From:
`Sent:
`To:
`Cc:
`Subject:
`
`Matt Ruedy [MRuedy@meiplaw.com]
`Tuesday, August 18, 2015 10:20 PM
`Frese, Bradford C.; Frank Calvosa; Burgy, Aziz; Steve Maddox
`Nick Cerrito; Evangeline Shih; John V. Biernacki; Lyndsey Przybylski
`RE: IPR2015-00545, -546, -547, -548, -551, and -554
`
`Frank:
`
`The response below is also applicable to IPRs -545, -546, and -547.
`
`Regards,
`
`Matt
`
`
`
`-------- Original message --------
`From: "Frese, Bradford C." <Bradford.Frese@arentfox.com>
`Date: 08/18/2015 4:46 PM (GMT-05:00)
`To: Frank Calvosa <FrankCalvosa@quinnemanuel.com>, Matt Ruedy <MRuedy@meiplaw.com>, "Burgy,
`Aziz" <Aziz.Burgy@arentfox.com>, Steve Maddox <smaddox@meiplaw.com>
`Cc: Nick Cerrito <NickCerrito@quinnemanuel.com>, Evangeline Shih <EvangelineShih@quinnemanuel.com>,
`"John V. Biernacki" <jvbiernacki@jonesday.com>, Lyndsey Przybylski
`<lyndseyprzybylski@quinnemanuel.com>
`Subject: RE: IPR2015-00545, -546, -547, -548, -551, and -554
`
`Frank:
`
`
`Mr. Gilman, in his declaration, stated that Par Inc. was “also the sole Par entity responsible for directing, controlling, and
`funding the preparation and filing of the instant petitions. Par Inc. was the only Par entity that paid any filing or legal
`fees associated with the preparation of the instant Petitions.” He also declared that “None of the Par Parents
`participated in the decision to file the instant Petitions, nor did they co-author the instant Petitions, nor exercise any
`control over the filing or content of the instant Petitions, nor provide funding or other compensation for the preparation
`and filing of the instant Petitions.” Jazz had more than ample opportunity to ask him about his basis for these
`statements during his deposition, but did not.
`
`
`Likewise, Mr. Gilman attested in his declaration that “The individuals primarily responsible for the decision to file and
`the content of the instant Petitions, David Silverstein and Lawrence Brown, are employed on behalf of Par Inc. David
`Silverstein and Lawrence Brown are not employed by any of the Par Parents.” Jazz had more than ample opportunity
`to ask him about this statement during his deposition as well, and in fact did so.
`
`In other words, Jazz has relevant, sworn testimony on which Par entity paid for the IPRs as well as who employs both
`David Silverstein and Lawrence Brown. Jazz simply cannot seek discovery on the mere possibility that it might find
`something inconsistent with Mr. Gilman’s declaration or testimony without a basis for showing that his statements were
`somehow false or mistaken.
`
`
`1
`
`Page 1 of 5
`
`JAZZ EXHIBIT 2040
`Amneal Pharms. et al. (Petitioners) v. Jazz Pharms., Inc. (Patent Owner)
`Case IPR2015-00547
`
`

`
`We will not produce the billing records or employment agreements. We will be available for a teleconference with the
`Board at the Board’s convenience.
`
`
`Best regards,
`Bradford
`
`
`Bradford C. Frese
`Associate
`
`
`Arent Fox LLP | Attorneys at Law
`1717 K Street, NW
`Washington, DC 20006-5344
`202.857.6496 DIRECT | 202.857.6395 FAX
`bradford.frese@arentfox.com | www.arentfox.com
`
`
`
`From: Frank Calvosa [mailto:FrankCalvosa@quinnemanuel.com]
`Sent: Friday, August 14, 2015 5:01 PM
`To: Matt Ruedy; Frese, Bradford C.; Burgy, Aziz; Steve Maddox
`Cc: Nick Cerrito; Evangeline Shih; John V. Biernacki; Lyndsey Przybylski
`Subject: RE: IPR2015-00545, -546, -547, -548, -551, and -554
`
`
`Brad and Matt,
`
`
`Thank you for your emails. We look forward to your response regarding Mr. Butler. With respect to your response
`regarding the billing records and employment records, we disagree that Petitioners can withhold this narrow set of
`useful documents.
`
`
`As an initial matter, legal billing records are privileged only to the extent that they reflect detailed accounts of the legal
`services rendered. The useful information Jazz seeks is to which Par entity the legal bills were directed. That
`information is not privileged. Jazz does not object to Petitioners redacting the description of the legal services from the
`billing records. We trust this resolves any alleged attorney-client privilege/work product objection.
`
`
`Further, Jazz can and will show it meets the Garmin factors if Petitioners refuse to produce the requested documents
`and force Jazz to seek relief from the Board. In an attempt to avoid the Board’s intervention, however, Jazz responds as
`follows:
`
`
`1. There is more than a mere possibility and allegation that something useful will be uncovered from the
`requested documents. Petitioners’ refusal to produce the documents, Mr. Silverstein’s identification of Par
`Pharmaceutical Companies, Inc. as his employer on LinkedIn, and Mr. Brown’s identification of Par
`Pharmaceutical Companies, Inc. in his email signature block evidences that Jazz is in possession of information
`showing beyond speculation that something useful will be uncovered in the requested billing records and
`employment records.
`
`2. Jazz is not seeking any litigation positions or the underlying basis for those positions.
`
`3. Jazz cannot generate equivalent information by other means. Petitioners (in particular, Par Pharmaceutical Inc.)
`and the Par entities are the only ones in possession of and who have access to the requested documents.
`
`4. Jazz’s discovery requests are easily understandable. They seek production of a narrow set of specifically
`identified documents.
`
`5. Jazz’s discovery requests are not overly burdensome. They seek production of a narrow set of specifically
`identified documents.
`
`2
`
`Page 2 of 5
`
`

`
`
`Finally, Mr. Gilman’s deposition is irrelevant to Jazz’s discovery requests. As you know, Mr. Gilman did not attest to any
`billing records and employment records, and his deposition testimony reflects this is so. In any event, Mr. Gilman’s
`deposition was conducted on an expedited schedule set by the Board, which did not permit Jazz adequate time to move
`for additional discovery. With the useful information Jazz seeks, it can address the Board’s initial, non-binding
`determination regarding whether Petitioners failed to name all real parties-in-interest.
`
`
`Based on the foregoing, please let us know by Tuesday whether Petitioners agree to produce the requested discovery. If
`not, please provide your availability for a teleconference with the Board.
`
`
`Regards,
`
`
`Frank Calvosa
`
`Associate
`Quinn Emanuel Urquhart & Sullivan, LLP
`
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`212-849-7569 Direct
`212-849-7000 Main Office Number
`212-849-7100 FAX
`frankcalvosa@quinnemanuel.com
`www.quinnemanuel.com
`
`NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
`may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
`recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
`review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
`by e-mail, and delete the original message.
`
`From: Matt Ruedy [mailto:MRuedy@meiplaw.com]
`Sent: Wednesday, August 12, 2015 5:24 AM
`To: Frese, Bradford C.; Frank Calvosa; Burgy, Aziz; Steve Maddox
`Cc: Nick Cerrito; Evangeline Shih; John V. Biernacki; Lyndsey Przybylski
`Subject: RE: IPR2015-00545, -546, -547, -548, -551, and -554
`
`
`Frank:
`
`
`The response below is also applicable to IPRs -545, -546, and -547.
`
`
`Regards,
`
`
`Matt
`
`
`
`
`
`
`-------- Original message --------
`From: "Frese, Bradford C." <Bradford.Frese@arentfox.com>
`Date: 08/11/2015 11:41 PM (GMT-05:00)
`To: 'Frank Calvosa' <FrankCalvosa@quinnemanuel.com>, "Burgy, Aziz" <Aziz.Burgy@arentfox.com>, Matt
`Ruedy <MRuedy@meiplaw.com>, Steve Maddox <smaddox@meiplaw.com>
`Cc: Nick Cerrito <NickCerrito@quinnemanuel.com>, Evangeline Shih <EvangelineShih@quinnemanuel.com>,
`"John V. Biernacki" <jvbiernacki@jonesday.com>, Lyndsey Przybylski
`<lyndseyprzybylski@quinnemanuel.com>
`Subject: RE: IPR2015-00545, -546, -547, -548, -551, and -554
`3
`
`Page 3 of 5
`
`

`
`Frank:
`
`
`Thank you for your e-mail. With regard to Mr. Butler’s deposition, we are in the process of contacting him and will get
`back to you soon.
`
`
`With regard to items (2) and (3), Par will not produce the requested billing records or employment records. The billing
`records sought contain privileged information and attorney work product, and are thus immune from discovery. Further,
`in order for the Board to authorize additional discovery, the Board has previously held that a party requesting discovery
`to show the following five factors are met:
`
`
`1) There must be “more than a possibility and mere allegation” that the discovery sought will generate something
`useful; the party requesting discovery should also be in possession of evidence tending to show beyond
`speculation that in fact something useful will be uncovered.
`
`2) The discovery cannot seek “litigation positions and [their] underlying basis,” as these are provided in the course
`of briefing and procedures set forth by the Board;
`
`3) The discovery cannot seek information when the requesting party has “ability to generate equivalent
`information by other means;”
`
`4) The requested discovery must have “easily understandable instructions;” and
`
`5) The requested discovery must not be “overly burdensome to answer.”
`
`Jazz has not shown that the requested discovery meets any of these factors. Moreover, Jazz already had an opportunity
`to review the declaration of Barry Gilman and depose him on the matters raised in there, including the employment of
`David Silverstein and Larry Brown, and which Par entity paid for these IPR Petitions. The Board reviewed that testimony
`and concluded that Jazz had failed to show the other Par entities were real-parties-in-interest.
`
`For at least the aforementioned reasons, Par will not produce the documents requested.
`
`
`Best regards,
`Bradford
`
`
`Bradford C. Frese
`Associate
`
`
`Arent Fox LLP | Attorneys at Law
`1717 K Street, NW
`Washington, DC 20006-5344
`202.857.6496 DIRECT | 202.857.6395 FAX
`bradford.frese@arentfox.com | www.arentfox.com
`
`
`
`From: Frank Calvosa [mailto:FrankCalvosa@quinnemanuel.com]
`Sent: Thursday, August 06, 2015 4:08 PM
`To: Burgy, Aziz; Frese, Bradford C.; 'mruedy@meiplaw.com'; 'smaddox@meiplaw.com'
`Cc: Nick Cerrito; Evangeline Shih; John V. Biernacki; Lyndsey Przybylski
`Subject: IPR2015-00545, -546, -547, -548, -551, and -554
`
`
`Counsel,
`
`Jazz intends to seek discovery regarding: (1) Petitioners’ Wayback Machine declarant, Christopher Butler; (2) any billing
`records submitted from Arent Fox LLP, Sterne Kessler, Goldstein & Fox P.L.L.C., Maddox Edwards PLLC, or Robert J.
`
`4
`
`Page 4 of 5
`
`

`
`Valuck, Ph.D. to Par Pharmaceutical, Inc., Par Pharmaceutical Companies, Inc., Sky Growth Intermediate Holdings I, Inc.,
`Sky Growth Intermediate Holdings II, Inc., and/or Par Pharmaceutical Holdings, Inc. (collectively, the “Par entities”), to
`the extent they relate to IPR2015-00545, -546, -547, -548, -551, and/or -554; and (3) any employment agreements
`between David Silverstein and the Par entities and Lawrence Brown and the Par entities.
`
`
`To that end, please let us know by close of business on August 11, whether you represent Mr. Butler and agree to
`produce him for deposition and whether you agree to produce the documents set forth above.
`
`
`Regards,
`
`
`Frank Calvosa
`
`Associate
`Quinn Emanuel Urquhart & Sullivan, LLP
`
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`212-849-7569 Direct
`212-849-7000 Main Office Number
`212-849-7100 FAX
`frankcalvosa@quinnemanuel.com
`www.quinnemanuel.com
`
`NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
`may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
`recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
`review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
`by e-mail, and delete the original message.
`
`
`
`
`CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you received this in error,
`please do not read, distribute, or take action in reliance upon this message. Instead, please notify us immediately by return e-mail and promptly delete this
`message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
`
`
`
`CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you received this in error,
`please do not read, distribute, or take action in reliance upon this message. Instead, please notify us immediately by return e-mail and promptly delete this
`message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
`
`5
`
`Page 5 of 5