`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 14-1453-LPS
`
`))))))))))
`
`MEDA PHARMACEUTICALS INC. and
`CIPLA LTD.,
`
`Plaintiffs,
`
`v.
`
`APOTEX INC. and APOTEX CORP.,
`
`Defendants.
`
`DECLARATION OF BOBBY DELAFIELD IN SUPPORT OF
`APOTEX INC.’S AND APOTEX CORP.’S
`OPENING CLAIM CONSTRUCTION BRIEF
`
`I, Robert Delafield, declare as follows:
`
`1.
`
`I am an attorney at the law firm of Wilson Sonsini Goodrich & Rosati, P.C.,
`
`counsel to the Apotex entities in the above-captioned action.
`
`2.
`
`I submit this declaration in support of the Defendants’ Opening Claim
`
`Construction Brief.
`
`3.
`
`Attached as Exhibit A is a true and correct copy of an article titled “The Uses and
`
`Abuses of Antihistamine Drugs,” by William Bowen Sherman, (1951), bearing bates numbers
`
`APOTEX_AZFL 0061929 - APOTEX_AZFL 0061944.
`
`4.
`
`Attached as Exhibit B is a true and correct copy of an article titled “Azelastine
`
`Nasal Spray for the Treatment of Allergic and Nonallergic Rhinitis,” by Friedrich Horak and
`
`Ursula Petra Zieglmayer, EXPERT REV. CLIN. IMMUNOL. 5(6), 659-669 (2009), bearing bates
`
`numbers APOTEX_AZFL 0130195 - APOTEX_AZFL 0130205.
`
`1
`
`
`
`Case 1:14-cv-01453-LPS Document 48 Filed 11/23/15 Page 2 of 2 PageID #: 1625
`
`5.
`
`Attached as Exhibit C is a true and correct copy of the prescribing label for
`
`Astelin, by Meda Pharmaceuticals (Revised 10/2014), bearing bates labels APOTEX_AZFL
`
`0059484 - APOTEX_AZFL 0059504.
`
`6.
`
`Attached as Exhibit D is a true and correct copy of an excerpt of CRC HANDBOOK
`
`OF CHEMISTRY (Robert C. Weast, Ph.D. et al. eds., CRC Press, Inc. 1987), bearing bates number
`
`APOTEX_AZFL 0061946 - APOTEX_AZFL 0061964.
`
`7.
`
`Attached as Exhibit E is a true and correct copy of a web page titled “Condition |
`
`Definition of Condition by Medical Dictionary” available at http://medical-
`
`dictionary.thefreedictionary.com/condition (last visited November 20, 2015), bearing bates
`
`numbers APOTEX_AZFL 0130191- APOTEX_AZFL 0130194.
`
`8.
`
`Attached as Exhibit F is a true and correct copy of an excerpt of WEBSTER’S NEW
`
`ROGET’S A-Z THESAURUS (Charlton Laird, et al. eds., Wiley Publishing 1999), bearing bates
`
`numbers APOTEX_AZFL 0130206 - APOTEX_AZFL 0130209.
`
`9.
`
`Attached as Exhibit G is a true and correct copy of the prescribing label for
`
`Flonase, by GlaxoSmithKline (Revised 10/2014), bearing bates labels APOTEX_AZFL 0130284
`
`- APOTEX_AZFL 0130305.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: November 23, 2015
`
`/s/ Robert Delafield
`Robert Delafield
`
`2
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