`Case 1:14-cv—02758—PAC Document 104-3 Filed 12/16/16 Page 1 of 3
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`EXHIBIT 2
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`EXHIBIT 2
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`
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`Case 1:14-cv-02758-PAC Document 104-3 Filed 12/16/16 Page 2 of 3
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`Attachments:
`
`Carr, Kathleen <KBCarr@mintz.com>
`Thursday, December 15, 2016 7:28 PM
`Steve Maddox
`'jscarpati@buddlarner.com'; Conlin, David
`Kowa Company, Ltd., et al. v. Amneal Pharmaceuticals, LLC,
`Stipulation.pdf; Stipulation.docx
`
`Steve,
`
`
`
` We are following up in connection with the potential stipulation relating to Amneal’s infringement of the ‘993
`patent.
`
`
`
` We are attaching a proposed revised version of the stipulation.
`
`
`
` The addition to the initially proposed stipulation to limit it to the product described as of this date complicated
`the situation. However, after considering the matter, we believe we have developed a proposed solution to this
`complication. While we understand that it obviously would not be Amneal’s intention to enter into this stipulation and
`then turn around and start
`, we simply wish to confirm in the stipulation that Amneal does not intend to
`do so, and that Amneal would maintain its ANDA product
` (and thus would need to refrain from marketing it
`until after expiration of the ‘993 patent if the defendants’ challenge to the ‘993 patent does not prevail at trial).
`
`
`
` We trust that the attached resolves the issue. Please let us know if you have any questions or comments. Please
`also let us know at your earliest convenience if the attached proposed stipulation is agreeable to Amneal.
`
`
`
` Thanks.
`
`
`
`Kathleen
`
`
`
`1
`
`Kathleen Carr | Member
`Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
`One Financial Center | Boston, MA 02111
`Direct: +1.617.348.1857 | Fax: +1.617.542.2241
`E-mail: KBCarr@mintz.com
`Web: www.mintz.com
`
`
`
`
`
`
`
`STATEMENT OF CONFIDENTIALITY:
`The information contained in this electronic message and any attachments
`to this message are intended for the exclusive use of the addressee(s)
`
`
`
`Case 1:14-cv-02758-PAC Document 104-3 Filed 12/16/16 Page 3 of 3
`and may contain confidential or privileged information. If you are not
`the intended recipient, or the person responsible for delivering the
`e-mail to the intended recipient, be advised you have received this
`message in error and that any use, dissemination, forwarding, printing,
`or copying is strictly proh bited. Please notify Mintz, Levin, Cohn,
`Ferris, Glovsky and Popeo immediately at either (617) 542-6000 or at
`DirectorofIT@Mintz.com, and destroy all copies of this message and any
`attachments. You will be reimbursed for reasonable costs incurred in
`notifying us.
`
`2
`
`
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