`
`ii.
`iiz
`
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 1 of 4
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`Civil Action No. l4-CV-2497 (PAC)
`
`Civil Action No. 14-CV-2758 (PAC)
`
`Civil Action No. l4-CV—2647 (PAC)
`
`Civil Action No. l4-CV-2759 (PAC)
`
`,
`
`
`
`Kowa Company, Ltd. et 31.,
`
`Plaintiffs,
`
`
`
`V.
`
`Aurobindo Pharma Limited et a1.,
`
`Defendants.
`
`Kowa Company, Ltd. et a1.,
`
`
`
`Plaintiffs,
`
`V.
`
`Amneal Pharmaceuticals LLC,
`
`Defendant.
`
`Kowa Company, Ltd. et al.,
`
`
`
`V.
`
`Mylan Inc. et al.,
`
`Plaintiffs,
`
`Defendants.
`
`Kowa Company, Ltd. et al.,
`
`
`
`Plaintiffs,
`
`V.
`
`Orient Pharma (30., Ltd,
`
`
`
`
`Defendant.
`
`
`
`
`
`
`l
`
`is
`
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 2 of 4
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 2 of 4
`
`
`
`Kowa Company, Ltd. et a1.,
`
`Plaintiffs,
`
`V.
`
`Zydus Pharmaceuticals (USA) Inc. et al.,
`
`Civil Action No. l4—CV—2760 (PAC)
`
`Defendants.
`
`
`Kowa Company, Ltd. at al.,
`
`Plaintiffs,
`
`v.
`
`Sawai USA, Inc. et al.,
`
`Defendants.
`
`
`Civil Action No. l4~CV~5575 (PAC)
`
`SUPPLEMENTAL DECLARATION OF THONIAS R. BURNS IN SUPPORT
`
`OF DEFENDANTS’ JOINT RESPONSIVE CLAIM CONSTRUCTION BRIEF
`
`
`
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 3 of 4
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 3 of 4
`
`I, 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. (“Mylan Pharms”)
`
`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 Supplemental Declaration in support of the Joint Responsive 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 Supplemental Declaration
`
`and am competent to testify to the same.
`
`5.
`
`I submit this Supplemental Declaration to authenticate and provide to the Court
`
`documents cited to, and referenced in, Defendants” Joint Responsive Claim Construction Brief,
`
`and to provide any other information relevant thereto.
`
`6.
`
`Attached hereto as Exhibit 6 is a true and correct copy of excerpts of the
`
`Transcript of Civil Cause for Initial Conference held before the Honorable Paul A. Crotty on
`
`October 6, 2014 (ECF No. 38), in the above—referenced Civil Action No. l4-CV-2497.
`
`7.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the October 17, 2014
`
`letter Order (ECF No. 52) entered in the above-referenced Civil Action No. 14-CV-2647.
`
`
`
`
`
`
`
`
`
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 4 of 4
`Case 1:14-cv-02758-PAC Document 69 Filed 06/10/15 Page 4 of 4
`
`8.
`
`Attached hereto as Exhibit 8 is a true and correct copy of Mylan Pharms’ Petition
`
`for Inter Parties Review of US. Patent No. 5,856,336 Under 35 U.S.C. §§ 311-319 and 37
`
`CPR. §§ 421—80, 42.100-.123, dated April 18, 2015, in Case lPR2015—01069 before the Patent
`
`Trial and Appeal Board.
`
`9.
`
`Attached hereto as Exhibit 9 is a true and correct copy of US. Patent No.
`
`5,827,871 to King et a1., entitled “MEDICAMENTS 1,2,3,4-TETRAHYDROCARBAZOLES
`
`AND 5-HT1 AGONIST USE THEREOF,” bearing bates numbers MYLAN(Pitav) 037192-205.
`
`10.
`
`Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the
`
`publication STEVEN S. ZUMDAHL, CHEMISTRY (1986), bearing bates numbers MYLAN(PitaV)
`
`037206-62.
`
`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 Supplemental
`
`Declaration is true and correct.
`
`Dated: June 10, 2015
`
`""‘‘‘‘"77:6 8,.
`
`Thomas R. Burns
`
`
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