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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`TEVA PHARMACEUTICALS
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`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS USA, INC.
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`Plaintiffs,
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`v.
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`ELI LILLY AND COMPANY
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`Defendant.
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`Case No. 1:18-cv-12029-ADB
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`DECLARATION OF RYAN P. O’QUINN IN SUPPORT OF DEFENDANT ELI LILLY
`AND COMPANY’S DAUBERT MOTION TO PARTIALLY EXCLUDE TESTIMONY
`OF DR. ELAN RUBINSTEIN AND DR. MARK BERKMAN
`
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`I, Ryan P. O’Quinn, declare as follows:
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`1.
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`I am a partner with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP,
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`counsel for Eli Lilly and Company (Lilly) in this matter. I am licensed to practice in the
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`Commonwealth of Virginia and the District of Columbia and am admitted pro hac vice in the
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`above-captioned case. I have personal knowledge of the matters set forth herein, and if called
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`upon would testify as follows.
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`2.
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`Attached hereto as Exhibit A is a true and correct excerpted copy of the Opening
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`Expert Report of Elan B. Rubinstein, Pharm.D, M.P.H., dated September 15, 2021.
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`3.
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`Attached hereto as Exhibit B is a true and correct excerpted copy of the Rebuttal
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`Expert Report of Laura E. Happe, Pharm.D, M.P.H., dated October 28, 2021.
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`4.
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`Attached hereto as Exhibit C is a true and correct excerpted copy of the
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`transcript of the deposition of Elan B. Rubinstein, Pharm.D, M.P.H., dated January 14, 2022.
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`Case 1:18-cv-12029-ADB Document 313 Filed 03/28/22 Page 2 of 4
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`5.
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`Attached hereto as Exhibit D is a true and correct excerpted copy of the Reply
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`Expert Report of Elan B. Rubinstein, Pharm.D, M.P.H., dated December 7, 2021.
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`6.
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`Attached hereto as Exhibit E is a true and correct copy of a document produced
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`by Teva in this litigation bearing Bates numbers TEVA_FREM_002987369–
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`TEVA_FREM_002987379.
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`7.
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`Attached hereto as Exhibit F is a true and correct excerpted copy of the Reply
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`Report of Mark P. Berkman, dated December 7, 2021.
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`8.
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`Attached hereto as Exhibit G is a true and correct excerpted copy of the Expert
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`Report of Mark P. Berkman, dated September 16, 2021.
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`9.
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`Attached hereto as Exhibit H is a true and correct excerpted copy of the
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`transcript of the deposition of Mark P. Berkman, Ph.D., dated January 18, 2022.
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`10.
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`Attached hereto as Exhibit I is a true and correct copy of the webpage “Get
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`Savings Offer | AJOVY® (fremanezumab-vfrm) injection” located at the URL
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`https://www.ajovy.com/savings/; last accessed March 23, 2022.
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`11.
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`Attached hereto as Exhibit J is a true and correct copy of a document produced
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`by Lilly in this litigation bearing Bates numbers LLY-GALCA-00706061–LLY-GALCA-
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`00706109.
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`12.
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`Attached hereto as Exhibit K is a true and correct copy of a document produced
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`by Teva in this litigation bearing Bates numbers TEVA_FREM_004789029–
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`TEVA_FREM_004789059.
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`13.
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`Attached hereto as Exhibit L is a true and correct copy of the webpage “U.S.
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`Bureau of Labor Statistics, CPI for All Urban Consumers (CPI-U)” located at the URL
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`2
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`Case 1:18-cv-12029-ADB Document 313 Filed 03/28/22 Page 3 of 4
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`https://data.bls.gov/timeseries/CUUR0000SA0&output_view=pct_12mths; last accessed March
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`23, 2022.
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`14.
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`Attached hereto as Exhibit M is a true and correct excerpted copy of the
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`transcript of the deposition of Laura Steele, dated August 4, 2021.
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`15.
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`Attached hereto as Exhibit N is a true and correct copy of a document produced
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`by Lilly in this litigation bearing Bates numbers LLY-GALCA-00690565– LLY-GALCA-
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`00690585.
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`16.
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`Attached hereto as Exhibit O is a true and correct copy of a document entitled
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`Teva Full Product Catalog, dated January 10, 2022, introduced as Exhibit 13 in the January 14,
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`2022 deposition of Elan Rubinstein.
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`17.
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`Exhibits A-H, J, K, M, and N to this declaration are subject to Defendant Lilly’s
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`Assented-To Motion for Leave to Impound Confidential Portions of Defendant’s Memoranda
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`and Certain Exhibits (ECF No. 284; granted at ECF No. 285) and will be provisionally filed
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`under seal.
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`18.
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`Complete copies of any excerpted documents identified above will be provided to
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`the Court upon request.
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` declare under the penalty of perjury that the foregoing is true and correct to the best of
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` I
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`my knowledge.
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`Executed on this 28th day of March, 2022, in Ashburn, Virginia.
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` /s/ Ryan P. O’Quinn
`Ryan P. O’Quinn
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`3
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`Case 1:18-cv-12029-ADB Document 313 Filed 03/28/22 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I, Andrea L. Martin, hereby certify that this document filed through the ECF system will
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`be sent electronically to the registered participants as identified on the Notice of Electronic Filing
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`(NEF) and paper copies will be sent to those indicated as non-registered participants on March
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`28, 2022.
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`/s/Andrea L. Martin
`Andrea L. Martin
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