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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`COALITION FOR AFFORDABLE DRUGS II LLC.
`Petitioner
`v.
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`NPS PHARMACEUTICALS, INC.
`Patent Owner
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`____________
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`Case IPR2015-01093
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`Patent 7,056,886
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`____________
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`NPS PHARMACEUTICALS, INC.’s
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`REQUESTS FOR PRODUCTION TO PETITIONER
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`1
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`NPS EX. 2001
`CFAD v. NPS
`IPR2015-01093
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`
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`Patent Owner NPS Pharmaceuticals, Inc. (“NPS”) requests Petitioner to
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`respond and produce the following Documents and Things pursuant the Office
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`Patent Trial Practice Guide (“OPTPG”).
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`
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`I. INSTRUCTIONS AND DEFINITIONS
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`In responding and producing Documents and Things responsive to these
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`Requests, please comply with these instructions and those in the OPTPG.
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`1. Please timely amend your responses if You learn that Your response
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`is incomplete or additional responsive information is found.
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`2. You must produce Documents and Things either (a) as they are kept
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`in the usual course of business, or (b) organized and labeled to correspond with the
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`particular categories set forth below. Please copy and produce any files or
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`containers in which the responsive documents are kept.
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`3. Identify responsive Documents and Things that You are aware of but
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`cannot produce because they have been lost or destroyed or are no longer in Your
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`possession.
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`4. If You object to a portion or an aspect of any request, state the
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`grounds of Your objection with specificity and respond to the remainder of the
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`request.
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`2
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`5. If, in answering these Requests, You encounter any ambiguities when
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`construing a request, instruction, or definition, Your response shall set forth the
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`matter deemed ambiguous and the construction used in responding.
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`6. For any Document or Thing withheld based upon a claim of privilege,
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`please provide a privilege log according to the requirements of Fed. R. Civ. P. 26.
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`7. “Communication” means the transmission or receipt of information of
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`any kind through any means ( e.g., written, electronic, or any memorialization of
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`oral).
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`8. “Identify” means provide information sufficient to enable NPS to
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`locate the person, Document, Thing, or Communication with minimal effort. In
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`reference to a Document, Identifying may be by bates number corresponding to
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`Your production.
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`10. “Document” and “Thing” have the broadest meaning prescribed in
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`Federal Rule of Civil Procedure 34, including ESI and any physical or electronic
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`specimen or tangible item, other than a document, in Your possession, custody or
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`control.
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`11. “You,” “Your,” or “Petitioner” mean Coalition for Affordable Drugs
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`II LLC (the “Coalition”) and all Named Real Parties-In-Interest and includes any
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`agents, representatives, privies or others authorized to act on Your behalf.
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`3
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`12. “Named Funder” means the Coalition, Hayman Credes Master Fund,
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`L.P. (“Credes”), Hayman Capital Master Fund, L.P. (“HCMF”), Hayman Capital
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`Management, L.P. (“HCM”), and Hayman Orange Fund SPC – Portfolio A
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`(“HOF”).
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`II. DOCUMENTS AND THINGS REQUESTED
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`REQUEST FOR PRODUCTION No. 1.
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`Documents and Things providing the identification by name and address of
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`each investor, owner, partner, limited partner, general partner, member, manager,
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`shareholder, investor, beneficiary, beneficial owner, control person, investment
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`manager, trustee, investment advisor, investment advisee, officer, director, and
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`feeder fund of each of the Named Funders (collectively “Unnamed Funders”).
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`REQUEST FOR PRODUCTION No. 2.
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`Documents and Things providing the governance and organization of each
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`non-natural Person Named and Unnamed Funder, including limited partnership
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`agreements, operating agreements, limited liability company agreements,
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`shareholders agreements, opportunity agreements, articles or other organizational
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`or governing documents, side agreements, and investment management,
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`investment advisory or similar service agreements.
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`4
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`REQUEST FOR PRODUCTION No. 3.
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`Documents and Things providing the duties, responsibilities, and authority
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`of all Named or Unnamed Funders in any Named or Unnamed Funder.
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`REQUEST FOR PRODUCTION No. 4.
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`Documents and Things providing the type and amount of investment or
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`capital of each Named or Unnamed Funder in any Named or Unnamed Funder.
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`REQUEST FOR PRODUCTION No. 5.
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`Documents and Things providing the type and amount of income or revenue
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`of every Person deriving such revenue or income from any Named or Unnamed
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`Funder.
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`REQUEST FOR PRODUCTION No. 6
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`All agreements and contracts to which any Named or Unnamed Funder is a
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`party and which involve any control or financing of any Named or Unnamed
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`Funder.
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`REQUEST FOR PRODUCTION No. 7.
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`All offerings, prospectuses, private placement memoranda, and presentations
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`to prospective investors by any Named or Unnamed Funder since January 1, 2014.
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`5
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