Case 1:14-cv-00160-RGA Document 5 Filed 03/10/14
`Page 1 of 2 PagelD #: 36
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`AO 399 (01/09) Waiver of the Service of Summons
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`UNITED STATES DISTRICT
`COURT
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`for the
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`District of Delaware
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`Civil Action No. 14-00160-UNA
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`FRESENIUS KASI USA, LLC
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`DR. RED DY'S LABORATORIES, LTD I et al.
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`Plaintiff
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`v.
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`Defendant
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`WAIVER OF THE SERVICE OF SUMMONS
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`(Name of the plaintiff's attorney or unrepresented plaintiff)
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`To: Brian E. Farnan
`your request to waive service
`of a summons in this action along with a copy of the complaint,
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`I have received
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`two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
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`agree to save the expense of serving a summons and complaint in this case.
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`I, or the entity I represent,
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`or objections to the lawsuit, the court's
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`I understand that I, or the entity I represent, will keep all defenses
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`jurisdiction, and the venue of the action, but that I waive any objections
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`to the absence of a summons or of service.
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`that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
`I also understand
`02/10/2014 , the date when this request was sent (or 90 days if it was sent outside
`the
`60 days from
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`United States). If I fail to do so, a default
`judgment will be entered
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`a��ns� r the entity I represent.
`���
`\
`Dale: 02/10/2014
`Frank D. Rodriguez
`Dr. Reddy's Laboratories
`Ltd ..
`Budd Larner
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`150 John F. Kennedy Parkway
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`Short Hills, NJ 07078-2703
`frodriguez@budd-larner.com
`(973) 315-4460
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`Printed name of party waiving service of summons
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`Signature of the attor
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`Printed name
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`Address
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`E-mail address
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`Telephone number
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
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`Rule 4 oflhe Federal Rules of Civil Procedure requires certain defendants lo cooperate in saving unm:cessary expenses of serving a summons
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`and complaint A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
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`the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
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`no jurisdiction over this matter or over the defendant or the defendant's property.
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`"Good cause" does not include a belief that tlie lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
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`a summons or of service.
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`If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object lo the absence of
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`If you waive service, then you must, within the time specified on the waiver funn, serve an answer or a motion under Rule 12 on the plaintiff
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`and file a copy with the court. By signing and returning the waiver form, you are allowed more time lo respond than if a summons had been served.
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`Bass and Spangenberg
`v.
`Fresenius Kabi USA, LLC
`U.S. Patent No. 8,476,010
`Exhibit 1016
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`Exh. 1016
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`

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`Case 1:14-cv—00160-RGA Document 5 Filed 03i10l14 Page 2 of 2 Page-ID #: 37
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`A0 399 (OM09) Waiver of the Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
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`l_._J_§A. LLC
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`FRESENIUS KA_l3_|
`Plairtttfi’
`v.
`on. REDD\_’_'_S_ LABORATORIES, LTD. et
`Defendant
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`)
`)
`)
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`)
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`Civil Action No. 14-00160~UNA
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`WAIVER OF THE SERVICE OF SUMMONS
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`To: Brian E._l=_s_trn§;i__r_i________
`(Name ofthe pEaintr;l‘}"s RIIOFIEB-}l
`
`ltlinlrepresenteoilpiairtQ39‘ H
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`I have received your request to waive service of a summons in this action along with a Copy of the complaint,
`two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
`
`I, or the entity 1 represent, agree to save the expense of serving a summons and complaint in this case.
`
`I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s
`jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
`
`I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
`60 days from ________
`{.}2_l_'_‘l_Q_;"_2(}1¢l_-_____
`, the date when this request was sent (or 90 days if it was sent outside the
`United States).
`‘If I fail to do so, a default judgment will be entered against m
`the entity I represent.
`
`Date:
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`c2i10i2o_1+t_
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`H
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`Signature afthe attorney or
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`ese-ntedpnrtyl
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`'
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`__
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`Dr. Reddy's__l.aboratories, Inc.
`Printed name ofpnrry waiving service ofsummons
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`__
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`_
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`Frank__|Q. Rodriguez
`Prirtted name
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`Budd Larner
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`150 John F. Kennedy Parkway
`Sn_c_r_t Hills. NJ 07078-27G3___
`Address
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`frcdrig UeZ@_i(_1l_l._.l dc_l_;|arner. com
`E-mail address
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`(9?.3)__315~4460
`Telephone munber
`
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule :1 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons
`and complaint. A defendant who is located in the United States and who fails to return a signed waiver of servio: requested by El plaintiff located in
`the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
`
`“Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
`no jurisdiction over this matter or over the defendant or the defendant’s property.
`
`If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
`ii summons or ofservicc.
`
`If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
`and tile :1 copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
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`Exh .1016