Case 1:18-cv-12029-ADB Document 145 Filed 08/18/21 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`Plaintiffs,
`
`
`v.
`
`ELI LILLY AND COMPANY,
`Defendant.
`
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`
`
`
`
`
`ATTORNEY DECLARATION OF ELAINE HERRMANN BLAIS IN SUPPORT OF
`PLAINTIFFS’ MOTION FOR SANCTIONS PURSUANT TO FED. R. CIV. P. 37(B)
`
`I, Elaine Herrmann Blais, declare as follows:
`
`1.
`
`I am a partner at Goodwin Procter LLP and counsel for Plaintiffs Teva
`
`Pharmaceuticals International GMBH and Teva Pharmaceuticals USA, Inc. (collectively,
`
`“Teva”) in this matter. I am licensed to practice before all courts in the Commonwealth of
`
`Massachusetts, and this Court, and submit this Declaration in support of Teva’s concurrently-
`
`filed Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(b). I have personal knowledge of the
`
`matters set forth herein, and if called upon would testify as follows.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy an email from Emily
`
`Gabranski to Teva Counsel, dated May 5, 2021.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of a letter from Natasha
`
`Daughtrey to Emily Gabranski, dated October 30, 2020.
`
`4.
`
` Attached hereto as Exhibit 3 is a true and correct copy of a letter from Natasha
`
`Daughtrey to Emily Gabranski, dated February 12, 2021.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`Plaintiffs,
`
`
`v.
`
`ELI LILLY AND COMPANY,
`Defendant.
`
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`
`
`
`
`
`ATTORNEY DECLARATION OF ELAINE HERRMANN BLAIS IN SUPPORT OF
`PLAINTIFFS’ MOTION FOR SANCTIONS PURSUANT TO FED. R. CIV. P. 37(B)
`
`I, Elaine Herrmann Blais, declare as follows:
`
`1.
`
`I am a partner at Goodwin Procter LLP and counsel for Plaintiffs Teva
`
`Pharmaceuticals International GMBH and Teva Pharmaceuticals USA, Inc. (collectively,
`
`“Teva”) in this matter. I am licensed to practice before all courts in the Commonwealth of
`
`Massachusetts, and this Court, and submit this Declaration in support of Teva’s concurrently-
`
`filed Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(b). I have personal knowledge of the
`
`matters set forth herein, and if called upon would testify as follows.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy an email from Emily
`
`Gabranski to Teva Counsel, dated May 5, 2021.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of a letter from Natasha
`
`Daughtrey to Emily Gabranski, dated October 30, 2020.
`
`4.
`
` Attached hereto as Exhibit 3 is a true and correct copy of a letter from Natasha
`
`Daughtrey to Emily Gabranski, dated February 12, 2021.
`
`
`
`Case 1:18-cv-12029-ADB Document 145 Filed 08/18/21 Page 2 of 5
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of a letter from Emily
`
`Gabranski to Natasha Daughtrey, dated January 28, 2021.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of internal Lilly email
`
`correspondence regarding its CGRP antibody development program, dated March 14, 2007.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of internal Lilly meeting
`
`minutes regarding its CGRP antibody development program, dated March 18, 2009.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct excerpted copy of an internal
`
`Lilly slide deck regarding its CGRP antibody development program, dated April 20, 2009.
`
`9.
`
`Attached hereto as Exhibit 8 is a true and correct excerpted copy of an internal
`
`Lilly slide deck regarding its CGRP antibody development program, dated October 9, 2017.
`
`10.
`
`Attached hereto as Exhibit 9 is a true and correct excerpted copy of Plaintiffs’
`
`First Set of Requests for Admission to Defendant (Nos. 1-25), dated March 1, 2021.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct excerpted copy of Lilly’s
`
`Objections & Responses to Teva’s First Set of Requests for Admission (Nos. 1-25), dated
`
`March 31, 2021.
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of a letter from Natasha
`
`Daughtrey to Emily Gabranski, dated June 7, 2021.
`
`13.
`
`Attached hereto as Exhibit 12 is a true and correct copy of a Letter from Emily
`
`Gabranski to Natasha Daughtrey, dated June 10, 2021.
`
`14.
`
`Attached hereto as Exhibit 13 is a true and correct excerpted copy of the
`
`transcript of the June 24, 2021 Deposition of Robert Benschop, Ph. D.
`
`15.
`
`Attached hereto as Exhibit 14 is a true and correct excerpted copy of the
`
`transcript of the June 17, 2021 Deposition of Barrett Allan, Ph.D.
`
`
`
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 145 Filed 08/18/21 Page 3 of 5
`
`16.
`
`Attached hereto as Exhibit 15 is a true and correct excerpted copy of the
`
`transcript of the June 18, 2021 Deposition of Ryan Darling, Ph.D.
`
`17.
`
`Attached hereto as Exhibit 16 is a true and correct copy of an email from Natasha
`
`Daughtrey to Lilly counsel, dated June 30, 2021.
`
`18.
`
`Attached hereto as Exhibit 17 is a true and correct copy of a letter from Denise
`
`Main to Natasha Daughtrey, dated July 7, 2021.
`
`19.
`
`Attached hereto as Exhibit 18 is a true and correct copy of a letter from Natasha
`
`Daughtrey to Denise Main, dated July 19, 2021.
`
`20.
`
`Attached hereto as Exhibit 19 is a true and correct copy of a letter from Denise
`
`Main to Natasha Daughtrey, dated July 27, 2021.
`
`21.
`
`Attached hereto as Exhibit 20 is a true and correct copy of a letter from Denise
`
`Main to Natasha Daughtrey, dated August 5, 2021.
`
`22.
`
`Attached hereto as Exhibit 21 is a true and correct copy of internal Lilly email
`
`correspondence regarding its CGRP antibody development program, dated April 22, 2016.
`
`23.
`
`Attached hereto as Exhibit 22 is a true and correct copy of internal Lilly email
`
`correspondence regarding LY2951742, dated March 23, 2011.
`
`24.
`
`Exhibits 5-22 to this declaration are subject to Plaintiffs’ pending Uncontested
`
`Motion for Leave to Impound Confidential Portions of Plaintiffs’ Motion for Sanctions Pursuant
`
`to Fed. R. Civ. P. 37(b) and Exhibits (ECF No. 142) and will be provisionally filed under seal.
`
`25.
`
`Complete copies of any excerpted documents identified above will be provided to
`
`the Court upon request.
`
`
`
`
`3
`
`
`
`Case 1:18-cv-12029-ADB Document 145 Filed 08/18/21 Page 4 of 5
`
`I declare, under penalty of perjury, that the foregoing is true and correct to the best of my
`
`knowledge, and that I executed this declaration in Boston, Massachusetts on this 18th day of
`
`/s/ Elaine Hermann Blais
`Elaine Herrmann Blais (BBO# 656142)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`Tel.: (617) 570-1000
`Fax: (617) 523-1231
`eblais@goodwinlaw.com
`
`August, 2021.
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case 1:18-cv-12029-ADB Document 145 Filed 08/18/21 Page 5 of 5
`
`CERTIFICATE OF SERVICE
`
`I, Elaine H. Blais, certify that on August 18, 2021, this document and Exhibits 1-4 were
`
`filed through the ECF system and sent electronically to the registered participants identified on
`
`the Notice of Electronic Filing; Exhibits 5-22 were served on the following persons via email.
`
`Andrea L. Martin
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110-1624
`(617) 345-3000
`amartin@burnslev.com
`
`Emily R. Gabranski
`Marta Garcia Daneshvar
`Oulu Wang
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`2 Seaport Lane
`Boston, MA 02210-2001
`Emily.Gabranski@finnegan.com
`Marta.Garcia@finnegan.com
`Lulu.Wang@finnegan.com
`
`Mark J. Stewart
`Sanjay M. Jivraj
`ELI LILLY AND COMPANY
`Lilly Corporate Center
`Indianapolis, IN 46285
`stewart_mark@lilly.com
`sjivraj@lilly.com
`
`
`
`Attorneys for Defendant
`
`
`
`
`
`
`Charles E. Lipsey
`Ryan P. O’Quinn
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`1875 Explorer Street
`Suite 800
`Reston, VA 20190-6023
`Charles.Lipsey@finnegan.com
`Ryan.o’quinn@finnegan.com
`
`William B. Raich
`Denise Main
`Danielle A. Duszczyszyn
`Pier D. DeRoo
`Daniel F. Roland
`Matthew J. Luneack
`Amana Abdulwakeel
`Yoonjin Lee
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`William.Raich@finnegan.com
`Denise.Main@finnegan.com
`Danielle.Duszczyszyn@finnegan.com
`Pier.Deroo@finnegan.com
`Daniel.Roland@finnegan.com
`Matthew.Luneack@finnegan.com
`Amana.Abdulwakeel@finnegan.com
`Yoonjin.Lee@finnegan.com
`
`/s/ Elaine Herrmann Blais
`Elaine Herrmann Blais (BBO# 656142)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`(617) 570-1000
`eblais@goodwinlaw.com
`
`5
`
`
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