`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`Case No. 1:18-cv-12029-ADB
`
`ORAL ARGUMENT
`REQUESTED
`
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`TEVA PHARMACEUTICALS
`
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS USA, INC.,
`
`Plaintiffs,
`
`v.
`
`ELI LILLY AND COMPANY,
`
`Defendant.
`
`
`
`DEFENDANT ELI LILLY AND COMPANY’S MOTION
`FOR LEAVE TO AMEND ANSWER
`
`Pursuant to Fed. R. Civ. P. 15(a)(2) and 16(b)(4) as well as Local Rule 16.1(g), Defendant
`
`Eli Lilly and Company (“Lilly”) requests leave to file an Amended Answer to Plaintiffs Teva
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`Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc.’s (collectively,
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`“Teva”) Complaint (ECF No. 1) on the grounds that recently completed document production by
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`Teva and its predecessors-in-interest and recently completed depositions of Teva-controlled
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`witnesses provide bases for particularized assertions that the patents-in-suit are unenforceable for
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`inequitable conduct and associated unclean hands. A copy of the proposed Amended Answer to
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`Plaintiffs’ Complaint is attached as Exhibit A to the Memorandum of Law, and a copy of the
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`same, with changes from Lilly’s Answer (ECF No. 17) shown in redline, is attached as Exhibit B.
`
`REQUEST FOR ORAL ARGUMENT
`
`Pursuant to Local Rule 7.1(d), Lilly requests oral argument on this motion.
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`
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`Case 1:18-cv-12029-ADB Document 175 Filed 10/04/21 Page 2 of 3
`
`Dated: October 4, 2021
`
`William B. Raich
`Danielle A. Duszczyszyn
`Denise Main
`Pier D. DeRoo
`Daniel F. Roland
`Matthew Luneack
`Yoonjin Lee
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`William.Raich@finnegan.com
`Danielle.Duszczyszyn@finnegan.com
`Denise.Main@finnegan.com
`Pier.DeRoo@finnegan.com
`Daniel.Roland@finnegan.com
`Matthew.Luneack@finnegan.com
`Yoonjin.Lee@finnegan.com
`
` /s/Andrea L. Martin
`Andrea L. Martin (BBO 666117)
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110-1624
`(617) 345-3000
`amartin@burnslev.com
`
`Charles E. Lipsey
`Ryan O’Quinn
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`1875 Explorer Street
`Suite 800
`Reston, VA 20190-6023
`Charles.Lipsey@finnegan.com
`Oquinnr@finnegan.com
`
`Emily R. Gabranski (BBO 694417)
`Marta Garcia Daneshvar
`Lulu Wang (BBO 704042)
`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
`
`Attorneys for Defendant
`Eli Lilly and Company
`
`LOCAL RULE 7.1 CERTIFICATION
`
`I hereby certify that, pursuant to Local Rule 7.1, counsel for Lilly conferred with counsel
`for Teva and attempted in good faith to resolve or narrow the issues presented in this motion. The
`parties conferred via telephone at least on September 30, 2021 and by email at least on October 1,
`2021. Teva opposes this motion.
`
`/s/Andrea L. Martin
`Andrea L. Martin
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 175 Filed 10/04/21 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`
`I, Andrea Martin, hereby certify that a copy of the foregoing document, filed through the
`CM/ECF system, will be sent electronically to the registered participants as identified on the
`Notice of Electronic Filing (NEF) and paper copies shall be served by first class mail postage
`prepaid on all counsel of record who are not served through the CM/ECF system on October 4,
`2021.
`
`/s/Andrea L. Martin
`Andrea L. Martin
`
`3
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`
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