`
`
`March 13, 2014
`
`
`Stefan Cross
`President
`Metrics, Inc.
`1240 Sugg Parkway
`Greenville, NC 27834
`
` Via Federal Express
`
`Re: Bromfenac product opportunity,
`Prolensa® and U.S. Patent No. 8,129,431
`
`
`
`
`
`Mr. Robert J. Bertolini
`President and CFO
`BAUSCH & LOMB HOLDINGS, INC.
`Bausch & Lomb Place
`Rochester, NY 14604 - 2701
`
`
`
`
`Dear Mr. Bertolini:
`
`I am writing to explore a potential mutually beneficial bromfenac product
`
`opportunity. Metrics, Inc. has submitted an ANDA for Prolensa® with a Paragraph IV
`certification to U.S. Patent No. 8,129,431 (“the ’431 patent”) and expects ANDA filing
`acceptance shortly.
`
`In anticipation of ANDA filing acceptance, Metrics’s counsel, Sterne, Kessler,
`
`Goldstein & Fox P.L.L.C., has prepared a Petition for Inter Partes Review (“IPR
`Petition”) pursuant to 35 U.S.C. 311 seeking cancellation of all the claims in the ’431
`patent.
`
`In addition, Metrics has also developed an improved bromfenac ophthalmic
`
`product that has patent protection pending, on which we would consider partnering with
`Bausch & Lomb. We also have access to a number of additional patents relating to
`bromfenac that may be of interest to Bausch & Lomb and are available for licensing. If
`Bausch & Lomb is interested in pursuing discussions on these matters, we are willing to
`promptly and confidentially share the IPR Petition, as well as information on the new
`product and additional bromfenac patents.
`
`In the interest of time, we would like to hear from you by March 21, 2014, to set
`
`up discussions with the appropriate people.
`
`
`
`Page 1 of 2
`
`SENJU EXHIBIT 2002
`METRICS v. SENJU
`IPR2014-01043
`
`
`
`Case 1:14-cv-03962-JBS-KMW Document 10-13 Filed 07/10/14 Page 3 of 3 PageID: 139
`
`[Typee text]
`
`
`
`
`
`
`
`Mr. RRobert Bertoolini
`
`Marcch 13, 2014
`
`Page 2
`
`
`
`
`
`
`
`SSincerely yoours,
`
`
`
`
`
`Stefan Crosss
`
`S M
`
`METRICS,
`
`INC.
`
`
`cc:
`
`
`
`
`
`
`
`
`EVP,, General Coounsel, and SSecretary
`
`
`
`BAUSSCH & LOMBB HOLDINGS IINC.
`
`
`
`Deniss A. Polyn (vvia Federal
`Express)
`
`
`
`
`
`
`
`BAUSSCH & LOMBB INCORPORAATED
`
`
`
`
`Yuko
`
`
`President and CEEO
`
`
`U PHARMACEEUTICAL CO., LTD.
`SENJU
`
`
`
`2-5-88, Hiranomacchi, Chuo-KKu
`
`
`Hiranno Century BBldg. 7f.
`Osaka
`
`Osakka 541-0046
`
`Japann
`
`
`
`Bryann C. Diner (vvia Federal
`Express &
`e-mail)
`(via Federa
`
`al Express && e-mail)
`
`Justinn J. Hasford
`
`
`
`
`
`
`
`901 NNew York AAvenue, NW
`
`
`
`Washhington, DC 20001-44133
`
`
`A. Roobert D. Bailey (via Fedderal Expreess)
`
`Vice President && Assistant GGeneral Counnsel
`
`o Yoshida (vvia Federal EExpress)
`
`FINNEEGAN, HENDDERSON, FARRABOW, GARRRETT & DUNNNER, LLP
`
`
`
`
`
`
`
`
`I look forwward to hearring from yoou.
`
`
`
`
`
`
`Page 2 of 2
`
`
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