Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 1 of 24 PageID# 11012
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`Exhibit A
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`(Public)
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 2 of 24 PageID# 11013
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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,
`
`Plaintiffs and Counterclaim Defendants,
`
`
`
`
`
`
`
`v.
`
`Case No.: 1:20cv00393-LO-TCB
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
`
`
`
`Defendants and Counterclaim Plaintiffs.
`
`
`PLAINTIFFS RAI STRATEGIC HOLDINGS, INC. AND R.J. REYNOLDS VAPOR
`COMPANY’S FIFTH SET OF REQUESTS FOR PRODUCTION TO DEFENDANTS
`ALTRIA CLIENT SERVICES LLC, PHILIP MORRIS USA, INC., AND PHILIP
`MORRIS PRODUCTS S.A. (NOS. 277–332)
`
`Pursuant to Federal Rules of Civil Procedure 26 and 34, Plaintiffs RAI Strategic Holdings,
`
`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.
`
`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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`or present directors, officers, agents, representatives, employees, consultants, attorneys, entities
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`acting in joint venture, licensing agreements, or partnership relationships with ACS, and others
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`acting on behalf of ACS.
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`2.
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`“Altria Accused Product” or “Altria Accused Products” shall mean any and all
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`electric tobacco heating device systems and the associated tobacco sticks sold for use with the
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`device systems. The tobacco heating device systems and components thereof shall include
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`Defendants’ IQOS® System Holder and Charger (“IQOS® system”). For avoidance of doubt, the
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`holder, charger and all compatible tobacco sticks (such as, but not limited to, IQOS® HEETS,
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`MarlboroTM HeatSticks, MarlboroTM Fresh Menthol HeatSticks, or MarlboroTM Smooth Menthol
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`HeatSticks) should be considered components of the respective tobacco heating device systems,
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`and thus are included in the meaning of “Altria Accused Product” or “Altria Accused Products.”
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`Components further shall include any smaller breakdown of parts, if applicable, to the IQOS®
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`system and associated tobacco sticks.
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`3.
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`“Altria Asserted Patents” means each and any of United States Patent No.
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`9,814,265 (“the ’265 patent”), United States Patent No. 10,555,556 (“the ’556 patent”), United
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`States Patent No. 10,104,911 (“the ’911 patent”), United States Patent No. 6,803,545 (“the ’545
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`patent”), and United States Patent No. 10,420,374 (“the ’374 patent”).
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`4.
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`“Communication” or “Communications” means every manner or method of
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`disclosure or transfer or exchange of information, whether orally or by Document, and whether
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`face-to-face, by telephone, mail, electronic mail, personal delivery, facsimile, or otherwise.
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`5.
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`“Defendants,” “Counterclaim Plaintiffs” “You,” or “Your” shall mean and refer to
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`ACS, PM USA, and PMP.
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`2
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`6.
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`“Document” or “Documents” has the broadest meaning consistent with Federal
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`Rule of Civil Procedure 34 and applicable case law, and includes electronically stored information
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`as specified in Federal Rule of Civil Procedure 34. Any draft or non-identical copy is a separate
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`Document within the meaning of this term.
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`7.
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`“Identify,” “Identifying,” “Identity,” or “Identification,” when used with respect to
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`any natural Person, shall mean that the following information shall be provided: the Person’s full
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`name; last known home address; last known business address and telephone number; last known
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`title or occupation; and last known employer.
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`8.
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`“Identify,” “Identifying,” “Identity,” or “Identification,” when used with respect to
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`any legal entity, such as a corporation, company, or Person other than a natural person, shall mean
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`that the following information shall be provided: the entity’s name; the place of incorporation or
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`organization; the principal place of business; and the nature of the business conducted by that legal
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`entity.
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`9.
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`“Identify,” “Identifying,” “Identity,” or “Identification,” when used with respect to
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`a Document, subject to the option to produce records under Federal Rule of Civil Procedure 33(d),
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`shall mean to provide information sufficient to locate that Document, including but not limited to
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`the following: the Bates range, the date appearing on such Document or, if no date appears thereon,
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`the approximate date the Document was prepared; the identifying code number, file number, title,
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`or label of such Document; a general description of such Document (e.g., letter, memorandum,
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`drawing); the title or heading; the number of pages of which such Document consists; the name of
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`each Person who signed or authorized the Document; the name of each addressee; the name of
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`each Person having possession, custody, or control of such Document; if the Document existed at
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`one time but does not presently exist, the reason(s) why it no longer exists and the Identity of the
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`3
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`last Person having custody of it; and, if the Document is in a foreign language, whether an English
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`translation of the Document exists, whether partial or complete.
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`10.
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`“Infringe,” “Infringing,” “Infringed,” or “Infringement” are broadly defined to
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`include direct
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`infringement,
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`indirect
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`infringement, contributory
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`infringement,
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`induced
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`infringement, literal infringement and/or infringement under the doctrine of equivalents.
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`11.
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`“Person” or “Persons” shall mean any natural person, legal entity or any business
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`entity, including but not limited to any proprietorship, firm, partnership, corporation, association,
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`organization, or other legal entity. The acts of a Person shall include the acts of directors, officers,
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`owners, members, employees, agents, attorneys, or other representatives acting on the Person’s
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`behalf.
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`12.
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`13.
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`“Plaintiffs” shall mean and refer to RAI and RJRV.
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`“PM USA” shall mean and refer to Philip Morris USA, Inc., including without
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`limitation all of its corporate locations, and all past or present directors, officers, agents,
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`representatives, employees, consultants, attorneys, entities acting in joint venture, licensing
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`agreements, or partnership relationships with PM USA, and others acting on behalf of PM USA.
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`14.
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`“PMP” shall mean and refer to Philip Morris Products S.A., including without
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`limitation all of its corporate locations, and all past or present directors, officers, agents,
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`representatives, employees, consultants, attorneys, entities acting in joint venture, licensing
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`agreements, or partnership relationships with PMP, and others acting on behalf of PMP.
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`15.
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`“Product” or “Products” shall mean a machine, manufacture, apparatus, device,
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`instrument, mechanism, appliance, composition of matter, assemblage of components/parts (either
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`individually or collectively), process, or method which are designed to function together
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`electrically, mechanically, chemically, or otherwise, to achieve a particular function or purpose,
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`including those offered for sale, sold, or under development. “Product” or “Products” shall further
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`include all “Altria Accused Products” or “Reynolds Accused Products” as defined in this section.
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`16.
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`“Relate to,” “Related to,” “Relating to,” or “Concerning” shall mean in any way
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`concerning, constituting, comprising, containing, setting forth, summarizing, reflecting, stating,
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`describing, recording, noting, embodying, mentioning, studying, analyzing, evaluating,
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`discussing, contemplating, or referencing a specified subject either directly or indirectly.
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`17.
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`“Reynolds Accused Product” or “Reynolds Accused Products” shall mean (i) the
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`VUSE VibeTM power unit and associated flavor packs; (ii) the VUSE Alto® power unit and
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`associated flavor packs; (iii) the VUSE Ciro® power unit and associated flavor packs, and/or (iv)
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`VUSE Solo® power unit and associated flavor packs.
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`18.
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`“Reynolds Asserted Patents” means each and any of United States Patent
`
`No. 9,814,268 (“the ’268 patent”) and United States Patent No. 10,492,542 (“the ’542 patent”).1
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`19.
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`“Software” means any form of code, including Source Code, object code, complied
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`code, byte code, interpreted code, firmware, and any form of code stored in any storage medium
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`or received by a device.
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`20.
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`“Source Code” means any text that is written in a human-readable programming
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`language. Source Code for different versions of Software may exist, where a version is referenced
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`by a build number, product version number, or other designation as identified by Defendants’
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`Source Code control system and/or Software development practices. A reference to “Source
`
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`1 Plaintiffs have additionally asserted U.S. Patent Nos. 9,839,238 (“the ’238 patent”); 9,901,123
`(“the ’123 patent”); and 9,930,915 (“the ’915 patent”). Those patents have been stayed until the
`determination of the International Trade Commission in In the Matter of Certain Tobacco Heating Articles
`and Components Thereof (Inv. No. 337-TA-1199) becomes final. Once the stay is lifted, the term “Reynolds
`Asserted Patent(s),” as used in this document, will further encompass the ’238 patent, ’123 patent, and ’915
`patent.
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`5
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`Code” shall mean all versions of the Software released as a commercial product or used in the
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`construction of Software released as a commercial product. Source Code should be produced in
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`an electronic form that maintains the original character encoding of the text, such as ASCII or
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`Unicode text files, searchable by character-based tools without the need for Optical Character
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`Recognition (OCR) of a binary image (for example, TIFF) file. Source Code should maintain the
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`original character encoding of the text and maintain format control characters including but not
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`limited to tab, space, and quotation characters to maintain the original programmer-intended
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`indenting structure.
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`21.
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`22.
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`23.
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`24.
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`25.
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`26.
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`27.
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`“The ’268 patent” means United States Patent No. 9,814,268.
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`“The ’542 patent” means United States Patent No. 10,492,542.
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`“The ’265 patent” means United States Patent No. 9,814,265.
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`“The ’556 patent” means United States Patent No. 10,555,556.
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`“The ’911 patent” means United States Patent No. 10,104,911.
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`“The ’545 patent” means United States Patent No. 6,803,545.
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`“The ’374 patent” means United States Patent No. 10,420,374.
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`INSTRUCTIONS
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`1.
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`The singular form of a word should be interpreted in the plural as well. Any
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`pronoun shall be construed to refer to the masculine, feminine, or neuter gender as in each case is
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`most appropriate. The words “and” and “or” shall be construed conjunctively or disjunctively,
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`whichever makes the request most inclusive. The word “including” shall be without limitation.
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`The terms “each” and “any” shall mean any and all.
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`2.
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`These requests call for Documents or things that are known or available to You, or
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`in Your possession, custody or control, including all information known or available to Your
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`6
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`attorneys, agents, representatives, or any other Person acting or purporting to act on Your behalf
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`or under the direction or control of You or Your attorneys, agents, representatives, or investigators.
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`3.
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`If You withhold any Document or thing, or portion thereof, in response to any of
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`the requests set forth below on grounds of privilege or any other claim of immunity from discovery,
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`then for each Identification, Document, Communication, or portion thereof withheld, state the
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`following:
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`the type of Document (e.g., letter, memorandum, contract, etc.);
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`its title;
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`its date;
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`its subject matter;
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`the name, address, and employer at the time of preparation of the
`individual(s) who authored, drafted, or prepared it;
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`the name, address, and employer at the time of dissemination of the
`individual(s) to whom it was directed, circulated, or copied, or who had
`access thereto; and
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`the grounds on which the Document is being withheld (e.g., “attorney-
`client privilege,” “work product immunity,” etc.).
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`4.
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`In the event that You object to any request on the ground that it is overbroad and/or
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`unduly burdensome for any reason, respond to that request as narrowed to the least extent
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`necessary, in Your judgment, to render it not overbroad/unduly burdensome and state specifically
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`the extent to which You have narrowed that request for purposes of Your response.
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`5.
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`In the event that You object to any request on the ground that it is vague and/or
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`ambiguous, identify the particular words, terms or phrases that are asserted to make such request
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`vague and/or ambiguous and specify the meaning actually attributed to You by such words for
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`purposes of Your response thereto.
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`6.
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`If no Documents are responsive to a particular request, you are to state no
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`responsive Documents exist.
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`7.
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`All Documents requested are to be produced in the same file or other organizational
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`environment in which they are maintained. For example, a Document that is part of a file, docket,
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`or other grouping, should be physically produced together with all other Documents from said file,
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`docket or grouping, in the same order or manner of arrangement as the original. Alternatively, as
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`to each Document and thing produced in response hereto, you shall identify the request for
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`production and where applicable, the interrogatory number, in response to which the Document or
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`thing is being produced. Where a Document or thing exists in hard copy and electronic format,
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`you shall produce both the hard and the electronic copy.
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`8.
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`These requests seek all responsive Documents in their original language and, if
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`such original language is not English, these requests also seek all English-language translations
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`that may exist for any such documents.
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`9.
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`Each Document is to be produced along with all drafts, without abbreviation or
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`redaction.
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`10.
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`If any Document, electronically stored information, or thing has been redacted or
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`altered in any fashion, identify the reason for the redaction or alteration, the date of the redaction
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`or alteration and the person performing the redaction or alteration. Make any redaction clearly
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`visible.
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`11.
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`Because these discovery requests are continuing under Federal Rule of Civil
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`Procedure 26(e), You remain under a duty to supplement or amend any response herein.
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 10 of 24 PageID# 11021
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`REQUESTS FOR PRODUCTION
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`REQUEST NO. 277:
`All Documents relating to the acquisition of the ’374 patent and any related patents or
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`applications from Smart Chip Microelectronic or Minilogic Device Corporation.
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`REQUEST NO. 278:
`All Documents relating to the purchase or acquisition of any technical designs,
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`specifications, manufacturing information, prototypes, intellectual property, or other technological
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`information relating to pressure sensors from Smart Chip Microelectronic or Minilogic Device
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`Corporation.
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`REQUEST NO. 279:
`All Documents relating to pressure sensors, pressure sensor assemblies, or devices
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`containing the same made, designed, purchased, or sold by Smart Chip Microelectronic or
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`Minilogic Device Corporation prior to July 7, 2015.
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`REQUEST NO. 280:
`All Documents concerning commercial relationships between ACS or its affiliates and
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`Smart Chip Microelectronic or Minilogic Device Corporation.
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`REQUEST NO. 281:
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`All Documents relating to the design, development, operation, engineering, manufacture
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`or structure of any pressure sensor used in MarkTen Products prior to July 7, 2015, including but
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`not limited to requirements specifications, design specifications, service manuals, operator’s or
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`owner’s manuals, reference manuals, prototypes, white papers, schematics, block diagrams, logic
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`diagrams, circuit diagrams, specifications, engineering drawings, test procedures, computer
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 11 of 24 PageID# 11022
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`program Source Code listings, bills of material (BOMs) and components suppliers, Computer
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`Aided Design (“CAD”) files, manufacturing flow diagrams and recipes, any other piece or part
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`drawings, testing data, and Documents sufficient to Identify the Persons most knowledgeable
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`about the design, development and manufacture of the pressure sensor.
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`REQUEST NO. 282:
`All Documents, including but not limited to technical and requirement specifications, test
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`procedures, data, block diagrams, engineering drawings and schematics, describing with respect
`
`to each MarkTen Product made, used, or sold prior to July 7, 2015 (i) the puff sensor assembly,
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`including electrical circuits and features therein; (ii) the rate and direction of airflow or air pressure
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`through any portion of the Products; (iii) the detection of a user’s draw action from the mouthpiece
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`end of the Products; and/or (iv) the detection of a user’s blowing action from the mouthpiece end
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`of the Products.
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`REQUEST NO. 283:
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`Documents sufficient to show the component materials, structure, and manufacture of the
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`capacitor diaphragm in any puff sensor used in MarkTen Products prior to July 7, 2015.
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`REQUEST NO. 284:
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`Source Code for any puff sensor or digital controller or processor receiving input from a
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`puff sensor used in MarkTen Products prior to July 7, 2015.
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`REQUEST NO. 285:
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`All Documents describing or relating to Source Code for any puff sensor or digital
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`controller or processor receiving input from a puff sensor used in MarkTen Products prior to July
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`7, 2015.
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`REQUEST NO. 286:
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`All Documents concerning puff sensors made by Weifang Qinyi Electron Science &
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`Technology Co., Ltd. prior to July 7, 2015.
`
`REQUEST NO. 287:
`
`All Documents concerning puff sensors made by Hangzhou Toll Microelectronic Co., Ltd.,
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`f/k/a Hangzhou Sungol Technology Co., Ltd., prior to July 7, 2015.
`
`REQUEST NO. 288:
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`Documents sufficient to show each puff sensor known to ACS or its affiliates and in public
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`use or on sale prior to July 7, 2015.
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`REQUEST NO. 289:
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`All Communications between ACS or its attorneys and Loi Ying Liu, the named inventor
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`of the ’374 patent, regarding the subject matter or prosecution of the ’374 patent or related patent
`
`applications.
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`REQUEST NO. 290:
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`All Communications between ACS or its attorneys and Smart Chip Microelectronic or
`
`Minilogic Device Corporation regarding the subject matter or prosecution of the ’374 patent or
`
`related patent applications.
`
`REQUEST NO. 291:
`
`
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`All Documents concerning the decision to file U.S. Patent Application No. 14/793,453,
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`which issued as the ’374 patent, including the decision to file a continuation-in-part application,
`
`the decision to claim priority to U.S. Patent Application No. 13/131,705 and its Chinese foreign
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`priority application, and the drafting of the specification, figures, and claims, including the
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`11
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`decision to recharacterize the “conductive membrane” as “flexible” instead of “rigid or semi-
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`rigid,” the decision to add material describing an operation control circuit, and the decision to
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`make any other additions, subtractions, or changes to the specification of the parent application.
`
`REQUEST NO. 292:
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`All Documents concerning the differences between the specification and figures of U.S.
`
`Patent Application No. 13/131,705, which issued as the ’374 patent, and those of its parent
`
`application, including any redlines or comparisons between the two applications.
`
`REQUEST NO. 293:
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`All Documents concerning the awareness of Loi Ying Liu, attorneys from Harness, Dickey
`
`& Pierce, P.L.C., individuals associated with ACS, or any other individuals involved in the
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`prosecution of the ’374 patent of puff sensors in public use or on sale prior to July 7, 2015,
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`including any puff sensors with non-metallic diaphragms, including diaphragms made from
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`carbonized or metalized rubber, carbon or metal coated rubber, carbonized or metalized soft and
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`resilient plastic materials such as a PPS (Polyphenylene Sulfide), or carbon or metal coated soft
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`and resilient plastic materials.
`
`REQUEST NO. 294:
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`All Documents concerning the Identification of prior art for disclosure to the U.S. Patent
`
`and Trademark Office in connection with the prosecution of the ’374 patent.
`
`REQUEST NO. 295:
`
`Documents sufficient to show the corporate relationship between Philip Morris
`
`Incorporated and Philip Morris USA, Inc.
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`REQUEST NO. 296:
`Documents sufficient to Identify all the members of the Phillip Morris Incorporated in-
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`house legal team from June 5, 2002 to October 12, 2004.
`
`REQUEST NO. 297:
`Documents sufficient to Identify the members of the Philip Morris Incorporated in-house
`
`legal team working on patent issues, including patent application preparation and prosecution at
`
`the U.S. Patent and Trademark Office during the period from June 5, 2002 to October 12, 2004.
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`REQUEST NO. 298:
`
`Documents sufficient to Identify all members of the Philip Morris Incorporated in-house
`
`legal team involved in the preparation or prosecution of the ’545 patent or its foreign counterpart
`
`applications.
`
`REQUEST NO. 299:
`Organizational chart(s) of the Philip Morris Incorporated in-house legal team during the
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`period from June 5, 2002 to October 12, 2004.
`
`REQUEST NO. 300:
`
`All Philip Morris Incorporated procedures, manuals, and guidelines for patent application
`
`preparation and prosecution used by Philip Morris Incorporated in-house legal team during the
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`period from June 5, 2002 to October 12, 2004.
`
`REQUEST NO. 301:
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`All Documents concerning Philip Morris Incorporated’s knowledge and awareness of U.S.
`
`Patent No. 4,947,874 to Brooks, or other patent applications sharing the same specification, prior
`
`to June 5, 2002.
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 15 of 24 PageID# 11026
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`REQUEST NO. 302:
`
`All Documents concerning the knowledge and awareness of Clinton E. Blake, John R.
`
`Hairfield, Jr., Charles T. Higgins, H. Neal Nunnally, or Robert L. Ripley of U.S. Patent No.
`
`4,947,874 to Brooks, or other patent applications sharing the same specification, prior to June 5,
`
`2002.
`
`REQUEST NO. 303:
`
`All Documents concerning the knowledge and awareness of William O. Trousdell, Peter
`
`K. Skiff, or Burns, Doane, Swecker & Mathis, L.L.P. of U.S. Patent No. 4,947,874 to Brooks, or
`
`other patent applications sharing the same specification, prior to June 5, 2002.
`
`REQUEST NO. 304:
`
`All Documents discussing or relating to U.S. Patent No. 4,947,874 to Brooks, or other
`
`patent applications sharing the same specification.
`
`REQUEST NO. 305:
`
`All Documents concerning the knowledge and awareness of Clinton E. Blake, John R.
`
`Hairfield, Jr., Charles T. Higgins, H. Neal Nunnally, or Robert L. Ripley of U.S. Patent No.
`
`5,372,148 to McCafferty, or other patent applications sharing the same specification, prior to June
`
`5, 2002.
`
`REQUEST NO. 306:
`
`All Documents concerning the knowledge and awareness of William O. Trousdell, Peter
`
`K. Skiff, or Burns, Doane, Swecker & Mathis, L.L.P. of U.S. Patent No. 5,372,148 to McCafferty,
`
`or other patent applications sharing the same specification, prior to June 5, 2002.
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`REQUEST NO. 307:
`
`All Documents concerning the decision to file the patent application that issued as the ’545
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`patent.
`
`REQUEST NO. 308:
`
`All Documents concerning the preparation and submission of information disclosure
`
`statements submitted in the prosecution of the application that issued as the ’545 patent, including
`
`the identification of references to be disclosed.
`
`REQUEST NO. 309:
`
`All Documents concerning patent applications related to the ’545 patent, including PCT
`
`Application No. US 2003/015997 and Australian Patent Application No. AU 2003 239541,
`
`including the file histories of those applications and all Documents concerning the decision to
`
`abandon or discontinue them.
`
`REQUEST NO. 310:
`
`All Documents, including but not limited to technical and requirement specifications, test
`
`procedures, data, block diagrams, circuit diagrams, engineering drawings and schematics,
`
`describing with respect to any electrically powered smoking article designed, prototyped,
`
`manufactured, tested, or sold by Defendants prior to June 5, 2002 (i) all power sources, including
`
`any lithium ion batteries, used to supply power to the resistive heating structures; (ii) controllers
`
`and electrical circuits used to control the electrical power from the power sources to the resistive
`
`heating structures; and/or (iii) the shape, amplitude, and frequency of the electrical signals
`
`transmitted from the power sources to the resistive heating structures.
`
`
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 17 of 24 PageID# 11028
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`REQUEST NO. 311:
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`All agreements, licenses, covenants not to sue, or contracts entered into by You (including
`
`Altria Group, Inc., Nu Mark LLC, and/or other entities or affiliates acting on Your behalf or for
`
`Your benefit), related to any patents or patented technologies related to electronic cigarettes,
`
`including but not limited to settlement agreements or licenses with Fontem Ventures B.V., Fontem
`
`Holdings 1 B.V, Imperial Brands PLC, or any related entity.
`
`REQUEST NO. 312:
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`To the extent not produced in response to previous requests, any license agreements entered
`
`into by Defendants or any of their affiliates, including but not limited to Nu Mark LLC, that license
`
`patents or patented technology that relate to or concern alternatives to combustible cigarettes,
`
`including but not limited to heat-not-burn Products, vaping Products, and/or electronic cigarettes.
`
`REQUEST NO. 313:
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`To the extent not produced in response to previous requests, any license agreements entered
`
`into by Defendants or any of their affiliates that relate to any technology used or incorporated in
`
`any current or former Nu Mark LLC Products.
`
`REQUEST NO. 314:
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`Documents and things sufficient to show monthly, quarterly and annual unit sales in the
`
`United States of any vaping Product sold by Altria Group, Inc., Nu Mark LLC, or any other Altria
`
`Group, Inc. affiliate, that was or is in competition with Plaintiffs’ VUSE Products, including but
`
`not limited to any of Nu Mark LLC’s MarkTen or Green Smoke Products, from their first sale to
`
`the present, with sufficient detail to show for each Product: (a) the Product name, number, SKU
`
`or other identifier; (b) number of units sold; (c) the business division responsible for the sale; (d)
`
`
`
`16
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 18 of 24 PageID# 11029
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`the distribution channel for the sale; (e) the region where the sale occurred; and (f) the customer
`
`name (either end customer or distributor).
`
`REQUEST NO. 315:
`
`Documents and things sufficient to show monthly, quarterly and annual sales revenue in
`
`the United States of any vaping Product, sold by Altria Group, Inc., Nu Mark LLC, or any other
`
`Altria Group, Inc. affiliate, that was or is in competition with Plaintiffs’ VUSE Products, including
`
`but not limited to any of Nu Mark LLC’s MarkTen or Green Smoke Products, from their first sale
`
`to the present, with sufficient detail to show for each Product: (a) the Product name, number, SKU
`
`or other identifier; (b) the amount of revenue earned as a result of sale; (c) the business division
`
`responsible for the sale; (d) the distribution channel for the sale; (e) the region where the sale
`
`occurred; and (f) the customer name (either end customer or distributor).
`
`REQUEST NO. 316:
`
`Documents and things sufficient to show monthly, quarterly and annual expenses in the
`
`United States of any vaping Product, sold by Altria Group, Inc., Nu Mark LLC, or any other Altria
`
`Group, Inc. affiliate, that was or is in competition with Plaintiffs’ VUSE Products, including but
`
`not limited to any of Nu Mark LLC’s MarkTen or Green Smoke Products, from their first sale to
`
`the present, with sufficient detail to show: (a) the Product name, number, SKU or other identifier
`
`related to the expenses; (b) the type of expense (e.g., taxes including excise taxes, selling expenses,
`
`marketing expenses, research & development expenses, overhead, legal expenses, royalty
`
`expenses); (c) the nature of the expense (e.g., fixed, semi-fixed or variable); (d) the business
`
`division related to the expense; (e) the distribution channel related to the expense; (e) the region
`
`where the expense was incurred; and (f) the customer name related to the expense (either end
`
`customer or distributor).
`
`
`
`17
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 19 of 24 PageID# 11030
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`REQUEST NO. 317:
`
`Documents and things sufficient to show monthly, quarterly and annual profits in the
`
`United States of any vaping Product, sold by Altria Group, Inc., Nu Mark LLC, or any other Altria
`
`Group, Inc. affiliate, that was or is in competition with Plaintiffs’ VUSE Products, including but
`
`not limited to any of Nu Mark LLC’s MarkTen or Green Smoke Products, from their first sale to
`
`the present, with sufficient detail to show for each Product: (a) the Product name, number, SKU
`
`or other identifier; (b) the amount of profits earned as a result of sale; (c) the business division
`
`responsible for the sale; (d) the distribution channel for the sale; (e) the region where the sale
`
`occurred; and (f) the customer name (either end customer or distributor).
`
`REQUEST NO. 318:
`
`Documents and things sufficient to show all pricing information (including all price lists
`
`used) in the United States of any vaping Product sold by Altria Group, Inc., Nu Mark LLC, or any
`
`other Altria Group, Inc. affiliate that was or is in competition with Plaintiffs’ VUSE Products,
`
`including but not limited to any of Nu Mark LLC’s MarkTen or Green Smoke Products, from their
`
`first sale to the present.
`
`REQUEST NO. 319:
`
`Representative examples of advertising and promotional materials for each version of the
`
`MarkTen and Green Smoke Products and for any other vaping Product ever sold by Altria Group,
`
`Inc., Nu Mark LLC, or any other Altria Group, Inc. affiliate, including but not limited to samples
`
`of print advertising, social media advertising, brochures, Product literature, and marketing and
`
`promotional materials provided to distributors, customers, or retailers for use in promotion to end
`
`users of the Products.
`
`
`
`18
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`Case 1:20-cv-00393-LO-TCB Document 491-1 Filed 03/12/21 Page 20 of 24 PageID# 11031
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`REQUEST NO. 320:
`
`Marketing plans that relate to or concern any version of the MarkTen or Green Smoke
`
`Products or any other vaping Product ever sold by Altria Group, Inc., Nu Mark LLC, or any other
`
`Altria Group