Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 1 of 7 PageID# 34905
`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 1 of 7 PagelD# 34905
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`EXHIBIT 9
`EXHIBIT 9
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`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 1 of 7 PagelD# 34905
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`EXHIBIT 9
`EXHIBIT 9
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`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 2 of 7 PageID# 34906
`1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Civil Action
`No. 1:20-cv-00393-LO-TCB
`June 8, 2022
`8:51 a.m.
`
`)))))))))))))
`
`ALTRIA CLIENT SERVICES,
`LLC,
`et al.,
`Plaintiffs,
`v.
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
`Defendants.
`
` DAY - 1 MORNING 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
`
`
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`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 3 of 7 PageID# 34907
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`APPEARANCES: (Cont.)
`For the Plaintiffs:
`
`For the Defendants:
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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
`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
`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
`Elizabeth Stotland Weiswasser, Esq.
`Weil Gotshal & Manges, LLP (NY-NA)
`767 5th Avenue
`New York, NY 10153
`212-310-8000
`Email: Elizabeth.weiswasser@weil.com
`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
`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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`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 4 of 7 PageID# 34908
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`APPEARANCES: (Cont.)
`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
`Jason Todd Burnette, Esq.
`Jones Day (GA)
`1420 Peachtree Street, NE
`Suite 800
`Atlanta, GA 30309
`404-521-3939
`Email: Jburnette@jonesday.com
`David Michael Maiorana, Esq.
`Jones Day (OH)
`901 Lakeside Ave
`Cleveland, OH 44114
`216-586-3939
`Fax: 216-579-0212
`Email: Dmaiorana@jonesday.com
`
`Court Reporter:
`
`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
`Proceedings reported by machine shorthand, transcript produced
`by computer-aided transcription.
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
`
`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 5 of 7 PageID# 34909
`43
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`MR. BURNETTE: That's why they are not publicly traded.
`THE COURT: Okay.
`But is -- but British American -- I'm sorry. British
`Tobacco is traded on European markets?
`MR. BURNETTE: Yes, Your Honor.
`THE COURT: Okay. All right. I want to just make sure,
`the defendant is not raising any design-around arguments as to
`these two patents, correct?
`MR. BURNETTE: I believe that's correct, Your Honor. We
`have an agreement with plaintiffs' counsel on that, and I believe
`that has resulted in some of the deposition designations being
`removed.
`THE COURT: Okay. That's good. And while you're there,
`there is a request for injunctive relief; is that correct? Or is
`that no longer in the case?
`MR. GRANT: That's correct.
`THE COURT: All right. And that comes to the Court, not
`to the jury, correct?
`MR. BURNETTE: That's right. And we have a stipulation, I
`believe, Your Honor, that nobody's going to mention the
`possibility of an injunction to the jury because, Your Honor's
`correct, that is an issue solely for the Court.
`THE COURT: All right. Now, are there any witnesses --
`because in some of your discussions there were statements made
`that this issue might only be related to injunctive relief.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 6 of 7 PageID# 34910
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`MR. GRANT: I'll find out, Your Honor. We'll do it
`whatever way the Court wants, but reading an undisputed -- we're
`not trying to read a lot of things. We're trying to say there
`are two patents. Reynolds admits that it knew about this patent
`no later than this date. Reynolds admits it knew about this
`patent no later than this date. I think that should be an
`uncontroversial stipulation. And with regard to the no
`commercial design-arounds, that's already a stipulation, so I
`think all I would propose is either me or the Court to say the
`parties agree to these facts, and it's in the record during our
`case-in-chief.
`THE COURT: Well, the normal practice would be for counsel
`to have signed off on a list of stipulations. I frequently read
`them to the jury with the caveat, as I said, that this is what
`they've agreed to.
`MR. GRANT: Of course.
`THE COURT: That's different from the Court taking
`judicial notice or a court order.
`MR. GRANT: Well, we'll try to work it out at lunch time.
`THE COURT: All right.
`MR. MAIORANA: I apologize for continuing to stand up
`behind Mr. Grant. I don't mean any disrespect. I just want to
`make sure the Court is aware, I was hoping to say one thing about
`the injunction issue. Judge O'Grady entered a stay of injunction
`discovery during the litigation, so to the extent there's going
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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`Case 1:20-cv-00393-LMB-TCB Document 1398-9 Filed 07/20/22 Page 7 of 7 PageID# 34911
`48
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`to be briefing on the injunction after the jury verdict, there
`may be some discovery that the parties need to complete. So I
`just want to make sure the record is clear on that, Your Honor.
`THE COURT: All right. Well, since the case is fully
`being reassigned to me, that may change, all right. We'll have
`to see. But let's see what the jury does with the case in the
`first place.
`MR. MAIORANA: Understood, Your Honor.
`MR. GRANT: And what Judge O'Grady said was he didn't
`think any discovery would be necessary.
`THE COURT: Well, most likely will be the case. I would
`be surprised if more is needed.
`We have a few minutes to get the jury up here, and
`hopefully in that time you can correct the witness list so that
`that is accurately given to the jury.
`So, as I said, everyone who's in the courtroom, if you
`can't all fit, then some of you may have to be outside. But any
`attorney -- and this would include your technical people --
`anyone who is going to be actually doing something within the
`well of the court that the jury might see, they need to be
`introduced to the jury by their name and standing up so that the
`jury can see them so that we don't have any problem, as I say,
`with next-door neighbors or some good friend being a participant
`in the trial.
`Anything further before we recess?
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
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