`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`
`Kowa Company, Ltd. et al.,
`
`Plaintiffs,
`
`V.
`
`Aurobindo Pharma Limited et a1.,
`
`Defendants.
`
`
`Kowa Company, Ltd. et al.,
`
`Plaintiffs,
`
`V.
`
`Amneal Pharmaceuticals LLC,
`
`Defendant.
`
`Kowa Company, Ltd. et al.,
`
`Plaintiffs,
`
`v.
`
`Mylan Inc. et al.,
`
`Defendants.
`
`
`
`Kowa Company, Ltd. et al.,
`
`Plaintiffs,
`
`V.
`
`Orient Pharma Co., Ltd.,
`
`Defendant.
`
`Civil Action No. 14-CV-2497 (PAC)
`
`Civil Action No. l4-CV-2758 (PAC)
`
`Civil Action No. l4-CV-2647 (PAC)
`
`
`
`Civil Action No. l4-CV-2759 (PAC)
`
`
`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 2 of 4
`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 2 of 4
`
`Kowa Company, Ltd. et al.,
`
`Plaintiffs,
`
`v.
`
`Zydus Pharmaceuticals (USA) Inc. et al.,
`
`Defendants.
`
`
`
`Kowa Company, Ltd. et al.,
`
`Plaintiffs,
`
`V.
`
`Sawai USA, Inc. et al.,
`
`Defendants.
`
`
`Civil Action No. 14-CV-2760 (PAC)
`
`Civil Action No. 14—CV-5575 (PAC)
`
`DECLARATION OF THOMAS R. BURNS IN SUPPORT OF
`
`DEFENDANTS’ JOINT OPENING CLAIM CONSTRUCTION BRIEF
`
`
`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 3 of 4
`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 3 of 4
`
`1, Thomas R. Burns, hereby declare as follows:
`
`1.
`
`I am an associate in the law firm of Rakoczy Molino Mazzochi Siwik LLP,
`
`counsel for Defendants/Counterclaim—Plaintiffs Mylan Pharmaceuticals Inc. and Mylan Inc.
`
`(collectively, “Mylan”).
`
`2.
`
`I am a member in good standing of the Bar of the State of New York (2006), and
`
`am admitted to practice pro hac vice before this Court in Civil Action No. 14-CV-2647.
`
`3.
`
`I submit this Declaration in support of the Joint Opening Claim Construction
`
`Brief, filed concurrently herewith, on behalf of Defendants/Counterclaim-Plaintiffs Amneal
`
`Pharmaceuticals LLC, Aurobindo Pharma Limited, Aurobindo Pharma USA Inc., Mylan, Orient
`
`Pharma Co., Ltd., Sawai USA, Inc., Sawai Pharmaceutical Co., Ltd., Zydus Pharmaceuticals
`
`(USA) Inc. and Cadila Healthcare Ltd. (dba Zydus Cadila) (collectively, “Defendants”).
`
`4.
`
`I have personal knowledge of the facts stated in this Declaration and am
`
`competent to testify to the same.
`
`5.
`
`I submit this Declaration to authenticate and provide to the Court documents cited
`
`to, and referenced in, Defendants’ Joint Opening Claim Construction Brief, and to provide any
`
`other information relevant thereto.
`
`6.
`
`Attached hereto as Exhibit
`
`1
`
`is a true and correct copy of US. Patent No.
`
`5,856,336 to Fujikawa et al., entitled “QUINOLINE TYPE MEVALONOLACTONES,” bearing
`
`bates numbers MYLAN(Pitav)009113-30.
`
`7.
`
`Attached hereto as Exhibit 2 is a true and correct copy of US Patent No.
`
`6,465,477 B1 (“the ‘477 patent”) to Muramatsu et al., entitled “STABLE PHARMACEUTICAL
`
`COMPOSITION,” bearing bates numbers MYLAN(Pitav)009396-405.
`
`
`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 4 of 4
`
`Case 1:14-cv-02758-PAC Document 62 Filed 05/08/15 Page 4 of 4
`
`8.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the
`
`prosecution history of the ‘477 patent (US. Patent Application No. 09/436,789), bearing bates
`
`numbers MYLAN(PitaV)009406, 009412-36, 009449-55, 009484-94, 009500-05, and 009511-
`
`9.
`
`Attached hereto as Exhibit 4 is a true and correct copy of excerpts from the
`
`publication ERNEST L. ELIEL, STEREOCHEMISTRY OF CARBON COMPOUNDS (1962), bearing bates
`
`numbers MYLAN(PitaV)017277-3 0 8.
`
`10.
`
`Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the
`
`prosecution history of US. Patent Application No. 07/233,752 to Yoshihiro Fujikawa et a1,
`
`entitled
`
`“QUINOLINE
`
`TYPE MEVALONOLACTONES,”
`
`bearing
`
`bates
`
`numbers
`
`MYLAN(PitaV)01 123 7—3 32.
`
`I, THOMAS R. BURNS, hereby declare, under penalty of perjury under 28 U.S.C.
`
`§ 1746 and the laws Of the United States of America, that the foregoing Declaration is true and
`
`correct.
`
`Dated: May 8,2015
`
`r‘)
`,z-‘z‘ T,
`/
`/
`
`.
`'1 Meta”
`Thomas R. Burns
`
`K7
`
`'
`
`H
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
