Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 1 of 8 PageID #: 1780
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 1 of 8 Page|D #: 1780
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`MEDA PHARMACEUTICALS INC. and
`
`CIPLA LTD.,
`
`Plaintiffs,
`
`V.
`
`APOTEX INC. and APOTEX CORP.,
`
`Defendants.
`
`\2%/\./g/§/\/k/\J§/\;
`
`C.A. No. 14-1453-LPS
`
`PUBLIC VERSION
`
`APOTEX INC. AND APOTEX CORP.’S NOTICE
`
`OF RULE 30gbgg61 DEPOSITION TO PLAINTIFFS
`
`Richard L. Horwitz (#2246)
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byme (#4446)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6'' Floor
`1313 N. Market Street
`
`Wilmington, DE 19801
`Tel: (302) 984-6000
`rl1orwitz@potte1‘ande1‘Son.c0m
`drnooregagpotterandersoncom
`bpalapu1:a@potteranderson.com
`Sobyme@potteranderson.com
`
`Attorneys for Defendants Apotex Inc. and
`Apotex Corp.
`
`OF COUNSEL:
`
`Tung-On Kong
`David M. Hanna
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`One Market Street
`
`Spear Tower Suite 3300
`San Francisco, California 94105
`Tel:
`(41 5) 947-2000
`
`Nicole W. Stafford
`Robert A. Delafield, II
`WILSON SONSINI GOODRICH & ROSATI
`
`Professional Corporation
`900 S. Capital of Texas Highway
`Las Cimas IV, Fifth Floor
`
`Austin, Texas 78746-5546
`Tel: (512)338-5400
`
`Adam Burrowbridge
`WILSON SONSINI GOODRICH & ROSATI
`
`1700 K Street, NW, Fifth Floor
`
`Washington, DC 20006
`Tel: (202) 973-8992
`
`Dated: December 4, 2015
`PUBLIC VERSION — December 11, 2015
`1211594 /42112
`
`
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 1 of 8 Page|D #: 1780
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`MEDA PHARMACEUTICALS INC. and
`
`CIPLA LTD.,
`
`Plaintiffs,
`
`V.
`
`APOTEX INC. and APOTEX CORP.,
`
`Defendants.
`
`\2%/\./g/§/\/k/\J§/\;
`
`C.A. No. 14-1453-LPS
`
`PUBLIC VERSION
`
`APOTEX INC. AND APOTEX CORP.’S NOTICE
`
`OF RULE 30gbgg61 DEPOSITION TO PLAINTIFFS
`
`Richard L. Horwitz (#2246)
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byme (#4446)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6'' Floor
`1313 N. Market Street
`
`Wilmington, DE 19801
`Tel: (302) 984-6000
`rl1orwitz@potte1‘ande1‘Son.c0m
`drnooregagpotterandersoncom
`bpalapu1:a@potteranderson.com
`Sobyme@potteranderson.com
`
`Attorneys for Defendants Apotex Inc. and
`Apotex Corp.
`
`OF COUNSEL:
`
`Tung-On Kong
`David M. Hanna
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`One Market Street
`
`Spear Tower Suite 3300
`San Francisco, California 94105
`Tel:
`(41 5) 947-2000
`
`Nicole W. Stafford
`Robert A. Delafield, II
`WILSON SONSINI GOODRICH & ROSATI
`
`Professional Corporation
`900 S. Capital of Texas Highway
`Las Cimas IV, Fifth Floor
`
`Austin, Texas 78746-5546
`Tel: (512)338-5400
`
`Adam Burrowbridge
`WILSON SONSINI GOODRICH & ROSATI
`
`1700 K Street, NW, Fifth Floor
`
`Washington, DC 20006
`Tel: (202) 973-8992
`
`Dated: December 4, 2015
`PUBLIC VERSION — December 11, 2015
`1211594 /42112
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 2 of 8 PageID #: 1781
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 2 of 8 Page|D #: 1781
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MEDA PHARMACEUTICALS INC. and
`
`CIPLA LTD.,
`
`Plaintiffs,
`
`V.
`
`APOTEX INC. and APOTEX CORP.,
`
`Defendants.
`
`§/\J§/§/\/%/§/£/\2\J
`
`C.A. No. l4—l453—LPS
`
`PUBLIC VERSION
`
`APOTEX INC. AND APOTEX CORP.’S NOTICE
`
`OF RULE 30gb1g6g DEPOSITION TO PLAINTIFFS
`
`PLEASE TAKE NOTICE that Defendants Apotex Inc. and Apotex Corp (“Apotex”) will
`
`take the deposition upon oral examination of Plaintiffs Meda Pharmaceuticals Inc. (“Meda”) and
`
`Cipla Ltd. (“Cipla” collectively, “Plaintiffs”), pursuant to Rule 30(b)(6) of the Federal Rules of
`
`Civil Procedure.
`
`The deposition will commence on 9:00 am CST on January 22, 2016, and continuing
`
`from day-to-day until completed, at the law offices of Wilson Sonsini Goodrich & Rosati, 900 S.
`
`Capital of Texas Hwy, Las Cimas IV, Fifth Floor, Austin, TX 78746, or at such other time and
`
`place agreed upon by the parties. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Plaintiffs are required to designate one or more of its directors, officers, managing
`
`agents, or other persons who will testify on behalf of Plaintiffs as to all information known or
`
`reasonably available to Plaintiffs regarding the subject matters set forth in Attachment A.
`
`The deposition will be recorded by stenographic, audio, video, and/or real time computer
`
`means (e. g., Live Note) before an officer authorized to administer oaths. The deposition will
`
`proceed according to the Federal Rules of Civil Procedure. Further, the deposition will be taken
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 3 of 8 PageID #: 1782
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 3 of 8 Page|D #: 1782
`
`PUBLIC VERSION
`
`for the purpose of discovery, and the testimony may be used for any purpose permitted under the
`
`Federal Rules of Civil Procedure, including in any brief, hearing or trial.
`
`POTTER ANDERSON & CORROON LLP
`
`By:
`
`/s/ Bindu A. Palagyza
`Richard L. Horwitz (#2246)
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`Hercules Plaza, 6th Floor
`13 13 N. Market Street
`
`Wilmington, DE 19801
`Tel: (302) 984-6000
`rhorWitz(a)potteranderson.com
`dmoore@,potteranderson.com
`bpalapLI1‘a@potterandeI‘son.com
`sobyrnegagpotteranderson.com
`
`Attorneys for Defendants Apotex Inc. and
`Apotex Corp.
`
`OF COUNSEL:
`
`Tung—On Kong
`David M. Hanna
`
`WILSON SONSINI GOODRICH & ROSATI
`
`Professional Corporation
`One Market Street
`
`Spear Tower Suite 3300
`San Francisco, California 94105
`
`Tel:
`
`(415) 947-2000
`
`Nicole W. Stafford
`
`Robert A. Delafield, II
`WILSON SONSINI GOODRICH & ROSATI
`
`Professional Corporation
`900 S. Capital of Texas Highway
`Las Cimas IV, Fifth Floor
`Austin, Texas 78746-5546
`Tel: (512)338-5400
`
`Adam Burrowbridge
`WILSON SoNsINI GOODRICH & ROSATI
`
`1700 K Street, NW, Fifth Floor
`Washington, DC 20006
`Tel:
`(202) 973-8992
`
`Dated: December 4, 2015
`PUBLIC VERSION
`
`Dated: December 11, 2015
`1211594/42112
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 4 of 8 PageID #: 1783
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 4 of 8 Page|D #: 1783
`
`PUBLIC VERSION
`
`ATTACHMENT A
`
`DEFINITIONS AND INSTRUCTIONS
`
`l.
`
`Defendants hereby incorporate by reference, as though fully set forth herein, the
`
`Definitions set forth in Defendants’ First Set of Requests for Production of Documents and
`
`Things (Nos. 1-86).
`
`2.
`
`Pursuant to Fed. R. Civ. P 30(b)(6), Plaintiffs are obligated to designate one or
`
`more of its officers, directors, or managing agents, or other persons designated by Plaintiffs to
`
`testify on its behalf concerning the matters set forth in the topics listed below. Defendants
`
`request that Plaintiffs identify in writing at least ten (10) business days in advance of the
`
`deposition the name(s) and title(s) of the person(s) who will testify on its behalf and the subject
`
`matters on which each person will testify.
`
`DEPOSITION TOPICS
`
`l.
`
`The conception, reduction to practice, research and development of each of the
`
`purported inventions claimed in the asserted claims of the Patents-in-Suit, including all evidence
`
`corroborating such conception, reduction to practice, and diligence, and the identity of the
`
`person(s) who participated in such conception, reduction to practice, and diligence.
`
`2.
`
`The preparation, filing, and prosecution of the Patents-in—Suit and parent
`
`applications, including identification of persons and other entities involved during such
`
`prosecution and the earliest claimed priority date for each asserted claim of the Patents—in-Suit.
`
`3.
`
`All facts relating to the experiments described in the patents in suit (including the
`
`synthesis, recrystallization, and characterization of azelastine), including but not limited to any
`
`data, results, testing, experimental conditions, equipment conditions, or protocols.
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 5 of 8 PageID #: 1784
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 5 of 8 Page|D #: 1784
`
`PUBLIC VERSION
`
`4.
`
`All prior art identified by anyone associated with Plaintiffs in connection with any
`
`analysis or consideration of the claims of the asserted patent(s) or any related patents or patent
`
`applications.
`
`5.
`
`The ownership, assignment, licensing, and other agreements relating to the
`
`Patents-in—Suit, and the facts and circumstances relating to any transfer of any right or interest in
`
`the Patents -in—Suit, or any claim thereof, including, but not limited to, the dates on which such
`
`right or interest was transferred and the Vehicle by which such right or interest was transferred.
`
`6.
`
`All activities related to prior art searches conducted for each of the claims of the
`
`asserted patents or any related patents or related applications.
`
`7.
`
`All agreements between and among Plaintiffs concerning the Patents—in-Suit or
`
`any combination azelastine and fluticasone product.
`
`8.
`
`Any analysis or testing of any product to determine whether the product falls
`
`within the scope of any claim of the asserted patent(s), including any analysis or testing of any of
`
`Defendant’s products.
`
`9.
`
`All licenses, attempts to license, or offers to license any products embodying any
`
`claim of the asserted patents.
`
`10.
`
`All communications, whether written or Verbal, between Plaintiffs and any third-
`
`parties concerning any of the asserted patents, the infringement, validity or enforceability of
`
`those patents, damages or any other issue in this litigation.
`
`1 1.
`
`All agreements between Plaintiffs and the named inventors, including but not
`
`limited to those relating to litigation assistance, testimony, or patenting.
`
`12.
`
`The preparation, filing, and contents of any NDA or IND relating to Dymista®.
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 6 of 8 PageID #: 1785
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 6 of 8 Page|D #: 1785
`
`PUBLIC VERSION
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`13.
`
`The preparation, filing, and contents of any NDA or IND relating to Astelin® or
`
`Astepro®.
`
`14.
`
`The basis for and evidence of the secondary consideration or objective indicia of
`
`non—obviousness that Plaintiffs intend to rely on in the current litigation, including any
`
`commercial success due to the merits of the alleged invention.
`
`15.
`
`The basis for and evidence of the secondary consideration or objective indicia of
`
`non—obviousness that Plaintiffs intend to rely on in the current litigation, including any long felt
`
`need for a solution in the industry satisfied by the alleged invention.
`
`16.
`
`The basis for and evidence of the secondary consideration or objective indicia of
`
`non—obviousness that Plaintiffs intend to rely on in the current litigation, including any failed
`
`attempts by third parties to solve the problem met by the alleged invention.
`
`17.
`
`The basis for and evidence of the secondary consideration or objective indicia of
`
`non—obviousness that Plaintiffs intend to rely on in the current litigation, including any
`
`unexpectedly superior results achieved by the alleged invention over the prior art.
`
`18.
`
`The basis for and evidence of the secondary consideration or objective indicia of
`
`non—obviousness that Plaintiffs intend to rely on in the current litigation, including any praise for
`
`the alleged invention by third parties.
`
`19.
`
`Any studies, experiments, characterization, and/or other testing conducted by, or
`
`on behalf of Plaintiffs, with regard to the co-administration of azelastine and fluticasone.
`
`20.
`
`The first use, first manufacture, first offer for sale, first, sale, first public
`
`disclosure, and first shipment of any combination azelastine and fluticasone nasal spray claimed
`
`in the asserted claims of the Patents in—Suit.
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 7 of 8 PageID #: 1786
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 7 of 8 Page|D #: 1786
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`PUBLIC VERSION
`
`21.
`
`All facts or evidence relating to any DMF for azelastine hydrochloride and all
`
`supplements, correspondence and amendments thereto, including any DMF prepared or
`
`submitted on behalf of Plaintiffs or to which Plaintiffs hold a right of reference.
`
`22.
`
`All facts or evidence relating to any DMF for fluticasone propionate and all
`
`supplements, correspondence and amendments thereto, including any DMF prepared or
`
`submitted on behalf of Plaintiffs or to which Plaintiffs hold a right of reference.
`
`23.
`
`Communications between Plaintiffs and FDA regarding Dymista® including any
`
`correspondence regarding plaintiffs’ NDA, defendants’ ANDAS or any citizen petition relating to
`
`Dymista®.
`
`24.
`
`The commercialization, promotion, marketing and sale of Dymista ® nasal spray
`
`including but not limited to advertising, promotion, target markets, market penetration, pricing,
`
`pricing policies, launch plans, business plans, marketing plans and strategies, sales and profits,
`
`and the impact of such marketing and advertising efforts,
`
`25.
`
`Actual and projected sales, profits, losses, and costs for any product embodying
`
`the claimed subj ect matter of the Patents-in—Suit or sold under the trade name Dymista®.
`
`26.
`
`Any life cycle management strategies for Dymista®, including plans to change
`
`the formulation of Dymista® and efforts to prevent or minimize the effect of generic substitution
`
`for Dymista®.
`
`27.
`
`All studies, experiments, analyses, investigation, or reports concerning whether
`
`Dymista® nasal spray is an embodiment of or covered by the Patents—in—Suit.
`
`28.
`
`All research and development concerning the contents of any 37 C.F.R. §l.l32
`
`Declaration submitted during prosecution of the Patents—ln-Suit, including but not limited to all
`
`correspondence, analyses, studies, experiments, reports, sketches, interview reports or summaries,
`
`
`
`Case 1:14-cv-01453-LPS Document 55 Filed 12/11/15 Page 8 of 8 PageID #: 1787
`Case 1:14—cv—O1453—LPS Document 55 Filed 12/11/15 Page 8 of 8 Page|D #: 1787
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`PUBLIC VERSION
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`and data, and including but not limited to information relating to third—party involvement in such
`
`research and development.
`
`29.
`
`The identity of persons with knowledge of each of the foregoing topics.
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