`
`Exhibit 24
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 751-3 Filed 06/22/21 Page 2 of 6 PageID# 20477
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Michalik, John M.
`Orlady, Will (DC); Koh, Jennifer (SD); #C-M PMIEDVA - LW TEAM
`RJREDVA; cmolster@molsterlaw.com
`RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`Wednesday, June 2, 2021 7:24:16 PM
`NAI 1518707991 1 Joint stipulation of dismissal of inequitable conduct counterclaim for 545 patent.DOCX
`NAI 1518709356 1 Proposed Order for joint stipulation of dismissal of inequitable conduct counterclaim for 545
`patent.DOCX
`
`Will --
`
`Per my email below, attached please find a draft joint stipulation of dismissal and proposed order.
`Please let us know if we have your permission to file.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Wednesday, June 2, 2021 5:28 PM
`To: Will.Orlady@lw.com; Jennifer.Koh@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`
`Will - -
`
`We do not agree it is appropriate or necessary to stipulate to judgment on the defenses Reynolds
`has indicated it does not intend to pursue. The cases you cite present a different procedural posture
`from our case where Reynolds, in an effort to streamline the case, has confirmed it will not pursue
`the defenses identified in my email yesterday. Further, your proposed stipulated judgment
`regarding Reynolds’s counterclaim for inequitable conduct contains inaccuracies. Accordingly, you
`do not have our consent to file your proposed stipulation. We will prepare an appropriate
`stipulation of dismissal of that claim.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 751-3 Filed 06/22/21 Page 3 of 6 PageID# 20478
`
`From: Will.Orlady@lw.com <Will.Orlady@lw.com>
`Sent: Wednesday, June 2, 2021 3:43 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Jennifer.Koh@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`
`** External mail **
`
`Counsel,
`
`PMP/Altria is entitled to judgment on the defenses and related counterclaim for two reasons. First,
`you have admitted they are meritless and unsupported by any facts. Second, Courts (including
`Judge O’Grady) enter judgment in favor of plaintiffs where a defendants fails to prove their
`affirmative defenses. See, e.g., TecSec, Inc. v. Adobe Sys., 326 F. Supp. 3d 105, 111 (E.D. Va. 2018) (J.
`O’Grady); see also David’s Bridal, Inc. v. House of Brides, Inc., No. 06-5660 (SRC), 2010 WL 323306, at
`*12 (D.N.J. Jan. 20, 2010) (“Plaintiff’s cross-motion for partial summary judgment is granted and, as
`to this affirmative defense [of nominative fair use], Judgment is entered in Plaintiff’s favor.”).
`Accordingly, PMP and Altria are entitled to judgment. Please confirm by 6:30 PM ET whether we
`have your consent to file the stipulated judgment.
`
`Now is not the appropriate time for Counterclaim-plaintiffs to evaluate further narrowing the case
`for trial based on dropping existing asserted claims and that assessment is confirmed by the basis
`you disclosed last night for Reynolds’ anticipated dispositive motion. PMP/Altria will be prepared to
`try a focused case, as confirmed by our estimate of necessary days to conduct the trial, which is less
`than that of Reynolds.
`
`Regards,
`Will Orlady
`
`Will Orlady
`Pronouns: he/him/his
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW | Suite 1000 | Washington, D.C. 20004-1304
`D: +1.202.637.3391 | M: +1.213.760.6738
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Wednesday, June 2, 2021 2:02 PM
`To: Orlady, Will (DC) <Will.Orlady@lw.com>; Koh, Jennifer (SD) <Jennifer.Koh@lw.com>; #C-M
`PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`
`Will - -
`
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 751-3 Filed 06/22/21 Page 4 of 6 PageID# 20479
`
`Please provide support or authority for your position that Altria/PM are entitled to “judgment” on
`the defenses Reynolds no longer plans to pursue.
`
`In addition, we received no response to our inquiry last night (or from May 18) asking if
`Counterclaim-Plaintiffs intend to drop any of their asserted claims. Please confirm Counterclaim-
`Plaintiffs still intend to try all 45 asserted patent claims in the April 2022 jury trial.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Will.Orlady@lw.com <Will.Orlady@lw.com>
`Sent: Wednesday, June 2, 2021 11:35 AM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Jennifer.Koh@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`
`** External mail **
`
`Counsel,
`
`Please find attached a stipulated judgment memorializing the suggestion in your 6:46pm email last
`night that Reynolds will not pursue certain affirmative defenses and a related counterclaim at trial.
`Please let us know by 2 PM ET whether we have your consent to file. To be clear, we’re happy to
`consider non-substantive edits, but PMP/Altria are entitled to “judgment” and the stipulation will
`reflect that, so no need for edits on the form of the relief.
`
`Best,
`Will Orlady
`
`Will Orlady
`Pronouns: he/him/his
`
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW | Suite 1000 | Washington, D.C. 20004-1304
`D: +1.202.637.3391 | M: +1.213.760.6738
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Tuesday, June 1, 2021 6:46 PM
`To: Koh, Jennifer (SD) <Jennifer.Koh@lw.com>; #C-M PMIEDVA - LW TEAM
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 751-3 Filed 06/22/21 Page 5 of 6 PageID# 20480
`
`<pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`
`Jennifer - -
`
`Reynolds confirms it will not pursue a claim of inequitable conduct on the ‘545 patent. Reynolds
`does not withdraw the Liao reference as prior art to the ‘374 patent.
`
`With respect to the issues raised in your prior email, Reynolds will not pursue estoppel,
`acquiescence, waiver, or unclean hands with respect to the ‘911 patent; Reynolds will not pursue
`estoppel, acquiescence, waiver, or unclean hands with respect to the ‘556 patent; Reynolds will not
`pursue unclean hands with respect to the ‘545 patent; Reynolds will not pursue estoppel, waiver, or
`acquiescence with respect to the ‘374 patent; and Reynolds will not pursue estoppel, waiver, or
`acquiescence with respect to the ‘265 patent. Reynolds will not pursue its limitation on damages
`defense for the PMP patents. Reynolds will not pursue its extraterritorial claims defense.
`
`For its part, Reynolds intends to move for summary judgment of no willful infringement of any
`asserted patent and summary judgment of invalidity of the ‘374 patent. In addition, please confirm
`tonight if Counterclaim-Plaintiffs are dropping any claims or infringement theories from its
`infringement allegations for the ‘911 patent. Otherwise, Reynolds intends to move for summary
`judgment of noninfringement (literal or under the doctrine of equivalents) of the ‘911 patent. We
`assume Counterclaim-Plaintiffs oppose Reynolds’s motion. Otherwise, we are available to meet and
`confer at 9 am PT as you propose.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`77 West Wacker
`Chicago, Illinois 60601-1692
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Jennifer.Koh@lw.com <Jennifer.Koh@lw.com>
`Sent: Tuesday, June 1, 2021 3:16 PM
`To: RJREDVA <RJREDVA@jonesday.com>
`Cc: pmiedva.lwteam@lw.com
`Subject: RAI Strategic Holdings v. Altria Client Services (EDVa) - Summary Judgment
`
`** External mail **
`
`Counsel,
`
`Please confirm whether Reynolds will withdraw its claim of inequitable conduct on the
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 751-3 Filed 06/22/21 Page 6 of 6 PageID# 20481
`
`’545 patent, and whether Reynolds will withdraw the “Liao” reference as prior art to
`the ’374 patent. If Reynolds does not agree, we intend to seek summary judgment.
`Further, since Reynolds has not withdrawn its other affirmative defenses identified in
`our May 14 email, we plan to seek summary judgment on those defenses as well.
`We assume Reynolds opposes a motion for summary judgment on these issues,
`otherwise, please confirm your availability to meet and confer on these issues
`tomorrow at 9 a.m. PT.
`
`Regards,
`Jennifer
`
`Jennifer Koh
`
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`Direct Dial: +1.858.523.3949
`Email: jennifer.koh@lw.com
`https://www.lw.com
`
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