Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 1 of 29 PageID: 7049
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`Jazz Pharmaceuticals, Inc. et al. v. Amneal Pharmaceuticals, LLC. et al.,
`Civil Action No. 2:13-cv-391 (ES)(JAD) (Consolidated)
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`Exhibit 1 to Lupin 5/26/17 Letter
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`Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 2 of 29 PageID: 7050
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`UNDITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`Consolidated Civil Action No.
`13-391 (ES)(JAD)
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`)))))))))))))))
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`
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`Plaintiffs,
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`Defendants.
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`JAZZ PHARMACEUTICALS, INC. and
`JAZZ PHARMACEUTICALS IRELAND
`LIMITED,
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`LUPIN LTD., LUPIN
`PHARMACEUTICALS, INC., and
`LUPIN INC.
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`v.
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`DEFENDANTS LUPIN LIMITED’S, LUPIN INC.’S AND LUPIN
`PHARMACEUTICALS INC.’S FIRST SET OF REQUESTS FOR
`PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFFS (NOS. 1-108)
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`Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Defendants Lupin Limited,
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`Lupin Pharmaceuticals, Inc. (“LPI”) and Lupin Inc. (collectively, “Lupin”) request that Plaintiffs
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`Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, “Plaintiffs” or
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`“Jazz”) produce the documents and things requested herein at the offices of Rakoczy Molino
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`Mazzochi Siwik LLP, 6 West Hubbard Street, Suite 500, Chicago, Illinois 60654, or at an
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`alternative location upon which the parties mutually agree, within thirty (30) days of service of
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`these Requests.
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`DEFINITIONS AND INSTRUCTIONS
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`1.
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`“Jazz” or “Plaintiffs” shall mean Jazz Pharmaceuticals, Inc. and Jazz
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`Pharmaceuticals Ireland Limited, the named Plaintiffs to the Current Litigation (as defined
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`below), and includes without limitation, (a) any of its divisions, departments, or other
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`organizational or operational units; (b) all of its predecessor or successor companies or
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`corporations; and (c) present and former officers, directors, employees, agents, consultants,
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`representatives, attorneys, or others acting or purporting to act on its behalf.
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`2.
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`The term “the ‘431 patent” shall mean United States Patent No. 6,472,431 and
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`any related application.
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`3.
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`The term “the ‘889 patent” shall mean United States Patent No. 6,780,889 and
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`any related application.
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`4.
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`The term “the ‘219 patent” shall mean United States Patent No. 7,262,219 and
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`any related application.
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`5.
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`The term “the ‘650 patent” shall mean United States Patent No. 8,263,650 and
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`any related application.
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`6.
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`The term “the ‘203 patent” shall mean United States Patent No. 8,461,203 and
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`any related application.
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`7.
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`The term “the ‘619 patent” shall mean United States Patent No. 8,859,619 and
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`any related application.
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`8.
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`The term “the ‘506 patent” shall mean United States Patent No. 7,851,506 and
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`any related application.
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`9.
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`The term “the ‘275 patent” shall mean United States Patent No. 8,324,275 and
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`any related application.
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`10.
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`The term “the ‘306 patent” shall mean United States Patent No. 8,772,306 and
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`any related application.
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`11.
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`The term “the ‘062 patent” shall mean United States Patent No. 8,952,062 and
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`any related application.
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`2
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`12.
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`The term “the ‘302 patent” shall mean United States Patent No. 9,050,302 and
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`any related application.
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`13.
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`The
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`term “Patents-in-Suit” or “Formulation/Dosing Patents” shall mean
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`collectively the ‘431 patent, the ‘889 patent, the ‘219 patent, the ‘650 patent, the ‘203 patent, the
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`‘619 patent, the ‘506 patent, the ‘275 patent, the ‘306 patent, the ‘062 patent, and the ‘302
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`patent.1
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`14.
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`“PTO” shall mean the United States Patent and Trademark Office, including any
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`employees thereof.
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`15.
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`The terms “Inventor” or “Inventors” shall mean any of the individuals listed on
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`the fact of the Patents-in-Suit, namely Harry Cook, Martha Hamilton, Douglas Danielson,
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`Colette Goderstad, Dayton T. Reardan (or Dayton Reardan) and/or Mark Eller, whether
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`collectively or individually.
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`16.
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`17.
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`18.
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`“ANDA” shall mean Abbreviated New Drug Application.
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`“Lupin’s ANDA” shall mean Abbreviated New Drug Application No. 207415.
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`“Xyrem®” shall mean drug products associated with NDA No. 21-196, including
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`but not limited to sodium oxybate oral solution, 0.5 g per mL, that is available under the brand
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`name Xyrem®.
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`19.
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`“Sodium oxybate” shall mean the sodium salt of the chemical compound known
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`as gamma-hydroxybutyrate (“GHB”) or 4-hydroxybutyrate.
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`20.
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`“FDA” shall mean United States Food and Drug Administration.
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`1 Pursuant to this Court’s Scheduling Order and agreement of the parties, discovery regarding
`U.S. Patent Nos. 7,668,730, 7,765,106, 7,765,107, 7,895,059, 8,457988, 8,589,182 and
`8,731,963 (collectively, “the REMS Patents”) is stayed pending further Order of the Court. (See
`D.I. 215 ¶ 16). As such, Lupin reserves its right to seek fact discovery concerning the REMS
`Patents once this stay is lifted by the Court.
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`3
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`21.
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`22.
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`23.
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`24.
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`“USP” shall mean the United States Pharmacopeia.
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`“IND” shall mean Investigational New Drug Application.
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`“NDA” shall mean New Drug Application.
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`The “Current Litigation” shall mean Jazz Pharm., Inc. et al. v. Lupin Ltd. et al.,
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`Civil Action No. 15-6548 (ES)(JAD) (D.N.J.) as consolidated with Jazz Pharm., Inc. et al. v.
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`Amneal Pharm., LLC, Consolidated Civil Action No. 13-391 (ES)(JAD) (D.N.J.), or any
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`subsequent reassignment or transfers of such case pending in the United States District Court for
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`the District of New Jersey.
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`25.
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`The “Related Proceedings” shall mean any patent infringement lawsuit (whether
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`currently or previously pending or filed subsequent to the service of these Requests) involving
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`Xyrem® (as that term is defined above) and any of the Patents-in-Suit (as that term is defined
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`above) and/or any proceedings before the Patent Trial and Appeal Board (“PTAB”) involving
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`any of the Patents-in-Suit (as that term is defined above), including but not limited to the
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`following: Jazz Pharm., Inc. v. Ranbaxy Labs. Ltd., No. 14-4467 (D.N.J filed July 15, 2014);
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`Jazz Pharm., Inc. v. Par Pharm., Inc., No. 13-7884 (D.N.J. Filed Dec. 27, 2013); Jazz Pharm.,
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`Inc. v. Amneal Pharm., LLC et al., No. 13-391 (D.N.J. Filed Jan. 18, 2013); Jazz Pharm., Inc. v.
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`Roxane Labs., Inc., No. 10-6108 (D.N.J. Filed Nov. 22, 2010); Jazz Pharm., Inc. v. Par Pharm.,
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`Inc., No. 14-5824 (D.N.J. Filed Sep. 18, 2014); Jazz Pharm., Inc. et al. v. Par Pharm., Inc., No.
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`14-6150 (D.N.J. Filed Oct. 2, 2014); Jazz Pharm., Inc. et al. v. Ranbaxy Labs. Ltd. et al., No. 14-
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`6151 (D.N.J. Filed Oct. 2, 2014); Jazz Pharm., Inc. et al. v. Watson Labs., Inc., No. 14-7757
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`(D.N.J. Filed Dec. 11, 2014); Jazz Pharm., Inc. et al. v. Watson Labs., Inc., No. 15-4532 (D.N.J.
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`filed June 26, 2015); Jazz Pharm., Inc. v. Par Pharm., Inc., No. 15-173 (D.N.J. Filed Jan. 8,
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`2015); Jazz Pharm., Inc. v. Ranbaxy Labs. Ltd. et al., No. 15-187 (D.N.J. Filed Jan. 09, 2015);
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`4
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`Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 6 of 29 PageID: 7054
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`Jazz Pharm., Inc. et al. v. Amneal Pharm., LLC, No. 15-1043 (D.N.J. Filed Feb. 06, 2015); Jazz
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`Pharm., Inc. et al. v. Roxane Labs., Inc., No. 15-1360 (D.N.J. Filed Feb. 20, 2015); Jazz Pharm.,
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`Inc. et al. v. Roxane Labs. Inc., No. 11-660 (D.N.J. Filed Feb. 4, 2011); Jazz Pharm., Inc. et al. v.
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`Roxane Labs. Inc., No. 12-6761 (D.N.J. Filed Oct. 26, 2012); Jazz Pharm., Inc. et al. v. Roxane
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`Labs. Inc., No. 12-7459 (D.N.J. Filed Dec. 5, 2012); Jazz Pharm., Inc. v. Amneal Pharm., LLC,
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`No. 13-5450 (D.N.J. Filed Sept. 12, 2013); Jazz Pharm., Inc. et al. v. Watson Labs., Inc., No. 14-
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`4532 (D.N.J. Filed June 26, 2015); Jazz Pharm., Inc. et al. v. Roxane Labs. Inc., No. 15-3684
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`(D.N.J. Filed June 1, 2015); Jazz Pharm., Inc. v. Amneal Pharm., LLC et al., No. 15-3217
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`(D.N.J. Filed May 7, 2015); Jazz Pharm., Inc. et al. v. Lupin LTD. et al., No. 15-6548 (D.N.J.
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`Filed Sept. 1, 2015); Jazz Pharm., Inc. et al. v. Roxane Labs. Inc., No. 16-469 (D.N.J. Filed Jan.
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`27, 2016); Jazz Pharm., Inc. et al. v. Amneal Pharm., LLC, No. 15-6562 (D.N.J. Filed Sept. 2,
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`2015); Jazz Pharm., Inc. et al. v. Par Pharm., Inc., No. 15-7580 (D.N.J. Filed Oct. 19, 2015);
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`Jazz Pharm., Inc. et al. v. Watson Labs., Inc., No. 16-1505 (D.N.J Filed Mar. 17, 2016); Jazz
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`Pharm., Inc. et al. v. Wockhardt LTD et al., 15-5619 (D.N.J. Filed July 17, 2015); Jazz Pharm.,
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`Inc. et al. v. Wockhardt LTD et al., 16-0099 (D.N.J. Filed Jan. 7, 2016); Jazz Pharm., Inc. v.
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`Ranbaxy Labs. Ltd. et al., No. 15-8229 (D.N.J. Filed Nov. 23, 2015); Wockhardt LTD et al. v.
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`Jazz Pharm., Inc., IPR2016-00370 (P.T.A.B. Dec. 22, 2015); Par Pharm., Inc. v. Jazz Pharm.,
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`Inc., IPR2016-00002 (P.T.A.B. Oct. 6, 2015); Ranbaxy Labs. Ltd. et al. v. Jazz Pharm., Inc.,
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`IPR2016-00024 (P.T.A.B. Oct. 7, 2015); Ranbaxy Labs. Ltd. et al. v. Jazz Pharm., Inc.,
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`IPR2016-00738 (P.T.A.B. Mar. 10, 2016); and Amneal Pharm., LLC et al. v. Jazz Pharm., Inc.,
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`IPR2016-00546 (P.T.A.B. Feb. 2, 2016).
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`26.
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` “Document” shall have the full meaning ascribed under the Federal Rules of
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`Civil Procedure, including Rule 34(a), and shall mean, without limitation, any written, recorded,
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`or graphic material of any kind within your possession, custody or control, whether in paper or
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`electronic form. The term includes, but is not limited to, all agreements; contracts; letters;
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`telegrams; interoffice communications; facsimile transmissions; memoranda; reports; records;
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`studies; instructions; specifications; handwritten or typewritten notes; notebooks, scrapbooks;
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`diaries; calendars; plans; drawings; sketches; diagrams; minutes of meetings, conferences and
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`telephone or other conversations; photocopies; charts; graphs; descriptions; drafts; ledgers;
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`financial statements or reports; invoices; bills; microfilm, microfiche, tape, disk, or diskette
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`recordings; computer records and computer printouts. The term “document” includes
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`electronically stored data from which information can be obtained either directly or by
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`translation through detection devices or readers (any such document is to be produced in a
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`reasonably legible and usable form) including, without limitation, email stored in servers and on
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`hard disks of personal computers, listings of computer code, netlists, and digitized topographic
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`information concerning integrated circuits. The term “document” also includes the original
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`document (or an identical copy thereof if the original is not available) and all copies that differ in
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`any respect from the original as a result of any notation, symbol, number, lettering, underlining,
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`marking or other information appearing thereon, and all attachments thereto, and also includes
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`English translations of documents requested herein whenever such translations exist in whole or
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`in part for a document or portion thereof.
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`27.
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`“Thing” shall mean any physical specimen or other tangible item, other than a
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`Document.
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`28.
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`“Person” shall mean a natural person, individual, corporation, proprietorship,
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`partnership, limited partnership, association, joint venture, governmental body or agency, or
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`other legal entity.
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`6
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`29.
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`“Include” or “including” denotes a portion of a larger whole and is used without
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`limitation.
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`30.
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`“Concerning” or “concerns” means analyzing, consisting of, constituting,
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`describing, discussing, evidencing, incorporating, pertaining to, referring to, reflecting, relating
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`to, or studying in any way whatsoever, or having any logical or factual connection to any matters
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`that are the subject of the Request.
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`31.
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`“Relating to” means in whole or in part, constituting, containing, dealing with,
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`describing, discussing, pertaining to, referring to, or reflecting in any way whatsoever.
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`32.
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`“All” means all or any, and “any” means all or any; “any” shall mean one or
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`more.
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`33.
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`“And” or “or” shall be construed conjunctively or disjunctively, and singular or
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`plural forms of words shall be construed as plural or singular, as necessary to make the Request
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`inclusive rather than exclusive.
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`34. Wherever any document request calls for the identification of a document, a thing,
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`or an oral communication, or the production of a document or thing that Jazz claims to be
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`privileged or immune from discovery as work product or on any other ground, Lupin requests,
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`pursuant to Rule 26(b)(5) of the Federal Rules of Civil Procedure, that Jazz provide within thirty
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`days (30) of service of these Requests a list:
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`a.
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`identifying each particular document request to which Plaintiffs objects,
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`and each specific ground upon which such objection is based; and
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`b.
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`specifying each withheld document or thing, or portion thereof, as follows:
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`(1)
`(2)
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`its date;
`the general nature of the document or thing (e.g., whether it is a
`letter, chart, pamphlet, memorandum, etc.);
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`(3)
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`(4)
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`(5)
`(6)
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`(7)
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`(8)
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`a summary of its contents, or the general subject matter of the
`document or thing;
`the identity of each other document or other thing transmitted with
`or attached to that allegedly privileged or discovery-immune
`document or thing;
`its present location and the identity of its current custodian;
`the identity of each person who authored, prepared, or signed the
`document or thing;
`a listing identifying each person, including but not limited to
`addresses and designated copy recipients, to whom either the
`original or a copy of the document or thing has been disclosed,
`including the date and means of such disclosure; and
`the nature of the privilege, immunity, or other rule of law relied
`upon to withhold the information, document, or thing, and the facts
`supporting Jazz’s asserted reliance.
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`Any purportedly privileged or discovery-immune information or document that contains matter
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`that is not privileged or immune from discovery must be produced with the purportedly
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`privileged or discovery-immune portion excised.
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`35.
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`These Requests are intended to include all documents and things in the
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`possession, custody, or control of Plaintiffs, wherever located.
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`36.
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`The documents or things requested shall be produced either as they are kept in the
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`usual course of business, or organized and labeled to correspond with the Requests to which they
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`are responsive. If there are no documents or things responsive to any particular discovery
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`request, Plaintiffs should so state in writing rather than leave the request unanswered.
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`37.
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`If Plaintiffs come into possession, custody, or control of responsive documents or
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`things between the time of initial production and the time of trial herein, Lupin requests that
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`Plaintiffs promptly supplement their earlier production by producing such documents or things in
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`accordance with Plaintiffs’ obligation to supplement responses under Rule 26(e) of the Federal
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`Rules of Civil Procedure.
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`8
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`DOCUMENT REQUESTS
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`REQUEST NO. 1
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`All documents and things concerning the factual basis for filing suit, and the
`decision to file suit, against Lupin in the Current Litigation.
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`REQUEST NO. 2
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`All documents and things requested to be identified in any Interrogatories served
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`by Lupin.
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`REQUEST NO. 3
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`All documents to which Jazz referred or on which it relied in answering any
`Interrogatory served by Lupin.
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`REQUEST NO. 4
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`All documents to which Jazz referred or upon which it relied in answering any
`interrogatory served in the Related Proceedings.
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`REQUEST NO. 5
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘431 patent.
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`REQUEST NO. 6
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘889 patent.
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`REQUEST NO. 7
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘219 patent.
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`REQUEST NO. 8
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘506 patent.
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`REQUEST NO. 9
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘650 patent.
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`REQUEST NO. 10
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘275 patent.
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`REQUEST NO. 11
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘203 patent.
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`REQUEST NO. 12
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘306 patent.
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`REQUEST NO. 13
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘619 patent.
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`REQUEST NO. 14
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘062 patent.
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`REQUEST NO. 15
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`
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`All documents and things that Jazz asserts constitute a complete copy of the file
`history to the ‘302 patent.
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`REQUEST NO. 16
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`
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`All documents and things concerning any research, experiments, studies, or tests
`conducted by the Inventor(s), including his representatives, Plaintiffs or any other person or
`entity in connection with preparing and/or prosecuting the Patents-in-Suit (and any related
`applications), including all data, results, and/or laboratory notebooks, and/or any prior art
`considered in connection with the same, whether or not such documents or information was cited
`to the PTO.
`
`REQUEST NO. 17
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`
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`Any and all drafts of any documents that were submitted to the PTO in connection
`with the prosecution of the Patents-in-Suit (and any related applications), including any internal
`correspondence and/or memoranda.
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`REQUEST NO. 18
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`
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`All documents relating to any opposition, litigation, reissue, reexamination or
`other proceeding concerning the validity, enforceability, infringement, or extension of the
`Patents-in-Suit, or of any foreign counterpart of this patent.
`
`REQUEST NO. 19
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`
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`All documents and things concerning any communications or contacts between
`the Inventors, Plaintiffs and/or the PTO, any present or former PTO examiner, or other PTO
`employee concerning the Patents-in-Suit, the application from which this patent issued, and/or
`the inventions allegedly described therein.
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`REQUEST NO. 20
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`All documents concerning the alleged invention of the ‘431 patent, including but
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`not limited to:
`
`(a)
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`(b)
`
`(c)
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`(d)
`(e)
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`(f)
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`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘431 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘431 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘431 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘431 patent, and/or in connection with the prosecution of the ‘431
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 21
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`
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`All documents concerning the alleged invention of the ‘889 patent, including but
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`not limited to:
`
`(a)
`
`(b)
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`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘889 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
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`(c)
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`(d)
`(e)
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`(f)
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`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘889 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘889 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘889 patent, and/or in connection with the prosecution of the ‘889
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 22
`
`
`
`All documents concerning the alleged invention of the ‘219 patent, including but
`
`not limited to:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘219 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘219 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘219 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘219 patent, and/or in connection with the prosecution of the ‘219
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 23
`
`
`
`All documents concerning the alleged invention of the ‘506 patent, including but
`
`not limited to:
`
`(a)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘506 patent;
`
`12
`
`

`

`Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 14 of 29 PageID: 7062
`
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘506 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘506 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘506 patent, and/or in connection with the prosecution of the ‘506
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 24
`
`
`
`All documents concerning the alleged invention of the ‘650 patent, including but
`
`not limited to:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘650 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘650 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘650 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘650 patent, and/or in connection with the prosecution of the ‘650
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 25
`
`
`
`All documents concerning the alleged invention of the ‘275 patent, including but
`
`not limited to:
`
`13
`
`

`

`Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 15 of 29 PageID: 7063
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘275 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘275 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘275 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘275 patent, and/or in connection with the prosecution of the ‘275
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 26
`
`
`
`All documents concerning the alleged invention of the ‘203 patent, including but
`
`not limited to:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘203 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘203 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘203 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘203 patent, and/or in connection with the prosecution of the ‘203
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 27
`
`
`
`All documents concerning the alleged invention of the ‘306 patent, including but
`
`not limited to:
`
`14
`
`

`

`Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 16 of 29 PageID: 7064
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘306 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘306 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘306 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘306 patent, and/or in connection with the prosecution of the ‘306
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 28
`
`
`
`All documents concerning the alleged invention of the ‘619 patent, including but
`
`not limited to:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘619 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘619 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘619 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘619 patent, and/or in connection with the prosecution of the ‘619
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 29
`
`
`
`All documents concerning the alleged invention of the ‘062 patent, including but
`
`not limited to:
`
`15
`
`

`

`Case 2:13-cv-00391-ES-JAD Document 355 Filed 05/26/17 Page 17 of 29 PageID: 7065
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘062 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relating to the date(s) on which such alleged conception and/or
`reduction to practice occurred;
`all inventor disclosure statements that were prepared;
`all documents relating to the decision to file and prosecute the application
`from which the ‘062 patent issued; and
`all documents and/or information that the Inventor(s) of the ‘062 patent,
`including his representatives or any person collaborating with, acting at
`the direction of, and/or acting under the control of the Inventor, considered
`in connection with the development of the invention allegedly disclosed in
`the ‘062 patent, and/or in connection with the prosecution of the ‘062
`patent, regardless of whether such documents or information was cited or
`provided to the PTO.
`
`REQUEST NO. 30
`
`
`
`All documents concerning the alleged invention of the ‘302 patent, including but
`
`not limited to:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`(e)
`
`(f)
`
`all laboratory notebooks or other documents relating to or concerning the
`conception and/or reduction to practice of the alleged invention of the
`‘302 patent;
`documents relating to the identity of the individuals who allegedly
`conceived of, and/or reduced to practice or assisted in the reduction to
`practice of, the invention claimed;
`documents relati