Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 1 of 6 PageID #: 702
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`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 1 of 6 PageID #: 702Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 1 of 6 PageID #: 702
`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 1 of 6 PageID #: 702
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`EXHIBIT A
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`EXHIBIT AEXHIBIT AEXHIBIT A
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`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 2 of 6 PageID #: 703
`
`To:
`Cc:
`
`Date:
`Attachments:
`
`Todd S Werner; Shelleaha L Jonas
`Regorafenib; Scott, Ian; Kouyoumdjian, Philip Y.; Karen Keller; Nate Hoeschen; Jack B. Blumenfeld; Dov P.
`Grossman; Jessica B. Rydstrom; Bowers, Seth; Kenneth L. Dorsney; Derek J. Fahnestock; Anthony D. Raucci;
`Bayer-Stivarga
`Wednesday, August 15, 2018 10:40:32 AM
`image001.png
`
`Todd,
`
`To address your questions:
`
`Onyx Litigation
`
`We are withholding the Cockburn and Rao materials and Onyx Bates stamped exhibits mentioned in
`my email pursuant to Amgen’s instructions. Regarding the Onyx fact witness materials, we disagree
`with you on the relevance and proportionality of your request. And as we have previously explained,
`those documents are extremely likely to contain Onyx confidential information.
`
`Mylan Litigation
`
`Regarding the Grossbard and O’Dwyer materials, we understand you to be asking for redacted or
`excerpted expert reports, deposition transcripts, and exhibits. Because Mylan would need to
`authorize the production of those materials, you should ask Mylan for those materials directly.
`Assuming Mylan approves, we have no objection to the production of that information pursuant to
`the protective order in this case, provided that we also receive a copy of any redacted or excerpted
`materials that Mylan agrees to produce.
`
`Best wishes,
`
`Ben Picozzi
`Associate | Williams & Connolly LLP
`725 Twelfth Street, N.W., Washington, DC 20005
`(P) 202-434-5266 | (F) 202-434-5029
`bpicozzi@wc.com | www.wc.com
`
`From: Todd S Werner [mailto:TWerner@carlsoncaspers.com]
`Sent: Tuesday, August 14, 2018 8:20 PM
`To: Picozzi, Ben <BPicozzi@wc.com>; Shelleaha L Jonas <SJonas@carlsoncaspers.com>
`Cc: Regorafenib <Regorafenib@carlsoncaspers.com>; Scott, Ian <iscott@taftlaw.com>;
`Kouyoumdjian, Philip Y. <pkouyoumdjian@taftlaw.com>; Karen Keller <kkeller@shawkeller.com>;
`Nate Hoeschen <nhoeschen@shawkeller.com>; Jack B. Blumenfeld <jblumenfeld@mnat.com>;
`Grossman, Dov <DGrossman@wc.com>; Rydstrom, Jessica <JRydstrom@wc.com>; Bowers, Seth
`<SBowers@wc.com>; Kenneth L. Dorsney <kdorsney@morrisjames.com>; Derek J. Fahnestock
`<dfahnestock@mnat.com>; Anthony D. Raucci <araucci@mnat.com>; Bayer-Stivarga
`<BayerStivarga@wc.com>
`Subject: RE: Bayer v. Teva 16-1221 - Third Party Confidentiality
`
`

`

`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 3 of 6 PageID #: 704
`
`
`
`Ben:
`
`Onyx Litigation
`
`As you can appreciate, we need to know which of these documents are being withheld based on
`instructions from Onyx, versus those being withheld for some other reason. For all documents being
`withheld, including exhibits to transcripts, please specify whether Onyx has instructed you to
`withhold those documents.
`
`To the extent your objection is relevance, as appears to be the case for Onyx fact witnesses, I would
`remind you that we have said we are only seeking transcripts/reports/exhibits from witnesses
`offering testimony concerning certain issues (R&D, marketing and sales of commercial embodiments
`of the ‘834 patent).
`
`Mylan Litigation
`
`With respect to the two outstanding Mylan experts, our question was simply whether Bayer will
`produce the portions of their expert reports, deposition transcripts, and exhibits addressing
`objective indicia of non-obviousness relating to Bayer’s Nexavar product if Mylan is agreeable to
`such a production. Please provide Bayer’s position on this issue, and the information requested
`above, by noon tomorrow.
`
`Thanks,
`
`Todd
`
`
`Todd S Werner
`Carlson Caspers
`225 S. Sixth St., Suite 4200
`Minneapolis, MN 55402
`Direct: 612.436.9655
`Cell: 612.201.4801
`TWerner@carlsoncaspers.com
`carlsoncaspers.com
`BIO | vCard | Disclaimers
`
`From: Picozzi, Ben [mailto:BPicozzi@wc.com]
`Sent: Tuesday, August 14, 2018 4:50 PM
`To: Shelleaha L Jonas
`Cc: Regorafenib; Scott, Ian; Kouyoumdjian, Philip Y.; Karen Keller; Nate Hoeschen; Jack B. Blumenfeld;
`Dov P. Grossman; Jessica B. Rydstrom; Bowers, Seth; Kenneth L. Dorsney; Derek J. Fahnestock; Anthony
`D. Raucci; Bayer-Stivarga
`Subject: RE: Bayer v. Teva 16-1221 - Third Party Confidentiality
`
`

`

`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 4 of 6 PageID #: 705
`
`
`Shelly,
`
`It is unclear from your email precisely what you are requesting, given the information we have
`previously provided.
`
`Nevertheless, with respect to the Onyx litigation, we have produced or will shortly produce
`deposition transcripts for the Bayer fact witnesses that we understand to have been deposed in that
`proceeding. We are withholding Onyx Bates-stamped exhibits for those witnesses that contain Onyx
`confidential information.
`
`Regarding Onyx fact witnesses, the materials you have requested are not relevant to any of the
`issues you have raised and are highly likely to contain Onyx confidential information. We have
`therefore not agreed to produce them.
`
`We are withholding expert reports and deposition transcripts for Dr. Iain Cockburn (Onyx) and Dr.
`Mohan Rao (Bayer). Both of those experts addressed damages, and their materials contain Onyx
`confidential information relating to Onyx’s contractual claims. We have produced or will shortly
`produce the deposition transcripts and expert reports for the remaining Bayer and Onyx experts.
`We are withholding Onyx Bates-stamped exhibits for those witnesses that contain Onyx confidential
`information.
`
`As we have previously explained, Amgen has not given us permission to produce Onyx confidential
`information, subject to limited exceptions. If you have a contrary understanding of Amgen’s position
`based on your communications with Amgen, please state that understanding.
`
`With respect to your question regarding Dr. Grossbard and Dr. O’Dwyer’s materials, we have
`produced deposition transcripts, expert reports, and exhibits that relate to objective indicia for the
`’834 patent. We are withholding deposition transcripts and certain expert reports and exhibits that
`relate to patents that were asserted in the Mylan case, but are not asserted here, and which contain
`Mylan confidential information. Even if those materials were relevant, which they are not, we have
`not received permission from Mylan to produce them.
`
`Best,
`
`
`Ben Picozzi
`Associate | Williams & Connolly LLP
`725 Twelfth Street, N.W., Washington, DC 20005
`(P) 202-434-5266 | (F) 202-434-5029
`bpicozzi@wc.com | www.wc.com
`
`From: Shelleaha L Jonas [mailto:SJonas@carlsoncaspers.com]
`Sent: Monday, August 13, 2018 3:26 PM
`To: Picozzi, Ben <BPicozzi@wc.com>; Bowers, Seth <SBowers@wc.com>; Rydstrom, Jessica
`
`

`

`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 5 of 6 PageID #: 706
`
`<JRydstrom@wc.com>; Grossman, Dov <DGrossman@wc.com>
`Cc: Regorafenib <Regorafenib@carlsoncaspers.com>; Kouyoumdjian, Philip Y.
`<pkouyoumdjian@taftlaw.com>; Scott, Ian <iscott@taftlaw.com>; Karen Keller
`<kkeller@shawkeller.com>; Nate Hoeschen <nhoeschen@shawkeller.com>; Jack B. Blumenfeld
`<jblumenfeld@mnat.com>; Kenneth L. Dorsney <kdorsney@morrisjames.com>; Derek J. Fahnestock
`<dfahnestock@mnat.com>; Anthony D. Raucci <araucci@mnat.com>; sjanosik@amgen.com
`Subject: Bayer v. Teva 16-1221 - Third Party Confidentiality
`
`
`Bayer Counsel,
`
`You represented in your email of July 30 that you were in the process of identifying which expert
`witness reports, deposition transcripts, and exhibits are being withheld due to Onyx confidential
`information. You similarly noted that you were identifying which Bayer fact witness transcripts and
`exhibits are being withheld due to Onyx confidential information. We understand we are at an
`impasse as to Onyx fact witness deposition transcripts and exhibits concerning the research and
`development, marketing, and sales of sorafenib and/or regorafenib.
`
`On August 2, Amgen confirmed that it has authorized the production of non-confidential information
`and selected Onyx confidential information related to the Onyx v. Bayer matter under the terms of
`the protective order in this case, and that this information either has been or will be provided to
`Teva counsel. Amgen further instructed us to contact you (Bayer) for further details. As a result,
`despite this issue having been pending for weeks, Defendants remain unaware what information is
`being withheld.
`
`In anticipation of our letter due to the Court on Wednesday, please provide the remaining
`information we requested in our email of July 25.
`
`Additionally, we have asked Mylan whether it is agreeable to Bayer producing the portions of the
`expert reports, deposition transcripts, and exhibits of Peter O’Dwyer and Michael Grossbard
`addressing objective indicia of non-obviousness relating to Bayer’s Nexavar product. To the extent
`Mylan consents to the production of this information, please confirm that Bayer will produce it.
`
`Regards,
`Shelly
`
`
`Shelleaha L Jonas
`Carlson Caspers
`225 S. Sixth St., Suite 4200
`Minneapolis, MN 55402
`Direct: 612.436.9607
`Cell: 612-229-7440
`SJonas@carlsoncaspers.com
`carlsoncaspers.com
`BIO | vCard | Disclaimers
`
`

`

`Case 1:16-cv-01221-LPS Document 81-1 Filed 08/15/18 Page 6 of 6 PageID #: 707
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