Case 1:20-cv-00393-LO-TCB Document 1301-1 Filed 06/08/22 Page 1 of 6 PageID# 33266
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`Exhibit A
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`
`Exhibit A
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` 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 1301-1 Filed 06/08/22 Page 2 of 6 PageID# 33267
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`Case 1:20-cv-00393-LO-TCB Document 1301-1 Filed 06/08/22 Page 3 of 6 PageID# 33268
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
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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 1301-1 Filed 06/08/22 Page 4 of 6 PageID# 33269
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
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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 1301-1 Filed 06/08/22 Page 5 of 6 PageID# 33270
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
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`137
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`engineers would make sure the specs are all lined
`up and all that kind of stuff, but...
` Q Who knows more about the technical details
`of the Vuse products, you or Mr. Hunt?
` MR. QUINLAN: Object to form. Beyond the
`scope. Speculation.
`BY THE WITNESS:
` A Yeah, I mean, I don't know what -- what
`Mr. Hunt knows. But my guess is he's probably got
`a better handle on the technical specifications of
`the -- of the products than I would.
` If you want to ask me detailed questions
`about individual pieces and parts, that's probably
`not me. I can talk generally about the technical
`aspects of the product, how they work, what the
`public health aspects are, you know, general
`knowledge about the overall technology that goes
`into them, what kinds of -- you know, does it have
`software, what kind of software.
` I mean, I know those things. But if you
`want to get down into the dirty details about how
`each individual component works and functions,
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`Case 1:20-cv-00393-LO-TCB Document 1301-1 Filed 06/08/22 Page 6 of 6 PageID# 33271
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`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`
`138
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`that's probably not me.
` Q Okay.
` MR. NAPLES: The -- well, it's 10:30 so
`unfortunately we have to take a short -- a short
`break because of this court hearing. So let's go
`off the record, and I'll talk to Mr. Quinlan a
`bit.
` THE VIDEOGRAPHER: Okay. We're going off
`the record. The time is 9:31.
` (WHEREUPON, a recess was had.)
` THE VIDEOGRAPHER: The time is 10:41.
`We're on the record at the start of Recording 4.
`BY MR. NAPLES:
` Q Dr. Figlar, when you spoke to the
`individuals after your retirement at Reynolds and
`you talked about earlier this -- kind of this
`strategic vision. I think you mentioned some Velo
`products; is that what you refer to them as?
` A Velo.
` Q Velo. Yeah, and what are those?
` A Velo products. Velo.
` Q And what are those?
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