`Case 1:20-cv-00393-LO-TCB Document 477-1 Filed 03/11/21 Page 1 of 4 Page|D# 10682
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`EXHIBIT 2
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`EXHIBIT 2
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`Case 1:20-cv-00393-LO-TCB Document 477-1 Filed 03/11/21 Page 2 of 4 PageID# 10683
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`
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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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`Civil Action No. 1:20-cv-393
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`
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`ALTRIA CLIENT SERVICES LLC, PHILIP MORRIS USA INC., AND
`PHILIP MORRIS PRODUCTS S.A.’S FIRST SET OF REQUESTS FOR PRODUCTION
`(NOS. 1-157)
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`Pursuant to Rules 34 and 26 of the Federal Rules of Civil Procedure, Altria Client Services
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`LLC, Philip Morris USA Inc., and Philip Morris Products S.A. request that RAI Strategic
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`Holdings, Inc. and R.J. Reynolds Vapor Company respond in writing and produce the documents
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`and things requested below within thirty (30) days of service, or at such other time and place as
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`the parties may agree upon, at the offices of Latham & Watkins LLP, 555 Eleventh Street NW,
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`Suite 1000, Washington, DC 20004.
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`DEFINITIONS
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`The following definitions and instructions apply to these requests as well as other discovery
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`requests that may be propounded to Plaintiffs, including interrogatories and requests for admission.
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`Case 1:20-cv-00393-LO-TCB Document 477-1 Filed 03/11/21 Page 3 of 4 PageID# 10684
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`of lost profits, price erosion, or a reasonable royalty under 35 U.S.C. § 284 (including a reasonable
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`royalty rate and a reasonable royalty base) for the RJR Asserted Patents, as well as any notice
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`provided by marking the number of the RJR Asserted Patents or any Related Patent on any product
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`or device used, sold, or offered for sale by or under Counterclaim Defendants’ authority or the
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`authority of Counterclaim Defendants’ predecessors-in-interest.
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`REQUEST FOR PRODUCTION NO. 99:
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`Documents sufficient to identify each of Counterclaim Defendants’ products that
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`Counterclaim Defendants contend compete with the Accused Products.
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`REQUEST FOR PRODUCTION NO. 100:
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`Documents sufficient to identify the market in which Counterclaim Defendants contend
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`Counterclaim Defendants’ products compete with the Accused Products, and the market share
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`associated with each product in the market.
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`REQUEST FOR PRODUCTION NO. 101:
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`Documents sufficient to identify any non-infringing alternatives to the RJR Asserted
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`Patents.
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`REQUEST FOR PRODUCTION NO. 102:
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`All Documents that evidence and/or refer to any Communication between Counterclaim
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`Defendants and any Person, including Counterclaim Defendants’ internal Communications,
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`meeting minutes, and notes of meetings, referring to any patents or patented technologies directed
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`to electronic cigarettes that Counterclaim Defendants have licensed.
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`REQUEST FOR PRODUCTION NO. 103:
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`All licenses or contracts entered into by Counterclaim Defendants related to any patents or
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`patented technologies related to electronic cigarettes that Counterclaim Defendants have licensed.
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`Case 1:20-cv-00393-LO-TCB Document 477-1 Filed 03/11/21 Page 4 of 4 PageID# 10685
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`By: /s/ Maximilian A. Grant
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`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
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`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
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`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
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`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 Altria Client
`Services LLC, Philip Morris USA Inc., and
`Philip Morris Products S.A.
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`Dated: August 11, 2020
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