Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 1 of 9 PageID# 17750
`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 1 of 9 Page|D# 17750
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`EXHIBIT 5
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`EXHIBIT 5
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 1 of 9 Page|D# 17750
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`EXHIBIT 5
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`EXHIBIT 5
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 2 of 9 PageID# 17751
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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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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`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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`Defendants and Counterclaim Plaintiffs.
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`PLAINTIFF R.J. REYNOLDS VAPOR COMPANY’S THIRD NOTICE OF RULE
`30(B)(6) DEPOSITION TO DEFENDANT PHILIP MORRIS PRODUCTS S.A.
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`Please take notice that Plaintiff R.J. Reynolds Vapor Company (“RJRV”), pursuant to
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`Federal Rule of Civil Procedure 30(b)(6), will take the deposition of Defendant Philip Morris
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`Products S.A. (“PMP”) through persons designated by PMP to testify on its behalf with respect to
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`the topics listed in Schedule A hereto, at the offices of Jones Day, 51 Louisiana Ave., N.W.,
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`Washington, D.C. 20001, beginning on August 6, 2021, at 9:00 a.m. (Eastern) or at a time and
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`place to be agreed upon by the parties and continuing from day to day, excluding weekends, until
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`completed. The deposition shall be upon oral examination before an officer appointed or
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`designated under Federal Rule of Civil Procedure 28, and shall be recorded by audio-visual and
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`stenographic means.
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 3 of 9 PageID# 17752
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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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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 4 of 9 PageID# 17753
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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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`3
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 5 of 9 PageID# 17754
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`SCHEDULE A TO PLAINTIFF R.J. REYNOLDS VAPOR COMPANY’S THIRD
`NOTICE OF RULE 30(B)(6) DEPOSITION TO DEFENDANT PHILIP MORRIS
`PRODUCTS S.A.
`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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`“Compatible Tobacco Stick” or “Compatible Tobacco Sticks” means all
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`compatible tobacco sticks, and each version thereof, for use with any version of the IQOS® System,
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`including but not limited to, IQOS® HEETS, MarlboroTM HeatSticks, MarlboroTM Fresh Menthol
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`HeatSticks, or MarlboroTM Smooth Menthol HeatSticks. This definition shall further include any
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`smaller breakdown of parts, if applicable, for all Compatible Tobacco Sticks.
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`3.
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`“IQOS® System” or “IQOS® Systems” means the IQOS® electric tobacco heating
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`device systems, including the holder, charger, and each version thereof. This definition shall
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`further include any smaller breakdown of parts, if applicable, for the IQOS® System.
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`4.
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`“IQOS® Product” or “IQOS® Products” means the IQOS® System and Compatible
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`Tobacco Sticks, including all versions thereof. This definition shall further include any smaller
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`breakdown of parts, if applicable, for all IQOS® Products.
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`5.
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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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`4
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 6 of 9 PageID# 17755
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`6.
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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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`7.
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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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`8.
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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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`9.
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`10.
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`11.
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`12.
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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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`In construing the deposition topics, the singular form of a word should be
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`interpreted in the plural as well. Any pronoun shall be construed to refer to the masculine,
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`feminine, or neutral gender as in each case is most appropriate. The words “and” and “or” shall
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`5
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 7 of 9 PageID# 17756
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`be construed conjunctively or disjunctively, whichever makes the request most inclusive. The
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`word “including” shall be without limitation. The terms “each” and “any” shall mean any and all.
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`2.
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`Connective terms such as “and” or “or” shall be construed either disjunctively or
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`conjunctively, as necessary, to bring within the scope of the topic all information which might
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`otherwise be construed to be outside of its scope.
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`3.
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`PMP should respond to each Deposition Topic based upon PMP’s entire knowledge
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`concerning that Topic, from all sources and all information in PMP’s possession or otherwise
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`available to PMP, including information from current and former officers, employees, agents,
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`representatives, consultants, or attorneys and information which is known to each of them.
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`TOPIC NO. 84:
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`DEPOSITION TOPICS
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`PMP’s plans to market and sell the VEEV E-Cigarette Product in the United States,
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`including but not limited to any business plans or strategic plans for the regulatory approval,
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`marketing, sale, and commercialization of the VEEV E-Cigarette Product in the United States.
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`TOPIC NO. 85:
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`Any PMTA application or potential PMTA application related to the VEEV E-Cigarette
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`Product, including the current status of any such application and the current plans and timeline for
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`submission of any such application.
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`TOPIC NO. 86:
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`Forecasts and projections of sales of the VEEV E-Cigarette Product in the United States,
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`and any studies or analysis of how the VEEV E-Cigarette Product is expected to perform in the
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`United States.
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 8 of 9 PageID# 17757
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`TOPIC NO. 87:
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`The expected market competition, and any competitive analyses related to such
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`competition, between VEEV E-Cigarette Products and other e-vapor or vaping Products in the
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`United States, between VEEV E-Cigarette Products and IQOS® Products in the United States, and
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`between VEEV E-Cigarette Products and other potentially reduced risk products in the United
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`States.
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`TOPIC NO. 88:
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`Marketing and advertising strategies and plans for the VEEV E-Cigarette Product in the
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`United States, and any planned advertisements or promotional materials for the VEEV e-cigarette
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`Product in the United States.
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`TOPIC NO. 89:
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`Any studies, testing, or scientific evidence that PMP intends to use in support of any PMTA
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`application for the VEEV E-Cigarette Product.
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`TOPIC NO. 90:
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`Any analysis of the impact on public health from VEEV E-Cigarette Products.
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`TOPIC NO. 91:
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`Any studies or analyses related to dual use of the VEEV E-Cigarette Products, and any
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`studies or analyses related to youth use or the potential for youth use of VEEV E-Cigarette
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`Products.
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`TOPIC NO. 92:
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`The status and details of any agreements or potential agreements, or the negotiation of any
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`such agreements or potential agreements, between PMP and any other entity concerning the
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`importation, distribution, marketing, or sale of VEEV E-Cigarette Products in the United States.
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`Case 1:20-cv-00393-LO-TCB Document 721-4 Filed 06/16/21 Page 9 of 9 PageID# 17758
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`TOPIC NO. 93:
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`The factual basis for PMP’s contention that RJRV’s alleged infringement of the ’265, ’911,
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`and ’556 Patents will cause irreparable harm related to the VEEV E-Cigarette Product, including
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`but not limited to PMP’s contention that “Reynolds’ infringement . . . has harmed VEEV’s future
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`standing in the U.S. market” and that “VEEV’s trajectory in the United States already has been
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`negatively affected by Reynolds’ infringement.”
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