Case 1:15-cv-03935-PAC Document 51 Filed 12/19/16 Page 1 of 3
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`ALSTON&BIRDu,p
`
`90Park Avenue
`New York, NY 10016
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`212-210-9400
`Fax: 212-210-9444
`www.alston.com
`
`Natalie C Clayton
`
`Direct Dial: 212-21 0-9573
`
`Email: Natalie.Clayton@alston.com
`
`December 16, 2016
`
`VIA EMAIL AND OVERNIGHT DELIVERY
`
`Ron. Paul A. Crotty
`United States District Judge
`Daniel Patrick Moynihan United States
`Courthouse
`500 Pearl Street, Room 735
`New York, NY 10007
`crottynysdchambers@nysd.uscourts.gov
`
`,z._,,.n
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`h:./N. F'AULA. CROTTY
`UNn-LO STATES DISTRICT JUDGE
`
`'I
`
`Re:
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`Kowa Company, Ltd. et al. v. Amneal Pharmaceuticals LLC, et
`al. , Case Nos. 14-cv-2758 (PAC); 14-cv-2759 (PAC); 14-cv-2760
`(PAC); 14-cv-5575 (PAC); 14-cv-7934 (PAC); and 15-cv-3935
`(PAC);
`Defendants' filing ofproposed findings and motions in limine
`under seal
`
`Dear Judge Crotty:
`
`J
`
`This firm represents Defendant Orient Pharma. Co., Ltd. in Civil Action No. 14-
`cv-2759 (PAC). We write on behalf of all Defendants in related Civil Action Nos. 14-cv-
`2758 (PAC); 14-cv-2759 (PAC); 14-cv-2760 (PAC); 14-cv-5575 (PAC); 14-cv-7934
`(PAC); and 15-cv-3935 (PAC) and request this Court's permission to file 14 documents
`under seal.
`
`Pursuant to the Court's Scheduling Order, the Pre-trial Order and associated
`documents will be filed in the above cases today.
`
`Defendants also intend to file separately the below documents associated with the Pre(cid:173)
`trial Order:
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`1. Defendant Amneal's Proposed Findings of Fact and Conclusions of Law
`Related to Nonin:fringement ofthe '993 Patent.
`
`2. Defendant Apotex's Proposed Findings ofFact and Conclusions of Law
`Related to Noninfringernent ofthe '993 Patent.
`
`Atlanta • Beijing • Brus~els • Charlotte • Dallas • Los Angeles • New York • Resear-Ch Triangle • Silicon Valley • Washington, D.C.
`
`

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`Case 1:15-cv-03935-PAC Document 51 Filed 12/19/16 Page 2 of 3
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`December 16, 2016
`Page2
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`3. Defendant Lupin's Proposed Findings of Fact and Conclusions ofLaw
`Concerning Noninfringement Lupin's ANDA Product.
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`4. Defendant Orient's Proposed Findings of Fact and Conclusions of Law
`Related to Noninfringement of the '993 Patent.
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`5. Defendant Sawai's Proposed Findings of Fact and Conclusions ofLaw
`Related to Noninfringement ofthe '993 Patent.
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`6. Defendant Zydus's Proposed Findings of Fact and Conclusions of Law
`Related to Noninfringement ofthe '993 Patent.
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`7. Sawai's deposition designations for witnesses Sawai may call by deposition.
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`8. Defendants' Proposed Findings and Conclusions Re: Obviousness Under
`Section 103 of the Patent Act
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`9. Defendants' Proposed Findings and Conclusions Re: Anticipation and
`Obviousness of Asserted "Form A" Claims
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`10. Defendants' Proposed Findings and Conclusions Re: Secondary
`Considerations of Obviousness Regarding the '3 3 6 and '993 Patents
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`11. Defendant Lupin and Zydus' Proposed Findings of Fact and Conclusions of
`Law Re: Invalidity ofThe Amorphous Claims
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`Defendants also intend to file the following three motions in limine today in these
`related matters:
`
`1. Defendants' Motion In Limine to Preclude Testimony of Plaintiffs' Experts
`Dr. Stephen R. Byrn and Dr. James A. Kaduk on Opinions Not Disclosed in
`Their Initial Expert Reports;
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`2. Defendants' Motion In Limine to Preclude Testimony of Plaintiffs'
`Infringement Experts; and
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`3. Defendant Amneal Pharmaceuticals, LLC's Motion in Limine to Exclude
`Expert Testimony for Refusal to Provide Deposition of the Expert
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`All of these filings, as well as their supporting briefs and exhibits, contain
`Plaintiffs' and Defendants' Confidential or Highly Confidential- Attorneys' Eyes Only
`Material, such as information related to technical aspects of their clients' products and
`financial information, the disclosure of which to the general public would be harmful to
`the parties. The Confidentiality and Protective Order governing these related actions
`specifically allows parties to file materials containing such confidential information under
`seal. Defendants therefore believe it is appropriate to file these proposed findings of fact
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`

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`Case 1:15-cv-03935-PAC Document 51 Filed 12/19/16 Page 3 of 3
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`December 16, 20 16
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`and conclusions of law as well as the three motions in limine under seal. See
`Confidentiality and Protective Order 1 9, D.I. 58 in C.A. No. 14-cv-2759 (PAC).
`Defendants respectfully request that this Court permit the filing of the proposed findings
`of fact and conclusions oflaw and the three motions in limine under seal.
`
`Defendants will comply with this this Court's Local Rules and CM/ECF
`procedures and file redacted copies of the above today.
`
`cc:
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`All counsel of record in C.A Nos.:
`14-cv-2758 (PAC);
`14-cv-2759 (PAC);
`14-cv-2760 (PAC);
`14-cv-5575 (PAC);
`14-cv-7934 (PAC); and
`15-cv-3935 (PAC)
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`Dated: New York, New York
`- - - - - -- ' 20_
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`SO ORDERED
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`PAULA. CROTTY
`United States District Judge
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