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Case 1:20-cv-00393-LO-TCB Document 772 Filed 07/02/21 Page 1 of 4 PageID# 20738
`
`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,
`
`
`
`
`
`
`
`v.
`
`Case No.: 1:20cv00393-LO-TCB
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
`
`
`
`Defendants and Counterclaim Plaintiffs.
`
`
`REYNOLDS’S AMENDED TRIAL EXHIBIT LIST
`
`Pursuant to Federal Rule of Civil Procedure 26(a)(3) and the Court’s Scheduling Orders
`
`(Dkt. Nos. 97, 99, 461, 535, and 680), R.J. Reynolds Vapor Company (“Reynolds”) submits the
`
`amended list of exhibits attached as Exhibit A that Reynolds intends to offer in the trial on claims
`
`related to United States Patent Numbers 6,803,545, 9,814,265, 10,104,911, 10,420,374, and
`
`10,555,556 asserted by Altria Client Services LLC (“ACS”), Philip Morris USA, Inc. (“PM
`
`USA”), and Philip Morris Products S.A. (“PMP”), other than those solely for impeachment or
`
`rebuttal. Reynolds reserves the right to submit a new, amended, or supplemental list of exhibits
`
`on issues related to PMP’s equitable claim for injunctive relief as discovery is ongoing. Reynolds
`
`also reserves the right to submit a new, amended, or supplemental list of exhibits for subsequent
`
`trial on claims related to Reynolds’s United States Patent Nos. 9,814,238, 9,901,123, 9,930,915,
`
`and 10,492,542. Reynolds reserves the right to offer, or not offer, as an exhibit at trial any item
`
`listed herein. Reynolds reserves the right to object to the offering as an exhibit at trial any item
`
`listed herein by ACS, PM USA, and PMP. Reynolds reserves the right to offer as an exhibit at
`
`
`
`
`
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 772 Filed 07/02/21 Page 2 of 4 PageID# 20739
`
`trial any item designated by ACS, PM USA, and PMP or listed by ACS, PM USA, and PMP on
`
`their exhibit list. Reynolds reserves the right to offer for rebuttal or impeachment items that are
`
`not identified on this list.
`
`Reynolds also reserves the right to supplement, amend, or otherwise modify this exhibit
`
`list as appropriate, including but not limited to the right to supplement this list with any late-
`
`produced or late-served documents or based on ACS, PM USA, and PMP’s trial presentation, as
`
`may be appropriate. Inclusion on this list is neither an admission nor a representation as to the
`
`admissibility of or relevance to any issue of any item. Reynolds’s identification of exhibits is
`
`subject to and without waiver of its motions in limine, motions to exclude certain evidence,
`
`Daubert motions and challenges to experts, and any dispositive motions, including Reynolds’s
`
`Motion for Partial Summary Judgment dated June 2, 2021. By listing an item, Reynolds is neither
`
`representing nor admitting that it has the burden of proof on any topic to which that item relates.
`
`Reynolds reserves the right to offer demonstratives for opening statements and closing argument,
`
`and to use demonstratives during witness examinations. Reynolds reserves the right to present
`
`excerpts from any exhibit identified on either party’s exhibit list as a demonstrative at trial as
`
`appropriate. Reynolds reserves the right to request redaction of any of the exhibits.
`
`
`
`
`
`
`
`2
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 772 Filed 07/02/21 Page 3 of 4 PageID# 20740
`
`Dated: July 2, 2021
`
`Respectfully submitted,
`
`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
`
`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
`
`
`
`
`
`
`
`
`/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
`
`John J. Normile
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Tel: (212) 326-3939
`Fax: (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
`
`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
`
`Counsel for Plaintiffs RAI Strategic Holdings, Inc.
`and R.J. Reynolds Vapor Company
`
`
`
`
`3
`
`
`
`
`
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 772 Filed 07/02/21 Page 4 of 4 PageID# 20741
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on July 2, 2021, a true and correct copy of the foregoing was served
`
`using the Court’s CM/ECF system, with electronic notification of such filing to all counsel of
`
`record.
`
`
`
`Dated: July 2, 2021
`
`
`
`
`
`
`
`
`
`
`/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
`
`
`4
`
`

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