Case 1:20-cv-00393-LO-TCB Document 655 Filed 05/21/21 Page 1 of 4 PageID# 14906
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`RAI STRATEGIC HOLDINGS, INC. AND R.J.
`REYNOLDS VAPOR COMPANY
`
`Plaintiffs-Counterclaim
`Defendants,
`
`v.
`
`Case No. 1:20-cv-00393-LO-TCB
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; PHILIP MORRIS
`PRODUCTS S.A.
`
`Defendants-Counterclaim
`Plaintiffs.
`
`JOINT STIPULATION OF UNCONTROVERTED FACTS
`
`Altria Client Services LLC (“ACS”), Philip Morris USA, Inc. (“PM USA”), and Philip
`
`Morris Products S.A. (“PMP”) (collectively, “Plaintiffs”) and RAI Strategic Holdings, Inc.
`
`(“RAISH”) and R.J. Reynolds Vapor Company (“RJRV”) (collectively “Defendants”), by and
`
`through their respective counsel, hereby jointly stipulate and agree as follows with respect to this
`
`litigation. This stipulation and the information herein shall be used only in this litigation, shall not
`
`be used for any other purpose, and shall not be discoverable or admissible in any other proceeding,
`
`absent agreement of all Parties.
`
`1.
`
`ACS is a Virginia corporation with offices at 6601 West Broad Street, Richmond,
`
`Virginia 23230.
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`RAI STRATEGIC HOLDINGS, INC. AND R.J.
`REYNOLDS VAPOR COMPANY
`
`Plaintiffs-Counterclaim
`Defendants,
`
`v.
`
`Case No. 1:20-cv-00393-LO-TCB
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA INC.; PHILIP MORRIS
`PRODUCTS S.A.
`
`Defendants-Counterclaim
`Plaintiffs.
`
`JOINT STIPULATION OF UNCONTROVERTED FACTS
`
`Altria Client Services LLC (“ACS”), Philip Morris USA, Inc. (“PM USA”), and Philip
`
`Morris Products S.A. (“PMP”) (collectively, “Plaintiffs”) and RAI Strategic Holdings, Inc.
`
`(“RAISH”) and R.J. Reynolds Vapor Company (“RJRV”) (collectively “Defendants”), by and
`
`through their respective counsel, hereby jointly stipulate and agree as follows with respect to this
`
`litigation. This stipulation and the information herein shall be used only in this litigation, shall not
`
`be used for any other purpose, and shall not be discoverable or admissible in any other proceeding,
`
`absent agreement of all Parties.
`
`1.
`
`ACS is a Virginia corporation with offices at 6601 West Broad Street, Richmond,
`
`Virginia 23230.
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 655 Filed 05/21/21 Page 2 of 4 PageID# 14907
`
`2.
`
`PM USA is a Virginia corporation with offices at 6601 West Broad Street,
`
`Richmond, Virginia 23230.
`
`3.
`
`PMP is a societe anonyme duly existing under the laws of Switzerland with a
`
`corporate address at Quai Jeanrenaud 3, 2000 Neuchâtel, Switzerland.
`
`4.
`
`RJRV is a North Carolina corporation with its principal place of business located
`
`at 401 North Main Street, Winston-Salem, North Carolina 27101.
`
`5.
`
`PMP has been the owner and assignee of U.S. Patent No. 9,814,265 (“the ’265
`
`Patent”) since at least the filing of PMP’s counterclaims in this case.
`
`6.
`
`PMP has been the owner and assignee of U.S. Patent No. 10,104,911 (“the ’911
`
`Patent”) since at least the filing of PMP’s counterclaims in this case.
`
`7.
`
`PMP has been the owner and assignee of U.S. Patent No. 10,555,556 (“the ’556
`
`Patent”) since at least the filing of PMP’s counterclaims in this case.
`
`8.
`
`PM USA has been the owner and assignee of U.S. Patent No. 6,803,545 (“the ’545
`
`Patent”) since at least the filing of PM USA’s counterclaim in this case.
`
`9.
`
` ACS has been the owner and assignee of U.S. Patent No. 10,420,374 (“the ’374
`
`Patent”) since at least the filing of ACS’ counterclaims in this case.
`
`10.
`
`The VUSE Solo was launched in March 2013.
`
`11.
`
`The VUSE Vibe was launched in a test market in Michigan in April 2015 and
`
`nationally released in July 2016.
`
`12.
`
`The VUSE Ciro was launched in July 2016 as Solo+ and nationally released as Ciro
`
`in October 2017.
`
`13.
`
`The VUSE Alto was launched in August 2018.
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 655 Filed 05/21/21 Page 3 of 4 PageID# 14908
`
`14.
`
`PM USA is the successor in interest to Philip Morris Incorporated with respect to
`
`the ’545 Patent.
`
`
`
`
`
`Dated: May 21, 2021
`
`
`Respectfully submitted,
`
`/s/ Maximilian A. Grant
`
`Maximilian A. Grant (VSB No. 91792)
`max.grant@lw.com
`Lawrence J. Gotts (VSB No. 25337)
`lawrence.gotts@lw.com
`Matthew J. Moore (pro hac vice)
`matthew.moore@lw.com
`Jamie Underwood
`jamie.underwood@lw.com (pro hac vice)
`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)
`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)
`Greg.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)
`brenda.danek@lw.com
`LATHAM & WATKINS LLP
`330 North Wabash Avenue, Suite 2800
`Chicago, IL 60611
`Tel: (312) 876-7700; Fax: (312) 993-9767
`
`Respectfully submitted,
`
`/s/ David M. Maiorana
`
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`Email: rbmccrum@jonesday.com
`
`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
`
`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
`
`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`Telephone: (404) 521-3939
`
`3
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 655 Filed 05/21/21 Page 4 of 4 PageID# 14909
`
`
`Counsel for Defendant and Counterclaim
`Plaintiff Philip Morris Products S.A.
`
`
`Facsimile: (404) 581-8330
`Email: separker@jonesday.com
`
`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
`
`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
`
`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
`
`Charles B. Molster
`THE LAW OFFICES OF
`CHARLES B. MOLSTER, III PLLC
`2141 Wisconsin Avenue, N.W. Suite M
`Washington, DC 20007
`Telephone: (202) 787-1312
`Email: cmolster@molsterlaw.com
`
`for Plaintiffs and Counterclaim
`Counsel
`Defendants RAI Strategic Holdings, Inc. and
`R.J. Reynolds Vapor Company
`
`
`
`4
`
`
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