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`Washington, D.C.
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`
`In the Matter of
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`CERTAIN VAPORIZER DEVICES,
`CARTRIDGES USED THEREWITH, AND
`COMPONENTS THEREOF
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`
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`INV. NO. 337-TA-1368
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`ORDER NO. 7:
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`
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`PROCEDURAL SCHEDULE
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`(September 6, 2023)
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`Complainants JUUL Labs, Inc.; and VMR Products LLC, and respondents NJOY, LLC;
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`NJOY Holdings, Inc.; Altria Group, Inc.; Altria Group Distribution Company; and Altria Client
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`Services LLC, and the Commission Investigative Staff submitted a proposed procedural schedule
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`on August 30, 2023, in response to Order No. 4. The proposed schedule was discussed during a
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`preliminary conference held on August 31, 2023. Following that discussion, this investigation will
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`be conducted based on the following schedule.
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`Event
`Monthly case management conference
`Initial deadline for responses to contention
`interrogatories on issues for which the responding party
`bears the burden of proof
`Initial deadline for responses to contention
`interrogatories on issues for which the responding party
`does not bear the burden of proof
`Exchange list of claim terms to be construed
`Exchange proposed constructions for all terms on all
`lists
`Monthly case management conference
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`Date
`September 28, 2023, 1:00 p.m. ET
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`October 3, 2023
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`October 17, 2023
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`October 18, 2023
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`October 25, 2023
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`October 26, 2023, 1:00 p.m. ET
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`
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`Meet and confer to limit claim construction disputes
`File chart of agreed and disputed constructions
`File identification of expert witnesses, including their
`expertise and curriculum vitae
`File notice of prior art
`File opening claim construction briefs
`Monthly case management conference
`File responsive claim construction briefs
`Submit claim construction hearing exhibits and
`demonstratives
`Claim construction hearing and monthly case
`management conference
`File tentative list of witnesses a party will call to testify
`at the hearing, with an identification of each witness’s
`relationship to the party
`Deadline for motions to compel discovery
`Cut-off date for supplements to contention
`interrogatories on issues for which the responding party
`bears the burden of proof
`Cut-off date for supplements to contention
`interrogatories on issues for which the responding party
`does not bear the burden of proof
`Fact discovery cutoff and completion
`Exchange initial expert reports (identify
`tests/surveys/data)
`Monthly case management conference
`Exchange rebuttal expert reports
`Deadline for filing summary determination motions
`Expert discovery cutoff and completion
`Exchange of exhibit lists among the parties
`Complainant and respondent serve proposed direct
`exhibits, including direct demonstrative exhibits, and
`identify physical exhibits
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`
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`2
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`October 31, 2023
`November 7, 2023
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`November 9, 2023
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`November 14, 2023
`November 16, 2023
`November 29, 2023, 1:00 p.m. ET
`December 5, 2023
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`December 15, 2023, 12:00 p.m. ET
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`December 18, 2023, 9:00 a.m. ET
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`December 20, 2023
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`January 5, 2024
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`January 5, 2024
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`January 12, 2024
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`January 12, 2024
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`January 19, 2024
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`January 31, 2024, 1:00 p.m. ET
`January 31, 2024
`March 1, 2024
`February 16, 2024
`March 13, 2024
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`March 18, 2024
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`
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`Commission investigative attorney serves proposed
`direct exhibits, including direct demonstrative exhibits,
`and identifies physical exhibits
`Monthly case management conference
`Serve proposed rebuttal exhibits, including rebuttal
`demonstrative exhibits, and identify rebuttal physical
`exhibits
`All parties file pre-hearing statements and briefs
`File joint list of unopposed exhibits
`One-day mediation session
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`Submit joint report on mediation
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`Deadline for motions in limine
`File responses to motions in limine
`Final prehearing conference
`Evidentiary Hearing
`File final exhibit list
`All parties file initial post-hearing briefs and submit
`final exhibits (original set)
`All parties file responsive post-hearing briefs
`Final initial determination on violation
`Target date for completion of investigation (16-
`month target date)
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`SO ORDERED.
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`March 19, 2024
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`March 6, 2024, 1:00 p.m. ET
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`March 21, 2024
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`March 26, 2024
`March 28, 2024
`By March 15, 2024
`Within five business days after
`mediation
`April 2, 2024
`April 9, 2024
`May 2, 2024, 9:00 a.m. ET
`May 2-9, 2024
`May 16, 2024
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`May 23, 2024
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`June 5, 2024
`August 9, 2024
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`December 9, 2024
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`3
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