`
`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.
`
`ALTRIA CLIENT SERVICES LLC; PHILIP
`MORRIS USA, INC.; and PHILIP MORRIS
`PRODUCTS S.A.,
`
`Defendants and Counterclaim Plaintiffs.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Case No. 1:20-cv-00393-LO-TCB
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`
`
`
`NOTICE OF FILING STIPULATIONS
`
`Plaintiffs RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor Company (collectively,
`
`“Reynolds”) hereby give notice that they have made the following stipulations in connection
`
`with pending inter partes review proceedings challenging two of the patents asserted by
`
`Defendants in this litigation:
`
`1.
`
`Reynolds has stipulated that, if the Patent Trial and Appeal Board (“PTAB”)
`
`institutes the pending inter partes review petition in IPR 2021-00585 challenging the
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`patentability of claims 1, 3-9, 15, 18, 20-21, and 25-26 of U.S. Patent Number 10,555,556, then
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`Reynolds will not pursue as to the challenged claims any ground raised or that could have been
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`reasonably raised in that IPR in this litigation (EDVA No. 1:20-cv-00393). See Exhibit 1.
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`2.
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`Reynolds has stipulated that, if the PTAB institutes the pending inter partes
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`review petition in IPR 2021-00586 challenging the patentability of claims 1 and 9-13 of U.S.
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`Patent Number 10,104,911, then Reynolds will not pursue as to the challenged claims any
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`
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`Case 1:20-cv-00393-LO-TCB Document 800 Filed 07/23/21 Page 2 of 4 PageID# 21186
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`ground raised or that could have been reasonably raised in that IPR in this litigation (EDVA No.
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`1:20-cv-00393). See Exhibit 2.
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`3.
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`Reynolds notified the PTAB of these stipulations and requested authorization to
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`memorialize the stipulations in the PTAB files to make them of record in the pending IPRs. The
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`PTAB authorized Reynolds “to file the stipulation into the records of IPR2021-00585 and
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`IPR2021-00586 only after the stipulation has been filed in the district court.” See Exhibit 3
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`(correspondence with the PTAB).
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`4.
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`Consequently, Reynolds hereby files the stipulations (see Exhibits 1-3) as directed
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`by the PTAB.
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`
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`Dated: July 23, 2021
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`
`Stephanie E. Parker
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, GA 30309
`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
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`
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`
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`Respectfully submitted,
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`
`
`
` /s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`Ryan B. McCrum
`JONES DAY
`901 Lakeside Ave.
`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
`Telephone: (212) 326-3939
`Facsimile: (212) 755-7306
`Email: jjnormile@jonesday.com
`
`Alexis A. Smith
`JONES DAY
`555 South Flower Street
`Fiftieth Floor
`
`2
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`
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`Case 1:20-cv-00393-LO-TCB Document 800 Filed 07/23/21 Page 3 of 4 PageID# 21187
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`Telephone: (312) 269-4240
`Facsimile: (312) 782-8585
`Email: wdevitt@jonesday.com
`
`Sanjiv P. Laud
`JONES DAY
`90 South Seventh Street
`Suite 4950
`Minneapolis, Minnesota 55402
`Telephone: (612) 217-8800
`Facsimile: (844) 345-3178
`Email: slaud@jonesday.com
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`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 Avenue, 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
`
`
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`3
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`
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`Case 1:20-cv-00393-LO-TCB Document 800 Filed 07/23/21 Page 4 of 4 PageID# 21188
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`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 23rd day of July, 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.
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`
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`
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`
`
`/s/ David M. Maiorana
`David M. Maiorana (VA Bar No. 42334)
`JONES DAY
`901 Lakeside Ave.
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`Email: dmaiorana@jonesday.com
`
`Counsel for Plaintiffs RAI Strategic Holdings,
`Inc. and R.J. Reynolds Vapor Company
`
`
`
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`
`
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