`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`
`PHILIP MORRIS PRODUCTS S.A.,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`R.J. REYNOLDS VAPOR COMPANY,
`
`Defendant.
`
`Case No. 1:20-cv-00393-LMB-WEF
`
`
`R.J. REYNOLDS VAPOR COMPANY’S MOTION
`FOR ENTRY OF JUDGMENT UNDER RULE 54(b)
`
`R.J. Reynolds Vapor Company (“RJRV”) respectfully moves this Court to enter judgment
`
`under Federal Rule of Civil Procedure 54(b) with respect to Philip Morris Products S.A.’s
`
`(“PMP’s”) Counterclaims I and III concerning Patent Nos. 9,814,265 and 10,104,911 (the
`
`“Asserted Patents”). The judgment previously entered under Federal Rule of Civil Procedure 58
`
`on the Court’s order denying PMP’s request for an injunction and granting the request for ongoing
`
`royalties (Dkt. No. 1457) has rendered final all claims regarding PMP’s Asserted Patents,
`
`including the amended judgment entered on the jury verdict regarding PMP’s Asserted Patents
`
`(Dkt. No. 1415). The present action involves claims by multiple parties, but there is no just reason
`
`to delay entry of judgment as to PMP’s Asserted Patents against RJRV so that the judgments as to
`
`RJRV may proceed to an appeal.
`
`On the other hand, all claims with respect to RJRV’s and RAI Strategic Holdings, Inc.’s
`
`(collectively “Reynolds’s”) patents are currently stayed. Specifically, Reynolds’s claims
`
`regarding U.S. Patent Nos. 9,839,238; 9,901,123; 9,930,915; 9,814,268; and 10,492,542 all remain
`
`
`
`
`
`-1-
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`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1478 Filed 04/21/23 Page 2 of 4 PageID# 41501
`
`
`stayed pending other litigation. See Dkt. No. 27; see Dkt. No. 432 (order staying entire remaining
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`case); Dkt. No. 456 (order lifting stay as to PMP’s counterclaim patents, but not any Reynolds
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`patents)1.
`
`In accordance with Local Rule 7(E), counsel for Reynolds certifies that it has made a good
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`faith effort to resolve the issue raised in this Motion and the parties conferred telephonically on
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`April 11, 2023, and via email since that time, but the parties have been unable to reach agreement
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`and Reynolds expects PMP will oppose this Motion. This Motion is based upon the accompanying
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`memorandum in support of this Motion and such other and further matters as the Court may
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`consider.
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`WHEREFORE, Reynolds respectfully requests that the Court enter the attached Order.
`
`
`
`
`1 This order also lifted the stay with respect to Altria Client Services, LLC’s and PM USA, Inc.’s
`counterclaim patents, but all claims pertaining to those patents were subsequently dismissed. See
`Dkt. Nos. 1293, 1300.
`
`
`
`
`-2-
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`
`
`Case 1:20-cv-00393-LMB-WEF Document 1478 Filed 04/21/23 Page 3 of 4 PageID# 41502
`
`
`Dated: April 21, 2023
`
`
`
`Stephanie E. Parker
`Jason T. Burnette
`JONES DAY
`1221 Peachtree Street, N.E.
`Suite 400
`Atlanta, GA 30361
`Telephone: (404) 521-3939
`Facsimile: (404) 581-8330
`Email: separker@jonesday.com
`Email: jtburnette@jonesday.com
`
`
`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
`
`William E. Devitt
`JONES DAY
`110 N. Wacker
`Suite 4800
`Chicago, IL 60606
`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`/s/ David M. Maiorana
`
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
`
`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
`
`
`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
`
`Charles B. Molster, III
`THE LAW OFFICES OF
`CHARLES B. MOLSTER, III PLLC
`2141 Wisconsin Avenue, N.W. Suite M
`Washington, DC 20007
`Telephone: (703) 346-1505
`Email: cmolster@molsterlaw.com
`
`Counsel for RAI Strategic Holdings, Inc. and
`R.J. Reynolds Vapor Company
`
`
`
`
`
`-3-
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`
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`Case 1:20-cv-00393-LMB-WEF Document 1478 Filed 04/21/23 Page 4 of 4 PageID# 41503
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 21st day of April, 2023, a true and correct copy of the foregoing
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`was served using the Court’s CM/ECF system, with electronic notification of such filing to all
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`counsel of record.
`
`
`
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`
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`
`
`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`
`Counsel for RAI Strategic Holdings, Inc. and
`R.J. Reynolds Vapor Company
`
`
`
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`-4-
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`
`
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