Case 1:20-cv-00393-LMB-TCB Document 1367-5 Filed 06/28/22 Page 1 of 3 PageID# 33980
`Case 1:20-cv-00393-LMB-TCB Document 1367-5 Filed 06/28/22 Page 1 of 3 PagelD# 33980
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`EXHIBIT E
`EXHIBIT E
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`Case 1:20-cv-00393-LMB-TCB Document 1367-5 Filed 06/28/22 Page 2 of 3 PageID# 33981
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`1076
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
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`1074
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`APPEARANCES: (Cont.)
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`For the Defendants:
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`Michael Shamus Quinlan, Esq.
`Jones Day (OH-NA)
`901 Lakeside Avenue
`Cleveland, OH 44114-1190
`216-586-3939
`Fax: 216-579-0212
`Email: Msquinlan@jonesday.com
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`Jason Todd Burnette, Esq.
`Jones Day (GA)
`1420 Peachtree Street, NE
`Suite 800
`Atlanta, GA 30309
`404-521-3939
`Email: Jburnette@jonesday.com
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`David Michael Maiorana, Esq.
`Jones Day (OH)
`901 Lakeside Ave
`Cleveland, OH 44114
`216-586-3939
`Email: Dmaiorana@jonesday.com
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`William Edward Devitt, Esq.
`Jones Day (IL)
`77 West Wacker
`Suite 3500
`Chicago, IL 60601
`312-269-4240
`Email: Wdevitt@jonesday.com
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`Scott L. Wallace, RDR, RMR, CRR
`Official Court Reporter
`United States District Court
`401 Courthouse Square
`Alexandria, VA 2231-5798
`202-277-3739
`scottwallace.edva@gmail.com
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`Court Reporter:
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`Proceedings reported by machine shorthand, transcript produced
`by computer-aided transcription.
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`Scott L. Wallace, RDR, CRR
`Official Court Reporter
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`1077
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`11:24AM
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`MORNING SESSION, JUNE 15, 2022
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`(11:24 a.m.)
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`THE COURTROOM CLERK: Civil Action 20-393, Philip Morris
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`Products S.A. versus R.J. Reynolds Vapor Company.
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`Would counsel please note their appearances for the record
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`MR. GRANT: Good morning, Your Honor. Max Grant from
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`Civil Action
`No. 1:20-cv-00393-LMB/TCB
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`June 15, 2022
`11:24 a.m.
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`)))))))))))))
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`PHILIP MORRIS PRODCUTS S.A.,
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` Counterclaim Plaintiff,
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` v.
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`R.J. REYNOLDS VAPOR COMPANY,
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` Counterclaim Defendant.
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` VOLUME 6 - MORNING SESSION
` (Verdict)
`TRANSCRIPT OF JURY TRIAL PROCEEDINGS
`BEFORE THE HONORABLE LEONIE M. BRINKEMA,
`UNITED STATES DISTRICT COURT JUDGE
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`APPEARANCES:
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`For the Plaintiffs:
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`Maximilian Antony Grant, Esq.
`Latham & Watkins LLP (DC)
`555 11th Street, NW
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Max.grant@lw.com
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`Clement Joseph Naples, Esq.
`Latham & Watkins, LLP
`885 Third Avenue 25th Floor
`New York, NY 10022
`212-906-1200
`Email: Dement.naples@lw.com
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`Gregory K. Sobolski, Esq.
`Latham & Watkins, LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`202-637-2267
`Email: Max.grant@lw.com
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`Scott L. Wallace, RDR, CRR
`Official Court Reporter
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`1075
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`APPEARANCES: (Cont.)
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`For the Plaintiffs:
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`Thomas W. Yeh, Esq.
`Latham & Watkins LLP (CA)
`355 South Grand Avenue
`Suite 100
`Los Angeles, CA 90071-1560
`213-891-8050
`Email: Thomas.yeh@lw.com
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`Matthew John Moore, Esq.
`Latham & Watkins LLP (DC)
`555 11th Street, NW
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Matthew.moore@lw.com
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`Dale Chang, Esq.
`Latham & Watkins LLP (CA)
`355 South Grand Avenue
`Suite 100
`Los Angeles, CA 90071-1560
`213-891-8050
`Email: Dale.chang@lw.com
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`Lawrence Jay Gotts, Esq.
`Latham & Watkins LLP (DC)
`555 11th St NW
`Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Lawrence.gotts@lw.com
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`Philip Morris with Dr. Moira Gilchrist, Clem Naples, Greg
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`Sobolski, Fred Sandford, Larry Gotts and a crew of people here
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`for the plaintiff.
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`THE COURT: Good morning.
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`MS. PARKER: Good morning, Your Honor. Stephanie Parker
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`for Reynolds, David Maiorana, Jason Burnette and Bill Devitt.
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`11:25AM 13
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`Thank you.
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`THE COURT: All right. Now, the parties are all here? We
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`said we would hope up the verdict for a few minutes.
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`MR. GRANT: Correct. We appreciate the Court's courtesy.
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`THE COURT: All right. That's fine. We'll bring the jury
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`For the Defendants:
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`Charles Bennett Molster, III, Esq.
`The Law Offices of Charles B. Molster
`III, PLLC
`2141 Wisconsin Avenue NW, Suite M
`Washington, DC 20007
`703-346-1505
`Email: Cmolster@molsterlaw.com
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`11:25AM 18
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`in.
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`THE COURT SECURITY OFFICER: Yes, Judge.
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`(Jury in at 11:26 a.m.)
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`THE COURTROOM CLERK: Mr. Foreperson, has the jury reached
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`Stephanie Ethel Parker, Esq.
`Jones Day (GA)
`1420 Peachtree Street, NE
`Suite 800
`Atlanta, GA 30309
`404-521-3939
`Email: Sparker@jonesday.com
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
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`11:26AM 22
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`its verdict?
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`11:26AM 23
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`11:26AM 24
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`THE FOREPERSON: Yes.
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`THE COURTROOM CLERK: Could you hand it to the court
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`11:26AM 25
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`security officer.
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`1 of 3 sheets
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`Page 1074 to 1077 of 1085
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
`06/21/2022 08:58:52 AM
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`

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`Case 1:20-cv-00393-LMB-TCB Document 1367-5 Filed 06/28/22 Page 3 of 3 PageID# 33982
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`exceptional case, and there is no need to waste any time or money
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`on briefing attorneys' fees.
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`I also recognize, because this has been a hotly litigated
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`case, that there may be a request to file post-trial motions. I
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`will give the parties 14 days to file any post-trial motions, and
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`I'm limiting them to 15 pages.
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`This case, in my view, has been overly litigated. I've
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`never had so many motions in limine while a trial was in
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`progress, most of which I thought were really meritless. They
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`were preemptive strikes that were not necessary.
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`I did enjoy the trial, and I did think that overall it was
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`a well-tried case. It was overtried, but I know patent cases
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`tend to be that way because there's so much money involved. Way
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`too many lawyers involved for my taste, but that's what the jury
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`has done. And I will look at your motions, but I feel that this
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`was a very good jury, and their verdict was an interesting
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`verdict and one that shows that they thought carefully about the
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`case, so it's highly unlikely I'm going to take it away. All
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`right. Then we'll recess court for the day.
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`(Proceedings adjourned at 11:38 a.m.)
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`are available to the prevailing party but only in exceptional
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`circumstances. I'm -- have a seat. I'm saving both parties
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`several hundred thousand dollars probably and the lawyers a lot
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`of time, but I am not going to entertain any post-trial motion
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`for attorneys' fees in this case.
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`First of all, it is a mixed victory for the plaintiff, but
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`there's -- because the -- you didn't get nearly as many damages
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`1085
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` C E R T I F I C A T E
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` I, Scott L. Wallace, RDR-CRR, certify that
`the foregoing is a correct transcript from the record of
`proceedings in the above-entitled matter.
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`
` /s/ Scott L. Wallace 6/15/22
` ---------------------------- ----------------
` Scott L. Wallace, RDR, CRR Date
` Official Court Reporter
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`1083
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`as was expected, but this is not an exceptional case in my view
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`at all.
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`The Court has to look at multiple factors in determining
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`whether a case is exceptional. This is a case in which the
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`litigation positions of both parties had merit. Obviously some
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`claims were successful and some claims were unsuccessful. The
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`conduct of the attorneys on both sides had issues, although the
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`trial itself was well-conducted.
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`I was very concerned in just the brief time that I was on
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`this case in that very unpleasant exchange in the Figlar
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`deposition. I read the transcript portions in which one attorney
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`used the term "cut the crap," which is not an appropriate way for
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`lawyers to speak in any kind of process, and where the opposing
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`counsel had to invoke what should not be done in the 4th Circuit,
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`had to violate Ralston Purina and told the witness to stop
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`answering questions. That kind of litigation conduct is
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`absolutely unacceptable on both sides.
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`During the course of this trial, reference was made to the
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`Chinese origin of some of the Reynolds products. Judge O'Grady
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`had indicated previously that that was not to come into the case.
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`I thought that that was unfair and inappropriate.
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`And there was a contact this morning, an ex parte contact
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`with chambers staff, addressing the issue of attorneys' fees,
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`which also was inappropriate.
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`So in this case I am finding that this is not an
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`3 of 3 sheets
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
`Page 1082 to 1085 of 1085
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`06/21/2022 08:58:52 AM
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`parties for your work.
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`You know, being a juror is a very important civic
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`function. I mean, it's like voting. You know, it's one of the
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`things that makes our democracy work, and it's because of folks
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`like yourselves who are willing to take time out of your very
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`busy personal schedules to sit in a courtroom and listen to the
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`evidence and then render decisions. We couldn't do it without
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`you. So I want to thank you, but your term is now finished.
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`If you will just check out with the Clerk's Office before
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`you leave so that your parking and other things can be taken care
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`of. I hope you enjoy the afternoon, but you're free to go.
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`We're going to stay in session for a few minutes.
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`(Jury dismissed at 11:34 a.m.)
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`THE COURT: All right. So I'll enter a judgment
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`consistent with the jury's verdict, and I want to head off some
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`potential post-trial issues right now.
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`As you all know, the Federal Circuit and the Supreme Court
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`and the statute, 35 U.S.C. 285, do provide that attorneys' fees
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