Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 1 of 7 PageID# 35797
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`PHILIP MORRIS PRODUCTS S.A.,
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`Plaintiff,
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`v.
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`R.J. REYNOLDS VAPOR COMPANY,
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`Defendant.
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`Case No. 1:20-cv-00393-LMB-WEF
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`DEFENDANT’S MOTION TO SEAL
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`Pursuant to Local Civil Rule 5(C), Defendant R.J. Reynolds Vapor Company (“RJRV”)
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`hereby moves the Court for leave to file under seal (“Motion”) the following documents:
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`• An unredacted version of RJRV’s Memorandum in Opposition to Plaintiff’s
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`Motion for a Permanent Injunction or, Alternatively, an Ongoing Royalty
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`(“Opposition Brief”).
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`• An unredacted version of Exhibit 1 to RJRV’s Opposition Brief, which is the
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`confidential declaration of Christy Canary-Garner, dated August 31, 2022.
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`• An unredacted version of Exhibit 2 to RJRV’s Opposition Brief, which is the
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`confidential declaration of Dr. Jeffrey C. Suhling, dated September 1, 2022.
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`• An unredacted version of Exhibit 3 to RJRV’s Opposition Brief, which is the
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`confidential declaration of Ryan Sullivan, Ph.D and attachments thereto, dated
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`September 1, 2022.
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`PHILIP MORRIS PRODUCTS S.A.,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`R.J. REYNOLDS VAPOR COMPANY,
`
`Defendant.
`
`Case No. 1:20-cv-00393-LMB-WEF
`
`
`
`
`DEFENDANT’S MOTION TO SEAL
`
`Pursuant to Local Civil Rule 5(C), Defendant R.J. Reynolds Vapor Company (“RJRV”)
`
`hereby moves the Court for leave to file under seal (“Motion”) the following documents:
`
`• An unredacted version of RJRV’s Memorandum in Opposition to Plaintiff’s
`
`Motion for a Permanent Injunction or, Alternatively, an Ongoing Royalty
`
`(“Opposition Brief”).
`
`• An unredacted version of Exhibit 1 to RJRV’s Opposition Brief, which is the
`
`confidential declaration of Christy Canary-Garner, dated August 31, 2022.
`
`• An unredacted version of Exhibit 2 to RJRV’s Opposition Brief, which is the
`
`confidential declaration of Dr. Jeffrey C. Suhling, dated September 1, 2022.
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`• An unredacted version of Exhibit 3 to RJRV’s Opposition Brief, which is the
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`confidential declaration of Ryan Sullivan, Ph.D and attachments thereto, dated
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`September 1, 2022.
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`1
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`Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 2 of 7 PageID# 35798
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`• Exhibit 4 to RJRV’s Opposition Brief, which includes excerpts from the
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`confidential version of the ITC Commission Opinion, issued on September 29,
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`2021 in Certain Tobacco Heating Articles, Inv. No. 337-TA-1199 (U.S.I.T.C.) (the
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`“ITC Investigation” or “ITC”), that Plaintiff Philip Morris Products S.A. (“PMP”)
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`and/or Altria Client Services, LLC/Philip Morris USA Inc. (collectively,
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`“Altria/PM”) designated as containing confidential business information subject to
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`the Protective Order.
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`• Exhibit 9 to RJRV’s Opposition Brief, which includes excerpts from PMP’s 3rd
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`Supplemental Responses to RJRV's 2nd Set of E.D. Va. Interrogatories (No. 14),
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`dated April 6, 2021, that PMP designated as confidential business information
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`subject to the Protective Order.
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`• Exhibit 10 to RJRV’s Opposition Brief, which includes excerpts from the
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`deposition transcript of Martin King, dated June 25, 2021, that PMP designated as
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`confidential business information subject to the Protective Order.
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`• Exhibit 11 to RJRV’s Opposition Brief, which includes excerpts from ITC Hearing
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`Exhibit RX-0188, a distribution agreement that Altria/PM produced and designated
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`as confidential business information subject to the Protective Order.
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`• Exhibit 12 to RJRV’s Opposition Brief, which includes excerpts from ITC Hearing
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`Exhibit RX-0544, a relationship agreement that PMP produced and designated as
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`confidential business information subject to the Protective Order.
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`• Exhibit 13 to RJRV’s Opposition Brief, which includes excerpts from the
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`deposition transcript of Dr. Moira Gilchrist, dated June 18, 2021, that PMP
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`designated as confidential business information subject to the Protective Order.
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`2
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`Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 3 of 7 PageID# 35799
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`• Exhibit 14 to RJRV’s Opposition Brief, which includes excerpts from Altria/PM’s
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`8th Supplemental Responses to RJRV's ITC Interrogatories (Nos. 1-19), dated
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`September 25, 2020, that Altria/PM designated as confidential business
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`information subject to the Protective Order.
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`• Exhibit 18 to RJRV’s Opposition Brief, which includes excerpts from Dr. Stacey
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`M. Benson’s ITC Expert Rebuttal Report, dated October 23, 2020, that PMP and/or
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`Altria/PM designated as confidential business information subject to the Protective
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`Order.
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`• Exhibit 19 to RJRV’s Opposition Brief, which includes excerpts from Dr. Jonathan
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`Arnold’s ITC Expert Rebuttal Report, dated October 23, 2020, that PMP and/or
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`Altria/PM designated as confidential business information subject to the Protective
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`Order.
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`• Exhibit 20 to RJRV’s Opposition Brief, which includes excerpts from Stacy
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`Ehrlich’s ITC Expert Rebuttal Report, dated Oct. 23, 2020, that PMP and/or
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`Altria/PM designated as confidential business information subject to the Protective
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`Order.
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`• Exhibit 21 to RJRV’s Opposition Brief, which includes excerpts from Brad Rodu’s
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`ITC Expert Report, dated Oct. 5, 2020, that PMP and/or Altria/PM designated as
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`confidential business information subject to the Protective Order.
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`• Exhibit 23 to RJRV’s Opposition Brief, which includes excerpts from PMP’s 3rd
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`Supplemental Responses to RJRV's 2nd Set of E.D. Va. Interrogatories (No. 14),
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`dated April 6, 2021, that PMP designated as confidential business information
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`subject to the Protective Order.
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`3
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`Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 4 of 7 PageID# 35800
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`• Exhibit 25 to RJRV’s Opposition Brief, which includes excerpts from the
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`deposition transcript of Edward Kiernan, dated April 16, 2021, that PMP designated
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`as confidential business information subject to the Protective Order.
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`• Exhibit 26 to RJRV’s Opposition Brief, which includes excerpts from the June 8-
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`15, 2022 trial transcript in the above-captioned action, which has not yet been
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`publicly released.
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`• Exhibit 28 to RJRV’s Opposition Brief, which includes excerpts from ITC Hearing
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`Exhibit CX-0183C, a presentation that Altria/PM produced and designated as
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`confidential business information subject to the Protective Order.
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`• Exhibit 29 to RJRV’s Opposition Brief, which includes excerpts from ITC Hearing
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`Exhibit CX-0190C, a presentation that Altria/PM produced and designated as
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`confidential business information subject to the Protective Order.
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`• Exhibit 30 to RJRV’s Opposition Brief, which includes excerpts from ITC Hearing
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`Exhibit CX-0614C, a regulatory document that PMP produced and designated as
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`confidential business information subject to the Protective Order.
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`• Exhibit 31 to RJRV’s Opposition Brief, which includes excerpts from the
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`confidential version of RJRV’s March 31, 2021 Opening Post-Hearing Brief filed
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`in the ITC Investigation, that PMP and/or Altria/PM designated as containing
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`confidential business information subject to the Protective Order.
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`• Exhibit 39 to RJRV’s Opposition Brief, which is a PMP intellectual property
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`assignment agreement, that PMP produced and designated as confidential business
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`information subject to the Protective Order.
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`4
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`Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 5 of 7 PageID# 35801
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`• Exhibit 42 to RJRV’s Opposition Brief, which includes excerpts from PMP’s 8th
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`Supplemental Responses to RJRV's 1st Set of ITC Interrogatories (Nos. 1-19),
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`dated September 25, 2020, that PMP designated as confidential business
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`information subject to the Protective Order.
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`• Exhibit 44 to RJRV’s Opposition Brief, which is Trial Exhibit PX-125, a RJRV
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`settlement and license agreement, that RJRV produced and designated as
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`confidential business information subject to the Protective Order.
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`In support of this Motion, RJRV submits contemporaneously herewith a non-confidential
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`Memorandum in Support of Motion to File Documents Under Seal, along with a proposed Order.
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`5
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`Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 6 of 7 PageID# 35802
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`Respectfully submitted,
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`
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` /s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
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`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
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`
`Alexis A. Smith
`JONES DAY
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, CA 90071
`Telephone: (213) 243-2653
`Facsimile: (213) 243-2539
`Email: asmith@jonesday.com
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`Charles B. Molster, III Va. Bar No. 23613
`THE LAW OFFICES OF
`CHARLES B. MOLSTER, III PLLC
`2141 Wisconsin Avenue, N.W. Suite M
`Washington, DC 20007
`Telephone: (703) 346-1505
`Email: cmolster@molsterlaw.com
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`Counsel for RAI Strategic Holdings, Inc. and
`R.J. Reynolds Vapor Company
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`Dated: September 2, 2022
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`Stephanie E. Parker
`JONES DAY
`1221 Peachtree Street, N.E.
`Suite 400
`Atlanta, GA 30361
`Telephone: (404) 521-3939
`Facsimile: (404) 581-8330
`Email: separker@jonesday.com
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`
`Anthony M. Insogna
`JONES DAY
`4655 Executive Drive
`Suite 1500
`San Diego, CA 92121
`Telephone: (858) 314-1200
`Facsimile: (844) 345-3178
`Email: aminsogna@jonesday.com
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`William E. Devitt
`JONES DAY
`110 North Wacker
`Suite 4800
`Chicago, IL 60606
`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
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`Case 1:20-cv-00393-LMB-WEF Document 1419 Filed 09/02/22 Page 7 of 7 PageID# 35803
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 2nd day of September, 2022, a true and correct copy of the
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`foregoing was served using the Court’s CM/ECF system, with electronic notification of such filing
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`to all counsel of record.
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`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
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`Counsel for Plaintiffs RAI Strategic Holdings,
`Inc. and R.J. Reynolds Vapor Company
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