Case 1:20-cv-00393-LMB-TCB Document 1394-3 Filed 07/19/22 Page 1 of 5 PageID# 34768
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`Case 1:20-cv-00393-LMB-TCB Document 1394-3 Filed 07/19/22 Page 2 of 5 PageID# 34769
`942
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Civil Action
`No. 1:20-cv-00393-LMB/TCB
`June 14, 2022
`9:21 a.m.
`
`)))))))))))))
`
`PHILIP MORRIS PRODCUTS S.A.,
`Counterclaim Plaintiff,
`v.
`R.J. REYNOLDS VAPOR COMPANY,
`
`Counterclaim Defendant.
`
` VOLUME 5 - MORNING and AFTERNOON SESSION
`TRANSCRIPT OF JURY TRIAL PROCEEDINGS
`BEFORE THE HONORABLE LEONIE M. BRINKEMA,
`UNITED STATES DISTRICT COURT JUDGE
`
`APPEARANCES:
`For the Plaintiffs:
`
`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
`Clement Joseph Naples, Esq.
`Latham & Watkins, LLP
`885 Third Avenue 25th Floor
`New York, NY 10022
`212-906-1200
`Email: Dement.naples@lw.com
`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
`
`Scott L. Wallace, RDR, CRR, Official Court Reporter
`
`
`
`Case 1:20-cv-00393-LMB-TCB Document 1394-3 Filed 07/19/22 Page 3 of 5 PageID# 34770
`1030
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`them.
`There can be several claims in a patent. Each claim may
`be narrower or broader than another claim by including more or
`fewer elements. The coverage of a patent is assessed claim by
`claim. You must use the same claim meaning for both your
`decisions on infringement and your decisions on invalidity.
`You should give the words and the claims their plain and
`ordinary meaning to a person of ordinary skill in the art in the
`context of the patent specifications and prosecution history.
`MR. GRANT: Your Honor, I believe you misread the last
`sentence of the first paragraph.
`THE COURT: Of 17?
`MR. GRANT: Yes, ma'am.
`THE COURT: If, and only if, a device satisfies all the
`elements of a particular claim, then that device infringes that
`claim. I'm sorry.
`MR. MAIORANA: On that same point, Your Honor, I think you
`misspoke. You said that if a claim has four elements and it only
`meets one of them, then that's enough. That's what I see in the
`realtime, Your Honor.
`THE COURT: The claims are intended to define the
`boundaries of the inventor's rights. This is done by using words
`which set forth a set of requirements called elements. Each
`claim sets forth its elements in a single sentence which can be
`very long. As you saw during the trial, a claim often has many
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LMB-TCB Document 1394-3 Filed 07/19/22 Page 4 of 5 PageID# 34771
`1031
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`elements. If, and only if a device satisfies all the elements of
`a particular claim, then the device infringes that claim.
`That's the proper reading of that. Sorry, folks. But
`you'll have these written instructions, so that's what you're
`going to go by.
`There can be several claims in a patent. Each claim may
`be narrower or broader than another claim by including more or
`fewer elements. The coverage of a patent is assessed claim by
`claim. You must use the same claimed meaning for both your
`decision on infringement and your decision on invalidity.
`You should give the words in the claims their plain and
`ordinary meaning to a person of ordinary skill in the art in the
`context of the patent specification and prosecution history.
`Now, patent law gives the owner of a valid patent the
`right to exclude others from importing, making, using, offering
`to sell, or selling the patented invention within the United
`States during the term of the patent.
`If the patent is valid, then any person or business entity
`that is engaged in any of those acts without the patent owner's
`permission infringes the patent.
`To determine whether there has been an act of direct
`infringement, you must compare the accused product with each
`asserted claim. Direct infringement of an asserted claim occurs
`when the patent holder proves by a preponderance of the evidence
`that an accused product includes all the elements of that claim.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
`
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`Case 1:20-cv-00393-LMB-TCB Document 1394-3 Filed 07/19/22 Page 5 of 5 PageID# 34772
`1073
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`work today, and we'll see you tomorrow at 9:30. You don't need
`to come into court for a formal -- anything formal. Just once
`the six of you are together, you can start your deliberations,
`all right? All right. You're all free to go, and we'll recess
`court for the evening.
`(Proceedings adjourned at 6:02 p.m.)
`
` C E R T I F I C A T E
`
` I, Scott L. Wallace, RDR-CRR, certify that
`the foregoing is a correct transcript from the record of
`proceedings in the above-entitled matter.
`
`6/14/22
` /s/ Scott L. Wallace
` ---------------------------- ----------------
` 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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