`Case 1:20-cv-00393-LMB-WEF Document 1469-7 Filed 04/05/23 Page 1 of 4 PagelD# 41174
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`EXHIBIT 75
`EXHIBIT 75
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`Case 1:20-cv-00393-LMB-WEF Document 1469-7 Filed 04/05/23 Page 2 of 4 PageID# 41175
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`RAI STRATEGIC HOLDINGS, INC.,
`et al.,
`Plaintiffs,
`v.
`ALTRIA CLIENT SERVICES, LLC,
`et al.,
`Defendants.
`TRANSCRIPT OF MOTION HEARING PROCEEDINGS
`BEFORE THE HONORABLE LIAM O'GRADY,
`UNITED STATES DISTRICT COURT JUDGE
`
`)))))))))))))
`
`Civil Action
`No. 1:20-cv-00393-LO-TCB
`March 17, 2022
`2:00 p.m.
`
`APPEARANCES:
`For the Counterclaim
`Plaintiffs:
`
`Maximilian Antony Grant, Esq.
`Latham & Watkins LLP (DC)
`555 11th St NW, Suite 1000
`Washington, DC 20004-1304
`202-637-2200
`Email: Max.grant@lw.com
`Elizabeth Stotland Weiswasser, Esq.
`Weil, Gotshal & Manges LLP (NY-NA)
`767 5th Ave
`New York, NY 10153
`(212) 310-8000
`Email: Elizabeth.weiswasser@weil.com
`William Sutton Ansley, Esq.
`Weil, Gotshal & Manges
`2001 M Street, NW
`Suite 600
`Washington, DC 20036
`202-682-7000
`Email: Sutton.Ansley@weil.com
`
`Scott L. Wallace, RDR, CRR
`Official Court Reporter
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1469-7 Filed 04/05/23 Page 3 of 4 PageID# 41176
`93
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`and otherwise a hypothetical negotiation wouldn't be a
`hypothetical negotiation at the time of our first infringement,
`it would be the hypothetical negotiated at the negotiation at the
`time of trial. So what -- I think you are telling me
`Dr. Sullivan should be allowed to use the latest data that he had
`when he formed his opinion in his report; is that right?
`MR. BURNETTE: Yes, Your Honor, that is what we say.
`THE COURT: You think that that's legally sound? You
`know, that you've got legally sound basis for that?
`MR. BURNETTE: Yes, Your Honor. Yes, Your Honor, we do.
`As viewed as a hypothetical negotiation, the Book of Wisdom does
`permit --
`THE COURT: The Book of Wisdom is worth as much as
`Dr. Goldschneider's report that there should be 25 percent
`royalty on every infringing product. That went by the wayside,
`as far as I can tell, a while ago, for good reasons. Wasn't his
`name Goldschneider? Do you remember?
`MR. BURNETTE: I do not know.
`THE COURT: You may not have even -- that predates all of
`you. There was an expert out there that said 25 percent to
`everybody, and it caught fire and for about three or four years
`25 percent was the rate. And we were like, why? And it was
`because Dr. Goldschneider said it. That's how I feel about the
`Book of Wisdom. You have to get a little more finite than that.
`So all right. I understand your position.
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`Scott L. Wallace, RDR, CRR, Official Court Reporter
`(703)549-4626 * scottwallace.edva@gmail.com
`
`
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`Case 1:20-cv-00393-LMB-WEF Document 1469-7 Filed 04/05/23 Page 4 of 4 PageID# 41177
`113
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` C E R T I F I C A T E
`
` I, Scott L. Wallace, RDR-CRR, certify that
`the foregoing is a correct transcript from the record of
`proceedings in the above-entitled matter.
`
`3/21/22
` /s/ Scott L. Wallace
` ---------------------------- ----------------
` Scott L. Wallace, RDR, CRR
` Date
` Official Court Reporter
`
`Scott L. Wallace, RDR, CRR, Official Court Reporter
`(703)549-4626 * scottwallace.edva@gmail.com
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