IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`UCB, INC., UCB PHARMA GMBH,
`RESEARCH CORPORATION
`
`TECHNOLOGIES, INC. and HARRIS FRC
`CORPORATION,
`
`Plaintiffs,
`
`v.
`
`Civil Action No. 13-1206-LPS
`(Consolidated)
`
`ACCORD HEALTHCARE, INC., et al.,
`
`Defendants.
`
`
`
`DEFENDANTS’ AMENDED NOTICE OF DEPOSITION OF THE UNIVERSITY OF
`HOUSTON
`
`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure, Defendants, by their undersigned attorneys, shall take the deposition upon oral
`
`examination of the University of Houston by a person to be designated by it to testify on its
`
`behalf on the subjects identified in Exhibit A and produce the documents requested in Exhibit B
`
`attached to the annexed subpoena (Exhibit 1). The deposition will take place at the offices of
`
`Winston & Strawn LLP, 1111 Louisiana Street, 25"‘ Floor, ‘Houston, TX 77002, commencing on
`
`October 30, 2014, at 10:00 a.m., or at such other time and place as mutually agreed upon, and
`
`will continue from day to day until completed. The deposition will be taken before an officer
`
`authorized to administer an oath and will be recorded by stenographic and videotape means.
`
`Plaintiffs’ counsel are invited to attend and cross-examine.
`
`
`
`_t/l1;6«_1\._L
`EXHIBIT NO. __Z
`
`
`
`P. Antone, CRR
`
`MYLAN - EXHIBIT 1104.01
`  
`
`

 
`
`

`
`Dated: October 9, 2014
`
`/s/Me an C. Hane
`John C. Phillips, Jr., Esquire (No. 110)
`Megan C. Haney, Esquire (No. 5016)
`PHILLIPS GOLDMAN & SPENCE, P.A.
`1200 North Broom Street
`Wilmington, DE 19806
`302-655-4200
`jcp@pgslaw.com
`mch@pgslaw.com
`
`George C. Lombardi, Esquire
`James F. Hurst, Esquire
`Michael K. Nutter, Esquire
`Maureen L. Rurka, Esquire
`Samuel S. Park, Esquire
`WINSTON &STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 6060]
`
`Charles B. Klein, Esquire
`John K. Hsu, Esquire
`Eimeric Reig-Plessis, Esquire
`WINSTON &STRAWN LLP
`1700 K Street, N.W.
`Washington, DC 2006
`
`Attorneysfor Defendants Amneal
`Pharmaceuticals, LLC, Amneal
`Pharmaceuticals ofNew York, LLC', Aurobindo
`Pharma Ltd., Aurobindo Pharma USA, Inc.,
`Breckenridge Pharmaceutical, Inc., Vennoot
`Pharmaceuticals, LLC, Sandoz Inc., Sun
`Pharma Global FZE, Sun Pharmaceutical
`Industries, Ltd, Watson Laboratories, Inc. —
`Florida (n/k/a Actavis Laboratories FL, Inc.),
`Watson Pharma, Inc. (n/k/a Actavis Pharma,
`Inc.), and Actavis, Inc.
`
`/s/John W. Shaw
`John W. Shaw, Esquire (No. 3362)
`SHAW KELLER LLP
`
`300 Delaware Avenue, Suite 1120
`Wilmington, DE 19801
`302-298-0700
`jshaw@shawkeller.com
`
`Karen Bromberg, Esquire
`Guipreet Singh Walia, M.D., Esquire
`COHEN & GRESSER LLP
`800 Third Avenue
`
`New York, NY 10022
`
`Richard G. Greco, Esquire
`Richard G. Greco PC
`
`-2-
`
`

`
`C/O COHEN & GRESSER LLP
`800 Third Avenue
`New York, NY 10022
`
`Attorneysfor Defendants Accord Healthcare,
`Inc. and Intas Pharmaceuticals Ltd.
`'
`
`/.s'/ Ste hen B. Brauerman
`Richard D. Kirk, Esquire (No. 922)
`Stephen B. Brauerman, Esquire (No. 4952)
`Vanessa R. Tiradentes, Esquire (No. 53 92)
`BAYARD, P.A.
`222 Delaware Avenue, Suite 900
`Wilmington, DE 19801
`302-655-5000
`rkirk@bayardIaw.corn
`sbrauerman@bayard]aw.com
`vtiradentes@bayardlaw.com
`
`Jeffer Ali, Esquire
`Sarah M. Stensland, Esquire
`CARLSON, CASPERS, VANDENBURGH,
`LINDQUIST &SCHUMAN, PA
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55403
`
`Attorneysfor Defendants Alembic
`Pharmaceuticals Ltd. and Alembic Limited
`
`/s/ Kenneth L. Dorsne
`Kenneth L. Dorsney, Esquire (No. 3762)
`MORRIS JAMES LLP
`
`500 Delaware Avenue, Suite 1500
`Wilmington, DE 19801
`302-888-6800
`kdorsney@morrisj ames.com
`
`Richard T. Ruzich, Esquire
`Stephen R. Auten, Esquire
`Ian Scott, Esquire
`TAFT STETTINIUS &.HOLLISTER LLP
`111 East Wacker, Suite 2800
`Chicago, IL 60601
`
`Attorneysfor Defendants Apotex Corp. and
`Apatex, Inc.
`
`/s/ Dominick T. Gattuso
`Dominick T. Gattuso, Esquire (No. 3630)
`PROCTOR HEYMAN LLP
`
`300 Delaware Avenue, Suite 200
`Wilmington, DE 19801
`302-472-7320
`
`dgattuso@protorheyman.com
`
`-3-
`
`

`
`Chad A. Landmon, Esquire
`Thomas K. Hedemaim, Esquire
`AXINN, VELTROP &I-IARKRIDER LLP
`90 State House Square, 9"‘ Floor
`Hartford, CT 06103-3704
`
`Dan Feng Mei, Esquire,
`AXINN, VELTROP & HARKRIDER LLP
`114 West 47”‘ Street New York, NY 1003
`
`Attorneys for Defendants Hetero USA Inc. and
`Hetero Labs Limited
`
`/.s'/ Pilar Kraman
`
`Adam W. Poff, Esquire (No. 3990)
`Pilar Kraman, Esquire (No. 5199)
`YOUNG CONAWAY STARGATT &TAYLOR, LLP
`Rodney Square
`-
`1000 North King Street
`Wilmington, DE 19801
`apoff@ycst.com
`pkraman@ycst.com
`
`Nicole Stafford, Esquire
`Eric Amell, Esquire
`WILSON SONSINI GOODRICH ROSATI, P.C.
`900 South Capital of Texas Highway
`Las Cimas IV, Fifth Floor
`Austin, TX 78746
`
`Wendy L. Devine, Esquire
`WILSON SONSINI GOODRICH ROSATI, P.C.
`12235 El Camino Real, Suite 200
`San Diego, CA 92130
`
`Laura P. Evans (levans@wsg;.com)
`Yongdan Li (y1i@wsgr.com)
`WILSON SONSINI Gooomca ROSATI, P.C.
`633 West Fifth Street, 15th Floor
`Los Angeles, CA 90071
`(650) 849-3141
`
`Attorneys for Defendants Mylan
`Pharmaceuticals Inc. and Mylan, Inc.
`Pharmaceuticals Inc. and Mylan, Inc.
`
`

`
`EXHIBIT 1
`
`

`
`A0 88A (Rev. 02/I4) Subpoena to Testify at a Deposition in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`out so, we 3{oy31carr'\°\-51"’-L,
`
` :tits P If M -r.;.\;
`
`lama
`V.
`
`
`)
`)
`Accord Healthcare. Inc. et. al.
`_w_.?_._ )
`Defendant
`)
`
`
`
`Civil Action No.
`
`13-1206(LPS)IConsoIidated
`
`AMENDED
`
`SUBPOENA T0 TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`The University of Houston
`
`(Name ofperson to whom this subpoena is directed)
`
`D Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`
`Place:
`
`'a""s"‘t
`'21:?" _ _
`ree .
`oulslana
`Houston! TX 77002
`
`25th Fl
`
`oor
`
`I
`
`Date and Time:
`
`_
`10130/2014 10.00 am
`
`
`
`The deposition will be recorded by this method: Stenosrapher or Videotape
`
`5 Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material; Documents identified In Exhibit B
`
`
`
`The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
`Rule 4S(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`CLERK OF COURT
`
`OR
`
`/S/ John W. Shaw
`
`Signature ofClerk or Deputy Clerk’
`Attorney ‘s signature
`
`
`539 e"‘°'- “St
`The name, address, e—mail address, and telephone number of the attorney representing (name ofpany)
`, who issues or requests this subpoena, are:
`
`John W. Shaw, Esquire (No. 3362)
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`
`A0 88A (Rev. OZII4) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`CM; Action No. 13-1206(LPS)IConsoIidated
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`I received this subpoena for (name ofindividual and title, ifany)
`
`on (date)
`
`C]
`
`I sewed the subpoena by delivering a copy to the named individual as follows:
`
`
`
`on (date)
`
`; oras
`
`III
`
`I returned the subpoena unexecuted because:
`
`
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`3
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server '5 signature
`
`
`Printed name and title
`
`
`Server '5 address
`
`Additional information regarding attempted service, etc.:
`
`

`
`
`A0 88A (Rev. 02/I4) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Eifective 1211/13)
`
`(c) Place ol'Co|npllarlce.
`
`(I) For a Trial, Hearing, or Deposition. A subpoena my command a
`person to attend a trial, hearing. or deposition only as follows:
`(A) within 100 miles ofwhere the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, ifthe person
`(i) is a party or a party's ofiicer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production ofdocuments, electronically stored in formation, or
`tangible things at a place within t00 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(cl) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attomey
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sancticn—which may include
`lost earnings and remonable attomey's fees—on a party or attorney who
`fails to comply.
`
`(2) Commttml to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents. electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to pcnnit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying. testing, or
`sampling any or all ofthe materials or to inspecting the premises-or to
`producing electronically stored information in the form or fol'ms requested.
`The objection must be served before the earlier ofthe time specified for
`compliance or 14 days alter the subpoena is served. lfan objection is made,
`the following rules apply:
`(I) At any time, on notice to the commanded person, the sewing party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) ‘These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party not a party's officer from
`significant expense resulting from compliance.
`
`(3) Qmrsltitrg or Modifying tr Sitbpoemr.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modiiy a subpoena that:
`
`(i) iirils to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 4S(c);
`(iii) requires disclosure ofprivileged or other protected matter, ifno
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert's opinion or information that does
`not describe specific occurrences in dispute and results tiom the expert’s
`study that was not requested by a party.
`(C) Speclfi-ing Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead ofquashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the servingparty:
`(i) shows a substantial need forthe testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(c) Duties in Responding to a Subpoena.
`
`(1) Producing Doctmrents or Electronically Storedlnformorion. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course ofbusiness or
`must organize and label them to correspond to the categories in the demand.
`(I!) Farmjbr Producing Electronically Stored lrgfannatlon Nat Spec:/ieii
`lfa subpoena does not specify a fonn for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable fonn or forms.
`(C) Electronically Stored lnjbrmatiorr Produced in Only One Farm. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) lnaccesslble Electronically Stored Irfizrrrtalion. Tire person
`responding need not provide discovery ofelectronically stored information
`t‘rom sources that the person identifies as not reuonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. Ifthat showing is
`made, the court may nonetheless order discovery from such sources it‘the
`requesting party shows good cause. considering the limitations ot‘Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature ofthe withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected. will enable the parties to assess the claim.
`(B) Information Produced. ll‘ information produced in response to a
`subpoena is subject to a claim ofprivilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information ofthe claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information ifthe party disclosed it before bcin notified; and may promptly
`present the information under seal to the court or the district where
`compliance is required for a detennination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is requircd—and also, alter a
`motion is transferred, the issuing court——rnay hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`‘
`
`Foraccesstosubpoenamaterials,seeFed. R.Civ. P.45(a)CommitteeNote(20!3).
`
`I
`
`

`
`EXHIBIT A
`
`Definitions
`
`1.
`
`The “Le Gall Thesis” means “A Thesis Presented to the Faculty of the
`
`Department of Chemistry University of Houston-University Park In Partial Fulfillment of the
`
`Requirements for the Degree Master of Science" by Philippe Le Gall dated December 1987 on 2-
`
`Substituted-2-acetamido-N-benzylacetarnides. Synthesis, Spectroscopic and Anticonvulsant
`
`Properties.
`
`2.
`
`The “Vimpat (Lacosamide Tablets) Litigation” refers to UCB, Inc. et al. v.
`
`Accord Healthcare, Inc. et al., C.A. No. 13-1206 (LPS).
`
`3.
`
`The “Vimpat (Lacosamide Tablets) Litigation Plaintiffs” refers to Harris FRC
`
`Corporation, Research Corporation Technologies Inc., UCB Inc., UCB Pharma GmbH
`
`(substituted by UCB Biopharma SPRL), and UCB Biopharma SPRL.
`
`4.
`
`The “U.S. Patent Application No. 08/818,688” refers to U.S. Patent Application
`
`No. 08/818,688, U.S. Patent. No. 5,773,475 which issued from U.S. Application No. 08/818,688,
`
`and U.S. Patent No. RE3 8,551 which reissued from U.S. Patent. No. 5,773,475, and any
`
`invention covered by the aforementioned patent application and patents.
`
`5.
`
`“Harold Kohn” refers to the inventor listed on the face of U.S. Patent Application
`
`No. 08/818,688, U.S. Patent. No. 5,773,475, and U.S. Patent No. RE38,551.
`
`1.
`
`The general practice for indexing, cataloging, and shelving theses of students of
`
`Topics for the Deposition
`
`the University of Houston between 1987 and 1996.
`
`2.
`
`The customary research aids available in the library between 1987 and 1996
`
`through which a member of the public could locate theses of students of the University of
`
`Houston.
`
`

`
`3.
`The date when the Le Gall Thesis was first placed in any library or other
`collection ofliterature maintained by the University ofHouston, or any other library or literature
`
`collection.
`
`4.
`
`The manner in which the Le Gall Thesis was indexed, cataloged, shelved, and/or
`
`recorded as part of any library or literature collection, including electronic or paper indexing, and
`
`the dates when the indexing, cataloging, shelving, and/or recording occurred.
`
`5.
`
`The manner in which the Le Gall Thesis could be identified by a search including
`
`a search directed to anti-convulsants or chemical compound names including 2-acetarm'do-N-
`
`benzylacetamides and the date when such a search was first possible.
`
`6.
`
`Whether the Le Gall Thesis could be identified or accessed by a search conducted
`
`via the intemet or through any publically available literature search service and the date when
`
`such identification or access was possible.
`
`7.
`
`The date when the Le Gall Thesis was first available to any member of the public,
`
`through customary research aids available in the library or otherwise.
`
`8.
`
`V The manner in which any records were kept between January 1, 1987, and June
`
`30, 2010, regarding who accessed and/or borrowed any thesis of a student of the University of
`
`Houston, including but not limited to the Le Gall Thesis, including whether any record was kept
`
`of the identity and affiliation, if known, of any person or entity who accessed or borrowed a
`
`thesis and the date that a thesis was accessed or borrowed.
`
`9.
`
`Any record ofthe Le Gall Thesis being accessed or borrowed between January 1,
`
`1987, and June 30, 2010, including, if available, the identity and affiliation of any person or
`
`entity who accessed or borrowed the Le Gall Thesis and the date that the Le Gall Thesis was
`
`accessed or borrowed.
`
`10.
`
`Any agreement between the University of Houston and the Vimpat (Lacosamide
`
`Tablets) Litigation Plaintiffs, relating to U.S. Patent Application No. 08/818,688. , including the
`
`agreement between the University of Houston and Research Corporation Technologies, Inc.
`
`

`
`referred to in the “Assignment of Patent Application” in the file history of U.S. Patent No.
`RE38,551, attached herewith as Appendix A.
`
`11.
`
`Harold Kohn’s obligation to assign his rights, title and interest in U.S. Application
`
`No. 08/818,688, and the invention covered by the application, to the University of Houston.
`
`12.
`
`Communications between the University of Houston (or its counsel) and the
`
`Vimpat (Lacosamide Tablets) Litigation P1aintifi‘s (or their counsel) regarding the Vimpat
`
`(Lacosamide Tablets) Litigation.
`
`

`
`EXHIBIT B
`
`Documents to be produced
`
`Definitions
`
`1.
`
`The term “document” is defined to be synonymous in meaning and equal in scope
`
`to the usage of the term “documents or electronically stored information" in Fed. R. Civ. P.
`
`34(a)(1)(A).
`
`2.
`
`The “Le Gall Thesis” means “A Thesis Presented to the Faculty of the
`
`Department of Chemistry University of Houston-University Park In Partial Fulfillment of the
`
`Requirements for the Degree Master of Science” by Philippe Le Gall dated December 1987 on 2-
`
`Substituted-2-acetamido-N-benzylacetamides. Synthesis, Spectroscopic and Anticonvulsant
`
`Properties.
`
`3.
`
`The “Vimpat (Lacosamide Tablets) Litigation” refers to UCB, Inc. et al. v.
`
`Accord Healthcare, Inc. et al., C.A. No. 13-1206 (LPS).
`
`4.
`
`The “Vimpat (Lacosamide Tablets) Litigation Plaintiffs” refers to Harris FRC
`
`Corporation, Research Corporation Technologies Inc., UCB Inc., UCB Pharma GmbH
`
`(substituted by UCB Biopharma SPRL), and UCB Biopharma SPRL.
`
`5.
`
`The “U.S. Patent Application No. 08/818,688" refers to U.S. Patent Application
`
`No. 08/818,688, U.S. Patent. No. 5,773,475 which issued from U.S. Application No. 08/818,688,
`
`and U.S. Patent No. RE3 8,551 which reissued from U.S. Patent. No. 5,773,475, and any
`
`invention covered by the aforementioned patent application and patents.
`
`6.
`
`“Harold Kohn” refers to the inventor listed on the face of U.S. Patent Application
`
`No. 08/818,688, U.S. Patent. No. 5,773,475, and U.S. Patent No. RE3 8,551 .
`
`Documents Reguested
`
`1.
`
`Documents sufficient to show the date on which the Le Gall Thesis was added to
`
`the library or any literature collection maintained by the University of Houston.
`
`

`
`2.
`
`Documents sufficient to establish the date on which the Le Gall thesis was
`
`available to members of the public, through customary research aids available in the library or
`
`otherwise.
`
`3.
`
`Documents sufficient to show the manner in which the Le Gall Thesis was
`
`indexed, cataloged, and/or shelved as part of any library or literature collection maintained by the
`
`University of Houston and the dates on which such indexing, cataloging, and/or shelving was
`
`done.
`
`4.
`
`Documents sufficient to show the means by which the Le Gall thesis could be
`
`accessed by a member of the public through electronic means, including through any public or
`
`commercial literature search services.
`
`5.
`
`Documents sufficient to show the general practice for indexing, cataloging, and
`
`shelving theses of students of the University of Houston between 1987 and 1996.
`
`6.
`
`Documents sufficient to show the customary research aids available in the library
`
`between 1987 and 1996 through which a member of the public could locate theses of students of
`
`the University of Houston.
`
`7.
`
`Any record of the Le Gall Thesis being accessed or borrowed between January 1,
`
`1987, and June 30, 2010, including documents sufficient to show the identity and affiliation of
`
`any person or entity who accessed or borrowed the Le Gall Thesis and the date that the Le Gall
`
`Thesis was accessed or borrowed.
`
`8.
`
`Any agreement between the University of Houston and the Vimpat (Lacosarnide
`
`Tablets) Plaintiffs, relating to U.S. Patent Application No. 08/818,688. , including the agreement
`
`between the University of Houston and Research Corporation Technologies, Inc. referred to in
`
`the “Assignment of Patent Application” in the file history of U.S. Patent No. RE3 8,551, attached
`
`herewith as Appendix A.
`
`9.
`
`Documents sufficient to show Harold Kohn’s obligation to assign his rights, title
`
`and interest in U.S. Application No. 08/818,688, and the invention covered by the application, to
`
`the University of Houston.
`
`

`
`10.
`
`Communications between the University of Houston (or its counsel) and the
`
`Vimpat (Lacosamide Tablets) Litigation Plaintiffs (or their counsel) regarding the Vimpat
`
`(Lacosamide Tablets) Litigation.
`
`

`
`List of Parties Who Join in Subpoena
`
`Accord Healthcare, Inc., Intas Pharmaceuticals, Ltd.; Alembic Pharmaceuticals, Ltd.; Amneal
`
`Pharmaceuticals, LLC, Arnneal Pharmaceuticals ofNew York, LLC; Apotex, Inc., Apotex
`
`Corp.; Aurobindo Pharma Ltd., Aurobindo Pharma USA, Inc.; Breckenridge Pharmaceutical,
`
`Inc., Vennoot Pharmaceuticals, LLC; Hetero USA Inc., Hetero Labs Limited; Mylan
`
`Pharmaceuticals Inc., Mylan Inc.; Sandoz Inc.; Sun Pharma Global FZE, Sun Pharmaceutical
`
`Industries, Ltd.; Watson Laboratories, Inc. — Florida (n/k/a Actavis Laboratories FL, Inc.),
`
`Watson Pharma, Inc. (n/k/a Actavis Pharma, Inc.), Actavis, Inc.
`
`

`
`APPENDIX A
`
`

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`'1. Each zuvsxron agrees :Eor nausea ax‘):-a:::ie1£ and-his or: fife; "iie1:.-s,
`executors and administrdtors to atecuté afi‘y‘Eu:'l:he:':1ifiv£{'11 docunl‘ui't::’s_-.t:ha:
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