Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 1 of 6 PageID# 35790
`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 1 of 6 PagelD# 35790
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`Exhibit B
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`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 2 of 6 PageID# 35791
`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 2 of 6 PagelD# 35791
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`Exhibit 48
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`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 3 of 6 PageID# 35792
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
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` IN THE UNITED STATES DISTRICT COURT
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` A P P E A R A N C E S
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`ON BEHAL O RAI STRATEGIC HOLDINGS, INC. and
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`R.J. REYNOLDS VAPOR COMPANY:
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` MR. MICHAEL S. QUINLAN
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` JONES DAY
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` 90 Lakeside Avenue
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` Cleveland, Ohio 44
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`4
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`90
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` 2 6.586.3939
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` msquinlan@jonesday.com
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` OR THE EASTERN DISTRICT O VIRGINIA
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` Alexandria Division
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`RAI STRATEGIC HOLDINGS, :
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`INC. and R.J. REYNOLDS :
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`VAPOR COMPANY, :
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` Plaintiffs/ :
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` Counterclaim Defendants, : Case No.
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` v. : :20 cv 00393 LO TCB
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`0
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`ALTRIA CLIENT SERVICES LLC; :
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`ON BEHAL O ALTRIA CLIENT SERVICES LLC; PHILIP
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`MORRIS USA INC.; and PHILIP MORRIS PRODUCTS S.A.:
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` MR. CLEMENT NAPLES
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` LATHAM & WATKINS, LLP
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` 27 Avenue of the Americas
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` New York, New York 0020
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` 2 2.906. 200
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` clement.naples@lw.com
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`PHILIP MORRIS USA INC.; and :
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`PHILIP MORRIS PRODUCTS S.A., :
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` Defendants/ :
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` Counterclaim Plaintiffs. :
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` VIDEOTAPED DEPOSITION of JAMES IGLAR, Ph.D.
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` riday, June 3, 2022
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` 6:54 a.m. CST
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` Job No.: 450979
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` Pages: 75
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` Reported By: Michelle M. Yohler, CSR, RMR, CRR
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` Remote videotaped 30(b)(6) deposition of RAI
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` A P P E A R A N C E S C O N T I N U E D
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`ALSO PRESENT:
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` Mr. Michael Pietanza, Technician
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` RJ Buckler, Videographer
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`STRATEGIC HOLDINGS, INC., and R.J. REYNOLDS VAPOR
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`COMPANY by JAMES IGLAR, Ph.D., held remotely
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`pursuant to notice before Michelle M. Yohler, CSR,
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`RMR, CRR, a certified shorthand reporter,
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`CSR No. 84 453 .
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 4 of 6 PageID# 35793
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`65
` MR. QUINLAN: Object to form. Beyond the
`scope.
`BY THE WITNESS:
` A Again, you're asking me to -- you're
`asking me to forecast stock prices. If I could do
`that, you know, I probably would have retired from
`Reynolds a long time ago.
` But, you know, honestly, I don't know. I
`think stock prices for large companies are
`dependent on a multitude of factors. Could it?
`It might. I don't know.
`BY MR. NAPLES:
` Q Would you consider the Vuse products in
`this case successful products?
` MR. QUINLAN: Object to form. Beyond the
`scope.
` Dr. Figlar -- you haven't asked a question
`that's relevant to his conversations with the five
`individuals, which is why we offered him up for
`this deposition, in about an hour.
` So I'm going to start instructing
`Dr. Figlar not to answer questions unless it's
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`17 (65 to 68)
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`that? Did you hear that, Mike?
` MR. QUINLAN: Are you --
` MR. NAPLES: Did you hear the judge say
`that I get to take Dr. Figlar s deposition in
`limited time to limited topics? Because I didn t
`hear that.
` So if you want to instruct him not to
`answer, you go right ahead. And I hope you re in
`Virginia because when we go over to the court at
`11:00, we re going to take a break, and I m going
`to tell him what you re doing. In fact, I m going
`to play for the judge these nonsense objections.
` So you do whatever you want, Mike, and
`then we ll see what the judge says at 11:00 this
`morning, okay? You got me? That s what s going
`to happen, Mike. So cut it out.
` I m also going to count how much time
`you re wasting of Dr. Figlar right now, all right?
`Because your long, ridiculous objections are
`tiresome.
` And I already saw you get hammered in
`front of Judge O Grady once, and I d be happy to
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`take you across the street and watch Judge
`relevant in some way to his conversations, which
`Brinkema do it, all right? So cut it out, Mike.
`is why we offered him up for this deposition.
`I m sick of it.
` Dr. Figlar has to leave tomorrow for his
` MR. QUINLAN: Mr. Naples --
`flight to get here for trial. I m not going to
` MR. NAPLES: Please read back my question.
`keep him there until 9:00, 10:00 at night so you
` MR. QUINLAN: Mr. Naples, you re getting
`can ask him a bunch of questions you could have
`very upset, and I just want to note for the
`asked him at his two other depositions.
`record --
` This is a limited deposition that we
` MR. NAPLES: You re wasting my time.
`offered. The judge said you could take a limited
`You re wasting Dr. Figlar s time. I don t want to
`deposition on the topics of what did he talk to
`0
`be here all day either, all right? So let s just
`these five people who he talked to after his
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`cut the crap and get to the deposition and be done
`deposition from Reynolds.
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`with this.
` So from now on, every question that you
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` MR. QUINLAN: That s what I m trying to
`ask that s not even tangentially related to that,
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`do. That s why I m trying to get you --
`I m going to instruct Dr. Figlar not to answer.
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` MR. NAPLES: Can you --
` MR. NAPLES: Were you at the hearing,
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` MR. QUINLAN: -- ask questions that --
`Mike?
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` MR. NAPLES: -- talking --
` MR. QUINLAN: I was.
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` MR. QUINLAN: -- relevant.
` MR. NAPLES: You were. Were you -- so you
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` MR. NAPLES: If you re going to do this,
`were there when the judge said the kind of stuff
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`we re going to go off the record because I m not
`that Reynolds pulled is the kind of thing that
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`going to waste my time with you doing this, so cut
`gets people disbarred, right? Were you there for
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 5 of 6 PageID# 35794
`Confidential
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`69
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`18 (69 to 72)
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`7
`innovations that have come along to substitute for
`cigarettes.
` Kind of full stop. Better than
`heat-not-burn, better than Eclipse, better than
`IQOS, anything that's come before it. These
`products to me offered, you know, a good
`opportunity for people to do and use tobacco-type
`products and nicotine products in a different,
`potentially less risky way. So I think that's why
`they're successful.
`BY MR. NAPLES:
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`it out.
` Please read back the questions, Ms. Court
`Reporter.
` (WHEREUPON, the record was
`read by the reporter.)
` MR. QUINLAN: Object to form.
`BY MR. NAPLES:
` Q You can answer, Doctor.
` A Yes.
` Q Why?
` MR. QUINLAN: Object to form.
`BY THE WITNESS:
` A People buy them and use them and enjoy
`them.
`BY MR. NAPLES:
` Q Why are they successful for Reynolds?
` MR. QUINLAN: Object to form. I instruct
`Dr. Figlar, don't answer the question. It's
`beyond the scope. We're not going to do this.
`You're not going to be here all night.
` So, Dr. Figlar, I instruct you not to
`answer.
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`BY MR. NAPLES:
` Q You can answer the question, Dr. Figlar.
` A I've been instructed not to. I usually
`follow the counsel's --
` Q You're the -- you're the client here, so
`you get to do whatever you want. You don't have
`to take his advice.
` A Understood. I won't answer this one.
` Q You're not going to answer if the Vuse
`products are successful?
`0
` MR. QUINLAN: He's not going to answer the
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`question because I told him not to because we're
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`so far afield of why we offered this deposition.
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`BY MR. NAPLES:
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` Q How about, let me do it this way:
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`Dr. Figlar, when you retired at the end of
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`December 2020, why, in your view, were the Vuse
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`products successful?
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` A Because they were an alternative to
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`combustible cigarettes that are likely less
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`hazardous than smoking cigarettes. And they were
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`the -- in my opinion, probably one of the best
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`Case 1:20-cv-00393-LMB-TCB Document 1417-2 Filed 08/19/22 Page 6 of 6 PageID# 35795
`Transcript of James Figlar, Ph.D.
`Conducted on June 3, 2022
`73
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` Q And you also learned that the Vuse
`products in this case continue to be profitable
`today, correct?
` A That is my understanding, yes.
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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