`Case 1:20-cv-00393-LO-TCB Document 477-2 Filed 03/11/21 Page 1 of 4 Page|D# 10686
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`EXHIBIT 3
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`EXHIBIT 3
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`
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`Case 1:20-cv-00393-LO-TCB Document 477-2 Filed 03/11/21 Page 2 of 4 PageID# 10687
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
`
`
`RAI STRATEGIC HOLDINGS, INC. and
`R.J. REYNOLDS VAPOR COMPANY,
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`Plaintiffs and Counterclaim Defendants,
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`
`
`
`
`
`
`v.
`
`Case No.: 1:20cv00393-LO-TCB
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`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
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`
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`Defendants and Counterclaim Plaintiffs.
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`
`PLAINTIFFS RAI STRATEGIC HOLDINGS, INC. AND R.J. REYNOLDS VAPOR
`COMPANY’S THIRD SET OF REQUESTS FOR PRODUCTION TO DEFENDANTS
`ALTRIA CLIENT SERVICES LLC, PHILIP MORRIS USA, INC., AND PHILIP
`MORRIS PRODUCTS S.A. (NOS. 243–272)
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`Pursuant to Federal Rules of Civil Procedure 26 and 34, Plaintiffs RAI Strategic Holdings,
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`Inc. (“RAI”) and R.J. Reynolds Vapor Company (“RJRV”) (collectively, “Plaintiffs”), by their
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`undersigned attorneys, hereby request Defendants Altria Client Services LLC (“ACS”), Philip
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`Morris USA, Inc. (“PM USA”), and Philip Morris Products S.A. (“PMP”) (collectively,
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`“Defendants”) respond in writing and produce the Documents and things requested below in
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`accordance with the Definitions and Instructions contained herein, and serve such documents on
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`Plaintiffs’ counsel, Jones Day, 901 Lakeside Avenue, Cleveland, Ohio 44114, within the time
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`prescribed by the Federal Rules of Civil Procedure.
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`DEFINITIONS
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`1.
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`“ACS” shall each mean and refer to Altria Client Services LLC, including without
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`limitation all of its corporate locations, and all predecessors, predecessors-in-interest, and all past
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`Case 1:20-cv-00393-LO-TCB Document 477-2 Filed 03/11/21 Page 3 of 4 PageID# 10688
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`REQUEST NO. 256:
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`For each Allegedly Practicing Altria Product, Documents sufficient to Identify the gross
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`revenue, net profits, profit margins, and fixed and variable costs attributable to the Allegedly
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`Practicing Altria Product on a quarterly basis.
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`REQUEST NO. 257:
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`Documents sufficient to Identify each of Defendants’ products that Defendants contend
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`compete with the Reynolds Accused Products.
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`REQUEST NO. 258:
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`Documents sufficient to Identify the market in which Defendants contend Defendants’
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`Products compete with the Reynolds Accused Products, and the market share associated with each
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`Product in the market.
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`REQUEST NO. 259:
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`Documents sufficient to Identify any non-infringing alternatives to the Altria Accused
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`Products.
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`REQUEST NO. 260:
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`Documents sufficient to Identify any non-infringing alternatives to the Reynolds Accused
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`Products.
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`REQUEST NO. 261:
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`All licenses, including inbound or outbound licenses, or contracts entered into by
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`Defendants related to any patents or patented technologies concerning electronic cigarettes that
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`Defendants have licensed.
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`11
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`Case 1:20-cv-00393-LO-TCB Document 477-2 Filed 03/11/21 Page 4 of 4 PageID# 10689
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`Dated: September 23, 2020
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`Respectfully submitted,
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`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`Telephone: (404) 521-3939
`Facsimile: (404) 581-8330
`Email: separker@jonesday.com
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`Anthony M. Insogna
`JONES DAY
`4655 Executive Drive
`Suite 1500
`San Diego, CA 92121
`Telephone: (858) 314-1200
`Facsimile: (844) 345-3178
`Email: aminsogna@jonesday.com
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`William E. Devitt
`JONES DAY
`77 West Wacker
`Suite 3500
`Chicago, IL 60601
`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
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`Sanjiv P. Laud
`JONES DAY
`90 South Seventh Street
`Suite 4950
`Minneapolis, MN 55402
`Telephone: (612) 217-8800
`Facsimile: (844) 345-3178
`Email: slaud@jonesday.com
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`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
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`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Tel: (212) 326-3939
`Fax: (212) 755-7306
`Email: jjnormile@jonesday.com
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`Alexis A. Smith
`JONES DAY
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, CA 90071
`Telephone: (213) 243-2653
`Facsimile: (213) 243-2539
`Email: asmith@jonesday.com
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`Charles B. Molster , III (VA Bar No. 23613)
`The Law Offices of Charles B. Molster III PLLC
`2141 Wisconsin Ave., N.W., Suite M
`Washington, DC 20007
`Telephone: (703) 346-1505
`Email: cmolster@molsterlaw.com
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`Counsel for Plaintiffs RAI Strategic Holdings, Inc.
`and R.J. Reynolds Vapor Company
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`15
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