Case 1:18-cv-12029-ADB Document 69 Filed 09/11/20 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`
`Plaintiffs,
`
`
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`v.
`
`ELI LILLY AND COMPANY,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`ATTORNEY DECLARATION OF ELAINE HERRMANN BLAIS IN SUPPORT
`OF PLAINTIFFS’ OPENING CLAIM CONSTRUCTION BRIEF
`
`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
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`Massachusetts, and this Court, and submit this Declaration in support of Plaintiffs’ Opening
`
`Claim Construction Brief. I have personal knowledge of the matters set forth herein, and if
`
`called upon would testify as follows.
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`2.
`
`Attached hereto as Exhibit A is a true and correct copy of U.S. Patent. No.
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`8,586,045.
`
`3.
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`Attached hereto as Exhibit B is a true and correct excerpted copy of the Petition
`
`for Inter Partes Review filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH, IPR2018-01712,
`
`Paper 1 (P.T.A.B. October 1, 2018).
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`
`Plaintiffs,
`
`
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`v.
`
`ELI LILLY AND COMPANY,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`ATTORNEY DECLARATION OF ELAINE HERRMANN BLAIS IN SUPPORT
`OF PLAINTIFFS’ OPENING CLAIM CONSTRUCTION BRIEF
`
`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, and submit this Declaration in support of Plaintiffs’ Opening
`
`Claim Construction Brief. I have personal knowledge of the matters set forth herein, and if
`
`called upon would testify as follows.
`
`2.
`
`Attached hereto as Exhibit A is a true and correct copy of U.S. Patent. No.
`
`8,586,045.
`
`3.
`
`Attached hereto as Exhibit B is a true and correct excerpted copy of the Petition
`
`for Inter Partes Review filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH, IPR2018-01712,
`
`Paper 1 (P.T.A.B. October 1, 2018).
`
`
`
`
`
`Case 1:18-cv-12029-ADB Document 69 Filed 09/11/20 Page 2 of 5
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`
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`4.
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` Attached hereto as Exhibit C is a true and correct excerpted copy of the
`
`Declaration of Alain P. Vasserot, Ph.D. filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH,
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`IPR2018-01712, Exhibit 1236 (P.T.A.B. October 1, 2018).
`
`5.
`
`Attached hereto as Exhibit D is a true and correct excerpted copy of the
`
`Declaration of Dr. Andrew Charles filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH,
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`IPR2018-01712, Exhibit 1018 (P.T.A.B. October 1, 2018).
`
`6.
`
`Attached hereto as Exhibit E is a true and correct excerpted copy of the Final
`
`Written Decision filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH, IPR2018-01712, Paper 68
`
`(P.T.A.B. March 31, 2020).
`
`7.
`
`Attached hereto as Exhibit F is a true and correct excerpted copy of the Petition
`
`for Inter Partes Review filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH, IPR2018-01425,
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`Paper 1 (P.T.A.B. August 8, 2018).
`
`8.
`
`Attached hereto as Exhibit G is a true and correct excerpted copy of the Final
`
`Written Decision filed in Eli Lilly & Co. v. Teva Pharms. Int’l GmbH, IPR2018-01425, Paper 78
`
`(P.T.A.B. February 18, 2020).
`
`9.
`
`Attached hereto as Exhibit H is a true and correct excerpted copy of Defendant’s
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`Preliminary Disclosures Pursuant to Rule 16.6(d)(4), served in the above-captioned matter on
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`July 10, 2020.
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`10.
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`Attached hereto as Exhibit I is a true and correct excerpted copy of U.S. Patent
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`No. 8,597,649.
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`11.
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`Attached hereto as Exhibit J is a true and correct excerpted copy of U.S. Patent
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`No. 9,266,951.
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`2
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`Case 1:18-cv-12029-ADB Document 69 Filed 09/11/20 Page 3 of 5
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`12.
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` Attached hereto as Exhibit K is a true and correct excerpted copy of U.S. Patent
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`No. 9,346,881.
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`13.
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`Attached hereto as Exhibit L is a true and correct excerpted copy of U.S. Patent
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`No. 9,340,614.
`
`14.
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`Attached hereto as Exhibit M is a true and correct excerpted copy of U.S. Patent
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`No. 9,890,210.
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`15.
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`Attached hereto as Exhibit N is a true and correct excerpted copy of U.S. Patent
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`No. 9,890,211.
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`16.
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`Attached hereto as Exhibit O is a true and correct excerpted copy of U.S. Patent
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`No. 9,884,907.
`
`17.
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`Attached hereto as Exhibit P is a true and correct excerpted copy of U.S. Patent
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`No. 9,884,908.
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`18.
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`Attached hereto as Exhibit Q is a true and correct excerpted copy of the
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`prescribing information for EMGALITY (galcanezumab-gnlm) injection, for subcutaneous use
`
`(last revised December 5, 2019).
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`19.
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`Attached hereto as Exhibit R is a true and correct copy of Chapter 3, “Antigen
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`Recognition by B-cell and T-cell Receptors” from Charles A. Janeway et al., Immunobiology:
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`The Immune System in Health and Disease, 5th Edition, 2001.
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`20.
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`Attached hereto as Exhibit S is a true and correct copy of Chapter 7, “Antibody
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`Humanization by CDR Grafting,” from Antibody Engineering: Methods and Protocols, Methods
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`in Molecular Biology™, Edited by Benny K.C. Lo, 2004.
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`21.
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`Attached hereto as Exhibit T is a true and correct copy of the article Riechmann
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`et al., Reshaping Human Antibodies for Therapy, Nature, 332:323–27, 1988.
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`3
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`Case 1:18-cv-12029-ADB Document 69 Filed 09/11/20 Page 4 of 5
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`22.
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`Attached hereto as Exhibit U is a true and correct copy of pages from Pei-Show
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`Juo, Ph.D., Concise Dictionary of Biomedicine and Molecular Biology, 2nd Edition, 2001.
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`23.
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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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`I declare, under penalty of perjury, that the foregoing is true and correct to the best of my
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`knowledge, and that I executed this declaration in Milton, Massachusetts on this 11th day of
`
`/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
`
`September, 2020.
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`Respectfully Submitted,
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`4
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`Case 1:18-cv-12029-ADB Document 69 Filed 09/11/20 Page 5 of 5
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`
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`CERTIFICATE OF SERVICE
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`I, Elaine H. Blais, hereby certify that a copy of the foregoing document, filed through the
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`CM/ECF system, will be sent electronically to the registered participants as identified on the
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`Notice of Electronic Filing (NEF) and paper copies shall be served by first class mail postage
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`prepaid on all counsel of record who are not served through the CM/ECF system on September
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`11, 2020.
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`
`
`
`
`
`
`
`/s/ Elaine Herrmann Blais
`Elaine Herrmann Blais (BBO# 656142)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`(617) 570-1000
`eblais@goodwinlaw.com
`
`5
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