Case 1:20-cv-00393-LMB-WEF Document 1468-11 Filed 04/05/23 Page 1 of 5 PageID# 40830
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`Exhibit 20
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`Case 1:20-cv-00393-LMB-WEF Document 1468-11 Filed 04/05/23 Page 2 of 5 PageID# 40831
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim Defendants,
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
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`Defendants and Counterclaim Plaintiffs.
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`Case No. 1:20cv00393-LO-TCB
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`RAI STRATEGIC HOLDINGS, INC. AND R.J. REYNOLDS VAPOR COMPANY’S
`OBJECTIONS AND RESPONSES TO ALTRIA CLIENT SERVICES LLC, PHILIP
`MORRIS USA, INC., AND PHILIP MORRIS PRODUCTS S.A.’S FIRST SET OF
`INTERROGATORIES (NOS. 1-11)
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`Pursuant to Federal Rules of Civil Procedure 26 and 33, RAI Strategic Holdings, Inc. and
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`R.J. Reynolds Vapor Company (collectively, “Reynolds”) hereby respond to Altria Client Services
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`LLC, Philip Morris USA, Inc., and Philip Morris Products S.A.’s (collectively, “Defendants” or
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`“Counterclaim Plaintiffs”) First Set of Interrogatories (Nos. 1-11) as follows.
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`PRELIMINARY STATEMENT
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`Reynolds has not yet completed discovery relating to this case, and while it has made
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`reasonable investigation for responsive information, its investigation of the facts is continuing.
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`Reynolds objects to and will respond to these interrogatories as it interprets and understands each
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`interrogatory as set forth. Reynolds’s objections and responses to these interrogatories are made
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`without prejudice to Reynolds’s right to supplement, correct, or otherwise modify the objections
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`and responses to the extent permitted under the Federal Rules of Civil Procedure, the Local Rules
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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`Case 1:20-cv-00393-LMB-WEF Document 1468-11 Filed 04/05/23 Page 3 of 5 PageID# 40832
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`information supporting Reynolds’s contention that that the Accused Products and the activities of
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`Defendants willfully infringe the RJR Asserted Patents. Reynolds’ investigation is ongoing and,
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`as discovery progresses, Reynolds reserves the right to supplement its response to this
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`interrogatory in accordance with the Court’s Scheduling Order and Fed. R. Civ. P. 26(e).
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`INTERROGATORY NO. 7:
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`For each Accused Product and RJR Asserted Claim, describe in detail and identify the
`factual and legal bases for Your claim for damages to which You contend You are entitled as a
`result of Defendants’ alleged infringement, including without limitation, whether Your damages
`claims are based on lost profits, a reasonably royalty, or other damages theory, any royalty rate,
`royalty base, lost profits, disgorgements, enhanced damages, attorney’s fees, or costs that You
`contend are appropriate, Your products that you contend compete with the Accused Products,
`noninfringing alternatives, the date You contend the hypothetical negotiation would have
`commenced with respect to each RJR Asserted Patent, the time period for which You contend You
`are entitled to collect damages from Defendants due to any alleged infringement of each RJR
`Asserted Patent, and whether the royalty base is based on the value of the entire product or a
`portion thereof (if so, identify the portion); identify all Documents and things supporting,
`contradicting, or otherwise relating to Your contentions; and identify the three (3) most
`knowledgeable Persons concerning the facts described in Your response and all Persons on which
`you intend to rely to support Your contentions.
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`OBJECTIONS:
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`Reynolds objects to this interrogatory as premature because it seeks information that is the
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`subject matter of expert reports and discovery that are not yet due. Reynolds objects to this
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`interrogatory to the extent that the response will require information and discovery from
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`Defendants/Counterclaim Plaintiffs that has not yet been made available to Reynolds. Reynolds
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`objects to this interrogatory as unduly burdensome to the extent it seeks an identification of “all”
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`Documents and things supporting, contradicting, or otherwise relating to Reynolds’s damages
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`contentions. Reynolds objects to this interrogatory as composed of multiple discrete subparts
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`under Fed. R. Civ. P. 33, which causes this interrogatory to count as more than one interrogatory.
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`RESPONSE:
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`Subject to and without waiving its objections, Reynolds responds as follows:
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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`Case 1:20-cv-00393-LMB-WEF Document 1468-11 Filed 04/05/23 Page 4 of 5 PageID# 40833
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`At this point in the case, Reynolds has not yet determined the full extent and/or nature of
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`the injuries it has suffered and continues to suffer as a result of Defendants’ infringement of each
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`RJR Asserted Patent. Reynolds seeks damages to the extent permissible under the applicable laws
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`for Defendants’ infringement and, at a minimum, a reasonable royalty based on Defendants’ sales
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`of the Accused Products, together with interest and costs as fixed by the Court. Reynolds also
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`intends to seek treble damages and attorneys’ fees due to Defendants’ willful infringement of the
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`RJR Asserted Patents. As Reynolds receives information and documents from Defendants during
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`discovery, Reynolds will supplement its response to this interrogatory in accordance with the
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`Court’s Scheduling Order, the deadlines related to expert discovery, and the Federal Rules of Civil
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`Procedure.
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`Reynolds contends that its VUSE products and Defendants/Counterclaim Plaintiffs’ IQOS
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`products are all part of a category known as “potentially reduced-risk” products, and that each
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`side’s products compete.
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`Reynolds further states that the hypothetical negotiation date is the date when infringement
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`began, which is subject to further investigation and discovery concerning when the
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`Defendants/Counterclaim Plaintiffs first imported, sold, or offered to sell the IQOS products in the
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`United States. The damages time period will also begin at the date of first infringement, which
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`will be the subject of further discovery from Defendants/Counterclaim Plaintiffs.
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`Reynolds states that the following witnesses are generally knowledgeable about the RJR
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`Accused Products, the facts concerning the market for those RJR Accused Products, and financial
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`information concerning those RJR Accused Products: Kara Calderon (Reynolds’s marketing and
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`distribution of the RJR Accused Products) and Nick Gilley (Reynolds’s financial information
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`associated with the manufacture and sale of the RJR Accused Products).
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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`Case 1:20-cv-00393-LMB-WEF Document 1468-11 Filed 04/05/23 Page 5 of 5 PageID# 40834
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`Dated: September 17, 2020
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`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`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
`77 West Wacker
`Suite 3500
`Chicago, IL 60601
`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
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`Sanjiv P. Laud
`JONES DAY
`90 South Seventh Street
`Suite 4950
`Minneapolis, MN 55402
`Telephone: (612) 217-8800
`Facsimile: (844) 345-3178
`Email: slaud@jonesday.com
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`Respectfully submitted,
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`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Avenue
`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
`Tel: (212) 326-3939
`Fax: (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 Ave., N.W., Suite M
`Washington, DC 20007
`Telephone: (703) 346-1505
`Email: cmolster@molsterlaw.com
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`Counsel for Plaintiffs RAI Strategic Holdings,
`Inc. and R.J. Reynolds Vapor Company
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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