Case 1:17-cv-00868-JFB-SRF Document 28 Filed 12/08/17 Page 1 of 4 PageID #: 551
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`OF MASSACHUSETTS
`UNIVERSITY
`MEDICAL
`SCHOOL
`and
`CARMEL
`LABORATORIES, LLC,
`
`
`
`
`
`L’ORÉAL S.A. and L’ORÉAL USA, INC.,
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendants.
`
` Case No. 17-cv-868-JFB-SRF
`
`DECLARATION OF MICHAEL J. FARNAN IN OPPOSITION TO L’ORÉAL S.A.’S
`MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT
`
`
`
`I, Michael J. Farnan, hereby declare:
`
`
`1. Attached as Exhibit 1 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal Group: Only One Line of Business, http://www.loreal.com/group (last accessed
`
`November 27, 2017).
`
`2. Attached as Exhibit 2 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`Contact Us, http://www.loreal.com/contact-us (last accessed December 1, 2017).
`
`3. Attached as Exhibit 3 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal
`
`Around
`
`the
`
`World,
`
`http://www.loreal.com/group/our-
`
`activities/l%E2%80%99or%C3%A9al-around-the-world (last accessed November 23, 2017).
`
`4. Attached as Exhibit 4 is a true and correct copy of L’Oréal S.A. 2016 Annual Report.
`
`5. Attached as Exhibit 5 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal Group: Key Figures, http://www.loreal.com/group/our-activities/key-figures (last
`
`accessed November 28, 2017).
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`OF MASSACHUSETTS
`UNIVERSITY
`MEDICAL
`SCHOOL
`and
`CARMEL
`LABORATORIES, LLC,
`
`
`
`
`
`L’ORÉAL S.A. and L’ORÉAL USA, INC.,
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendants.
`
` Case No. 17-cv-868-JFB-SRF
`
`DECLARATION OF MICHAEL J. FARNAN IN OPPOSITION TO L’ORÉAL S.A.’S
`MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT
`
`
`
`I, Michael J. Farnan, hereby declare:
`
`
`1. Attached as Exhibit 1 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal Group: Only One Line of Business, http://www.loreal.com/group (last accessed
`
`November 27, 2017).
`
`2. Attached as Exhibit 2 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`Contact Us, http://www.loreal.com/contact-us (last accessed December 1, 2017).
`
`3. Attached as Exhibit 3 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal
`
`Around
`
`the
`
`World,
`
`http://www.loreal.com/group/our-
`
`activities/l%E2%80%99or%C3%A9al-around-the-world (last accessed November 23, 2017).
`
`4. Attached as Exhibit 4 is a true and correct copy of L’Oréal S.A. 2016 Annual Report.
`
`5. Attached as Exhibit 5 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal Group: Key Figures, http://www.loreal.com/group/our-activities/key-figures (last
`
`accessed November 28, 2017).
`
`
`
`Case 1:17-cv-00868-JFB-SRF Document 28 Filed 12/08/17 Page 2 of 4 PageID #: 552
`
`6. Attached as Exhibit 6 is a true and correct copy of L’Oréal S.A.’s 2016 Registration
`
`Document: Annual Financial Report.
`
`7. Attached as Exhibit 7 is a true and correct copy of a page from L’Oréal USA’s website;
`
`L’Oréal USA Facts and Figures, http://www.lorealusa.com/group/discover-l'or%C3%A9al-
`
`usa/l%E2%80%99or%C3%A9al-usa-facts-and-figures (last accessed November 29, 2017).
`
`8. Attached as Exhibit 8 is a true and correct copy of a page from L’Oréal S.A.’s website; A
`
`Network That is Open to the World, http://www.loreal.com/research-and-innovation/our-
`
`innovation-model/a-network-that-is-open-to-the-world (last accessed November 28, 2017).
`
`9. Attached as Exhibit 9 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`L’Oréal Group: Organization, http://www.loreal.com/group/our-activities/organization (last
`
`accessed November 28, 2017).
`
`10. Attached as Exhibit 10 is a true and correct copy of a page from L’Oréal Paris’ website;
`
`About L’Oréal Paris, https://www.lorealparisusa.com/about-loreal-paris.aspx (last accessed
`
`November 28, 2017).
`
`11. Attached as Exhibit 11 is a true and correct copy of a page from the website Whois
`
`lorealparisusa.com, https://www.whois.com/whois/lorealparisusa.com (last accessed November
`
`28, 2017).
`
`12. Attached as Exhibit 12 is a true and correct copy of a page from L’Oréal Paris’ website;
`
`L’Oréal
`
`Paris:
`
`Adenosine
`
`Anti-Aging
`
`Skincare
`
`Benefit,
`
`https://www.loralparisusa.com/ingredient-library/adenosine.aspx (last accessed November 27,
`
`2017).
`
`2
`
`
`
`Case 1:17-cv-00868-JFB-SRF Document 28 Filed 12/08/17 Page 3 of 4 PageID #: 553
`
`13. Attached as Exhibit 13 is a true and correct copy of an article by M.I. Abella, L’Oréal
`
`Recherche, Evaluation of anti-wrinkle efficacy of adenosine-containing products using the
`
`FOITS technique, International Journal of Cosmetic Chemistry, 2006 at 447-451.
`
`14. Attached as Exhibit 14 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`Lancome:
`
`Advanced
`
`Génifique,
`
`https://www.lancome-usa.com/skin-
`
`care/collections/genifique/advanced-
`
`genifique/1000302.html#start=3&cgid=L3_Axe_Skincare_Genifique (last accessed December 1,
`
`2017).
`
`15. Attached as Exhibit 15 is a true and correct copy of a page from L’Oréal S.A.’s website;
`
`Genetic Science in the Service of Beauty, http://www.loreal.com/research-and-innovation/push-
`
`back-the-boundaries-of-knowledge/genetic-science-in-the-service-of-beauty
`
`(last
`
`accessed
`
`November 28, 2017).
`
`16. Attached as Exhibit 16 is a true and correct copy of a page from L’Oreal USA’s website;
`
`L’Oréal USA Research
`
`and
`
`Innovation,
`
`http://www.lorealusa.com/group/discover-
`
`l%27or%C3%A9al-usa/l%E2%80%99or%C3%A9al-usa-research-and-innovation (last accessed
`
`December 4, 2017).
`
`17. Attached as Exhibit 17 is a true and correct copy of the Complaint in L’Oréal S.A. and
`
`L’Oréal U.S.A., Inc. v. Merck and Co., Inc., No. 12-cv-00099-GMS (D. Del.).
`
`18. Attached as Exhibit 18 is a true and correct copy of the Complaint in L’Oréal S.A. and
`
`L’Oréal U.S.A., Inc. v. Estee Lauder Companies, Inc., Estee Lauder, Inc. and Origins Natural
`
`Resources, Inc., No. 04-cv-01660-GEB-ES (D.N.J.)).
`
`19. Attached as Exhibit 19 is a true and correct copy of the Civil Docket for L’Oréal S.A., et
`
`al v. Revlon Consumer Prod., et al, No. 98-cv-00424-SLR (D. Del.).
`
`3
`
`
`
`Case 1:17-cv-00868-JFB-SRF Document 28 Filed 12/08/17 Page 4 of 4 PageID #: 554
`
`20. Attached as Exhibit 20 is a true and correct copy of the search results for L’Oréal S.A.
`
`United States patents.
`
`21. Attached as Exhibit 21 are true and correct copies received by Brother Dennis
`
`Wyrzykowski, President of Teresian Carmelites and Carmel Labs, from L’Oréal S.A, dated April
`
`14, 2015, May 18, 2015, June 5, 2015, and July 3, 2015.
`
`22. Attached as Exhibit 22 is a true and correct copy of a page from Walmart’s website,
`
`https://www.walmart.com/ip/L-Oreal-Paris-RevitaLift-Triple-Power-Deep-Acting-Facial-
`
`Moisturizer-1-7-Oz/21062555 (last accessed December 4, 2017).
`
`23. Attached as Exhibit 23 is a true and correct copy of the August 26, 2014 Complaint in
`
`M2M Solutions LLC v. Telit Communications PLC and Telit Wireless Solutions, Inc., 1:14-cv-
`
`01103-RGA (D. Del.).
`
`24. Attached as Exhibit 24 is a true and correct copy of a page from L’Oreal S.A.’s website,
`
`http://www.skin-
`
`science.com/_int/_en/topic/topic_rub.aspx?tc=SKIN_SCIENCE_ROOT%5EAN_ORGAN_REV
`
`EALED&cur=AN_ORGAN_REVEALED& (last accessed November 23, 2017).
`
`25. Attached as Exhibit 25 is a true and correct copy of the May 2, 2008 order in Bare
`
`Escentuals Beauty, Inc. v. L’Oréal S.A., No. C-07-1669 MMC (N.D. Cal.).
`
`26. Attached as Exhibit 26 is a true and correct copy of the June 11, 2003 order in Chaygan
`
`v. L’Oréal S.A, No. 02-21485 (S.D. Fla.).
`
`I declare under the penalty of perjury under the laws of the United States of America that
`
`the foregoing is true and correct.
`
`
`Dated: December 8, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Michael J. Farnan
`Michael J. Farnan
`
`
`
`4
`
`
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