Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 1 of 9 PageID# 22793
`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 1 of 9 PagelD# 22793
`
`EXHIBIT 2
`EXHIBIT 2
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`

`

`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 2 of 9 PageID# 22794
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`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. 1:20cv00393-LO-TCB
`
`RAI STRATEGIC HOLDINGS, INC. AND R.J. REYNOLDS VAPOR COMPANY’S
`FIRST SUPPLEMENTAL RESPONSES TO ALTRIA CLIENT SERVICES LLC, PHILIP
`MORRIS USA, INC., AND PHILIP MORRIS PRODUCTS S.A.’S THIRD SET OF
`REQUESTS FOR ADMISSION (NOS. 108-111)
`
`Pursuant to Federal Rules of Civil Procedure 26 and 36, RAI Strategic Holdings, Inc. and
`
`R.J. Reynolds Vapor Company (collectively, “Reynolds”) hereby further respond to Altria Client
`
`Services LLC, Philip Morris USA, Inc., and Philip Morris Products S.A.’s (collectively,
`
`“Defendants” or “Counterclaim Plaintiffs”) Third Set of Requests for Admission (Nos. 108-111)
`
`as follows.
`
`PRELIMINARY STATEMENT AND OBJECTIONS TO DEFINITIONS AND
`INSTRUCTION
`
`Reynolds incorporates and reiterates its preliminary statement and objections to the
`
`Definitions and Instructions.
`
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 3 of 9 PageID# 22795
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`REQUESTS FOR ADMISSION
`
`REQUEST FOR ADMISSION NO. 108:
`
`Admit that JUUL makes, uses, sells, offers for sale, and/or imports into the United States
`
`and has made, used, sold, offered for sale, and/or imported into the United States one or more
`Products that practices one or more claims of the ’545 Patent.
`
`OBJECTIONS:
`
`
`Reynolds objects to this Request to the extent it requires Reynolds to admit or deny the
`Request based on information that is not in Reynolds’s possession. Reynolds objects to this
`Request as seeking disputed legal and factual contentions. Reynolds objects to this Request as an
`improper substitute for discovery devices such as interrogatories or requests for production. See
`Erie Ins. Prop. & Cas. Co. v. Johnson, 272 F.R.D. 177, 183 (S.D. W. Va. 2010) (noting that Rule
`36(a) requests “are not a discovery device” (quoting Harris v. Koenig, 271 F.R.D. 356, 372
`(D.D.C. 2010))). Reynolds objects to this Request as an improper compound request.
`
`RESPONSE:
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds admits that JUUL makes, uses, sells, offers for sale, and/or
`imports into the United States and has made, used, sold, offered for sale, and/or imported into the
`United States one or more Products that practices one or more claims of the ’545 Patent as those
`claims are construed and asserted by Defendants.
`
`FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 108 (Mar.
`
`29, 2021):
`
`
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds further responds:
`
`
`
`Reynolds admits that JUUL makes, uses, sells, offers for sale, and/or imports into the
`
`United States and has made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as those claims are
`
`construed and asserted by Defendants. See March 24, 2021 Expert Report of Travis Blalock
`
`¶¶ 159-67; see also Reynolds’s Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`
`
`2
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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`

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`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 4 of 9 PageID# 22796
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`
`
`Reynolds denies that JUUL makes, uses, sells, offers for sale, and/or imports into the
`
`United States and has made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as Reynolds applies the
`
`claims. See March 24, 2021 Expert Report of Travis Blalock ¶¶ 159-67; see also Reynolds’s
`
`Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`REQUEST FOR ADMISSION NO. 109:
`
`Admit that JUUL makes, uses, sells, offers for sale, and/or imports into the United States
`
`or has made, used, sold, offered for sale, and/or imported into the United States one or more
`Products that practices one or more claims of the ’545 Patent.
`
`OBJECTIONS:
`
`
`Reynolds objects to this Request to the extent it requires Reynolds to admit or deny the
`Request based on information that is not in Reynolds’s possession. Reynolds objects to this
`Request as seeking disputed legal and factual contentions. Reynolds objects to this Request as an
`improper substitute for discovery devices such as interrogatories or requests for production. See
`Erie Ins. Prop. & Cas. Co. v. Johnson, 272 F.R.D. 177, 183 (S.D. W. Va. 2010) (noting that Rule
`36(a) requests “are not a discovery device” (quoting Harris v. Koenig, 271 F.R.D. 356, 372
`(D.D.C. 2010))). Reynolds objects to this Request as an improper compound request.
`
`RESPONSE:
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds admits that JUUL makes, uses, sells, offers for sale, and/or
`imports into the United States or has made, used, sold, offered for sale, and/or imported into the
`United States one or more Products that practices one or more claims of the ’545 Patent as those
`claims are construed and asserted by Defendants.
`
`FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 109 (Mar.
`
`29, 2021):
`
`
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds further responds:
`
`
`
`3
`
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 5 of 9 PageID# 22797
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`
`
`Reynolds admits that JUUL makes, uses, sells, offers for sale, and/or imports into the
`
`United States and has made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as those claims are
`
`construed and asserted by Defendants. See March 24, 2021 Expert Report of Travis Blalock
`
`¶¶ 159-67.
`
`
`
`Reynolds denies that JUUL makes, uses, sells, offers for sale, and/or imports into the
`
`United States and has made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as Reynolds applies the
`
`claims. See March 24, 2021 Expert Report of Travis Blalock ¶¶ 159-67; see also Reynolds’s
`
`Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`REQUEST FOR ADMISSION NO. 110:
`
`Admit that JUUL does not make, use, sell, offer for sale, and/or import into the United
`
`States and has not made, used, sold, offered for sale, and/or imported into the United States one or
`more Products that practices one or more claims of the ’545 Patent.
`
`OBJECTIONS:
`
`
`Reynolds objects to this Request to the extent it requires Reynolds to admit or deny the
`Request based on information that is not in Reynolds’s possession. Reynolds objects to this
`Request as seeking disputed legal and factual contentions. Reynolds objects to this Request as an
`improper substitute for discovery devices such as interrogatories or requests for production. See
`Erie Ins. Prop. & Cas. Co. v. Johnson, 272 F.R.D. 177, 183 (S.D. W. Va. 2010) (noting that Rule
`36(a) requests “are not a discovery device” (quoting Harris v. Koenig, 271 F.R.D. 356, 372
`(D.D.C. 2010))). Reynolds objects to this Request as an improper compound request.
`
`RESPONSE:
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds denies that JUUL does not make, use, sell, offer for sale,
`and/or import into the United States and has not made, used, sold, offered for sale, and/or imported
`into the United States one or more Products that practices one or more claims of the ’545 Patent
`as those claims are construed and asserted by Defendants.
`
`
`
`
`
`4
`
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 6 of 9 PageID# 22798
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`
`
`FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 110 (Mar.
`
`29, 2021):
`
`
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds further responds:
`
`
`
`Reynolds denies that JUUL does not make, use, sell, offer for sale, and/or import into the
`
`United States and has not made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as those claims are
`
`construed and asserted by Defendants. See March 24, 2021 Expert Report of Travis Blalock
`
`¶¶ 159-67; see also Reynolds’s Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`
`
`Reynolds admits that JUUL does not make, use, sell, offer for sale, and/or import into the
`
`United States and has not made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as Reynolds applies the
`
`claims. See March 24, 2021 Expert Report of Travis Blalock ¶¶ 159-67; see also Reynolds’s
`
`Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`REQUEST FOR ADMISSION NO. 111:
`
`Admit that JUUL does not make, use, sell, offer for sale, and/or import into the United
`
`States or has not made, used, sold, offered for sale, and/or imported into the United States one or
`more Products that practices one or more claims of the ’545 Patent.
`
`OBJECTIONS:
`
`
`Reynolds objects to this Request to the extent it requires Reynolds to admit or deny the
`Request based on information that is not in Reynolds’s possession. Reynolds objects to this
`Request as seeking disputed legal and factual contentions. Reynolds objects to this Request as an
`improper substitute for discovery devices such as interrogatories or requests for production. See
`Erie Ins. Prop. & Cas. Co. v. Johnson, 272 F.R.D. 177, 183 (S.D. W. Va. 2010) (noting that Rule
`
`
`
`5
`
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 7 of 9 PageID# 22799
`
`36(a) requests “are not a discovery device” (quoting Harris v. Koenig, 271 F.R.D. 356, 372
`(D.D.C. 2010))). Reynolds objects to this Request as an improper compound request.
`
`RESPONSE:
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds denies that JUUL does not make, use, sell, offer for sale,
`and/or import into the United States or has not made, used, sold, offered for sale, and/or imported
`into the United States one or more Products that practices one or more claims of the ’545 Patent
`as those claims are construed and asserted by Defendants.
`
`FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 111 (Mar.
`
`29, 2021):
`
`
`
`Subject to and without waiving its objections, based upon Reynolds’s reasonable inquiry
`
`and on information and belief, Reynolds further responds:
`
`
`
`Reynolds denies that JUUL does not make, use, sell, offer for sale, and/or import into the
`
`United States and has not made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as those claims are
`
`construed and asserted by Defendants. See March 24, 2021 Expert Report of Travis Blalock
`
`¶¶ 159-67; see also Reynolds’s Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`
`
`Reynolds admits that JUUL does not make, use, sell, offer for sale, and/or import into the
`
`United States and has not made, used, sold, offered for sale, and/or imported into the United States
`
`one or more Products that practices one or more claims of the ’545 Patent as Reynolds applies the
`
`claims. See March 24, 2021 Expert Report of Travis Blalock ¶¶ 159-67; see also Reynolds’s
`
`Supplemental Response to Interrogatory No. 28 (Mar. 29, 2021).
`
`
`
`6
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 8 of 9 PageID# 22800
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`Dated: March 29, 2021
`
`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
`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
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/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
`
`
`
`
`
`7
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
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`

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`Case 1:20-cv-00393-LO-TCB Document 846-2 Filed 01/21/22 Page 9 of 9 PageID# 22801
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`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on March 29, 2021, the foregoing was served on counsel for
`
`Defendants/Counterclaim Plaintiffs using
`
`the
`
`following designated
`
`email
`
`address:
`
`pmiedva.lwteam@lw.com.
`
`
`
`
`
`Dated: March 29, 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
`
`
`
`
`
`
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER
`
`