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`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`) I:20-cv-393 (LMB/WEF)
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`PHILIP MORRIS PRODUCTS S.A.,
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`Plaintiff,
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`V.
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`ORDER
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`R.J. REYNOLDS VAPOR COMPANY,
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`Defendant.
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`Pending before the Court are R.J. Reynolds Vapor Company's ("Reynolds") Renewed
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`Motion to Seal [Dkt. No. 1458], Philip Morris Products S.A.'s ("Philip Morris") Renewed
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`Motion to Seal [Dkt. No. 1463], and Reynolds' Renewed Motion to Seal Exhibits Entered into
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`Evidence at Trial [Dkt. No. 1477] (collectively, "Motions to Seal"). Finding that the parties have
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`established a basis for maintaining the requested documents and material under seal because they
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`contain confidential business and proprietary information, the Motions to Seal are GRANTED.
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`Reynolds has provided a list of the trial exhibits that it seeks to seal, identified in Exhibit
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`B of its motion [Dkt. No. 1477-2], and has requested that several of the exhibits be sealed only in
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`part (1^, PX-125, PX-668, PX-676, PX-677, PX-345, PX-387, PX-643, RX-1199) ("partially-
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`sealed trial exhibits"). Reynolds mailed a USB thumb drive to the Court containing proposed
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`redactions for the partially-sealed trial exhibits and requested that the Court redact the public
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`versions of those exhibits. Although the proposed redactions are appropriate, the Court will not
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`redact the public versions of the partially-sealed trial exhibits because that is the party's
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`responsibility. Instead. Reynolds must redact the partially-sealed trial exhibits and submit them
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`to Philip Morris, which will have one (I) week to object to the redactions. If Philip Morris does
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`Case 1:20-cv-00393-LMB-WEF Document 1498 Filed 07/21/23 Page 2 of 2 PageID# 41971
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`not object to the redactions,^ Reynolds must promptly send physical copies of the redacted
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`exhibits to the Clerk's Office, which will place the unredacted exhibits under seal and maintain
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`the redacted exhibits in the public record. Reynolds should not file any redacted or unredacted
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`trial exhibits electronically on CM/ECF. Accordingly, it is hereby
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`ORDERED that the trial exhibits identified in Exhibit B of Reynolds' Renewed Motion
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`to Seal Exhibits Entered into Evidence at Trial, which is attached to this Order, and the
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`unredacted versions of the parties' briefing on Philip Morris' Motion for a Permanent Injunction,
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`or Alternatively, an Ongoing Royalty, along with the specified exhibits (i.e.. Philip Morris'
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`Exhibits 5,18,23-24,27, 38,41,43-44,47-48, 56, 65-66,76,78; Reynolds' Exhibits 1-4, 10-14,
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`19,25,28-31,39,42,44), be maintained under seal until further order; and it is further
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`ORDERED that Philip Morris and Reynolds promptly file a complete public version of
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`their briefing on Philip Morris' Motion for a Permanent Injunction, or Alternatively, an Ongoing
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`Royalty, containing the redacted memoranda, see [Dkt. Nos. 1462,1465,1466], the redacted
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`versions of the sealed exhibits, and all other .exhibits that are not under seal; and its fiirther
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`ORDERED that Reynolds promptly submit the redacted versions of its partially-sealed
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`trial exhibits to the Clerk's Office in accordance with the aforementioned directions.
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`The Clerk is directed to maintain the USB thumb drive under seal in the records of this
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`civil action, indicate on the docket sheet when the redacted trial exhibits have been received, and
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`forward copies of this Order to counsel of record.
`Entered this A) day of July, 2023.
`. .
`Alexandna, Vitgmia
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`/s/
`Leonie M. Brhikema
`United States Disliict Judge
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`^
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`^ Reynolds has indicated that Philip Morris "does not oppose" its motion to seal the trial exhibits.
`[Dkt. No. 1477] at 2.
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