`
`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.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 1:18-cv-12029-ADB
`
`DECLARATION OF EMILY R. GABRANSKI IN SUPPORT OF DEFENDANT’S
`MOTION TO TRANSFER, OR, IF NOT TRANSFERRED,
`THEN TO STAY THIS LITIGATION PENDING INTER PARTES REVIEW
`
`I, Emily R. Gabranski, hereby declare as follows:
`
`I am an associate with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,
`1.
`counsel for Eli Lilly and Company in this matter. I am licensed to practice law in the
`Commonwealth of Massachusetts and the District of Columbia and I have been admitted pro hac
`vice in the above-captioned case. I have personal knowledge of the matters set forth herein.
`
`Attached as Exhibit A to this Declaration is a true and correct copy of the
`2.
`Declaration of Robert Russell Conley, M.D., dated November 2, 2018.
`
`Attached as Exhibit B to this Declaration is a true and correct copy of a Lilly Press
`3.
`Release, dated June 10, 2017.
`
`Attached as Exhibit C to this Declaration is a true and correct copy of a Lilly Press
`4.
`Release, dated January 18, 2017.
`
`Attached as Exhibit D to this Declaration is a true and correct copy of an Adis
`5.
`Insight Drug Profile on Fremanezumab, dated November 27, 2017.
`
`Attached as Exhibit E to this Declaration is a true and correct copy of a report by
`6.
`the Patent Trial and Appeal Board, entitled “Trial Statistics IPR, PGR, CBM, Patent Trial and
`Appeal Board,” dated September 2018.
`
`Attached as Exhibit F to this Declaration is a true and correct copy of an Order on
`7.
`a Motion to Stay in Fisher-Price, Inc. et al v. Dynacraft BSC, Inc., No. 4:17-cv-03745 (N.D. Cal.
`Nov. 7, 2017), D.I. 50.
`
`1
`
`
`
`Case 1:18-cv-12029-ADB Document 20 Filed 11/02/18 Page 2 of 3
`
`Attached as Exhibit G to this Declaration is a true and correct copy of an Order on
`8.
`a Motion to Stay in Medline Indus., Inc. v. C.R. Bard, Inc., No. 1:14-cv-03618 (N.D. Ill. Feb. 11,
`2015), D.I. 107.
`
`Attached as Exhibit H to this Declaration is a true and correct copy of an Order on
`9.
`a Motion to Stay in Health Diagnostic Lab., Inc. v. Bos. Heart Diagnostics Corp., No. 3:14-cv-
`00796 (E.D. Va. Feb. 4, 2015), D.I. 37.
`
`Attached as Exhibit I to this Declaration is a true and correct copy of a letter from
`10.
`Danielle A. Duszczyszyn to Douglas J. Kline and Elaine Hermann Blais, dated August 10, 2018.
`
`Attached as Exhibit J to this Declaration is a true and correct copy of a letter from
`11.
`Danielle A. Duszczyszyn to Douglas J. Kline and Elaine Hermann Blais, dated September 4, 2018.
`
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`knowledge.
`
`Executed this 2nd day of November, 2018.
`
`
`
` /s/ Emily R. Gabranski
`Emily R. Gabranski
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 20 Filed 11/02/18 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`
`I, Andrea L. Martin, hereby certify that this 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 November 2, 2018.
`
`/s/Andrea L. Martin
`
`Andrea L. Martin
`
`3
`
`
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