`
`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
`
`DECLARATION OF ELAINE HERRMANN BLAIS IN SUPPORT OF PLAINTIFFS’
`OPPOSITION TO DEFENDANT ELI LILLY AND COMPANY’S DAUBERT
`MOTION TO PARTIALLY EXCLUDE TESTIMONY OF DR. ELAN RUBINSTEIN
`AND DR. MARK BERKMAN
`
`I, Elaine Herrmann Blais, hereby declare as follows:
`
`1.
`
`I am a resident of the United States and over the age of 21. The facts set forth
`
`herein are true and of my personal knowledge. If called upon to testify, I could and would verify
`
`competently thereto.
`
`2.
`
`I am a Partner at the law firm of Goodwin Procter LLP, counsel for Plaintiffs Teva
`
`Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc. (collectively, “Teva”)
`
`in the above-captioned action. I am a member in good standing of the State Bar of Massachusetts.
`
`3.
`
`I submit this declaration in support of Plaintiffs’ Opposition to Defendant Eli Lilly
`
`and Company’s Daubert Motion to Partially Exclude Testimony of Dr. Elan Rubinstein and Dr.
`
`Mark Berkman.
`
`4.
`
`Attached as Exhibit A hereto is a true and correct copy of the Opening Expert
`
`Report of Elan B. Rubinstein, Pharm.D., M.P.H., dated September 16, 2021.
`
`
`
`Case 1:18-cv-12029-ADB Document 345 Filed 05/10/22 Page 2 of 3
`
`5.
`
`Attached as Exhibit B hereto is a true and correct copy of the Reply Expert Report
`
`of Elan B. Rubinstein, Pharm.D., M.P.H., dated December 7, 2021.
`
`6.
`
`Attached as Exhibit C hereto is a true and correct copy of the Expert Report of
`
`Mark P. Berkman on behalf of Teva Pharmaceuticals International GmbH and Teva
`
`Pharmaceuticals, USA, Inc., dated September 16, 2021.
`
`7.
`
`Attached as Exhibit D hereto is a true and correct copy of the Reply Report of Mark
`
`P. Berkman on behalf of Teva Pharmaceuticals International GmbH and Teva Pharmaceuticals,
`
`USA, Inc., dated December 7, 2021.
`
`8.
`
`Attached as Exhibit E hereto is a true and correct excerpt of the deposition
`
`transcript of Elan B. Rubinstein, Pharm.D., M.P.H., dated January 14, 2022.
`
`9.
`
`Attached as Exhibit F hereto is a true and correct excerpt of the deposition
`
`transcript of Ryan Pettibone, dated July 29, 2021.
`
`10.
`
`Attached as Exhibit G hereto is a true and correct excerpt of the deposition
`
`transcript of Cory Rotterman, dated July 2, 2021.
`
`11.
`
`Attached as Exhibit H hereto is a true and correct excerpt of the deposition
`
`transcript of Gordon James Brooks, dated July 23, 2021.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Executed: May 10, 2022
`
`/s/ Elaine Herrmann Blais
` Elaine Herrmann Blais (BBO #656142)
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 345 Filed 05/10/22 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`
`I, Elaine Herrmann Blais, hereby certify that this document filed through the ECF
`
`system will be sent electronically to the registered participants as identified on the Notice of
`
`Electronic Filing (“NEF”) and paper copies will be sent to those indicated as non-registered
`
`participants on May 10, 2022.
`
`/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
`
`
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