`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GALDERMA LABORATORIES, L.P.;
`NESTLE SKIN HEALTH S.A.; and
`TCD ROYALTY SUB, LLC,
`
`Plaintiffs,
`
`v.
`
`DR. REDDY'S LABORATORIES, LTD.;
`DR. REDDY'S LABORATORIES, INC.; and
`PROMIUS PHARMA, LLC,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`) C.A. No. ________ _
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`Plaintiffs Galderma Laboratories, L.P. ("Galderma"), Nestle Skin Health S.A.
`
`(''NSH") and TCD Royalty Sub, LLC ("TCD") (collectively, "Plaintiffs"), for their Complaint
`
`against Defendants Dr. Reddy's Laboratories, Ltd. ("DRL Ltd."), Dr. Reddy's Laboratories,
`
`Inc.
`
`("DRL Inc."), and Promius Pharma, LLC ("Promius") (collectively, "DRL" or
`
`"Defendants"), hereby allege as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Galderma is a privately held partnership registered in the State of Texas,
`
`having a principal place of business at 14501 North Freeway, Fort Worth, Texas 76177.
`
`2.
`
`Plaintiff NSH is a "societe anonyme" organized and existing under the laws of
`
`Switzerland, having a principal place of business at Avenue Gratta Paille 2, 1018 Lausanne,
`
`Switzer land.
`
`3.
`
`PlaintiffTCD is a limited liability company organized and existing under the laws
`
`of the State of Delaware, having a principal place of business at 222 Delaware Avenue, Suite
`
`1200, Wilmington, DE 19801.
`
`Dr. Reddy's Laboratories, Ltd., et al.
`v.
`Galderma Laboratories, Inc.
`IPR2015-__
`Exhibit 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 1 of 12 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`GALDERMA LABORATORIES, L.P.;
`NESTLÉ SKIN HEALTH S.A.; and
`TCD ROYALTY SUB, LLC,
`
`COMPLAINT
`
`Plaintiffs Galderma Laboratories, L.P. (“Galderma”), Nestlé Skin Health S.A.
`
`(“NSH”) and TCD Royalty Sub, LLC (“TCD”) (collectively, “Plaintiffs”), for their Complaint
`
`against Defendants Dr. Reddy’s Laboratories, Ltd. (“DRL Ltd.”), Dr. Reddy’s Laboratories,
`
`Inc. (“DRL Inc.”), and Promius Pharma, LLC (“Promius”) (collectively, “DRL” or
`
`“Defendants”), hereby allege as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Galderma is a privately held partnership registered in the State of Texas,
`
`having a principal place of business at 14501 North Freeway, Fort Worth, Texas 76177.
`
`2.
`
`Plaintiff NSH is a “societe anonyme” organized and existing under the laws of
`
`Switzerland, having a principal place of business at Avenue Gratta Paille 2, 1018 Lausanne,
`
`Switzerland.
`
`3.
`
`Plaintiff TCD is a limited liability company organized and existing under the laws
`
`of the State of Delaware, having a principal place of business at 222 Delaware Avenue, Suite
`
`1200, Wilmington, DE 19801.
`
`
`
`
`
`C.A. No.
`
`
`
`
`
`
`
`
`
`)))))))))
`
`
`)
`)
`)
`)
`
`
`
`
`
`Plaintiffs,
`
`v.
`
`
`
`
`
`
`DR. REDDY’S LABORATORIES, LTD.;
`DR. REDDY’S LABORATORIES, INC.; and
`PROMIUS PHARMA, LLC,
`
`
`
` Defendants.
`
`
`
`
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 2 of 12 PageID #: 2
`
`
`
`4.
`
`Upon information and belief, Defendant Promius is a limited liability company
`
`organized and existing under the laws of the State of Delaware, having a principal place of
`
`business at 200 Somerset Corporate Blvd, Bridgewater, New Jersey 08540, and is a wholly-
`
`owned subsidiary and agent of Defendants DRL Inc. and DRL Ltd.
`
`5.
`
`Upon information and belief, Defendant DRL Inc. is a corporation organized and
`
`existing under the laws of the State of New Jersey, having a principal place of business at 107
`
`College Road East, Princeton, New Jersey 08540, and is a wholly-owned subsidiary and agent of
`
`Defendant DRL Ltd.
`
`6.
`
`Upon information and belief, Defendant DRL Ltd. is a corporation organized and
`
`existing under the laws of India, having a principal place of business at 8-2-337, Road No. 3,
`
`Banjara Hills, Hyderabad 500 034, Telangana, India.
`
`NATURE OF THE ACTION
`
`7.
`
`This is a civil action for infringement of United States Patent Nos. 7,211,267 (“the
`
`’267 patent”); 7,232,572 (“the ’572 patent”); 8,603,506 (“the ’506 patent”); 7,749,532 (“the ’532
`
`patent”); 8,206,740 (“the ’740 patent”); 8,394,405 (“the ’405 patent”); 8,394,406 (“the ’406
`
`patent”); 8,470,364 (“the ’364 patent”); and 8,709,478 (“the ’478 patent”) (collectively, “the
`
`patents-in-suit”). (Exhibits A-I.) This action arises under the Patent Laws of the United States,
`
`35 U.S.C. §§ 100 et seq., as well as the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02.
`
`JURISDICTION AND VENUE
`
`8.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`9.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)-(d) and 1400(b).
`
`2
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 3 of 12 PageID #: 3
`
`
`
`10.
`
`This Court has personal jurisdiction over Defendants Promius, DRL Inc. and DRL
`
`Ltd. by virtue of the fact that, inter alia, Defendants have committed, aided, abetted, contributed
`
`to, and/or participated in the commission of a tortious act of patent infringement under 35 U.S.C.
`
`§ 271(e)(2) that has led and/or will lead to foreseeable harm and injury to Plaintiffs, including in
`
`the State of Delaware. Defendants state that they intend to engage in the commercial
`
`manufacture, use, and/or sale under DRL’s New Drug Application (“NDA”) No. 208286 of a 40
`
`mg doxycycline capsules product proposed for the indication of “treatment of only inflammatory
`
`lesions (papules and pustules) of rosacea in adult patients” (“DRL’s NDA Product”), before the
`
`expiration of the patents-in-suit, throughout the United States, including in the State of Delaware.
`
`11.
`
`Upon information and belief, Promius, as a subsidiary and agent of DRL Inc. and
`
`DRL Ltd., “focus[es] on [DRL’s] U.S. Specialty Business, which is engaged in the development
`
`and sales of branded specialty products in the therapeutic areas of dermatology and neurology.”
`
`Upon information and belief, Promius is the “commercial arm” of DRL Ltd.’s Proprietary
`
`Products Group. Upon information and belief, Promius “leverages [DRL Ltd.’s] research,
`
`development and manufacturing facilities in Hyderabad, India,” including with respect to DRL’s
`
`NDA No. 208286 and DRL’s NDA Product.
`
`12.
`
`Upon information and belief, DRL Inc. is the agent for DRL Ltd. for purposes of
`
`making regulatory submissions to the United States Food and Drug Administration (“FDA”),
`
`including DRL’s NDA No. 208286 at issue in this litigation.
`
`13.
`
`Upon information and belief, Promius, DRL Inc. and DRL Ltd. have acted in
`
`concert with respect to the preparation and filing of NDA No. 208286 for DRL’s NDA Product
`
`and in preparation to sell the NDA Product in the United States, including in the State of
`
`Delaware.
`
`3
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 4 of 12 PageID #: 4
`
`
`
`14.
`
`Upon information and belief, following approval of NDA No. 208286 by the
`
`FDA, Promius will act in concert with DRL Ltd. and DRL Inc. to commercialize DRL’s NDA
`
`Product throughout the United States, including in the State of Delaware. Upon information and
`
`belief, DRL has estimated potential U.S. sales of DRL’s NDA Product of $50-75 million in the
`
`near term.
`
`15.
`
`DRL’s infringing activities with respect to its filing of NDA No. 208286 and
`
`intent to commercialize DRL’s NDA Product have led and/or will lead to foreseeable harm and
`
`injury to Plaintiffs, including to TCD, a Delaware company located in Wilmington, Delaware.
`
`16.
`
`This Court also has personal jurisdiction over Promius by virtue of the fact that,
`
`upon information and belief, inter alia, it is organized and existing under the laws of the State of
`
`Delaware, has availed itself of the rights and benefits of Delaware law, and has engaged in
`
`systematic and continuous contacts with the State of Delaware.
`
`17.
`
`This Court also has personal jurisdiction over DRL Inc. and DRL Ltd. by virtue of
`
`the fact that, upon information and belief, inter alia, DRL Inc. and DRL Ltd. have availed
`
`themselves of the rights and benefits of Delaware law, and have engaged in systematic and
`
`continuous contacts with the State of Delaware.
`
`18.
`
`Upon information and belief, DRL Inc. and DRL Ltd., directly or through their
`
`subsidiaries, affiliates or agents, develop, formulate, manufacture, market, import and sell
`
`pharmaceutical products, including branded drug products and generic drug products, throughout
`
`the United States, including in the State of Delaware.
`
`19.
`
`Upon information and belief, Promius, on behalf of DRL Inc. and DRL Ltd. as
`
`their subsidiary and agent, sells branded dermatologic pharmaceutical products in the United
`
`States, including in the State of Delaware, through its sales force including 54 sales
`
`4
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 5 of 12 PageID #: 5
`
`
`
`representatives, six regional sales managers and one sales director. Upon information and belief,
`
`Promius’s sales force targets approximately 8000 physicians in the field of dermatology and is
`
`supported by a direct marketing team and a public relations program.
`
`20.
`
`Upon information and belief, DRL Ltd. directs the operations, management and
`
`activities of Promius and DRL Inc. in the United States. Upon information and belief, DRL Ltd.
`
`and Promius share executive officers in common, including Dr. Raghav Chari, who upon
`
`information and belief is the Executive Vice President of Proprietary Products of DRL Ltd. and a
`
`member of the Management Council of DRL Ltd., and is also the President and Head of
`
`Promius.
`
`21.
`
`This Court also has personal jurisdiction over Defendants DRL Inc. and DRL Ltd.
`
`because they have previously submitted to the jurisdiction of this Court and have affirmatively
`
`availed themselves of the legal protections of the State of Delaware, having asserted
`
`counterclaims in this jurisdiction. See Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy’s
`
`Laboratories, Ltd. et al., C.A. No. 14-157-LPS (D. Del.); Cephalon, Inc. v. Dr. Reddy's
`
`Laboratories, Ltd. et al, C.A. No. 15-179-GMS (D. Del.); Allos Therapeutics, Inc. et al. v. Teva
`
`Pharmaceuticals USA, Inc. et al., C.A. No. 14-778-RGA (D. Del.); Genzyme Corporation et al.
`
`v. Dr. Reddy’s Laboratories Ltd. et al., C.A. No. 13-1506-GMS (D. Del); Teva Pharmaceuticals
`
`USA, Inc. et al. v. Dr. Reddy’s Laboratories, Ltd., et al., C.A. No. 15-306-GMS (D. Del.); Teijin
`
`Ltd. et al. v. Dr. Reddy’s Laboratories, Ltd. et al., C.A. No. 13-1780-SLR (D. Del.); and Pfizer
`
`Inc. et al. v. Dr. Reddy’s Laboratories, Ltd. et al., C.A. No. 13-989-SLR (D. Del.).
`
`5
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 6 of 12 PageID #: 6
`
`
`
`THE PATENTS-IN-SUIT
`
`22.
`
`Plaintiff Galderma holds New Drug Application (“NDA”) No. 50-805 on
`
`ORACEA® (doxycycline, USP) 40 mg Capsules, and is the exclusive distributor of ORACEA®
`
`Capsules in the United States.
`
`23.
`
`On May 1, 2007, the ’267 patent, entitled “Methods of Treating Acne” was duly
`
`and legally issued to CollaGenex Pharmaceuticals, Inc. A copy of the ’267 patent is attached as
`
`Exhibit A.
`
`24.
`
`25.
`
`NSH is the current owner of the ’267 patent.
`
`On June 19, 2007, the ’572 patent, entitled “Methods of Treating Rosacea” was
`
`duly and legally issued to CollaGenex Pharmaceuticals, Inc. A copy of the ’572 patent is
`
`attached as Exhibit B.
`
`26.
`
`27.
`
`NSH is the current owner of the ’572 patent.
`
`On December 10, 2013, the ’506 patent, entitled “Methods of Treating Acne” was
`
`duly and legally issued to Galderma Laboratories, Inc. A copy of the ’506 patent is attached as
`
`Exhibit C.
`
`28.
`
`29.
`
`NSH is the current owner of the ’506 patent.
`
`On July 6, 2010, the ’532 patent, entitled “Once Daily Formulations of
`
`Tetracyclines” was duly and legally issued to Supernus Pharmaceuticals, Inc. A copy of the ’532
`
`patent is attached as Exhibit D.
`
`30.
`
`31.
`
`TCD is the current owner of the ’532 patent.
`
`On June 26, 2012, the ’740 patent, entitled “Once Daily Formulations of
`
`Tetracyclines” was duly and legally issued to Supernus Pharmaceuticals, Inc. A copy of the ’740
`
`patent is attached as Exhibit E.
`
`6
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 7 of 12 PageID #: 7
`
`
`
`32.
`
`33.
`
`TCD is the current owner of the ’740 patent.
`
`On March 12, 2013, the ’405 patent, entitled “Once Daily Formulations of
`
`Tetracyclines” was duly and legally issued to Supernus Pharmaceuticals, Inc. A copy of the ’405
`
`patent is attached as Exhibit F.
`
`34.
`
`35.
`
`TCD is the current owner of the ’405 patent.
`
`On March 12, 2013, the ’406 patent, entitled “Once Daily Formulations of
`
`Tetracyclines” was duly and legally issued to Supernus Pharmaceuticals, Inc. A copy of the ’406
`
`patent is attached as Exhibit G.
`
`36.
`
`37.
`
`TCD is the current owner of the ’406 patent.
`
`On June 25, 2013, the ’364 patent, entitled “Once Daily Formulations of
`
`Tetracyclines” was duly and legally issued to Supernus Pharmaceuticals, Inc. A copy of the ’364
`
`patent is attached as Exhibit H.
`
`38.
`
`39.
`
`TCD is the current owner of the ’364 patent.
`
`On April 29, 2014, the ’478 patent, entitled “Once Daily Formulations of
`
`Tetracyclines” was duly and legally issued to Supernus Pharmaceuticals, Inc. A copy of the ’478
`
`patent is attached as Exhibit I.
`
`40.
`
`41.
`
`TCD is the current owner of the ’478 patent.
`
`The patents-in-suit are listed in the FDA’s Approved Drug Products with
`
`Therapeutic Equivalence Evaluations (“Orange Book”) for ORACEA® Capsules.
`
`DRL’S NDA AND NOTICE LETTERS
`
`42.
`
`Upon information and belief, DRL Inc., with the collaboration or assistance of
`
`Promius and DRL Ltd., submitted NDA No. 208286 to the FDA under § 505(b)(2) of the Federal
`
`Food, Drug, and Cosmetic Act (21 U.S.C. § 355(b)(2)), including a certification with respect to
`
`7
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 8 of 12 PageID #: 8
`
`
`
`the patents-in-suit under § 505(b)(2)(A)(iv) of the Federal Food, Drug and Cosmetic Act
`
`(“Paragraph IV Certification”), seeking approval to engage in the commercial manufacture, use,
`
`sale, or offer for sale within the United States, or importation into the United States, of DRL’s
`
`NDA Product prior to the expiration of the patents-in-suit.
`
`43.
`
`Upon information and belief, DRL has used the name “DFD-09” in public
`
`statements to refer to DRL’s NDA Product.
`
`44.
`
`Upon information and belief, DRL has stated that the proposed labeling for
`
`DRL’s NDA Product is “similar” to the FDA approved labeling for ORACEA® Capsules.
`
`45.
`
`Upon information and belief, DRL has stated that it has successfully completed
`
`bioequivalence studies comparing DRL’s NDA Product to ORACEA® Capsules.
`
`46.
`
`DRL Inc., on behalf of DRL Ltd. sent a letter to Galderma dated June 22, 2015,
`
`signed by Lee Banks Esq., Vice President, Intellectual Property, DRL Inc., representing that
`
`DRL Ltd. had filed a Paragraph IV Certification in NDA No. 208286 with respect to the ’267,
`
`’572 and ’506 patents (collectively, the “Ashley patents”), and that DRL is seeking approval of
`
`its NDA Product under NDA No. 208286 prior to the expiration of those patents (“the Ashley
`
`Notice Letter”).
`
`47.
`
`DRL Inc., on behalf of DRL Ltd. sent a letter to Galderma and TCD dated June
`
`22, 2015, signed by Lee Banks Esq., Vice President, Intellectual Property, DRL Inc.,
`
`representing that DRL Ltd. had filed a Paragraph IV Certification in NDA No. 208286 with
`
`respect to the ’532, ’740, ’405, ’406, ’364, and ’478 patents (collectively, the “Chang patents”),
`
`and that DRL is seeking approval of its NDA Product under NDA No. 208286 prior to the
`
`expiration of those patents (“the Chang Notice Letter”).
`
`8
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 9 of 12 PageID #: 9
`
`
`
`48.
`
`Galderma received the Ashley Notice Letter on June 25, 2015 via U.S. Certified
`
`Mail. Galderma and TCD received the Chang Notice Letter on June 25, 2015 via U.S. Certified
`
`mail.
`
`49.
`
`This action is being commenced by Plaintiffs within 45 days of the date of the
`
`receipt of DRL’s Ashley Notice Letter and Chang Notice Letter.
`
`50.
`
`Both DRL’s Ashley Notice Letter and Chang Notice Letter included an
`
`accompanying Offer of Confidential Access (“OCA”) to certain DRL confidential information
`
`regarding the DRL NDA Product. Galderma subsequently, over the course of several weeks,
`
`negotiated with DRL in an effort to agree on reasonable terms for DRL’s OCA. The parties were
`
`not able to reach an agreement with respect to the reasonable revisions to the terms of DRL’s
`
`OCA that Galderma proposed.
`
`51.
`
`To date, DRL has not provided Plaintiffs with a copy of any portions of DRL’s
`
`NDA or any information regarding the DRL NDA Product, beyond the information that was set
`
`forth in DRL’s Notice Letter.
`
`DRL’S INFRINGEMENT OF THE PATENTS-IN-SUIT
`
`Plaintiffs re-allege paragraphs 1-51 as if fully set forth herein.
`
`By seeking approval of their NDA No. 208286 to engage in the commercial
`
`52.
`
`53.
`
`manufacture, use, sale, or offer for sale within the United States, or importation into the United
`
`States, of DRL’s NDA Product prior to the expiration of the ’267, ’572, ’506, ’532, ’740, ’405,
`
`’406, ’364, and ’478 patents, Defendants have infringed those patents-in-suit under 35 U.S.C.
`
`§ 271(e)(2)(A).
`
`54.
`
`Defendants Promius, DRL Inc. and DRL Ltd. are jointly and severally liable for
`
`infringement of the ’267, ’572, ’506, ’532, ’740, ’405, ’406, ’364, and ’478 patents under 35
`
`9
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 10 of 12 PageID #: 10
`
`
`
`U.S.C. § 271(e)(2)(A). Upon information and belief, Promius, DRL Inc. and DRL Ltd. actively
`
`and knowingly caused to be submitted, assisted with, participated in, contributed to, or directed
`
`the submission of NDA No. 208286 seeking to engage in the commercial manufacture, use, sale,
`
`or offer for sale within the United States, or importation into the United States, of DRL’s NDA
`
`Product prior to the expiration of the patents-in-suit.
`
`55. Moreover, if Defendants manufacture, use, offer for sale, or import into the
`
`United States any of the DRL NDA Product, or induce or contribute to any such conduct, prior to
`
`the expiration of the ’267, ’572, ’506, ’532, ’740, ’405, ’406, ’364, and ’478 patents, including
`
`any applicable exclusivities or extensions, Defendants would infringe the one or more claims of
`
`those patents-in-suit under 35 U.S.C. § 271(a), (b) and/or (c).
`
`56.
`
`Plaintiffs are entitled to relief provided by 35 U.S.C. § 271(e)(4), including an
`
`order of this Court that the effective date of the approval of the NDA No. 208286 be a date that
`
`is not earlier than the expiration date of the patents-in-suit, or any later expiration of any patent
`
`term extension or exclusivity for the patents-in-suit to which Plaintiffs become entitled.
`
`57.
`
`Plaintiffs will be irreparably harmed by Defendants’ infringing activities unless
`
`those activities are enjoined by this Court. Plaintiffs do not have an adequate remedy at law.
`
`PRAYER FOR RELIEF
`
`Plaintiffs request that the Court grant the following relief:
`
`A.
`
`An Order adjudging and decreeing that Defendants Promius, DRL Inc. and
`
`DRL Ltd. have infringed the ’267, ’572, ’506, ’532, ’740, ’405, ’406, ’364, and ’478 patents by
`
`submitting NDA No. 208286 to the FDA;
`
`B.
`
`An Order pursuant to 35 U.S.C. § 271(e)(4)(A) providing that the effective
`
`date of any FDA approval of DRL’s NDA No. 208286 will not be earlier than the expiration date
`
`10
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 11 of 12 PageID #: 11
`
`
`
`of the ’267, ’572, ’506, ’532, ’740, ’405, ’406, ’364, and ’478 patents, or any later expiration of
`
`any patent term extension or exclusivity for the aforementioned patents-in-suit to which
`
`Plaintiffs are or become entitled;
`
`C.
`
`An Order permanently enjoining Defendants Promius, DRL Inc. and DRL
`
`Ltd., their directors, officers, agents, attorneys, affiliates, divisions, successors and employees,
`
`and those acting in privity or concert with them, from manufacturing, using, offering to sell,
`
`selling, marketing, distributing, or importing DRL’s NDA Product identified in this Complaint,
`
`or any product that infringes the ’267, ’572, ’506, ’532, ’740, ’405, ’406, ’364, or ’478 patents,
`
`prior to the expiration of the patents-in-suit, including any extensions to which Plaintiffs are or
`
`become entitled;
`
`D.
`
`That Plaintiffs be awarded monetary relief to the extent Defendants
`
`commercially manufacture, use, offers for sale, or sell within the United States, or import into
`
`the United States any product that infringes or induces or contributes to the infringement of the
`
`’267, ’572, ’506, ’532, ’740, ’405, ’406, ’364, or ’478 patents, within the United States prior to
`
`the expiration of the aforementioned patents, including any later expiration of any patent term
`
`extension or exclusivity for the patents to which Plaintiffs are or will become entitled, and that
`
`any such monetary relief be awarded to Plaintiffs with prejudgment interest; and
`
`E.
`
`Such other and further relief as the Court may deem just and proper.
`
`
`
`
`
`11
`
`Exh. 1045
`
`
`
`Case 1:15-cv-00670-UNA Document 1 Filed 07/31/15 Page 12 of 12 PageID #: 12
`
`
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Maryellen Noreika
`
`
`
`
`Jack B. Blumenfeld (#1014)
`Maryellen Noreika (#3208)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@mnat.com
`mnoreika@mnat.com
`
`Attorneys for Plaintiffs
`
`
`
`
`OF COUNSEL:
`
`Gerald J. Flattmann, Jr.
`Evan D. Diamond
`Vanessa Y. Yen
`PAUL HASTINGS LLP
`75 East 55th Street
`New York, NY 10022
`(212) 318-6000
`
`July 31, 2015
`
`12
`
`Exh. 1045