Philip Morris Products S.A. v. ITC
PHILIP MORRIS PRODUCTS S.A., PHILIP MORRIS USA, INC. and ALTRIA CLIENT SERVICES LLC |
INTERNATIONAL TRADE COMMISSION |
RAI STRATEGIC HOLDINGS, INC., R.J. REYNOLDS VAPOR COMPANY and R.J. REYNOLDS TOBACCO COMPANY |
22-1227 |
December 7, 2021 |
U.S. Court of Appeals, Federal Circuit |
Other |
Opinions
We have the following opinions for this case:
Description |
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Philip Morris Products S.A. v. International Trade Commission |
Docket Report
This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 74 Mandate issued to the United States International Trade Commission. Service as of this date by the Clerk of Court. [924873] [MVH] [Entered: 05/22/2023 11:13 AM] |
Filing 73 JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . Service as of this date by the Clerk of Court. [913535] [MVH] [Entered: 03/31/2023 10:26 AM] |
Filing 72 OPINION filed for the court by Prost, Circuit Judge; Reyna, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [913533] [MVH] [Entered: 03/31/2023 10:26 AM] |
Filing 71 Submitted after ORAL ARGUMENT to Panel: Prost, Circuit Judge; Reyna, Circuit Judge and Stoll, Circuit Judge. Arguing counsel: Gregory G. Garre for Philip Morris USA, Inc., Philip Morris Products S.A. and Altria Client Services LLC, Lynde Faun Herzbach for ITC and Gregory A. Castanias for R.J. Reynolds Vapor Company, RAI Strategic Holdings, Inc. and R.J. Reynolds Tobacco Company. Oral Argument Audio available # here . [875340] [MJL] [Entered: 10/03/2022 12:01 PM] |
Filing 70 Response to notice of oral argument from Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC. Service: 09/01/2022 by email. [869587] [22-1227] [Gregory Garre] [Entered: 09/01/2022 05:08 PM] |
Filing 69 Response to notice of oral argument from Appellee ITC. Service: 09/01/2022 by email. [869508] [22-1227] [Lynde Herzbach] [Entered: 09/01/2022 01:56 PM] |
Filing 68 Response to notice of oral argument from Intervenors R.J. Reynolds Tobacco Company, RAI Strategic Holdings, Inc. and R.J. Reynolds Vapor Company. Service: 09/01/2022 by email. [869501] [22-1227] [Gregory Castanias] [Entered: 09/01/2022 01:34 PM] |
Filing 67 NOTICE OF ORAL ARGUMENT. Panel: 2210C. Case scheduled October 3, 2022. Response to Notice of Oral Argument due: 09/06/2022. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . Service as of this date by the Clerk of Court. [867622] [MVH] [Entered: 08/22/2022 02:41 PM] |
Filing 65 The following conflict dates submitted by Lynde Faun Herzbach for ITC have been accepted by the court: 11/01/2022, 11/02/2022. [863250] [MJL] [Entered: 07/27/2022 08:28 AM] |
Filing 64 Notice from Appellee ITC regarding conflicts with oral argument. Service: 07/26/2022 by email. [863177] [22-1227] [Lynde Herzbach] [Entered: 07/26/2022 03:20 PM] |
Filing 63 Notice from Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC regarding conflicts with oral argument. Service: 07/26/2022 by email. [863138] [22-1227] [Gregory Garre] [Entered: 07/26/2022 01:53 PM] |
Filing 62 Notice from Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc. regarding conflicts with oral argument. Service: 07/26/2022 by email. [863112] [22-1227] [Gregory Castanias] [Entered: 07/26/2022 12:29 PM] |
Filing 66 6 paper copies of Doc. No. [ # 51 ] received from Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. [863323] [VDW] [Entered: 07/27/2022 11:31 AM] |
Filing 61 6 paper copies of Doc. No. [ # 45 ] received from Appellee ITC. [862859] [VDW] [Entered: 07/25/2022 01:53 PM] |
Filing 60 6 paper copies of Doc. No. [ # 56 ], [ # 52 ], [ # 38 ] received from Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. [862858] [VDW] [Entered: 07/25/2022 01:40 PM] |
Filing 59 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [862114] [KMH] [Entered: 07/20/2022 03:20 PM] |
Filing 58 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [862113] [KMH] [Entered: 07/20/2022 03:17 PM] |
Filing 57 MODIFIED ENTRY: APPENDIX FILED by Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 07/15/2022 by email. [861407] --[Edited 07/20/2022 by KMH - compliance review complete] [Gregory Garre] [Entered: 07/15/2022 10:08 PM] |
Filing 56 MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 07/15/2022 by email. [861399]--[Edited 07/20/2022 by KMH - compliance review complete] [Gregory Garre] [Entered: 07/15/2022 07:34 PM] |
Filing 55 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Altria Client Services LLC, Philip Morris Products S.A., Philip Morris USA, Inc. and Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 07/15/2022 by email. [861397] [22-1227] [Gregory Garre] [Entered: 07/15/2022 07:26 PM] |
Filing 54 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellants Altria Client Services LLC, Philip Morris USA, Inc. and Philip Morris Products S.A.. Service: 07/15/2022 by email. [861395] [22-1227] [Gregory Garre] [Entered: 07/15/2022 07:14 PM] |
Filing 53 Amended Certificate of Interest for Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC. Service: 07/11/2022 by email. [860079] [22-1227] [Gregory Garre] [Entered: 07/11/2022 09:14 AM] |
Filing 52 MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 07/08/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [860041] --[Edited 07/12/2022 by KMH - compliance review complete] [Gregory Garre] [Entered: 07/08/2022 07:23 PM] |
Filing 51 MODIFIED ENTRY: CORRECTED CONFIDENTIAL INTERVENOR BRIEF FILED by Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 06/29/2022 by email. [858096]--[Edited 07/01/2022 by JCW - compliance review complete] [Gregory Castanias] [Entered: 06/29/2022 10:45 AM] |
Filing 50 MODIFIED ENTRY: CORRECTED INTERVENOR BRIEF FILED by Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 06/29/2022 by email. [858094] --[Edited 07/01/2022 by JCW - compliance review complete] [Gregory Castanias] [Entered: 06/29/2022 10:43 AM] |
Filing 49 Amended Certificate of Interest for Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 06/29/2022 by email. [858092] [22-1227] [Gregory Castanias] [Entered: 06/29/2022 10:40 AM] |
Filing 48 NOTICE OF NON-COMPLIANCE: The submission of Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc., Confidential and Nonconfidential Intervenor Briefs [ # 47 ], [46], is not in compliance with the rules of this court (see attached). Compliant document due on 06/30/2022. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [857047] [KMH] [Entered: 06/23/2022 02:59 PM] |
Filing 47 RESPONSE BRIEF FILED by Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 06/17/2022 by email. [856311] [22-1227] This document is non-compliant. See Doc No. [ # 48 ] [Gregory Castanias] [Entered: 06/17/2022 04:14 PM] |
Filing 46 CONFIDENTIAL RESPONSE BRIEF FILED by Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 06/17/2022 by email. [856308] [22-1227] This document is non-compliant. See Doc No. [ # 48 ] [Gregory Castanias] [Entered: 06/17/2022 04:12 PM] |
Filing 45 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee ITC. Service: 06/17/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [856194] --[Edited 06/23/2022 by KMH - compliance review complete] [Lynde Herzbach] [Entered: 06/17/2022 01:38 PM] |
Filing 44 Entry of appearance for Amelia A. DeGory as counsel for Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 06/17/2022 by email. [856182] [22-1227] [Amelia DeGory] [Entered: 06/17/2022 12:58 PM] |
Filing 43 ORDER granting motion to extend time to file brief [ # 40 ] filed by Appellee ITC. The response brief is due 06/17/2022. The intervenors' brief is due 06/17/2022. Service as of this date by the Clerk of Court. [842427] [LMS] [Entered: 04/11/2022 03:22 PM] |
Filing 42 Letter from Appellee ITC re: ITC's Motion to Extend. Service: 04/04/2022 by email. [840875] [22-1227] [Lynde Herzbach] [Entered: 04/04/2022 04:56 PM] |
Filing 41 RESPONSE of Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC to Doc No. [ # 40 ]. Service: 04/04/2022 by email. [840786] [22-1227] [Gregory Garre] [Entered: 04/04/2022 03:24 PM] |
Filing 40 MOTION of Appellee ITC to extend the time to 06/17/2022 to file brief. Service: 04/04/2022 by email. [840780] [22-1227] [Lynde Herzbach] [Entered: 04/04/2022 03:13 PM] |
Filing 39 MODIFIED ENTRY: OPENING BRIEF FILED by Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 03/21/2022 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [838130] --[Edited 03/23/2022 by KMH - compliance review complete] [Gregory Garre] [Entered: 03/21/2022 10:00 PM] |
Filing 38 MODIFIED ENTRY: CONFIDENTIAL OPENING BRIEF FILED by Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 03/21/2022 by email. [838129]--[Edited 03/23/2022 by KMH - compliance review complete] [Gregory Garre] [Entered: 03/21/2022 09:53 PM] |
Filing 37 Amended Certificate of Interest for Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC. Service: 03/21/2022 by email. [838128] [22-1227] [Gregory Garre] [Entered: 03/21/2022 09:05 PM] |
Filing 36 Entry of appearance for Jamie D. Underwood as counsel for Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC. Service: 03/21/2022 by email. [838127] [22-1227] [Jamie Underwood] [Entered: 03/21/2022 09:02 PM] |
Filing 35 ORDER filed denying [ # 30 ] motion filed by Appellants. Service as of this date by the Clerk of Court. [831749] [NL] [Entered: 02/16/2022 03:46 PM] |
Filing 34 REPLY of Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc. to response [ # 32 ], response [ # 33 ]. Service: 02/09/2022 by email. [830190] [22-1227] [Gregory Garre] [Entered: 02/09/2022 02:22 PM] |
Filing 33 RESPONSE of Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc. to Doc No. [ # 30 ], [ # 30 ]. Service: 02/08/2022 by email. [829872] [22-1227] [David Maiorana] [Entered: 02/08/2022 04:38 PM] |
Filing 32 RESPONSE of Appellee ITC to Doc No. [ # 30 ], [ # 30 ]. Service: 02/08/2022 by email. [829821] [22-1227] [Lynde Herzbach] [Entered: 02/08/2022 04:08 PM] |
Filing 31 ORDER Any response to the motion shall be filed no later than February 8, 2022. Any reply in support is due no later than February 11, 2022. Service as of this date by the Clerk of Court. [828246] [LMS] [Entered: 02/01/2022 10:12 AM] |
Filing 30 MOTION of Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc. to expedite briefing schedule, to expedite hearing. Service: 01/31/2022 by email. [828127] [22-1227] [Gregory Garre] [Entered: 01/31/2022 06:15 PM] |
Filing 29 Amended Certificate of Interest for Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 01/31/2022 by email. [828120] [22-1227] [Gregory Garre] [Entered: 01/31/2022 05:59 PM] |
Filing 28 ORDER filed denying [ # 5 ] motion for stay pending appeal under Rule 8/18 filed by Philip Morris USA, Inc., Philip Morris Products S.A. and Altria Client Services LLC. (Per Curiam). Service as of this date by the Clerk of Court. [826750] [LMS] [Entered: 01/25/2022 11:42 AM] |
Filing 27 Certified list received. Service: 01/18/2022 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [825956] [KMH] [Entered: 01/21/2022 11:58 AM] |
Filing 26 Letter from Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc. Regarding ITC Denial of Motion to Stay. Service: 01/20/2022 by email. [825836] [22-1227] [Gregory Garre] [Entered: 01/20/2022 07:31 PM] |
Filing 25 RESPONSE of Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc. to Doc No. [ # 24 ]. Service: 01/13/2022 by email. [824343] [22-1227] [Gregory Castanias] [Entered: 01/13/2022 10:01 AM] |
Filing 24 Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 01/12/2022 by email. [824296] [22-1227] [Gregory Garre] [Entered: 01/12/2022 05:37 PM] |
Filing 23 Docketing Statement for the Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 01/06/2022 by email. [823082] [22-1227] [Gregory Garre] [Entered: 01/06/2022 01:20 PM] |
Filing 22 Docketing Statement for the Appellee ITC. Service: 01/05/2022 by email. [822877] [22-1227] [Lynde Herzbach] [Entered: 01/05/2022 02:55 PM] |
Filing 21 ORDER filed holding in abeyance motion for stay pending appeal under Rule 8/18 [ # 5 ] pending further notice from the court. The appellants should promptly inform this court when the Commission acts on the motion for a stay pending before it. (Per Curiam). Service as of this date by the Clerk of Court. [821975] [LMS] [Entered: 12/30/2021 11:17 AM] |
Filing 20 Docketing Statement for the Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc.. Service: 12/21/2021 by email. [820217] [22-1227] [Gregory Castanias] [Entered: 12/21/2021 12:28 PM] |
Filing 19 Confidential Reply in Support of Emergency Motion to Stay Enforcement of ITC's Orders Pending Review and Motion to Expedite filed by Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC corresponding to Doc. No. [ # 18 ]. Service: 12/21/2021 by email. [820143] [22-1227] [Gregory Garre] [Entered: 12/21/2021 09:59 AM] |
Filing 18 REPLY of Appellants Philip Morris Products S.A., Philip Morris USA, Inc. and Altria Client Services LLC to response [ # 15 ], response [ # 13 ]. Service: 12/21/2021 by email. [820139] [22-1227] [Gregory Garre] [Entered: 12/21/2021 09:52 AM] |
Filing 17 Letter from Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc. Access to Confidential Information. Service: 12/16/2021 by email. [819377] [22-1227] [Gregory Castanias] [Entered: 12/16/2021 04:22 PM] |
Filing 16 Confidential Intervenors' Response to Motion to Stay Enforcement of ITC's Orders Pending Review and Motion to Expedite filed by Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc. corresponding to Doc. No. [ # 15 ]. Service: 12/16/2021 by email. [819371] [22-1227] [Gregory Castanias] [Entered: 12/16/2021 04:20 PM] |
Filing 15 RESPONSE of Intervenors R.J. Reynolds Tobacco Company, R.J. Reynolds Vapor Company and RAI Strategic Holdings, Inc. to Doc No. [ # 5 ]. Service: 12/16/2021 by email. [819362] [22-1227] [Gregory Castanias] [Entered: 12/16/2021 04:11 PM] |
Filing 14 Confidential Opposition of Appellee International Trade Commission to Appellants' Emergency Motion to Stay Pending Review filed by Appellee ITC corresponding to Doc. No. [ # 13 ]. Service: 12/16/2021 by email. [819327] [22-1227] [Lynde Herzbach] [Entered: 12/16/2021 03:28 PM] |
Filing 13 RESPONSE of Appellee ITC to Doc No. [ # 5 ]. Service: 12/16/2021 by email. [819323] [22-1227] [Lynde Herzbach] [Entered: 12/16/2021 03:19 PM] |
Filing 12 ORDER filed directing the Commission and the intervenors to respond to the motion [ # 5 ] no later than 5:00 pm Eastern time on December 16, 2021. The appellants may reply in support of the motion no later than 12:00 pm Eastern time on December 21, 2021. The request for a temporary stay is denied.; (Per Curiam). Service as of this date by the Clerk of Court. [817052] [LMS] [Entered: 12/08/2021 09:48 AM] |
Filing 11 ORDER granting motion for leave to intervene [ # 8 ]. The revised official caption is reflected above. Service as of this date by the Clerk of Court. [817037] [LMS] [Entered: 12/08/2021 09:18 AM] |
Filing 10 Entry of appearance for Gregory A. Castanias; Anthony M. Insogna; David M. Maiorana; Ryan B. McCrum; Susan M. Gerber as counsel for RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, and R.J. Reynolds Tobacco Company. Service: 12/07/2021 by email. [816927] [22-1227] [Gregory Castanias] [Entered: 12/07/2021 03:59 PM] |
Filing 9 Letter from RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, and R.J. Reynolds Tobacco Company Appellants' Motion to Stay. Service: 12/07/2021 by email. [816911] [22-1227] [Gregory Castanias] [Entered: 12/07/2021 03:15 PM] |
Filing 8 MOTION of RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, and R.J. Reynolds Tobacco Company for leave to intervene. Service: 12/07/2021 by email. [816831] [22-1227] [Gregory Castanias] [Entered: 12/07/2021 01:44 PM] |
Filing 7 Letter from Appellee ITC Motion to Stay (ECF Nos. 5 & 6). Service: 12/07/2021 by email. [816807] [22-1227] [Sidney Rosenzweig] [Entered: 12/07/2021 12:57 PM] |
Filing 6 Confidential Motion for an emergency stay pending appeal under Rule 8/18 filed by Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc. corresponding to Doc. No. [ # 5 ]. Service: 12/06/2021 by email. [816694] [KMH] [Entered: 12/07/2021 09:44 AM] |
Filing 5 MOTION of Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc. for an emergency stay pending appeal under Rule 8/18. Service: 12/06/2021 by email. [816690] [KMH] [Entered: 12/07/2021 09:40 AM] |
Filing 4 Certificate of Interest for Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 12/06/2021 by email. [816687] [KMH] [Entered: 12/07/2021 09:36 AM] |
Filing 3 Entry of appearance for Gregory G. Garre; Maximilian A. Grant; Bert C. Reiser; Gabriel K. Bell as counsel for Appellants Altria Client Services LLC, Philip Morris Products S.A. and Philip Morris USA, Inc.. Service: 12/06/2021 by email. [816684] [KMH] [Entered: 12/07/2021 09:31 AM] |
Filing 2 Entry of appearance for Lynde F. Herzbach; Wayne W. Herrington; Sidney A. Rosenzweig as counsel for Appellee ITC. Service: 12/07/2021 by email. [816683] [22-1227] [Lynde Herzbach] [Entered: 12/07/2021 09:29 AM] |
Filing 1 Appeal docketed. Received: 12/01/2021. [816679] Entry of Appearance due 12/21/2021. Certificate of Interest is due on 12/21/2021. Docketing Statement due 01/06/2022. Certified List due on 01/18/2022. [KMH] [Entered: 12/07/2021 08:50 AM] |
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