Case 1:20-cv-00393-LMB-WEF Document 1462-13 Filed 04/05/23 Page 1 of 6 PageID# 39663
`
`Exhibit 13
`Public Redacted
`Version
`
`
`
`Exhibit 13
`Public Redacted
`Version
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1462-13 Filed 04/05/23 Page 2 of 6 PageID# 39664
`
`UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Page 1
`
`---000---
`
`INC . ,
`RAI STRATEGIC HOLDINGS,
`and R . J . REYNOLDS VAPOR COMPANY;
`
`Plaintiffs and Counterclaim Defendants,
`
`vs .
`
`No . 1 : 20cv00393-LO-TCB
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`8 MORRIS USA, INC . ; and PHILIP MORRIS
`PRODUCTS S.A . ,
`
`9
`
`Defendants and Counterclaim Plaintiffs .
`10 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ /
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`VIDEOTAPED REMOTE CONFERENCING DEPOSITION OF
`
`MOIRA GILCHRIST
`
`Stenographically reported by NICOLE HATLER
`
`California CSR No . 13730
`
`June 18, 2021
`
`JOB NO. 195611
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1462-13 Filed 04/05/23 Page 3 of 6 PageID# 39665
`
`1 I know the Tyson's mall -- Tyson's Corner Mall is
`
`Page 23
`
`2 one that is -- is opening or may have opened in
`
`3 June already.
`
`4 Q. And what are the current plans for
`
`5 expanding distribution of IQOS in the United
`
`6 States?
`
`7 A. So based on what Altria communicated in
`
`8 investor communications, I understand they will be
`
`9 adding Florida, I think Philadelphia, and I'm -- a
`
`10 couple of other places, if I recall correctly, in
`
`11 2021.
`
`12 Q. And is it PMP's understanding that one of
`
`13 the places that Altria is selling the IQOS is in
`
`14 company-owned PMP stores?
`
`15 A. I'm sorry --
`
`16 Q. Not -- this is -- this must be the 4:30 in
`
`17 the morning problem. I apologize. Bad question.
`
`18 Bad question.
`
`19 Is it PMP's understanding that Altria is
`
`20 selling IQOS in its own company-owned IQOS stores?
`
`21 A. So certainly, the stores are not owned by
`
`22 PMP. That's clear. I -- I -- when you say owned,
`
`23 I'm not sure how to answer that because I -- I
`
`24 don't know whether you mean are they rented stores
`
`25 or -- I --
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1462-13 Filed 04/05/23 Page 4 of 6 PageID# 39666
`
`1 product. So there are many things that consumers
`
`Page 77
`
`2 could -- could choose.
`
`3 Q. And one thing they could choose is to start
`
`4 smoking combustible cigarettes or continue smoking
`
`5 combustible cigarettes instead of using the Vuse
`
`6 products.
`
`7 That's at least a possibility, right,
`
`8 Dr. Gilchrist?
`
`9 A. Look, I think, you know, somebody who has
`
`10 made the decision -- and are you talking about a
`
`11 person who has switched completely to the Vuse
`
`12 product or somebody whose still using cigarettes?
`
`13 Q. Well, let's start with somebody who's
`
`14 switched completely to the Vuse products.
`
`15 A. Right.
`
`16 Q. It's possible they could go back to
`
`17 combustible cigarettes, correct?
`
`18 A. It's not the only possibility. It's --
`
`19 it's entirely possible that they would seek -- you
`
`20 know, somebody who has switched completely to an
`
`21 electronic cigarette, it's entirely plausible that
`
`22 they would reach for -- for an alternative like an
`
`23 e-cigarette or heated tobacco product, as well.
`
`24 But I'm not -- I'm not in a position to
`
`25 speculate about what each and every consumer will
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1462-13 Filed 04/05/23 Page 5 of 6 PageID# 39667
`
`1 and -- and -- and searched out IQOS going and
`
`Page 103
`
`2 reaching for Vuse.
`
`3 That would be one example. I don't know if
`
`4 that's what -- if that answers your question or
`
`5 helps to answer it in some way.
`
`6 Q. It does. It does and it doesn't address
`
`7 the question.
`
`8 Does PMP have any evidence specifically
`
`9 that that happened, like specific customers that
`
`10 would have bought IQOS but instead bought Vuse?
`
`11 A. So I'm -- I'm not aware of -- of that type
`
`12 of evidence being available. Perhaps the best
`
`13 person to answer that would be -- would be Martin
`
`14 King because he's on the ground in the United
`
`15 States, and I'm not sure if -- if studies have been
`
`16 done on that in -- in collaboration with Altria,
`
`17 but certainly, personally, I'm not -- not familiar
`
`18 with that.
`
`19 Q. And the same is true with respect to other
`
`20 e-cigarette products, isn't it?
`
`21 A. And what -- what -- how do you mean the
`
`22 same is true?
`
`23 Q. Well, what I understood your testimony to
`
`24 be is that Vuse is widely available in the United
`
`25 States and Vuse is advertised in the United States,
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1462-13 Filed 04/05/23 Page 6 of 6 PageID# 39668
`
`1
`
`2
`
`3
`
`4
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`and Georgia, the device is also available on
`
`digital platforms. So consumers can -- can
`
`purchase it from online store .
`
`Page 111
`
`Q. Do you know whether the website will sell
`
`IQOS devices to customers who aren't in the
`
`geographies where there are stores?
`
`In other words, if I'm in Denver, Colorado,
`
`can I buy an IQOS device on the website? Do you
`
`know?
`
`A. That would be a question for Martin King -(cid:173)
`
`Q. Okay.
`
`A.
`
`-- who would for sure know the answer to
`
`that .
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
