`Case 1:20-cv-00393-LMB-WEF Document 1481 Filed 04/21/23 Page 1 of 2 PageID# 41526
`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
`
`PHILIP MORRIS PRODUCTSS.A.,
`
`Plaintiff,
`
`v.
`
`1:20-cv-393 (LMB/WEF)
`
`eeaiielaeeel
`
`R.J. REYNOLDS VAPOR COMPANY,
`
`Defendant.
`
`ORDER
`
`On April 21, 2023, defendant R.J. Reynolds Vapor Company (“Reynolds”) filed a
`
`Motion for Entry of Judgment Under Rule 54(b) (“Motion”) [Dkt. No. 1478], which it indicates
`
`plaintiff Philip Morris Products S.A. (“Philip Morris”) opposes. Because Reynolds’ thirty days
`
`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.
`
`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
`
`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
`
`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
`
`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.
`SL
`Entered this A! day of April, 2023.
`
`Alexandria, Virginia
`
`/s/
`Leonie M. Brinke:mna
`
`United States District Judge
`
`
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