANCES:
`For the Counterclaim
`Plaintiffs:
`
`Maximilian Antony Grant, Esq.
`Latham & Watkins, LLP (DC)
`555 11th Street, N.W.
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Max.grant@lw.com
`Clement Joseph Naples, Esq.
`Latham & Watkins, LLP
`885 Third Avenue
`25th Floor
`New York, NY 10022
`212-906-1200
`Email: Dement.naples@lw.com
`William Sutton Ansley, Esq.
`Weil, Gotshal & Manges
`2001 M Street, N.W.
`Suite 600
`Washington, DC 20036
`202-682-7000
`Email: Sutton.Ansley@weil.com
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1243-1 Filed 05/27/22 Page 3 of 4 PageID# 32426
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`57
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`MR. MICHALIK: Some of the pleadings, for example, on the
`joint verdict form we've submitted I think has -- labels us as
`very different things. Is that something we will be able to
`resolve before it goes to the jury and they see that there's
`different party names for --
`THE COURT: Yeah, absolutely.
`MR. MICHALIK: Okay.
`THE COURT: Amend them to reflect that, and certainly we
`can continue to work on those until the final verdict form goes
`back.
`
`MR. QUINLAN: Okay. Thank you. The second item is how
`the Court intends to treat confidential business information.
`For example, we have some source code that is some Reynolds
`source code and also the third-party vendors that provide some of
`the parts of the products we make that are accused of
`infringement, financial information, and other design
`information.
`We're preparing a motion pursuant to the local rule to
`identify those exhibits that we believe -- we hope to keep the
`treatment -- I'm sorry -- we hope to keep subject to confidential
`treatment in advance of the trial so that you have a list of what
`we would like to keep as confidential before it's offered into
`evidence. I think that's the timing that the local rules require
`so we're preparing a motion along those lines.
`THE COURT: That's fine. Thank you. And what's testified
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LO-TCB Document 1243-1 Filed 05/27/22 Page 4 of 4 PageID# 32427
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`58
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`to in open court is going to remain open, so if somebody has a
`lengthy code and you want to identify it by, you know, a surname
`or something, then that's the time to do that in the testimony
`because the testimony is going to -- it's going to be in the
`public, it's going to remain in the public.
`The documents themselves that you believe are
`confidential, we can seal those up, and so they won't be made
`available to the public, but not the testimony.
`MR. MICHALIK: Am I understanding you correctly, then,
`that there won't be any sealing of the courtroom during the
`testimony?
`THE COURT: No sealing of the courtroom.
`MR. MICHALIK: Thank you, Your Honor.
`THE COURT: Jury instructions. You all submitted jury
`instructions and worked hard on them, and long before I thought
`about them, so thank you for that.
`It occurs to me that Judge Gilstrap probably has a
`standard set of instructions that he throws out in every case and
`rarely probably detours from, and I thought I would either ask
`you or call his chambers and ask for his instructions; but have
`you all used his instructions and what do you think about them?
`MR. GRANT: We have, Your Honor. I'm happy to get you a
`set of them. I don't think they're that controversial. I also
`don't think that they're all that different from the ones this
`Court has used in the past. To the extent the Court wanted to
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
`
`
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