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Bliley Brown & Williamson

Confidential Report Outlining Significant Y1 Events Prepared in Connection with Product Litigation by B&W Outside Counsel and Forwarded to B&W Management

Date: 26 Jun 1995
Length: 2 pages
566628820-566628821
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REPORT
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B&W Outside Counsel

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Page 1: 566628820
PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT CHRONOLOGY OF SIGNIFICANT Y1 EVENTS DATE Mid-1970's 1977 1978 1981 1981-1982 Aug. 8, 1983 Feb. 21,1991 Sept. 17, 1991 Sept. 16, 1992 Feb. 1993 Feb. 28, 1994 EVENT Dr. James F. Chaplin, Director of the USDA Research Laboratory at Oxford, NC, conducts plant breeding research to develop a high nicotine tobacco variety that could be useful in the production of low tar cigarettes. After six years of research, Dr. Chaplin crosses Nicotiana tabucum with Nicotiana rustica to produce high nicotine tobacco variety that was the precursor to YI tobacco. Dr. Chaplin discusses idea of using high nicotine tobacco to produce low tar cigarette at the International Tobacco Scientific Symposium in Sofia, Bulgaria. Mr. Hugh Hardison, a Vice President of Export Leaf Tobacco Company, a B&W affiliate, hears Dr. Chaplin describe his N. tabucum/N, rustica cross at a tobacco industry conference. Mr. Hardison requests and obtains from Dr. Chaplin seeds from the five lines Dr. Chaplin produced from this cross. Mr. Hardison grows plants from all five lines obtained from Dr. Chaplin and selects two lines for further experimentation. Mr. Hardison designates these two lines as Y I and Y2. B&W and DNA Plant Technology Corporation (DNAP) initiate agreement for the performance of certain tobacco research including the production of tobacco lines with elevated nicotine content. B&W files application for U.S. plant variety protection certificate. B&W files U.S. patent application for YI tobacco. B&W files Brazilian patent application for Y1 tobacco. B&W begins to sell cigarettes containing expanded Y1 tobacco in the blend. Patent counsel for B&W files appeal of denial of U.S. patent for YI.
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March 14, 1994 March 16, 1994 March 29, 1994 May 1994 June 21, 1994 June 23, 1994 PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT B&W withdraws application for U.S. plant variety protection certificate. B&W abandons U.S. Yl patent application. B&W withdraws Brazilian ¥1 patent application. B&W decides to stop selling cigarettes containing ¥1 tobacco in the blend. Dr. David Kessler, FDA Commissioner, testifies before the House Subcommittee on Health and the Environment regarding ¥1. Mr. Thomas E. Sandefur, Chairman and CEO of B&W, testifies before the House Subcommittee on Health and the Environment regarding Y1. WDC-21185-1 June 26. 1995-15:15:29

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