IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF NEW JERSEY
`
`- - -
`
`Page 1
`
`CHIESI THERAPEUTICS, et al, : CIVIL ACTION NO. 13-5723
` Plaintiff :
`:
`
` v.
`
`: Camden, New Jersey
`: October 31, 2014
`: 10:02 o'clock a.m.
`SANDOZ, INC.,
` Defendants :
`. . . . . . . . . . . . . . . :
` TELEPHONE DISCOVERY CONFERENCE
` BEFORE THE HONORABLE ANN MARIE DONIO
` UNITED STATES MAGISTRATE JUDGE
`- - -
`APPEARANCES:
`For the Plaintiff: SHEILA F. McSHANE, ESQUIRE
`Gibbons, PC
`One Gateway Center
`Newark, NJ 07102
`
`EDGAR HAUG, ESQUIRE
`LEANN MARIE CLYMER, ESQUIRE
`NICHOLAS F. GIOVE, ESQUIRE
`Frommer Lawrence & Haug, LLP
`745 Fifth Avenue
`New York, NY 10151
`For the Defendants: ERIC I. ABRAHAM, ESQUIRE
`Hill Wallack, LLP
`202 Carnegie Center
`CN 5226
`Princeton, NJ 08543
`MATTHEW M. D'AMORE, ESQUIRE
`SARAH L. PRUTZMAN, ESQUIRE
`Morrison Foerster
`1290 Avenue of the Americas
`New York, NY 10104-0050
`- - -
`Laws Transcription Service
`48 W. LaCrosse Avenue
`Lansdowne, PA 19050
`(610)623-4178
`
`Page 2
`
`Audio Operator/ESR: Susan Bush
`
`Transcribed by: Geraldine C. Laws, CET
`
` (Proceeding recorded by Liberty Court Player digital
`
`sound recording; transcript produced by AAERT certified
`
`transcriber.)
`
`Page 3
` (The following occurred via telephone at 10:02
`o'clock a.m.)
` THE COURT: Good morning, this is Judge Donio.
`We're on the record in Case Number 13-5723. May I have the
`appearances, please?
` MS. McSHANE: Good morning, your Honor, this is
`Sheila McShane from Gibbons firm for the plaintiffs. I'll
`let my co-counsel introduce themselves.
` MR. HAUG: Yes, good morning, your Honor, this is Ed
`Haug as well as Nick Giove and Leann Clymer from Frommer
`Lawrence & Haug.
` THE COURT: For defendants, please?
` MR. ABRAHAM: Good morning, Judge. This is Eric
`Abraham from Hill Wallack in Princeton, New Jersey. I also
`do have co-counsel on the phone.
` MR. D'AMORE: Good morning, your Honor, this is
`Matthew D'Amore from Morrison and Foerster and with me is
`Sarah Prutzman, also from Morrison and Foerster.
` THE COURT: All right, thank you. So this
`conference is following up from our conference on October
`14th concerning the addition of the new parties and whether
`any items had to be adjusted to the schedule. I do note that
`plaintiff's counsel has indicated no additional claims are
`being submitted; is that correct?
` MR. HAUG: That is correct, your Honor. Ed Haug for
`Page 4
`
`plaintiff.
` THE COURT: All right. That leads me to conclude
`that we really don't need to adjust the schedule. Am I
`correct?
` MR. HAUG: I think that's also correct. Since we
`have confirmation now from the new defendants that they are
`relying on the contentions that have already been put in by
`Sandoz, Inc. as well as the claim construction provision.
` MR. D'AMORE: And that's correct, your Honor, for
`defendants.
` THE COURT: All right. So that would leave that the
`opening Markman submissions are due on November the 12th, and
`the Court will be addressing the pending motion to
`disqualify. But I don't see how that affects that item
`number four, does it?
` MR. D'AMORE: Your Honor, for defendants this is
`Mr. D'Amore. It does because we did intend on first chair on
`this ruling on the motion to use Dr. Morin (ph) as an expert
`with respect to the claim construction proceeding. I guess
`perhaps what we would propose is that we, given the
`scheduling, that we use Dr. Morin for those proceedings
`without prejudice to your Honor's ruling on the motion. If
`your Honor disqualifies Dr. Morin we wouldn't use him for
`proceedings after claim construction.
` THE COURT: What's the plaintiff's position?
` MR. HAUG: This is Ed Haug. The only problem with
`that is if that requires them to disclose our confidential
`information, that's the issue because that's part of our
`motion. But it might not because it's claim construction so
`I'm not sure that that will be an issue.
` THE COURT: Any response?
` MR. D'AMORE: Your Honor, I think -- I don't have
`the claim construction papers in front of me. I do think the
`parties have cited materials from its production, but I would
`have to double-check that.
` THE COURT: Well, why don't we -- go ahead. Did you
`have something you wanted to add?
` MR. D'AMORE: It does seem to, your Honor. The
`concern is the disclosure of confidential information to Dr.
`Morin. Again on the claim construction it should be limited
`if there is going to be any, but if their position is that he
`has some confidential information already, we don't agree
`that seems to be the case, but I don't see the harm of the
`limited disclosure for this purpose over the short term.
` MR. HAUG: Your Honor, this is Ed Haug. I think we
`should be able to work that specific issue out. I'll work
`with Mr. D'Amore on if it really is necessary to refer to any
`confidential information, I think we should be able to work
`that out.
` THE COURT: If you --
` MR. HAUG: I don't think ---
` THE COURT: Okay. If you're unable to work it out,
`just send me a letter early next week and then if I have to
`adjust the schedule I'll consider it or I might just make a
`ruling and have a telephone conference and read into the
`record my decision. So we'll handle it this way.
` MR. HAUG: Thank you, your Honor.
` MR. D'AMORE: Thank you, your Honor. We appreciate
`that.
` THE COURT: All right. For now though the schedule
`will stay as it is, and the next conference I will schedule a
`status conference unless one is needed sooner in the end of
`January. Okay?
` MR. D'AMORE: Thank you very much, your Honor.
` MR. HAUG: Very good, your Honor.
` THE COURT: All right. Everyone have a nice day.
`We are adjourned.
` (Proceeding ends at 10:06 o'clock a.m.)
`
`1 (Pages 1 to 4)
`
`IPR2015-00005
`
`Sandoz Exhibit 1022 Page 1
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`

`

`Page 5
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` CERTIFICATION
`
` I hereby certify that the foregoing is a correct
`
`transcript from the electronic sound recording of the
`
`proceedings in the above-entitled matter.
`
`s:/Geraldine C. Laws, CET Date 11/3/14
`
`Laws Transcription Servic
`
`2 (Page 5)
`
`IPR2015-00005
`
`Sandoz Exhibit 1022 Page 2
`
`