`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
`
`PHILIP MORRIS PRODUCTS S.A.,
`
`Plaintiff,
`
`V.
`
`RJ. REYNOLDS VAPOR COMPANY,
`
`Defendant.
`
`l:20-cv-393 (LMB/WEF)
`
`ORDER
`
`For the reasons stated in open court, R.J. Reynolds Vapor Company ("Reynolds")'s
`
`Motion for Entry of Judgment Under Rule 54(b) ("Motion") [Dkt. No. 1478] is GRANTED,
`
`Philip Morris Products S.A.'s ("Philip Morris) Cross-Motion to Lift the Stay as to U.S. Patent
`
`No. 9,901,123 [Dkt. No. 1483] is DENIED, and it is hereby
`
`ORDERED that because entry of final judgment under Fed. R. Civ. P. 58 was not proper
`
`given that Reynolds' claims have not been adjudicated and are stayed, the Order and Judgment
`
`entered on March 30,2023 [Dkt. Nos. 1456, 1557] be and are AMENDED to provide that the
`
`Order be and is certified as a final judgment under Fed. R. Civ. P. 54(b) and that the Court finds
`
`no just reason for delaying entry of judgment and appeal; and it is further
`
`ORDERED that Reynolds' claims as to United States Patent Nos. 9,901,123, 9,930,915,
`
`and 10,492,542 remain stayed until further order of this Court. The parties are directed to submit
`
`a status report within three (3) days of issuance of the United States Court of Appeals for the
`
`Federal Circuit's decision on the pending appeals.
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 1491 Filed 05/01/23 Page 2 of 2 PageID# 41699
`
`The Clerk is directed to amend the Judgment entered on March 30,2023 [Dkt. No. 1557]
`
`to a judgment pursuant to Fed. R. Civ. P. 54(b) and forward copies of this Order to counsel of
`
`record.
`
`Entered this I day of May, 2023.
`
`Alexandria, Virginia
`
`/s/
`'Hm
`Leonie M, Brinkema
`United States District Judge •« '
`
`.
`
`
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