`
`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 TEVA PHARMACEUTICALS INTERNATIONAL GMBH AND TEVA
`PHARMACEUTICALS USA, INC.’S SURREPLY IN OPPOSITION TO MOTION FOR
`LEAVE TO AMEND ANSWER
`
`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. I submit this Declaration in support of Teva’s concurrently filed Surreply in
`
`Opposition to Motion for Leave to Amend Answer. 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 of excerpts of Rinat/Pfizer
`
`Lab Notebook No. 225 of Dr. Jörg Zeller, produced on May 1, 2020, with beginning Bates number
`
`TEVA_FREM_000133598.
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of excerpts of Rinat/Pfizer
`
`Lab Notebook No. 324 of Dr. Jörg Zeller, produced on May 1, 2020, with beginning Bates number
`
`TEVA_FREM_000133117.
`
`
`
`1
`
`
`
`Case 1:18-cv-12029-ADB Document 232 Filed 11/18/21 Page 2 of 4
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the third-party
`
`subpoena served on Dr. Arnon Rosenthal by Eli Lilly & Co., served on May 5, 2021.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the third-party
`
`subpoena served on Dr. Jaume Pons by Eli Lilly & Co., served on May 5, 2021.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the third-party
`
`subpoena served on Dr. Jörg Zeller by Eli Lilly & Co., served on May 5, 2021.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the third-party
`
`subpoena served on Dr. Kristian Poulsen by Eli Lilly & Co., served on May 5, 2021.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the third-party
`
`subpoena served on Dr. Yasmina Noubia Abdiche by Eli Lilly & Co., served on May 5, 2021.
`
`9.
`
`Exhibits 1–7 to this declaration are subject to the Court’s order granting Plaintiffs’
`
`Assented to Motion for Leave to Impound Confidential Portions of Plaintiffs’ Surreply in
`
`Opposition to Motion for Leave to Amend Answer and Exhibits (ECF Nos. 227, 228) and will be
`
`filed under seal.
`
`10.
`
`Complete copies of any excerpted documents identified above will be provided to
`
`the Court upon request.
`
`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 15th day of
`
`November, 2021.
`
`
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 232 Filed 11/18/21 Page 3 of 4
`
`
`Dated: November 15, 2021
`
`Respectfully Submitted,
`
`/s/ Elaine Herrmann 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
`
`
`
`
`
`3
`
`
`
`
`
`
`
`Case 1:18-cv-12029-ADB Document 232 Filed 11/18/21 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I, Elaine Herrmann Blais, hereby certify that on November 18, 2021, a copy of
`
`the foregoing document was served on the following persons via CM/ECF:
`
`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
`Lulu 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
`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
`Yoonjin.Lee@finnegan.com
`
`/s/ Elaine Herrmann 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
`
`4
`
`
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