`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TEVA PHARMACEUTICALS USA, INC.,
`
`Petitioner,
`
`V.
`
`ASTRAZENECA AB,
`Patent Owner.
`
`Case IPR2016-01122
`
`Patent No. RE44,186
`
`NOTICE OF JOINT STIPULATION REGARDING JOINDER
`
`
`
`I.
`
`Introduction
`
`Following Patent Owner AstraZeneca AB’s (“Astrazeneca”) filing of its
`
`opposition (Paper 10) to Petitioner Teva Pharmaceuticals USA, Inc.’s (“Teva”)
`
`motion to join (Paper 3) the instituted IPR2015-01340, Mylan Pharms. Inc, v.
`
`AstraZeneca AB (the “proceeding”), the parties met and conferred as to the level of
`
`cooperation between Teva and Mylan that will be maintained if Teva’s motion for
`
`joinder was granted. Teva notified AstraZeneca that it has reached an agreement
`
`with Mylan and, by this notice, stipulates that if joinder is granted, that it will
`
`cooperate with Mylan and any other joined party to provide a single voice in the
`
`joined proceeding, whether at hearings, at depositions, in filings, or otherwise.
`
`II.
`
`TeVa’s Stipulation
`
`Teva agrees to share the use of Mylan’s experts with Mylan, the “Lead
`
`Petitioner,” and all joined petitioners in this IPR proceeding. As long as Mylan is a
`
`party to the proceeding, Teva will:
`
`0
`
`0
`
`0
`
`coordinate any communications with Mylan’s experts through Mylan;
`
`not produce their own testifying witness; and
`
`not file substantive papers (except for those associated with Board
`
`approved motions that do not affect Mylan or Mylan’s position).
`
`Teva will confer and cooperate with Mylan and all joined petitioners on the
`
`consolidated filings but, as long as Mylan is a party to the review, Mylan will make
`
`
`
`Case No. IPR20l6-01122
`
`Patent No. RE44,l 86
`
`all final decisions and will retain responsibility for oral argument (including
`
`telephone hearings and appeals). Teva will not seek or receive separate time and
`
`will not separately argue during oral argument, including telephone hearings and
`
`appeals, except when addressing Board—approved motions that do not affect Mylan
`
`or Mylan’s position.
`
`Teva will coordinate the discovery and testimony relating to witnesses with
`
`Mylan and all joined petitioners but, as long as Mylan is a party to the review,
`
`Mylan will make all final decisions. In particular, as long as Mylan is a party to the
`
`review, Teva will not separately file or serve objections or discovery requests, will
`
`not receive separate cross examination or redirect time, will not separately cross
`
`examine or redirect any witness, and it stipulates that cross examinations will occur
`
`within the timeframe normally allotted to one party without a need for extension in
`
`light of the joinder.
`
`Whether Mylan remains a party or not, Teva will not actively seek to change
`
`the opinion of Mylan’s current expert (Dr. Rotella) or present attorney arguments
`
`that are inconsistent with Dr. Rotella’s opinions or the positions taken by Mylan in
`
`the copending litigation.
`
`If Mylan is no longer a party to the proceeding, Teva shall meet and confer
`
`with the remaining joined parties, if any, to select a new Lead Petitioner. Any such
`
`
`
`Case No. IPR20l6—0l 122
`
`Patent No. RE44,l86
`
`new Lead Petitioner will effectively take Mylan’s place in this proceeding and
`
`Teva will continue to be bound hereby.
`
`Nothing in this Notice of Stipulation Regarding Joinder is intended to limit
`
`the evidence the Board may consider pursuant to Genzyme Therapeutic Partners
`
`Products LP 12. Biomarin Pharma, Ltd, __ F.3d __ (Fed. Cir. June 14, 2016).
`
`III. Patent Owner’s Stipulation
`
`If joinder is granted, AstraZeneca stipulates that it will not request any
`
`additional level of cooperation other than that specified in the previous section.
`
`
`
`Case No. IPR2016-01122
`
`Patent No. RE44,186
`
`Respectfully submitted,
`
`Dated:
`
`“‘1,Zz,
`
`, 2016
`
`
`
`Dated: 112- ,2016
`
`‘X3, Lia}:
`’i"”’*‘;?Reg. No.
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`
`901 New York Ave., NW
`Washington, DC 20001
`
`Counselfor Patent Owner in
`IPR2016—01122
`
`/49%“?
`By-
`6‘? x‘)7""r_ V , Reg. No.
`Carlson, Caspers, Vandenburgh,
`Lindquist & Schuman, PA
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`
`Counselfor Petitioner in
`IPR2016-01122
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a copy of the foregoing NOTICE OF JOINT
`
`STIPULATION REGARDING JOINDER was served electronically via e-mail
`
`on the 2nd day of September, 2016, in its entirety on the following:
`
`Gary J. Speier
`Carlson, Caspers, Vandenburgh,
`Lindquist & Schuman, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`gspeier@carlsoncaspers.com
`
`Iain A. McIntyre
`Carlson, Caspers, Vandenburgh,
`Lindquist & Schuman, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`imcintyre@carlsoncaspers.com
`
`
`
`
`/John W. Kozikowski/
`Litigation Legal Assistant
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, L.L.P.
`
`
`
`
`
`
`
`Dated: September 2, 2016
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