`New York, NY 10151
`Telephone: (212) 588-0800
`Fax: (212) 588-0500
`
`mflhlaw-com
`Washington, DC
`Seattle. WA
`
`October 30, 2014
`
`VIA EMAIL
`
`Matthew M. D’Arnore
`Morrison & Foerster LLP
`250 West 55th Street
`
`New York, NY 10019
`
`Angus Chen
`AChen@flhlaw.com
`
`Re:
`
`Chiesz' USA, Inc. et a! v. Sandoz Inc. er al.,
`CA. No. 1:13-cv-05723—NLH—AMD D.N.J.
`
`
`
`
`
`Dear Matt:
`
`We write further to the October 14 telephone status conference with the Court, and the
`noninfringement and invalidity contention statements of new defendants Sandoz AG and ACS
`Dobfar Info SA. In view of the fact that Sandoz AG and ACS Dobfar Info SA “rely on the
`invalidity and non-infringement contentions of Sandoz Inc.,” please confirm that these
`defendants are adopting Sandoz Inc.’s positions set forth in the Joint Claim Construction and
`Prehearing Statement. (ECF No. 182). Please also confirm that all defendants will jointly
`submit one opening,r and one responding Markman brief.
`
`Please provide Sandoz AG and ACS Dobfar Info SA’s position regarding claim
`construction by the close of business today so that the parties may be prepared for the telephone
`status conference with the Court tomorrow at 10:00 am.
`
`Regards,
`
`flgfl
`
`Angu
`
`hen
`
`cc: Counsel of Record (via email)
`
`IPR2015-00005
`
`Sandoz Exhibit 1023 Page 1
`
`
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