`Case 1:20-cv-00393-LMB-WEF Document 1481 Filed 04/21/23 Page 1 of 2 PageID# 41526
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`PHILIP MORRIS PRODUCTSS.A.,
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`Plaintiff,
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`v.
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`1:20-cv-393 (LMB/WEF)
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`eeaiielaeeel
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`R.J. REYNOLDS VAPOR COMPANY,
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`Defendant.
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`ORDER
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`On April 21, 2023, defendant R.J. Reynolds Vapor Company (“Reynolds”) filed a
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`Motion for Entry of Judgment Under Rule 54(b) (“Motion”) [Dkt. No. 1478], which it indicates
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`plaintiff Philip Morris Products S.A. (“Philip Morris”) opposes. Because Reynolds’ thirty days
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`in whichto file a notice of appeal will expire on May 1, 2023,it is hereby
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`ORDEREDthat Philip Morris file any opposition to the Motion by close of business on
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`Tuesday, April 25, 2023.
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`In addition, Reynolds has provided a summary ofthe status ofits patents that remain at
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`issue in this civil action. See [Dkt. No. 1480] at 4. Reynoldsindicates that the Patent Trial and
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`Appeal Board foundthe asserted claims of United States Patent No. 9,814,268 (“the ’268
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`patent”) to be “unpatentable” and “no appeal [was] taken.” Id. That decision was issued on June
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`30, 2022, see No. IPR-2020-00921, and the time to appeal has expired. Reynoldsalsoindicates
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`that the International Trade Commission found the asserted claims of United States Patent No.
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`9,839,238 (“the ’238 patent”) to be “invalid and not infringed” and “‘no appeal [was] taken.”
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`[Dkt. No. 1480] at 4. Proceedings relating to Reynolds remaining patents are on appeal to the
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`Federal Circuit. Accordingly,it is hereby
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`Case 1:20-cv-00393-LMB-WEF Document 1481 Filed 04/21/23 Page 2 of 2 PagelD# 41527
`Case 1:20-cv-00393-LMB-WEF Document 1481 Filed 04/21/23 Page 2 of 2 PageID# 41527
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`ORDEREDthat by close of business on Tuesday, April 25, 2023, Reynolds show cause
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`whyits claimsas to the °268 patent and the ’238 patent should not be dismissed.
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`The Clerk is directed to forward copies of this Order to counsel of record.
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`Entered this A! day of April, 2023.
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`Alexandria, Virginia
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`/s/
`Leonie M. Brinke:mna
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`United States District Judge
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