Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 1 of 15 PageID# 33110
`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 1 of 15 PagelD# 33110
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 1 of 15 PagelD# 33110
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 2 of 15 PageID# 33111
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`Planet Depos0
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`We Make It Happen ™
`
`
`
`Confidential
`Transcript of James Figlar, Ph.D.
`
`Date: June 3, 2022
`Case: RAI Strategic Holdings, Inc. -v- Altria Client Services, LLC, et al.
`
`Planet Depos
`Phone: 888.433.3767
`Email: transcripts@planetdepos.com
`www.planetdepos.com
`
`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF VIRGINIA
` Alexandria Division
`RAI STRATEGIC HOLDINGS, :
`INC. and R.J. REYNOLDS :
`VAPOR COMPANY, :
` Plaintiffs/ :
` Counterclaim Defendants, : Case No.
` v. : 1:20-cv-00393-LO-TCB
`ALTRIA CLIENT SERVICES LLC; :
`PHILIP MORRIS USA INC.; and :
`PHILIP MORRIS PRODUCTS S.A., :
` Defendants/ :
` Counterclaim Plaintiffs. :
`
` CONFIDENTIAL
` VIDEOTAPED DEPOSITION of JAMES FIGLAR, Ph.D.
` Friday, June 3, 2022
` 6:54 a.m. CST
` Job No.: 450979
` Pages: 1 - 175
` Reported By: Michelle M. Yohler, CSR, RMR, CRR
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 3 of 15 PageID# 33112
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 4 of 15 PageID# 33113
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`2
`
` Remote videotaped 30(b)(6) deposition of RAI
`STRATEGIC HOLDINGS, INC., and R.J. REYNOLDS VAPOR
`COMPANY by JAMES FIGLAR, Ph.D., held remotely
`pursuant to notice before Michelle M. Yohler, CSR,
`RMR, CRR, a certified shorthand reporter,
`CSR No. 84-4531.
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 5 of 15 PageID# 33114
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`3
`
` A P P E A R A N C E S
`ON BEHALF OF RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY:
` MR. MICHAEL S. QUINLAN
` JONES DAY
` 901 Lakeside Avenue
` Cleveland, Ohio 44114-1190
` 216.586.3939
` msquinlan@jonesday.com
`
`ON BEHALF OF ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS PRODUCTS S.A.:
` MR. CLEMENT NAPLES
` LATHAM & WATKINS, LLP
` 1271 Avenue of the Americas
` New York, New York 10020
` 212.906.1200
` clement.naples@lw.com
`
` (Continued)
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 6 of 15 PageID# 33115
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`4
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` A P P E A R A N C E S C O N T I N U E D
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`ALSO PRESENT:
` Mr. Michael Pietanza, Technician
` RJ Buckler, Videographer
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 7 of 15 PageID# 33116
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`5
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` E X A M I N A T I O N S
`
`WITNESS PAGE
`JAMES FIGLAR, PH.D.
` By Mr. Naples............................ 7
` By Mr. Quinlan........................... 164
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` E X H I B I T S
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 8 of 15 PageID# 33117
`
`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`20
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`07:07:55
`07:07:55
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`BY MR. NAPLES:
` Q And what do you anticipate testifying to
`in your direct examination?
` MR. QUINLAN: Object to form. I would
`just note for the record our objection is a
`privilege objection.
` Dr. Figlar, to the extent you can answer
`that question without revealing any other
`conversations we've had or privileged
`conversations we've had, go ahead and do it.
`BY THE WITNESS:
` A I think, you know, in essence my testimony
`is going to be about reduce risk development,
`overall what Reynolds has done over the years. I
`have a pretty strong background on the history of
`what Reynolds has done.
` And then obviously talk about the specific
`patents that are in this litigation. Of course
`you and I have talked about that in detail in the
`past. I don't think those facts changed. So I'm
`prepared to discuss those issues and answer
`questions with regard to that.
`
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 9 of 15 PageID# 33118
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`21
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`07:08:50
`07:08:57
`07:09:00
`07:09:01
`07:09:01
`07:09:03
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`07:09:08
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` So that -- I think that will be, you know,
`pretty high-level summary of what my -- my direct
`is going to focus on.
`BY MR. NAPLES:
` Q Sure. When you say "discuss the patents,"
`what do you mean?
` A Well, I mean, the -- the patent issues
`that are, you know, at large in this case, you
`know, with regard to how is -- how our products
`constructed, do they -- not -- you know, what is
`the comp- -- what is the composition of our
`products versus what's stated in the patents.
` And so I'll certainly be able to talk
`about how our products differ than -- than what is
`in the patent --
` Q Are you intending -- sorry. Are you
`intending to offer an opinion that the accused
`products do not practice a particular limitation
`in any of the patents?
` MR. QUINLAN: Object to form. Calls for a
`legal conclusion. Beyond the scope.
`
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 10 of 15 PageID# 33119
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`22
`
`07:09:55
`07:09:57
`07:09:58
`07:10:01
`07:10:04
`07:10:06
`07:10:07
`07:10:11
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`BY THE WITNESS:
` A I'll be prepared to answer questions that
`are asked of me around the technology in the
`patents and the technology that are in our
`products. I'm prepared to do that, and that's
`what I will do.
` You know, with regard to making overall
`presumptions, I mean, I think that's what these
`court cases are about, and that -- that will be
`the arbiter of the decision on that. I can only
`offer up my opinion and what I know about the
`technology and the technologies that are in --
`that are in our products.
`BY MR. NAPLES:
` Q You're not going to offer any opinions on
`noninfringement, correct?
` A Not unless you ask me.
` Q Are you -- if your lawyer asks you, are
`you going to offer any opinions on
`noninfringement?
` MR. QUINLAN: Object to form.
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 11 of 15 PageID# 33120
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`23
`
`07:10:44
`07:10:44
`07:10:46
`07:10:48
`07:10:53
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`BY THE WITNESS:
` A Again, I will answer questions that are
`put to me on the stand, and I will do my best to
`answer them at that -- at that given time. If
`that makes any sense.
`BY MR. NAPLES:
` Q It does make sense.
` So are you prepared to come to trial and
`offer an opinion about whether or not Reynolds
`infringes or doesn't infringe the asserted
`patents?
` MR. QUINLAN: Object to form.
`BY THE WITNESS:
` A Are you asking me that question, or --
`BY MR. NAPLES:
` Q Yeah.
` A I mean -- again, if you ask me that
`question, I will answer the question on how I feel
`whether or not they're infringed or not.
` Ultimately in my opinion, it's going to be
`up to the jury to decide whether or not there's
`infringement there. That is not up to me to
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 12 of 15 PageID# 33121
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`24
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`07:11:33
`07:11:34
`07:11:36
`07:11:41
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`decide.
` But if you ask me what my opinion is, I
`will give my opinion in trial. Happy to do that.
` Q Are you going to offer any opinions on
`whether the patents are invalid?
` A Again, I will answer questions based on
`the questions that are asked of me. I think we
`covered this ground quite a bit in my earlier
`depositions about how I feel about certain claims
`in the patents.
` But -- but, yeah, I mean, it's really --
`it's up to the person who asks me the question
`about what opinions I will give. I have opinions,
`but I can't just jump on the stand and give a
`lecture, right? I mean, I have to ask the
`questions that are -- that are asked of me, and I
`will do that.
` Q You didn't submit an expert report on
`noninfringement in this case, correct?
` A I don't --
` MR. QUINLAN: Object to form.
`
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 13 of 15 PageID# 33122
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`25
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`07:12:29
`07:12:29
`07:12:31
`07:12:31
`07:12:34
`07:12:38
`07:12:41
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`BY THE WITNESS:
` A No. I do not believe I did, no.
`BY MR. NAPLES:
` Q And you didn't submit an expert report on
`invalidity in this case, correct?
` A Nope, that would not be my -- that would
`not be what I would do, no.
` Q And in this case, you're not an expert on
`infringement, correct?
` MR. QUINLAN: Object to form.
`BY THE WITNESS:
` A No, I am not an expert on infringement. I
`am a career scientist and executive for Reynolds,
`and I am prepared to talk about those issues, and
`when asked my opinion about technical issues, I
`will give my opinion.
`BY MR. NAPLES:
` Q And you're not an expert on validity in
`this case, correct?
` MR. QUINLAN: Object to form.
`BY THE WITNESS:
` A As far as it is from a -- from a legal
`
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 14 of 15 PageID# 33123
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`174
`
` C E R T I F I C A T E O F R E P O R T E R
`
` I, MICHELLE M. YOHLER, a Certified
`Shorthand Reporter within and for the County of
`Will, State of Illinois, do hereby certify:
` That previous to the commencement of the
`examination of the witness, the witness was duly
`sworn to testify the whole truth concerning the
`matters herein;
` That the foregoing deposition transcript
`was reported stenographically by me, was
`thereafter reduced to typewriting under my
`personal direction and constitutes a true record
`of the testimony given and the proceedings had;
` That the said deposition was taken
`remotely before me at the time and place
`specified; revie was not waived.
` That I am not a relative or employee or
`attorney or counsel, nor a relative or employee of
`such attorney or counsel for any of the parties
`hereto, nor interested directly or indirectly in
`the outcome of this action.
`
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`Case 1:20-cv-00393-LO-TCB Document 1296-2 Filed 06/08/22 Page 15 of 15 PageID# 33124
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`175
`
` IN WITNESS WHEREOF, I do hereunto set my
`hand and affix my seal of office at Chicago,
`Illinois, this 3rd day of June, 2022.
`
`
`
` _________________________________
` Michelle M. Yohler, CSR, RMR, CRR
` Certified Shorthand Reporter
` CSR No.: 84-4531
`
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