`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`ASTRAZENECA AB,
`Patent Owner.
`
`_____________________________
`
`IPR2015-01340
`
`Patent RE44,186
`_____________________________
`
`JOINT NOTICE OF STIPULATION
`REGARDING DR. ROTELLA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2015-01340
`U.S. Patent No. RE44,186
`
`The Patent Owner AstraZeneca and the Petitioner Mylan (“the Parties”)
`
`stipulate and agree as follows:
`
`1.
`
`In lieu of deposing Dr. David P. Rotella pursuant to a notice of
`
`deposition under 37 C.F.R. § 42.53 (Paper No. 25), regarding his June 4, 2015
`
`declaration (Ex. 1003), Patent Owner AstraZeneca may and will rely on the
`
`transcript of Dr. Rotella’s May 26, 2016 deposition from Case No. 14-664-GMS
`
`(“the District Court deposition”) and any associated errata sheet.
`
`2.
`
`The entirety of the District Court deposition transcript, any associated
`
`errata sheet, and any evidence cited therein will be submitted as exhibits in this
`
`IPR by Patent Owner with Patent Owner’s Response.
`
`3.
`
`Any objection to the content, form, or manner of taking the
`
`deposition, including the qualifications of the officer, is waived unless made on the
`
`record during the deposition, with the exception for objections to scope.
`
`Objections to scope, if any, must be made within 5 business days of service of the
`
`District Court deposition transcript as an exhibit.
`
`4.
`
`The Parties note that joinder motions are pending before the Board
`
`and expect this stipulation to apply to any subsequently joined parties to the same
`
`extent that it applies to Mylan.
`
`5.
`
`This stipulation does not preclude AstraZeneca from noticing and
`
`deposing Dr. Rotella regarding any future declaration(s), if and when such a
`
`declaration is offered by Mylan or another party that may later be joined to this
`
`IPR.
`
`
`-2-
`
`
`
`Case IPR2015-01340
`U.S. Patent No. RE44,186
`
`Respectfully submitted,
`
`By: /Charles E. Lipsey/
`Charles E. Lipsey, Reg. No. 28,165
`Finnegan, Henderson, Farabow, Garrett
`& Dunner, L.L.P.
`11955 Freedom Drive
`Reston, VA 20190
`
`
`
`Counsel for Patent Owner
`
`
`
`
`By: / Steven W. Parmelee /
`Steven W. Parmelee, Reg. No. 31,990
`WILSON SONSINI GOODRICH &
`ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`
`Counsel for Petitioner
`
`
`
`
`
`Dated: July 18, 2016
`
`Dated: July 18, 2016
`
`
`
`
`
`
`
`-3-
`
`
`
`
`
`
`Case IPR2015-01340 for
`U.S. Patent No. RE44,186
`
`CERTIFICATE OF SERVICE
`
`Under 37 C.F.R. § 42.6(e), the undersigned certifies that a copy of
`
`JOINT NOTICE OF STIPULATION REGARDING DR. ROTELLA was served
`
`by electronic mail on this 18th day of July, 2016, to counsel for Petitioner Mylan
`
`Pharmaceuticals Inc.:
`
`
`Steven W. Parmelee (sparmelee@wsgr.com)
`
`Richard Torczon (rtorczon@wsgr.com)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: July 18, 2016
`
`
`
`
`
`
`
`
`/John W. Kozikowski/
`Litigation Legal Assistant
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`
`
`
`
`
`3
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