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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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`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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`Case No. 1:20-cv-00393-LO-TCB
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`[PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION TO SEAL
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`This matter is before the Court on the motion filed by Defendant Philip Morris Products
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`S.A. (“PMP”) and Altria Client Services, LLC (“Altria”) (or collectively “PMP/Altria” or
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`“Defendants”) to seal an un-redacted version of Defendants PMP/Altria’s Memorandum in
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`Support of their Opposition to Reynolds’s Motion for Summary Judgment and accompanying
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`Exhibits 1-2, 7-11, 13-15 and 17-25 pursuant to Federal Rule of Civil Procedure 5.2(d) and Local
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`Civil Rule 5(C). Because the documents that Defendants seek to seal contain confidential,
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`proprietary, and competitively sensitive business, financial, and design information of the
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`Plaintiffs RAI Strategic Holdings, Inc., and R.J. Reynolds Vapor Company (collectively,
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`“Plaintiffs”), Plaintiffs filed a memorandum in support of Defendants’ sealing request.
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`Before this Court may seal documents, it must: “(1) provide public notice of the request
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`to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic
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`alternatives to sealing the documents, and (3) provide specific reasons and factual findings
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`supporting its decision to seal the documents and for rejecting the alternatives.” Ashcraft v.
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`Case 1:20-cv-00393-LO-TCB Document 745-1 Filed 06/22/21 Page 2 of 5 PageID# 20333
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`Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000) (internal citations omitted). Upon consideration
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`of Defendants’ motion to seal and its memorandum in support thereof, the Court hereby FINDS
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`as follows:
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`1.
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`The public has received notice of the request to seal and has had reasonable
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`opportunity to object. Defendants’ sealing motion was publicly docketed in accordance with
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`Local Civil Rule 5. Plaintiffs have filed a memorandum in support of sealing. The “public has
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`had ample opportunity to object” to Defendants’ motion and, since “the Court has received no
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`objections,” the first requirement under Ashcraft, 218 F.3d at 302, has been satisfied. GTSI Corp.
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`v. Wildflower Int’l, Inc., No. 1:09-cv-123-JCC, 2009 WL 1248114, at *9 (E.D. Va. Apr. 30,
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`2009); U.S. ex rel Carter v. Halliburton Co., No. 1:10-cv-864-JCC/TCB, 2011 WL 2077799, at
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`*3 (E.D. Va. May 24, 2011) (“[T]he parties provided public notice of the request to seal that
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`allowed interested parties a reasonable opportunity to object—nearly two weeks.”).
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`2.
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`Defendants seek to seal and redact from the public record only information
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`designated by the parties as confidential. Defendants have filed publicly a redacted version of
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`their Memorandum in Support of their Opposition to Reynolds’s Motion for Summary Judgment
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`and accompanying Exhibits 1-2, 7-11, 13-15 and 17-25 (Dkt. 729), in addition to a sealed
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`version (Dkt. 733), and has redacted only those limited portions it seeks to seal. This selective
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`and narrow protection of confidential material constitutes the least drastic method of shielding
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`the information at issue. Adams v. Object Innovation, Inc., No. 3:11-cv-272-REP-DWD, 2011
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`WL 7042224, at *4 (E.D. Va. Dec. 5, 2011) (The “proposal to redact only the proprietary and
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`confidential information, rather than seal the entirety of his declaration, constitutes the least
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`drastic method of shielding the information at issue.”). The public has no legitimate interest in
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`information that is confidential to Defendants and Plaintiffs. Id. at *4 (“[T]here is no legitimate
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`Case 1:20-cv-00393-LO-TCB Document 745-1 Filed 06/22/21 Page 3 of 5 PageID# 20334
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`public interest in disclosing the proprietary and confidential information of [the defendant] …
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`and disclosure to the public could result in significant damage to the company.”). The
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`information that Defendants seek to seal includes confidential, proprietary, and competitively
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`sensitive business information of Defendants, Plaintiffs, and/or third parties, each of which could
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`face harm if such information were to be released publicly. Specifically, the sensitive
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`information that Defendants move for leave to file under seal, and to redact from a publicly filed
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`version, includes proprietary and commercially sensitive business, financial, and design
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`information of Defendants, Plaintiffs, and/or third parties:
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`• PMP/Altria’s Memorandum in Support of their Opposition to Reynolds’s Motion
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`for Summary Judgment;
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`• Exhibit 1, deposition excerpts of Joseph C. McAlexander III (May 14, 2021);
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`• Exhibit 2, deposition excerpts of Loi Ying Liu (March 23, 2021);
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`• Exhibit 7, Declaration of John Abraham relating to U.S. Patent Nos. 10,104,911
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`and 10,555,556 (June 15, 2021);
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`• Exhibit 8, Declaration of John Abraham relating to U.S. Patent No. 10,104,911
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`(June 15, 2021);
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`• Exhibit 9, deposition excerpts of Kelly Kodama (May 28, 2021);
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`• Exhibit 10, Responsive Expert Report of Kelly Kodama (March 24, 2021);
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`• Exhibit 11, deposition excerpts of John Abraham (May 11, 2021);
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`• Exhibit 13, excerpts from Reynolds’s Objections and Responses to PMP/Altria’s
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`First Set of Interrogatories (September 17, 2020);
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`• Exhibit 14, deposition excerpts of Eric Hunt (April 14, 2021);
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`• Exhibit 15, deposition excerpts of Nicholas Gilley (December 3, 2020);
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`Case 1:20-cv-00393-LO-TCB Document 745-1 Filed 06/22/21 Page 4 of 5 PageID# 20335
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`• Exhibit 17, Declaration of Joseph C. McAlexander (June 15, 2021);
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`• Exhibit 18, Declaration of Harold J. Walbrink (June 15, 2021);
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`• Exhibit 19, excerpts from Reynolds’s 1st Supplemental Response to PMP/Altria’s
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`Eighth Set of Interrogatories (April 28, 2021);
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`• Exhibits 20–24, technical documents produced by Reynolds; and
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`• Exhibit 25, deposition excerpts of Sean Daugherty (November 20, 2020).
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`3.
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`There is support for filing portions of Defendants PMP/Altria’s Memorandum in
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`Support of their Opposition to Reynolds’s Motion for Summary Judgment and accompanying
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`Exhibits 1-2, 7-11, 13-15 and 17-25 under seal, with a publicly filed version containing strictly
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`limited redactions. Defendants’ Memorandum in Support of their Opposition to Reynolds’s
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`Motion for Summary Judgment and accompanying Exhibits 1-2, 7-11, 13-15 and 17-25 contains
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`materials that fall within the scope of the stipulated protective order. Placing these materials
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`under seal is proper because the public’s interest in access is outweighed by a party’s interest in
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`“preserving confidentiality” of the limited amount of confidential information that is “normally
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`unavailable to the public.” Flexible Benefits Council v. Feltman, No. 1:08-cv-371-JCC, 2008 WL
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`4924711, at *1 (E.D. Va. Nov. 13, 2008); U.S. ex rel. Carter, 2011 WL 2077799, at *3.
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`Therefore, based on the findings above, for good cause shown, it is hereby
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`ORDERED that the motion is GRANTED, and Defendants are granted leave to file
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`REDACTED version of Defendants PMP/Altria’s Memorandum in Support of their Opposition
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`to Reynolds’s Motion for Summary Judgment and accompanying Exhibits 1-2, 7-11, 13-15 and
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`17-25.
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`Case 1:20-cv-00393-LO-TCB Document 745-1 Filed 06/22/21 Page 5 of 5 PageID# 20336
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`And to file UNDER SEAL an un-redacted version of Defendants PMP/Altria’s
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`Memorandum in Support of their Opposition to Reynolds’s Motion for Summary Judgment and
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`accompanying Exhibits 1-2, 7-11, 13-15 and 17-25.
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`And FURTHER ORDERED that the un-redacted version of Defendants PMP/Altria’s
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`Memorandum in Support of their Opposition to Reynolds’s Motion for Summary Judgment and
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`accompanying Exhibits 1-2, 7-11, 13-15 and 17-25 shall remain SEALED until further order of
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`the Court.
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`ENTERED this _____ day of _________________, 2021.
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`Alexandria, Virginia
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`__________________________________________
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