Case 1:20-cv-00393-LMB-WEF Document 1469-1 Filed 04/05/23 Page 1 of 5 PageID# 41129
`Case 1:20-cv-00393-LMB-WEF Document 1469-1 Filed 04/05/23 Page 1 of 5 PagelD# 41129
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`EXHIBIT 57
`EXHIBIT 57
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`Case 1:20-cv-00393-LMB-WEF Document 1469-1 Filed 04/05/23 Page 2 of 5 PageID# 41130
`CONFIDENTIAL BUSINESS INFORMATION
`Transcript of Kara Calderon, Corporate Designee & Individually
`Conducted on November 12, 2020
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` A P P E A R A N C E S
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` ON BEHALF OF PLAINTIFFS AND COUNTERCLAIM
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`DEFENDANTS:
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` J. THOMAS VITT, ESQUIRE
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` ALEXIS ADIAN SMITH, ESQUIRE
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` JONES DAY
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` Wells Fargo Center, 90 South 7th Street
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` Minneapolis, Minnesota 55402
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` (612) 217-8800
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` ON BEHALF OF DEFENDANTS AND COUNTERCLAIM
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`PLAINTIFFS:
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` BRETT M. SANDFORD, ESQUIRE
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` LATHAM & WATKINS, LLP
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` 140 Scott Drive
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` Menlo Park, California 94025
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` (650) 328-4600
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` ALSO PRESENT:
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` Dan Lohaus, Videographer
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` Joshua Tubbs, AV Technician
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` I N D E X
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF VIRGINIA
` Alexandria Division
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`RAI STRATEGIC HOLDINGS, INC. : Case No.
`and R.J. REYNOLDS VAPOR : 1:20-cv-00393-LO-TCB
`COMPANY, :
` Plaintiffs and :
`Counterclaim Defendants, :
` v. :
`ALTRIA CLIENT SERVICES LLC; :
`PHILIP MORRIS USA INC.; and :
`PHILIP MORRIS PRODUCTS S.A., :
` Defendants and :
`Counterclaim Plaintiffs. :
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` CONFIDENTIAL BUSINESS INFORMATION
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` SUBJECT TO PROTECTIVE ORDER
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` Videotaped Deposition of RJRV,
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` By and through its Corporate Representative
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` KARA CALDERON
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` And in her Individual Capacity
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` Conducted Virtually
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` Thursday, November 12, 2020
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` 8:01 a.m. PDT
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`Job No.: 333437
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`Pages: 1 - 349
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`Reported By: Charlotte Lacey, RPR, CSR No. 14224
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` WITNESS PAGE
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` KARA CALDERON
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` Examination by Mr. Sandford 9
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` I N D E X O F E X H I B I T S
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` EXHIBITS DESCRIPTION PAGE
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`Exhibit 1 Defendants' Notice of Deposition of 14
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` Kara Calderon
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`Exhibit 2 Plaintiffs' Objections and Responses 15
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` to Defendants' Notice of Deposition
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` Pursuant to Fed. R. Civ. P. 30(b)(6)
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`Exhibit 3 Kara Calderon LinkedIn profile 44
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`Exhibit 4 Typewritten notes 130
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`Exhibit 5 Vuse Product Requirements Document, 137
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` Bates number RJREDVA _000835874
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` through 876
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`Exhibit 6 Vuse Business Case 11/1/2013, Bates 153
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` number RJREDVA_000786522 through 660
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`Exhibit 7 Vuse 2014 - 2015 Operating Plan, 189
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` Bates number RJREDVA_000762923
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` through 001
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` VIDEOTAPED DEPOSITION OF KARA CALDERON, CONDUCTED
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`VIRTUALLY.
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` Pursuant to notice, before Charlotte Lacey,
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`Certified Shorthand Reporter in and for the State of
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`California.
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`

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`Case 1:20-cv-00393-LMB-WEF Document 1469-1 Filed 04/05/23 Page 3 of 5 PageID# 41131
`CONFIDENTIAL BUSINESS INFORMATION
`Transcript of Kara Calderon, Corporate Designee & Individually
`Conducted on November 12, 2020
`81
` A. I don't know that I saw anything that --
`that specifically calls that out. It's just the
`naming that has come over time.
` Q. Okay. Yeah. I was just curious because
`it seems like the way you broke down those four
`products into being tanks, pod mods, and cigalike
`products, that the naming convention for the
`consumable follows how you categorize those
`products. Does that make sense?
` A. Yeah, yeah. The -- it's not called a
`pod across all four. It's not called a cartridge
`across all four. Yup.
` Q. All right. Okay. But the product type,
`meaning whether it's a cigalike, a pod mod, or a
`tank, is a factor that influences a consumer's
`purchasing decision, right?
` A. The product type, whether it is a
`cigalike or a pod mod or a tank, is one of the
`factors that a consumer would choose one product
`over another.
` Q. Is the brand of the device a factor that
`influences a consumer's purchasing decision?
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`21 (81 to 84)
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`to vapor.
` Q. And why is it important for the -- for
`the vapor product to have an -- to feel like a
`cigarette?
` A. So from -- from what I've seen in -- in
`the research, familiarity.
` Q. And so based on your experience,
`consumers find it important to have a vaping
`product that feels like the cigarettes that they
`used to smoke before transitioning; is that right?
` MR. VITT: Objection to form.
` A. Some consumers, right? Again, broad --
`broad consumer base, what is good for you is
`different for me, which is different from Mr. Vitt
`is -- so for some consumers, a familiar experience
`is an important factor for them. For other
`consumers, they do not want a familiar experience.
`They want something completely different. So it
`really comes down to individual choice.
` Q. But at least for some consumers, a
`familiar experience, in terms of the vaping device
`feeling like a traditional combustible cigarette,
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` A. In -- in recalling some of the research
`is important to them; is that fair?
`I've seen is that brand does sometimes play a role
` A. Based off of the research that -- that
`in consumer choice, specifically in regards to a
`I've gone through, for some consumers, a familiar
`trusted brand or a quality brand.
`experience, a cigalike experience is -- is
` Q. And the cost of the device as well is a
`something that they look for.
`factor that influences a consumer's purchasing
` Q. All right. And you mentioned -- or
`decision, right?
`we've been discussing a cigarette, but is the same
` A. For -- for some consumers, cost/value
`true for a cigar? So, for example, for at least
`could potentially play a role into why they would
`some consumers, is a familiar experience, in terms
`choose one product over another. So, again, we're
`of the vaping device feeling like a traditional
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`ticking them off. There are a variety of reasons
`cigar, important to them, as opposed to a
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`why consumers choose -- yup.
`cigarette?
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` Q. Right. Right. I just want to walk
` A. Yeah, I don't recall ever seeing
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`through one. I understand that.
`anything where -- where there was any compare done
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` You mentioned cigalike. Can you
`to -- to a cigar. So I -- I don't recall the --
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`describe what that term means to you?
`that I've seen anything that indicates anything
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` A. Well, I don't know that I have seen
`about a cigar.
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`anything that directly calls it. But I think, you
` Q. Okay. And putting aside whether you've
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`know, common sense and personal experience, it
`seen it in a document or not, which I think is
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`looks like a cigarette. Its intent was to deliver
`what you're referring to, based on your
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`like a cigarette, you know, to migrate people,
`experience, is that -- is whether the vaping
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`switch adult tobacco consumers from combustibles
`product feels like a traditional cigar a -- a
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`PLANET DEPOS
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`Case 1:20-cv-00393-LMB-WEF Document 1469-1 Filed 04/05/23 Page 4 of 5 PageID# 41132
`CONFIDENTIAL BUSINESS INFORMATION
`Transcript of Kara Calderon, Corporate Designee & Individually
`Conducted on November 12, 2020
`265
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`67 (265 to 268)
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`267
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`researched with strategy and planning to do a
`market assessment on a variety of products through
`a -- through a third party, and -- and that is who
`put this document together.
` Q. Okay. Does RAI innovation still exist?
`You referred to them in the past tense.
` A. No, sorry.
` Q. When did they stop existing?
` A. I don't -- I don't recall.
` Q. Okay. And what is the purpose of
`creating market assessments like the one shown in
`Exhibit 13?
` A. So for the -- the purpose of this
`research, if we go down to the next slide, it's --
`it's very clear that "the purpose of this research
`is to understand the appeal and performance of Bo,
`Airtop, myJET (3.0), myJET (5.0), and TF16 among
`adult lapsed vapor ATCs and Juul AVCs in order to
`inform and guide internal decisions."
` Q. Okay. And do you understand the
`descriptors there, starting with Bo and ending
`with TF16, what products those pertain to?
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` Q. And the second -- the first
`characteristic is "big performance" described
`for --
` A. Yes.
` Q. -- the Alto?
` A. Yep.
` Q. And the second characteristic that is
`being emphasized by RJRV on its website for the
`Alto is "small package," right?
` A. Small package.
` MR. SANDFORD: Can we bring up tab 19,
`please, Josh.
` AV TECHNICIAN: Stand by.
` (Deposition Exhibit 13 was marked for
`identification.)
` AV TECHNICIAN: Exhibit 13 is on screen
`and in the share folder.
` MR. SANDFORD: Okay. And if you can
`give the witness control for -- for this exhibit,
`that's fine.
` Q. And, Ms. Calderon, it's a long document,
`so -- I mean, feel free to flip through it, but I
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` A. Yes. And if you go to the next page,
`don't want to waste too much time here. Get you
`page 3, there -- there is a -- a small image of
`out of here earlier.
`each of those products as a descriptor.
` A. Yeah. And with this, if you don't mind,
`I'll use the printout version that I have. Can we
` Q. Right. It's hard to see in -- in the
`just scroll through to make sure we are both
`version that was produced to us --
` A. Oh, I'm sorry. You guys wanted me to --
`looking at the same one real quick?
`I should scroll for you. There you go.
` Q. Yes, that's fine.
` A. Okay. Okay.
` Q. So looking at the page ending in Bates
` Okay. Yeah, we have the same document
`610, you see a reference TF16. What product is
`here. So I just wanted to make sure we had the
`that?
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` A. Yes. That is the product that is
`same document.
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`currently known as Vuse Alto.
` Q. Okay. And you've seen Exhibit 13
`12
` Q. Okay. And then if you turn to the next
`before?
`13
` A. Yes, sir.
`page ending in Bates number 611. Do you see that?
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`Can you please turn to that?
` Q. What is Exhibit 13?
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` A. Yes. Yes.
` A. Exhibit 13 is a general market
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`assessment of a variety of different vapor
` Q. On the second bullet there -- well --
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`products.
`and this slide is -- is describing the key
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`takeaways and recommendations from this -- the
` Q. And does R.J. -- and do you know who
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`market assessment, right?
`created this document?
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` A. Yes.
` A. So -- so there was a division at the
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`time called RAI innovations, and -- and they
` Q. Okay. And in the second bullet in the
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`Case 1:20-cv-00393-LMB-WEF Document 1469-1 Filed 04/05/23 Page 5 of 5 PageID# 41133
`CONFIDENTIAL BUSINESS INFORMATION
`Transcript of Kara Calderon, Corporate Designee & Individually
`Conducted on November 12, 2020
`349
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`88 (349 to 352)
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` CERTIFICATE OF SHORTHAND REPORTER
`
` I, Charlotte Lacey, the officer before whom the
`foregoing deposition was taken, do hereby certify that
`the foregoing transcript is a true and correct record of
`the testimony given; that said testimony was taken by me
`stenographically and thereafter reduced to typewriting
`under my direction; that reading and signing was not
`requested; and that I am neither counsel for, related
`to, nor employed by any of the parties to this case and
`have no interest, financial or otherwise, in its
`outcome.
`
` IN WITNESS WHEREOF, I have hereunto subscribed my
`hand this 15th of November, 2020.
`
`
` __________________________________
` Charlotte Lacey, RPR, CSR #14224
`
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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