Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 1 of 13 PageID# 17723
`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 1 of 13 Page|D# 17723
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 1 of 13 Page|D# 17723
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`EXHIBIT 3
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`EXHIBIT 3
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 2 of 13 PageID# 17724
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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,
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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.
`
`
`PLAINTIFF R.J. REYNOLDS VAPOR COMPANY’S SEVENTH SET OF REQUESTS
`FOR ADMISSION TO DEFENDANT PHILIP MORRIS PRODUCTS S.A.
`(NOS. 294–343)
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`
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`Pursuant to Federal Rules of Civil Procedure 26 and 36, Plaintiff R.J. Reynolds Vapor
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`Company (“RJRV”), by its undersigned attorneys, hereby requests Defendant Philip Morris
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`Products S.A. (“PMP”) answer each request for admission set forth below in accordance with the
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`Definitions and Instructions contained herein, and serve such answers on RJRV’s counsel, Jones
`
`Day, 901 Lakeside Avenue, Cleveland, Ohio 44114, within fourteen days as required by the
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`Court’s March 12, 2021, Order (Dkt. No. 483).
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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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`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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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 3 of 13 PageID# 17725
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`2.
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`“PM USA” shall each 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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`3.
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`“PMP” shall each 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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`4.
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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.
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`5.
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`6.
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`7.
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`8.
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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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`“VEEV E-Cigarette Product ” or “VEEV E-Cigarette Products” shall mean the e-
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`vapor product platform made by or on behalf of PMP (as described further at
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`https://www.pmi.com/smoke-free-products/veev-innovating-e-vapor-technology).
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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 neutral gender as in each case
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`is most appropriate. The words “and” and “or” shall be construed conjunctively or disjunctively,
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`2
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 4 of 13 PageID# 17726
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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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`In the event that PMP objects 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 PMP by such words for
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`purposes of PMP’s response thereto.
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`3.
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`Pursuant to Federal Rules of Civil Procedure 36, PMP’s answers must either admit
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`the matter in question, specifically deny it, or state in detail why PMP cannot truthfully admit or
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`deny it. A denial must fairly respond to the substance of the matter, and when good faith requires
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`that PMP qualify an answer or deny only a part of a matter, PMP’s answers must specify the part
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`admitted and qualify or deny the rest. PMP may assert lack of knowledge or information as a
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`reason for failing to admit or deny only if PMP states that PMP has made a reasonable inquiry and
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`that the information PMP knows or can readily obtain is insufficient to enable PMP to admit or
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`deny.
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`4.
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`Because these discovery requests are continuing under Federal Rule of Civil
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`Procedure 26(e), PMP remains under a duty to supplement or amend any response herein.
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`REQUESTS FOR ADMISSION
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`REQUEST NO. 294
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`Admit that the VEEV E-Cigarette Product does not use any of the inventions claimed in
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`the ’265 Patent.
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`REQUEST NO. 295
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`Admit that the VEEV E-Cigarette Product does use one or more of the inventions claimed
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`in the ’265 Patent.
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`3
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 5 of 13 PageID# 17727
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`REQUEST NO. 296
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`Admit that the VEEV E-Cigarette Product does not incorporate any of the inventions
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`claimed in the ’265 Patent.
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`REQUEST NO. 297
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`Admit that the VEEV E-Cigarette Product does incorporate one or more of the inventions
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`claimed in the ’265 Patent.
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`REQUEST NO. 298
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`Admit that the VEEV E-Cigarette Product does not practice any of the inventions claimed
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`in the ’265 Patent.
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`REQUEST NO. 299
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`Admit that the VEEV E-Cigarette Product does practice one or more of the inventions
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`claimed in the ’265 Patent.
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`REQUEST NO. 300
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`Admit that the VEEV E-Cigarette Product does not use any of the inventions claimed in
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`the ’911 Patent.
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`REQUEST NO. 301
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`Admit that the VEEV E-Cigarette Product does use one or more of the inventions claimed
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`in the ’911 Patent.
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`REQUEST NO. 302
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`Admit that the VEEV E-Cigarette Product does not incorporate any of the inventions
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`claimed in the ’911 Patent.
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`4
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 6 of 13 PageID# 17728
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`REQUEST NO. 303
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`Admit that the VEEV E-Cigarette Product does incorporate one or more of the inventions
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`claimed in the ’911 Patent.
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`REQUEST NO. 304
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`Admit that the VEEV E-Cigarette Product does not practice any of the inventions claimed
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`in the ’911 Patent.
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`REQUEST NO. 305
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`Admit that the VEEV E-Cigarette Product does practice one or more of the inventions
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`claimed in the ’911 Patent.
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`REQUEST NO. 306
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`Admit that the VEEV E-Cigarette Product does not use any of the inventions claimed in
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`the ’556 Patent.
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`REQUEST NO. 307
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`Admit that the VEEV E-Cigarette Product does use one or more of the inventions claimed
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`in the ’556 Patent.
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`REQUEST NO. 308
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`Admit that the VEEV E-Cigarette Product does not incorporate any of the inventions
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`claimed in the ’556 Patent.
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`REQUEST NO. 309
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`Admit that the VEEV E-Cigarette Product does incorporate one or more of the inventions
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`claimed in the ’556 Patent.
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`5
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 7 of 13 PageID# 17729
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`REQUEST NO. 310
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`Admit that the VEEV E-Cigarette Product does not practice any of the inventions claimed
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`in the ’556 Patent.
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`REQUEST NO. 311
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`Admit that the VEEV E-Cigarette Product does practice one or more of the inventions
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`claimed in the ’556 Patent.
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`REQUEST NO. 312
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`Admit that VEEV E-Cigarette Products have never been sold in the United States.
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`REQUEST NO. 313
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`Admit that VEEV E-Cigarette Products have been sold in the United States.
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`REQUEST NO. 314
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`Admit that VEEV E-Cigarette Products have never been imported to the United States.
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`REQUEST NO. 315
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`Admit that VEEV E-Cigarette Products have been imported to the United States.
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`REQUEST NO. 316
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`Admit that PMP has not filed a PMTA application for the VEEV E-Cigarette Product.
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`REQUEST NO. 317
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`Admit that PMP has filed a PMTA application for the VEEV E-Cigarette Product.
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`REQUEST NO. 318
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`Admit that PMP has not prepared a PMTA application for the VEEV E-Cigarette Product.
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`REQUEST NO. 319
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`Admit that PMP has prepared a PMTA application for the VEEV E-Cigarette Product.
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`6
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 8 of 13 PageID# 17730
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`REQUEST NO. 320
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`Admit that no PMTA application relating to the VEEV E-Cigarette Product has been
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`submitted.
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`REQUEST NO. 321
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`Admit that a PMTA application relating to the VEEV E-Cigarette Product has been
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`submitted.
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`REQUEST NO. 322
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`Admit that PMP will not market the VEEV E-Cigarette Product in the United States until
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`the FDA grants PMTA approval.
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`REQUEST NO. 323
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`Admit that PMP will market the VEEV E-Cigarette Product in the United States before the
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`FDA grants PMTA approval.
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`REQUEST NO. 324
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2021.
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`REQUEST NO. 325
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2021.
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`REQUEST NO. 326
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2022.
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`REQUEST NO. 327
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2022.
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`7
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 9 of 13 PageID# 17731
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`REQUEST NO. 328
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2023.
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`REQUEST NO. 329
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2023.
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`REQUEST NO. 330
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2024.
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`REQUEST NO. 331
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2024.
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`REQUEST NO. 332
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in
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`the United States in 2025.
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`REQUEST NO. 333
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2025.
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`REQUEST NO. 334
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in
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`the United States in 2026.
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`REQUEST NO. 335
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2026.
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`8
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 10 of 13 PageID# 17732
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`REQUEST NO. 336
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in
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`the United States in 2027.
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`REQUEST NO. 337
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2027.
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`REQUEST NO. 338
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in
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`the United States in 2028.
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`REQUEST NO. 339
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2028.
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`REQUEST NO. 340
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in
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`the United States in 2029.
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`REQUEST NO. 341
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2029.
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`REQUEST NO. 342
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`Admit that PMP has no current plans to begin sale of the VEEV E-Cigarette Product in
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`the United States in 2030.
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`9
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 11 of 13 PageID# 17733
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`REQUEST NO. 343
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`Admit that PMP has current plans to begin sale of the VEEV E-Cigarette Product in the
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`United States in 2030.
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 12 of 13 PageID# 17734
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`Dated: June 11, 2021
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`Respectfully submitted,
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`Stephanie E. Parker
`JONES DAY
`1221 Peachtree Street, N.E.
`Suite 400
`Atlanta, GA 30361
`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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`11
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`Case 1:20-cv-00393-LO-TCB Document 721-2 Filed 06/16/21 Page 13 of 13 PageID# 17735
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 11, 2021, the foregoing was served on counsel for Defendants
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`using the following designated email address: pmiedva.lwteam@lw.com.
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`Dated: June 11, 2021
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`/s/ David M Maiorana
`David M. Maiorana (VA Bar No. 42334)
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
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`12
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