`
`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.
`
`Case No. 1:20-cv-00393-LO-TCB
`
`
`
`
`
`PHILIP MORRIS PRODUCTS S.A.’S THIRD AMENDED TRIAL EXHIBIT LIST
`
`Pursuant to Federal Rule of Civil Procedure 26(a)(3) and the Court’s Scheduling Orders
`
`(Dkt. Nos. 97, 99, 461, 535, and 680), Philip Morris Products S.A. (“PMP”) submits the third
`
`amended list of exhibits attached as Exhibit A that PMP intends to offer in the trial on claims
`
`related to United States Patent Numbers 9,814,265 and 10,104,911, other than those solely for
`
`impeachment or rebuttal. PMP reserves the right to submit a new, amended, or supplemental list
`
`of exhibits on issues related to PMP’s equitable claim for injunctive relief, which is currently held
`
`in abeyance. PMP also reserves the right to submit a new, amended, or supplemental list of
`
`exhibits for subsequent trial on claims related to Reynolds’s United States Patent Nos. 9,814,238,
`
`9,901,123, 9,930,915, and 10,492,542. PMP reserves the right to offer, or not offer, as an exhibit
`
`at trial any item listed herein. PMP reserves the right to object to the offering as an exhibit at trial
`
`any item listed herein by Reynolds. PMP reserves the right to offer as an exhibit at trial any item
`
`1
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1294 Filed 06/07/22 Page 2 of 3 PageID# 33010
`
`designated or listed by Reynolds on their exhibit list. PMP reserves the right to offer for rebuttal
`
`or impeachment items that are not identified on this list.
`
`PMP also reserves the right to supplement, amend, or otherwise modify this exhibit list as
`
`appropriate, including but not limited to the right to supplement this list with any late produced or
`
`late-served documents or based on Reynold’s trial presentation, as may be appropriate. Inclusion
`
`on this list is neither an admission nor a representation as to the admissibility of or relevance to
`
`any issue of any item. By listing an item, PMP is neither representing nor admitting that it has the
`
`burden of proof on any topic to which that item relates.
`
`PMP reserves the right to offer demonstratives for opening statements and closing
`
`argument, and to use demonstratives during witness examinations. PMP reserves the right to
`
`present excerpts from any exhibit identified on either party’s exhibit list as a demonstrative at trial
`
`as appropriate. PMP reserves the right to request redaction of any of the exhibits.
`
`Further, PMP reserves the right to supplement, amend, or otherwise modify this exhibit
`
`list as appropriate based on further exchanges between the parties or rulings from the Court.
`
`Dated: June 7, 2022
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Maximilian A. Grant
`Maximilian A. Grant (VSB No. 91792)
`max.grant@lw.com
`Lawrence J. Gotts (VSB No. 25337)
`lawrence.gotts@lw.com
`Matthew J. Moore (pro hac vice)
`matthew.moore@lw.com
`Jamie Underwood (pro hac vice)
`jamie.underwood@lw.com
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1294 Filed 06/07/22 Page 3 of 3 PageID# 33011
`
`Clement J. Naples (pro hac vice)
`clement.naples@lw.com
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Tel: (212) 906-1200; Fax: (212) 751-4864
`
`Gregory J. Sobolski (pro hac vice)
`greg.sobolski@lw.com
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`
`Counsel for Plaintiff Philip Morris Products
`S.A.
`
`
`
`
`3
`
`
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