Case 1:20-cv-00393-LO-TCB Document 1333-1 Filed 06/11/22 Page 1 of 4 PageID# 33639
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`Exhibit A
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`Case 1:20-cv-00393-LO-TCB Document 1333-1 Filed 06/11/22 Page 2 of 4 PageID# 33640
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`Case Clip(s) Detailed Report
`Wednesday, June 08, 2022, 7:31:01 PM
`
`PMI v. RJR EDVa Trial
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`Figlar, James (Vol. 01) - 06/24/2021
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`Figlar,J_062421_ALL_TRIMMED
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`1 CLIP (RUNNING 00:04:55.711)
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`15 SEGMENTS (RUNNING 00:04:55.711)
`JF-ALL2-FINAL
`1. PAGE 6:20 TO 6:21 (RUNNING 00:00:00.810)
`20
`Q.
`Can you please just state your
`21 full name and address for the record.
`2. PAGE 6:22 TO 6:22 (RUNNING 00:00:01.549)
`22
`A.
`James Neil Figlar. I'm currently
`3. PAGE 7:03 TO 7:05 (RUNNING 00:00:08.690)
`03
`Q.
`And who's your employer?
`04
`A. My employer was R.J. Reynolds. I
`05 retired just late last year at the end of 2020.
`4. PAGE 132:21 TO 133:01 (RUNNING 00:00:06.427)
`21
`Q.
`Does Reynolds keep track of Philip
`22 Morris and Altria patents?
` 00133:01
`A.
`Yes.
`5. PAGE 133:03 TO 133:10 (RUNNING 00:00:24.592)
`03
`A.
`And not to just -- yes, Altria, we
`04 look at the full patent landscape, depending on
`05 the category. So, S'mores in there, NJoy, all
`06 the big players, all the manufacturers, we keep
`07 a close eye on the patent literature, and it's
`08 very active. Reynolds has lots of patents as
`09 well. So, I mean, we're all active in patenting
`10 technology.
`6. PAGE 133:11 TO 133:13 (RUNNING 00:00:06.237)
`11
`Q.
`So Reynolds was aware of all the
`12 patents asserted in this case before the case
`13 was filed then, correct?
`7. PAGE 133:16 TO 134:02 (RUNNING 00:00:29.455)
`16
`A.
`I mean, in terms of the -- the
`17 specific ones, probably so. We've probably seen
`18 them. We've probably seen all of these patents,
`19 yeah.
`20
`Q.
`These specific patents you mean?
`21
`A.
`In all likelihood they were known
`22 to or had been seen by people at Reynolds.
` 00134:01
`Q.
`How many people at Reynolds review
`02 competitor patents?
`8. PAGE 134:05 TO 134:17 (RUNNING 00:00:42.576)
`05
`A.
`I don't know how many people are
`06 actively doing it on a daily basis, but you have
`07 part of Reynolds' legal team looks at that. I
`08 know we have at least two lawyers that are
`09 in-house lawyers for Reynolds that are in
`10 patents. And then plus we have outside counsel
`11 that provides information.
`12
`And then typically what happens,
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`Case 1:20-cv-00393-LO-TCB Document 1333-1 Filed 06/11/22 Page 3 of 4 PageID# 33641
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`Case Clip(s) Detailed Report
`Wednesday, June 08, 2022, 7:31:01 PM
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`PMI v. RJR EDVa Trial
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`13 and what used to happen at least on a monthly
`14 basis, is every time there's a new iteration of
`15 patent publications, the lawyers would compile
`16 it and send it out to the scientists and people
`17 like myself and others --
`9. PAGE 135:06 TO 135:15 (RUNNING 00:00:23.320)
`06
`A.
`There is a process and an email
`07 goes out and you have the opportunity to open up
`08 that file and look at all the patents that have
`09 issued in that month by all the competitors in
`10 the category. And that's all it is, just an
`11 information sharing exercise, is what I'm
`12 talking about.
`Understood. Who sends out that
`13
`Q.
`14 email?
`15
`A.
`In-house, in-house counsel.
`10. PAGE 137:06 TO 137:08 (RUNNING 00:00:09.512)
`06
`Q.
`Who received this email?
`07
`A.
`Most -- a lot of people in R&D
`08 working on technology.
`11. PAGE 137:14 TO 137:22 (RUNNING 00:00:27.488)
`14
`Q.
`And this is just something the
`15 legal team would just send out on their own
`16 every month?
`17
`A.
`I mean, it was simply just what
`18 published in the US Patent and World Patent
`19 literature on that basis, based on our product
`20 category. So it was literally the abstracts of
`21 the patents.
`Okay. And why would they send it?
`22
`Q.
`12. PAGE 138:07 TO 139:05 (RUNNING 00:01:00.775)
`07
`A.
`Again, this is not an evaluation.
`08 This is simply -- it was like broadcast news.
`09 Here's what came out of the patent offices, WTO
`10 and US Patent Office. Here are the abstracts,
`11 here's the categories. Our patents would be in
`12 there and everybody else in the industry is what
`13 I'm talking about.
`14
`So on a quarterly basis you would
`15 get this report. It was just a compilation of
`16 the abstracts of the patents, so that people had
`17 an awareness of what was happening in the
`18 business.
`19
`I mean, a lot of them, most of the
`20 patents actually is about how to make a better
`21 cigarette maker, how to make a new flywheel spin
`22 faster for cigarette makers and things like
` 00139:01 that, but it covered the whole category. So
`02 that's how you become aware of what's happening
`03 from a patent perspective.
`04
`Q.
`And why do you think this email
`05 was circulated within Reynolds?
`13. PAGE 139:10 TO 139:16 (RUNNING 00:00:27.025)
`10
`A.
`Again, it is information as a
`11 technology development company you need to be
`12 aware of. Where are people, what are we getting
`13 cleared, what are people doing? It's a good
`14 place to get ideas on where the industry is
`15 going, where technology is going. It's
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`Case 1:20-cv-00393-LO-TCB Document 1333-1 Filed 06/11/22 Page 4 of 4 PageID# 33642
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`Case Clip(s) Detailed Report
`Wednesday, June 08, 2022, 7:31:01 PM
`
`PMI v. RJR EDVa Trial
`
`16 important to be up to date on patents.
`14. PAGE 213:14 TO 213:15 (RUNNING 00:00:07.071)
`14
`Q.
`How much money do you estimate
`15 Reynolds spent on the PMTA for the Alto?
`15. PAGE 214:02 TO 214:07 (RUNNING 00:00:20.184)
`02
`A. Okay. In terms of our overall
`03 budget over the course of the last five years,
`04 it has been in the hundreds of millions of
`05 dollars for all of Vuse products. So a portion
`06 of that, certainly tens of millions. Tens of
`07 millions for Alto, for sure.
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