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No. 6534 ORDER #133-REMAND referring the in camera review of Chambers' Files documents to Magistrate ...

Document USA v. PHILIP MORRIS USA, et al , 1:99-cv-02496, No. 6534 (D.D.C. Dec. 5, 2023)
The Court has previously set forth procedures for the review and disposition of the documents stored in the Minnesota Tobacco Document Depository (“the Depository”).
For a specific subset of documents — the Chambers’ Files from Judge Fitzpatrick’s chambers in the Minnesotalitigation (“Chambers’ Files”) — the Court ordered the defendants and non-party entities to “securely transmit to the Court copies of all documents that have been designated as privileged or otherwise shielded from public disclosure for in camera review.” Memorandum Opinion and Order #1 20 — Remand [Dkt. No. 6480] at 2.
The entities have since produced to the Court the documents that have been designated as privileged or shielded from public disclosure, as well as corresponding privilege logs.
It is hereby ORDEREDthat the in camera review ofthe Chambers’ Files documents is referred to Magistrate Judge Moxila Upadhyayafor a report and recommendations,if necessary, about the appropriate disposition of the remaining documents, including whether any documents previously designatedas privileged or otherwise shielded from public disclosure are appropriate for public disclosure.
United States District Judge
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No. 6528 OPINION granting 6325 Plaintiffs' Motion for Clarification Regarding the Application of Order ...

Document USA v. PHILIP MORRIS USA, et al , 1:99-cv-02496, No. 6528 (D.D.C. Jul. 14, 2023)
The Tobacco Control Act “imposed stringent restrictions on the conduct of cigarette manufacturers” and “limited marketing by prohibiting distribution of branded merchandise, false or misleading labeling, and claims of reduced risk of harm (such as the use of descriptors like ‘light’ or ‘mild’) without prior approval of the FDA.” United States v. Philip Morris USA Inc., 686 F.3d at 835.
They argued: (1) that the Tobacco Control Act’s restrictions “eliminated any ‘reasonable likelihood’ they would commit future RICO violations;” and (2) that “the court should vacate the injunctions out of deference to the FDA’s newfound primary jurisdiction over cigarette sales and marketing.” United States v. Philip Morris USA Inc., 686 F.3d at 835.
The modified-risk authorization must be periodically renewed and is conditioned on Philip Morris submitting HeatSticks’ promotional materials for FDA review and completing extensive data collection “concerning consumers’ behavior in relation to the IQOS system, including as to younger populations.” Id. at 11.
Judge Kessler discussed these products in the context of the government’s claim that the tobacco manufacturers deliberately chose not to “develop and market less hazardous cigarettes” to avoid “undermin[ing] the commercial viability of their existing brands.” United States v. Philip Morris USA, Inc., 449 F. Supp.
After the Tobacco Control Act was enacted, Judge Kessler declined to vacate Order #1015 despite the manufacturers’ argument that “court-ordered relief would interfere with the implementation of the agency’s expert regulatory judgment.” United States v. Philip Morris USA, Inc., 787 F. Supp.
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No. 6527 ORDER #131-REMAND granting 6325 Plaintiffs' Motion for Clarification Regarding the Application ...

Document USA v. PHILIP MORRIS USA, et al , 1:99-cv-02496, No. 6527 (D.D.C. Jul. 14, 2023)
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No. 6526 OPINION granting the 6445 Public Health Intervenors' Motion to Clarify and Amend Order #1015

Document USA v. PHILIP MORRIS USA, et al , 1:99-cv-02496, No. 6526 (D.D.C. Jun. 19, 2023)
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No. 6525 ORDER #130-REMAND granting the 6445 Public Health Intervenors' Motion to Clarify and Amend ...

Document USA v. PHILIP MORRIS USA, et al , 1:99-cv-02496, No. 6525 (D.D.C. Jun. 19, 2023)
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DISPLAY DEVICE WITH LOW REFRACTIVE LAYER DISPOSED ON COLOR CONV...

Docket 18/333,701, U.S. Patent Application (June 13, 2023)
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DISPLAY DEVICE

Docket 18/302,064, U.S. Patent Application (Apr. 18, 2023)
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ORGANIC LIGHT EMITTING DIODE DISPLAY DEVICE

Docket 18/301,345, U.S. Patent Application (Apr. 17, 2023)
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