Case 1:20-cv-00393-LO-TCB Document 476-2 Filed 03/10/21 Page 1 of 4 PageID# 10631
`Case 1:20-cv-00393-LO-TCB Document 476-2 Filed 03/10/21 Page 1 of 4 Page|D# 10631
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 476-2 Filed 03/10/21 Page 2 of 4 PageID# 10632
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim
`Defendants,
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`v.
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; and PHILIP MORRIS
`PRODUCTS S.A.
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`Defendants and Counterclaim
`Plaintiffs.
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`Case No. 1:20-cv-00393-LO-TCB
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`ALTRIA CLIENT SERVICES LLC, PHILIP MORRIS USA, INC., AND
`PHILIP MORRIS PRODUCTS S.A.’S FIRST SET OF INTERROGATORIES
`(NOS. 1-11)
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`Pursuant to Federal Rules of Civil Procedure 26 and 33, Altria Client Services LLC, Philip
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`Morris USA Inc., and Philip Morris Products S.A. request that RAI Strategic Holdings, Inc. and
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`R.J. Reynolds Vapor Company answer each interrogatory set forth below separately and fully, in
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`writing and under oath, in accordance with the definitions and instructions contained herein, within
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`thirty (30) days after service of the interrogatories. Altria Client Services LLC, Philip Morris USA
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`Inc., and Philip Morris Products S.A. request that RAI Strategic Holdings, Inc. and R.J. Reynolds
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`Vapor Company make any production of documents in connection with answers to these
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`interrogatories at the office of Latham & Watkins LLP, 555 Eleventh Street NW, Suite 1000,
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`Washington, DC 20004.
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`Case 1:20-cv-00393-LO-TCB Document 476-2 Filed 03/10/21 Page 3 of 4 PageID# 10633
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`result of Defendants’ alleged infringement, including without limitation, whether Your damages
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`claims are based on lost profits, a reasonably royalty, or other damages theory, any royalty rate,
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`royalty base, lost profits, disgorgements, enhanced damages, attorney’s fees, or costs that You
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`contend are appropriate, Your products that you contend compete with the Accused Products, non-
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`infringing alternatives, the date You contend the hypothetical negotiation would have commenced
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`with respect to each RJR Asserted Patent, the time period for which You contend You are entitled
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`to collect damages from Defendants due to any alleged infringement of each RJR Asserted Patent,
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`and whether the royalty base is based on the value of the entire product or a portion thereof (if so,
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`identify the portion); identify all Documents and things supporting, contradicting, or otherwise
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`relating to Your contentions; and identify the three (3) most knowledgeable Persons concerning
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`the facts described in Your response and all Persons on which you intend to rely to support Your
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`contentions.
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`INTERROGATORY NO. 8:
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`Describe the complete factual and legal basis for Your contention that You are entitled to
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`any injunctive relief, including any irreparable injury You have allegedly suffered, and why such
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`injury is irreparable, why remedies available at law, such as monetary damages, are inadequate to
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`compensate for that injury, why, considering the balance of hardships between You and
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`Defendants, a remedy in equity is warranted, why the public interest would not be disserved by a
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`permanent injunction, and identify the three (3) individuals most knowledgeable of the foregoing,
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`and all Documents and things (by Bates number) You intend to rely on to support Your contention.
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`INTERROGATORY NO. 9:
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`For each RJR Asserted Claim, describe in detail and identify the facts and circumstances
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`of the conception and reduction to practice of the purported claimed invention, and any intervening
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`Case 1:20-cv-00393-LO-TCB Document 476-2 Filed 03/10/21 Page 4 of 4 PageID# 10634
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`contentions; and identify the three (3) most knowledgeable Persons about the facts described in
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`Your contentions.
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`Dated: August 11, 2020
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`/s/ Maximilian A. Grant
`Maximilian A. Grant (VSB No. 91792)
`max.grant@lw.com
`Matthew J. Moore (pro hac vice pending)
`matthew.moore@lw.com
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Ste. 1000
`Washington, DC 20004
`Tel: (202) 637-2200; Fax: (202) 637-2201
`
`Clement J. Naples (pro hac vice pending)
`clement.naples@lw.com
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Tel: (212) 906-1200; Fax: (212) 751-4864
`
`Gregory K. Sobolski (pro hac vice pending)
`Gregory.sobolski@lw.com
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`Tel: (415) 391-0600; Fax: (415) 395-8095
`
`Brenda L. Danek (pro hac vice pending)
`brenda.danek@lw.com
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Tel: (312) 876-7700; Fax: (312) 993-9767
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`Counsel for Defendants-Counterclaim
`Plaintiffs Altria Client Services LLC, Philip
`Morris USA Inc., and Philip Morris
`Products S.A.
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