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`Plaintiffs,
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`v.
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`C.A. No. 16-1221 (LPS)
`CONSOLIDATED
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`BAYER HEALTHCARE LLC and BAYER
`HEALTHCARE PHARMACEUTICALS
`INC.,
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`TEVA PHARMACEUTICALS USA, INC.,
`et al.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`BAYER’S SECOND NOTICE OF DEPOSITION TO
`TEVA PHARMACEUTICALS USA, INC.
`PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6)
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`PLEASE TAKE NOTICE that commencing on September 3, 2018, at the law office of
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`Defendants.
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`Williams & Connolly LLP, 725 Twelfth Street, NW, Washington, DC 20005, or at such time and
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`place that is agreed upon by the parties, Plaintiffs Bayer HealthCare LLC and Bayer HealthCare
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`Pharmaceuticals Inc. (collectively, “Bayer”), through their attorneys, will take the deposition of
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`Teva Pharmaceuticals USA, Inc. pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure.
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`At the time of the deposition, Teva shall designate one or more of its directors, officers,
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`managing agents, or other persons who will testify on behalf of Teva as to all information known
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`or reasonably available to Teva regarding the subject matters set forth in Attachment A-2.
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`The deposition will take place upon oral examination before a notary public or other
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`person authorized to administer oaths, will be recorded by stenographic and/or sound-and-video
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`means, and will continue from day to day until completed. You are invited to attend and
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`participate.
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`Case 1:16-cv-01221-LPS Document 87 Filed 08/21/18 Page 2 of 6 PageID #: 736
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`OF COUNSEL:
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`Bruce R. Genderson
`Adam L. Perlman
`Dov P. Grossman
`Jessica B. Rydstrom
`Xiao Wang
`Seth R. Bowers
`Ben Picozzi
`WILLIAMS & CONNOLLY LLP
`725 Twelfth St. NW
`Washington, DC 20005
`(202) 434-5000
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`August 21, 2018
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Derek J. Fahnestock
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`Jack B. Blumenfeld (#1014)
`Derek J. Fahnestock (#4705)
`Anthony D. Raucci (#5948)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`dfahnestock@mnat.com
`araucci@mnat.com
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`Attorneys for Plaintiffs Bayer HealthCare LLC
`and Bayer HealthCare Pharmaceuticals Inc.
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`2
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`Case 1:16-cv-01221-LPS Document 87 Filed 08/21/18 Page 3 of 6 PageID #: 737
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`ATTACHMENT A-2
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`INSTRUCTIONS AND DEFINITIONS
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`As used herein, the terms “you,” “your,” “yours,” and “Teva” mean jointly and
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`1.
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`severally defendant Teva Pharmaceuticals USA, Inc., its officers, directors, employees,
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`divisions, parent companies, subsidiaries, affiliates, and predecessors or successors-in-interest,
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`any joint venture to which it may be a party, consultants, agents, and accountants, including any
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`person who served in any such capacity at any time.
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`2.
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`As used herein, “Apotex” means jointly and severally defendants Apotex Corp.,
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`Apotex Inc., their officers, directors, employees, divisions, parent companies, subsidiaries,
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`affiliates, and predecessors or successors-in-interest, any joint venture to which they may be a
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`party, consultants, agents, and accountants, including any person who served in any such
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`capacity at any time.
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`3.
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`As used herein, the term “including” means “including but not limited to” or
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`“including without limitation.”
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`4.
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`As used herein, the terms “and” as well as “or” shall be construed either
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`disjunctively or conjunctively, and references shall be construed either as singular or plural, as
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`necessary to bring within the scope of these topics any information that might otherwise be
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`construed to be outside their scope.
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`5.
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`As used herein, the term “all” shall be construed to mean all or any, and the term
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`“any” shall be construed to mean all or any.
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`6.
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`As used herein, the term “communication” means any transmission of any
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`information from one person to another, including, without limitation, by personal meeting,
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`telephone, facsimile, electronic transmission, including electronic mail, and teleconference.
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`Case 1:16-cv-01221-LPS Document 87 Filed 08/21/18 Page 4 of 6 PageID #: 738
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`7.
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`As used herein, “Teva’s ANDA Product” shall be construed to include any
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`product that is the subject of Abbreviated New Drug Application (“ANDA”) No. 209728, as well
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`as the active pharmaceutical ingredient drug substance(s) identified therein, including but not
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`limited to any generic equivalent of Stivarga®.
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`8.
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`As used herein, “regorafenib” shall mean the compound of the formula:
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`(also known as, inter alia, 4{4-[3-(4-chloro-3-trifluoromethylphenyl)-ureido]-3-fluorophenoxy}-
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`pyridine-2-carboxylic acid methylamide), or any salt form (including, but not limited to a
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`hydrochloride salt) of the compound, or any solvate (including, but not limited to, any hydrate)
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`of any of the aforementioned, or any polymorph of the aforementioned, or any other form of any
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`of the aforementioned, or any mixture of two or more of the aforementioned, and includes but is
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`not limited to the active pharmaceutical ingredient (“API”) in Stivarga®.
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`9.
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`As used herein, the term “FDA” means the United States Food and Drug
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`Administration, including without limitation its employees, scientists, technicians, agents,
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`examiners, and laboratories.
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`10.
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`As used herein, the terms “person” and “entity” mean any natural person and any
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`other cognizable entity, including, without limitation, corporations, proprietorships, partnerships,
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`joint ventures, businesses, consortiums, clubs, associations, foundations, governmental agencies
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`or instrumentalities, societies, and orders.
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`11.
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`As used herein, “Teva’s Notice Letter” means the Notice Letter sent from Teva to
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`Bayer on or about November 22, 2016.
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`2
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`Case 1:16-cv-01221-LPS Document 87 Filed 08/21/18 Page 5 of 6 PageID #: 739
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`12.
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`13.
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`14.
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`15.
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`16.
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`patents.
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`As used herein, the term “’834 patent” means United States Patent No. 7,351,834.
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`As used herein, the term “’553 patent” means United States Patent No. 8,637,553.
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`As used herein, the term “’124 patent” means United States Patent No. 8,680,124.
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`As used herein, the term “’107 patent” means United States Patent No. 9,458,107.
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`As used herein, the term “Patents-in-Suit” means the ’834, ’553, ’124, and ’107
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`17.
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`The use of the singular form of any word includes the plural and vice versa, as
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`necessary to bring within the scope of these topics any information or documents and things that
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`might otherwise be construed to be outside their scope.
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`TOPICS
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`26.
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`The expiration date of each manufactured batch of Teva’s ANDA Product.
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`27. Whether Teva possesses any unexpired tablets of Teva’s ANDA Product.
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`28. When Teva last possessed any unexpired tablets of Teva’s ANDA Product.
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`3
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`Case 1:16-cv-01221-LPS Document 87 Filed 08/21/18 Page 6 of 6 PageID #: 740
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`CERTIFICATE OF SERVICE
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`I hereby certify that on August 21, 2018, I caused the foregoing to be
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`electronically filed with the Clerk of the Court using CM/ECF, which will send notification of
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`such filing to all registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`August 21, 2018, upon the following in the manner indicated:
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`John W. Shaw, Esquire
`Karen E. Keller, Esquire
`David M. Fry, Esquire
`SHAW KELLER LLP
`I.M. PEI Building
`1105 North Market Street, 12th Floor
`Wilmington, DE 19801
`Attorneys for Defendant Teva Pharmaceuticals
`USA, Inc.
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`Mark D. Schuman, Esquire
`Todd S. Werner, Esquire
`Samuel Lockner, Esquire
`Jennell C. Bilek, Esquire
`Shelleaha L. Jonas, Esquire
`Alexandra J. Olson, Esquire
`Nathan D. Louwagie, Esquire
`CARLSON, CASPERS, VANDENBURGH,
`LINDQUIST & SCHUMAN, P.A.
`225 South Sixth Street
`Capella Tower, Suite 4200
`Minneapolis, MN 55402
`Attorneys for Defendant Teva Pharmaceuticals
`USA, Inc.
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`/s/ Derek J. Fahnestock
`_____________________________________
`Derek J. Fahnestock (#4705)
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