`Case 1:20-cv-00393-LMB-WEF Document 1456 Filed 03/30/23 Page 1 of 2 PageID# 38651
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`PHILIP MORRIS PRODUCTSS.A.,
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`Plaintiff,
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`Vv.
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`R.J. REYNOLDS VAPOR COMPANY,
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`Defendant.
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`eleiiall
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`ORDER
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`1:20-cv-393 (LMB/WEF)
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`For the reasons stated in the accompanying Memorandum Opinion,Phillip Morris’
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`Motion for a PermanentInjunction or, Alternatively, an Ongoing Royalty [Dkt. No. 1405] is
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`DENIEDasto the request for a permanentinjunction and GRANTED IN PARTasto the request
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`for an ongoing royalty, and it is hereby
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`ORDEREDthatplaintiff Philip Morris Products S.A. be and is awarded an ongoing
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`royalty of 1.8% ofnet sales of infringing VUSEAlto cartridges for the remaining life of United
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`States Patent No. 9,814,265, and an ongoing royalty of 2.2% ofnetsales of infringing VUSE
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`Solo G2 cartridges for the remaining life of United States Patent No. 10,104,911, all royalties to
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`be paid by defendant R.J. Reynolds Vapor Company quarterly and accompanied by an
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`accounting ofinfringing sales.
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`Althoughthe parties’ experts agree that the second hypothetical negotiation occurs on the
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`date of the jury’s verdict, which was June 15, 2022,the parties have stipulated to extending the
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`jury’s damages award through andincluding June 15, 2022. See [Dkt. Nos. 1413, 1414, 1415].
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`Accordingly, it is further
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`ORDEREDthat the ongoing royalty will begin to run as of June 16, 2022.
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`Case 1:20-cv-00393-LMB-WEF Document 1456 Filed 03/30/23 Page 2 of 2 PagelD# 38652
`Case 1:20-cv-00393-LMB-WEF Document 1456 Filed 03/30/23 Page 2 of 2 PageID# 38652
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`In addition, because the Memorandum Opinioncites from sealed material and the parties
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`havenotyetfiled revised motions to seal pursuant to the Court’s March 22, 2023 Order [Dkt.
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`No. 1454], the opinion has been temporarily issued under seal pending resolution of the sealing
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`issues. Accordingly,it is further
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`ORDEREDthat the parties jointly review the Memorandum Opinion and propose
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`redactions, consistent with their revised motions to seal, within seven (7) days of the date ofthis
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`Order.
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`This Order constitutes the Final Judgmentin this civil action for appellate purposes.
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`The Clerk is directed to forward copies of this Order and the accompanying
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`Memorandum Opinionto counselof record, enter judgment pursuant to Fed. R. Civ. P. 58 in
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`plaintiff Philip Morris Products S.A.’s favor, and close this civil action.
`Enteredthis 30day ofMarch, 2023.
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`Alexandria, Virginia
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`;
`‘sl
`Leonie M. Brinke:na
`United States District Judge
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`