`
`MADDOX 1r1111 EDWARDS
`
`1 900 K STREET NW - S UITE 725
`
`WASHINGTON, DC 20006
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`(202) 830 - 0707
`
`February 22, 2017
`
`Hon. Paul A. Crotty
`United States District Judge
`Daniel Patrick Moynihan United States Courthouse
`500 Pearl Street, Room 735
`New York, NY 10007
`
`Re:
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`Kowa Company, Ltd. et al. v. Amneal Pharmaceuticals LLC, et al.,
`Case Nos. 14-cv-2758 (PAC); 14-cv-7934 (PAC).
`
`Your Honor:
`
`On behalf of Defendants Amneal and Apotex, we write to object to Plaintiffs' attempt to
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`add new testimony to the trial record in their post-trial filings oflast night. We refer specifically
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`to the Declaration of Jennifer L. Dereka. See Case 1:14-cv-02758-PAC, D.I. 142.
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`Exhibits A- D to Ms. Dereka's declaration are deposition transcript excerpts of Drs.
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`Zusman (whom Plaintiffs examined at trial), Palmieri (whom Plaintiffs examined at trial), Roush
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`(whom Plaintiffs elected not to call at trial), and Sessler (whom Plaintiffs examined at trial).
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`(Id.) Plaintiffs rely on these excerpts in both their Post-Trial Memorandum and Proposed
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`Findings of Fact and Conclusions of Law, despite the undisputed fact that the excerpts are not
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`part of the official trial record. See Case No. 14-cv-2758, D.I. 141 and Case No. 14-7934, D.I.
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`94 at 5 n.1, 44 and n.15; Case No. 14-cv-2758, D.I. 93 and Case No. 14-7934, D.I. 140 at ,r,r 59-
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`60, 283, 428, 464.
`
`
`
`Case 1:14-cv-02758-PAC Document 143 Filed 02/22/17 Page 2 of 2
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`This is wholly improper. Plaintiffs had every right to elicit whatever relevant and
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`admissible testimony they wished from these witnesses at trial. They had no right, however,
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`simply to insert snippets of these witnesses' deposition testimony into the record after trial.
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`Finally, if Plaintiffs had believed that these deposition excerpts were played at trial but
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`mistakenly not captured in the record, they could have and should have sought to correct the
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`purported errors at that time. At the very least, Plaintiffs could have contacted Amneal and
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`Apotex about any testimony that Plaintiffs thought to be incorrectly omitted from the trial record.
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`But Plaintiffs did none of these things. Instead, without any notice, Plaintiffs simply filed and
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`cited four deposition transcript excerpts that plainly are not within the trial record. As such,
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`Plaintiffs' post-trial Exhibits A-D and all references thereto should be disregarded or stricken.
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`Respectfully submitted,
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`Steven A. Maddox
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`cc:
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`All counsel ofrecord in C.A. Nos.:
`14-cv-2758 (PAC) and 14-cv-7934 (PAC)
`
`2
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`
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