`
`This Settlement Agreement (“Agreement”) is entered into among the United
`
`States of America, acting through the United States Department of Justice and on behalf
`ofthe Office of Inspector General (“OIG-HHS”) ofthe Department ofHealth and Human
`
`Services (“HHS”), the Office of Personnel Management (“OPM”), which administers the
`
`|
`
`Federal Employees Health Benefits Program (““FEHBP”), and the Defense Health
`
`Agency (“DHA”), acting on behalf of the TRICARE Program,(collectively, the “United
`
`States”), Genentech, Inc. (“Genentech”) and OSI Pharmaceuticals, LLC (together
`
`referred to as “Defendants”), and Brian Shields (“Relator’’) (hereinafter collectively
`
`referred to as “the Parties”), through their authorized representatives.
`
`RECITALS
`
`A.
`Genentech is a Delaware corporation with its principal place of business in
`South San Francisco. OSI Pharmaceuticals, Inc. was a Delaware corporation with its
`
`principal place of business in New York. In June 2010, OSI Pharmaceuticals, Inc. was
`
`acquired by Astellas US Holding, Inc. and, in March 2011, was converted to a Delaware
`
`limited liability company, OSI Pharmaceuticals LLC (“OSI”). Defendants manufactured,
`
`distributed, marketed, and promoted an oncology drug sold under the trade name
`
`Tarceva. Tarceva is approved by the U.S. Food and Drug Administration (“FDA”) for
`
`multiple indications, including for the treatment of patients with “locally advanced or
`
`metastatic non-small cell lung cancerafter failure of at least one prior chemotherapy
`
`regimen.”
`
`B.
`
`On February 22, 2011, Relator filed a gui tam action pursuantto the
`
`provisions of the False Claims Act, 31 U.S.C. § 3730(b), and variousstate false claims
`
`APOTEX EX. 1045-001
`
`APOTEX EX. 1045-001
`
`
`
`act statutes, in the United States District Court for the Northern District of California,
`
`Case Number CV 11-0822 MEJ, captioned United States etal. ex rel. Brian Shieldsv.
`
`Genentech, Inc., et al., which was later amended on May 16, 2011 and again on
`
`September 29, 2011 (hereinafter “the Civil Action”).
`
`C.
`The United States alleges that Defendants caused to be submitted claims
`for payment to the Medicare Proram (“Medicare”), Title XVIII ofthe Social Security
`
`Act, 42 U.S.C. §§ 1395-1395kkk-1; the TRICARE Program (“TRICARE”), 10 U.S.C. §§
`
`1071-1110b; the FEHBP,5 U.S.C. §§ 8901-8914; and the Medicaid Program
`
`(“Medicaid”), 42 U.S.C. §§ 1396-1396w-5 (collectively the “Federal Health Care
`Programs”).
`|
`
`D.
`
`Tarceva treats non-small cell lung cancer (“NSCLC”) by targeting the
`
`epidermal growth factor receptor (“EGFR”) in cancerouscells. In 2013, the FDA
`
`approved Tarcevato treat patients with certain EGFR mutations“first line”- i.e., before
`
`the failure of at least one prior chemotherapy regimen. One measureofhealth status of
`
`NSCLCpatients may be expressed in terms of performancestatus (“PS”) on the Eastern
`
`Cooperative Oncology Group (“ECOG”) performancestatus scale, with the healthiest
`
`patients classified as ECOG PS0 or 1.
`E.
`The United States contendsthat it has certain civilclaims against
`
`Defendants arising from their distribution, marketing, and sale of Tarceva for NSCLC
`
`from 2006 through 2011:
`
`Defendants made misleading representations to physicians and other health care
`
`providers about Tarceva’s effectivenessto treat certain NSCLC patients when there was
`
`little evidence to show that Tarceva waseffective, unless the patients also had an EFGR
`
`APOTEX EX. 1045-002
`
`APOTEX EX. 1045-002
`
`
`
`mutation or unless they had never smoked. As a result, Defendants knowingly caused
`
`false or fraudulent claims for Tarceva to be submitted to, or caused purchases by, Federal
`
`Health Care Programs for Tarceva to treat NSCLC, asa first line of therapy, in current or
`
`former smokersclassified as ECOG PS0 or 1 who did not have a known EFGR
`
`mutation, when suchfirst line use was not approved by the FDA,wasnot a medically
`accepted indication as defined by 42 U.S.C. § 1396r-8(k)(6), or was not covered by the
`
`United States and state Medicaid programs. That conductis referred to below as the
`
`“Covered Conduct.”
`
`F,
`
`Defendants have entered into, or will enter into, separate settlement
`
`agreements, described in Paragraph 1b below, with certain states in settlement of the
`
`Covered Conduct (hereinafter referred to as the “Medicaid State Settlement
`
`Agreements”), States with which Defendants execute a Medicaid State Settlement
`
`Agreementshall be referred to as “Medicaid Participating States.”
`
`G.
`
`This Settlement Agreement is made in compromise of disputed claims.
`
`‘This Agreementis neither an admission ofliability by Defendants nor a concession by
`
`the United States that its claims are not well founded.
`
`H.
`
`Relator claims entitlement under 31 U.S.C. § 3730(d) to a share of the
`
`proceedsof this Agreement and to Relator’s reasonable expenses, attorneys’ fees, and
`
`costs.
`
`To avoid the delay, uncertainty, inconvenience, and expense of protracted
`
`litigation of the above claims, and in consideration of the mutual promises and
`
`obligations of this Agreement, the Parties agree and covenant as follows:
`
`APOTEX EX. 1045-003
`
`APOTEX EX. 1045-003
`
`
`
`TERMS AND CONDITIONS
`
`Defendants collectively shall pay to the United States and the Medicaid
`1.
`Participating States, the sum of Sixty-Seven Million Dollars ($67,000,000.00), plus
`
`interest at the rate of 2.125 percent per annum from November 19, 2015, and continuing
`
`until and including the date of payment (the “Settlement Amount”), pursuant to the
`
`following terms:
`
`(a)
`
`Defendants collectively shall pay to the Medicaid Participating
`
`States the sum of $4,355,000, plus interest at the rate of 2.125 percent per annum from
`
`November 19, 2015, and continuing until and including the date of payment(the
`
`“Medicaid State Settlement Amount”). The Medicaid State Settlement Amountshall be
`
`paid by electronic funds transfer pursuant to written instructions from the National
`
`Association of Medicaid Fraud Control Units (“(NAMFCU”) under the terms and
`
`conditions of the Medicaid State Settlement Agreements that Defendants will enter into
`
`with the Medicaid Participating States.
`(b)
`Defendants collectively shall pay to the United States the sum of
`
`$62,645,000, plus accrued interest at the rate of 2.125 percent per annum from November
`
`19, 2015, and continuing until and including the date of paymentas set forth above (the
`“Federal Settlement Amount”). The Federal Settlement Amountshall be paid by
`
`electronic funds transfer no later than seven (7) business daysafter the Effective Date of
`
`this Agreement pursuant to written instructions from the Civil Division of the United
`
`States Department of Justice.
`
`APOTEX EX. 1045-004
`
`APOTEX EX. 1045-004
`
`
`
`2.
`
`Conditioned upon the United States receiving the full Federal Settlement
`
`Amount from Defendants, and as soon as feasible after receipt, the United States shall
`pay $10,649,650 to Relator by electronic funds transfer.
`
`3,
`Subject to the exceptions in Paragraph 8 (concerning excluded claims)
`below, and conditioned upon Defendants’ full payment ofthe Settlement Amount, the
`United States releases each Defendant together with its current and former direct and
`
`|
`
`!
`
`indirect parent corporation and limitedliability companies(“Parents”); its and their
`
`affiliates, direct and indirect subsidiaries, brother and sister corporations, and divisions;
`
`and its and their respective current and former owners; and the predecessors, successors,
`
`transferees and assigns of any of them, from anycivil or administrative monetary claim
`
`the United States has for the Covered Conduct under the False Claims Act, 31 U.S.C. §§
`
`3729-3733; the Civil Monetary Penalties Law, 42 U.S.C. § 1320a-7a; the Program Fraud
`
`Civil Remedies Act, 31 U.S.C. §§ 3801-3812; any statutory provision creating a cause of
`
`action for civil damages or civil penalties which the Civil Division of the Department of
`Justice has actual or present authority to assert and compromise pursuant to under 28
`
`C.F.R. Pt. 0, SubpartI, 0.45(d); or the commonlaw theories for fraud, payment by
`
`mistake, and unjust enrichment.
`
`4,
`
`Conditioned upon Defendants’ full paymentof the Settlement Amount,
`
`Relator, for himself and for his heirs, successors, attorneys, agents, and assigns, releases,
`
`each Defendant together with its current and former Parents;its and their affiliates, direct
`
`and indirect subsidiaries, brother and sister corporations, and divisions; and its and their
`
`respective current and former owners,officers, directors, employees, and agents,
`
`individually or collectively; and the predecessors, successors, transferees and assigns of
`
`APOTEX EX. 1045-005
`
`APOTEX EX. 1045-005
`
`
`
`any of them from any civil monetary claim he has or may have on behalf of the United
`States for the Covered Conduct under the False Claims Act, 31 U.S.C. §§ 3729-3733 and
`
`from any andall claimsfor relief, actions, rights, causes of action, suits, debts,
`
`obligations,liabilities, demands, losses, damages (including treble damages and any civil
`penalties), punitive damages, costs and expenses of any kind, character, or nature
`
`whatsoever, whether known or unknown,fixed or contingent, in law or in equity, in
`
`contract or in tort, under any federal or state statute or regulation, or in commonlaw,that
`
`Relator, his heirs, successors, attorneys, agents and assigns otherwise would have
`
`- standing to bring, including but not limited to any liability to Relator arising from or
`
`relating to the claims Relator asserted or could have asserted in the Civil Action, with the
`
`following exception: Relator and Relator’s counsel do not release Defendants or related
`
`entities for Relator’s claims for reasonable attorneys’ fees, expenses, and costs pursuant
`
`to 31 U.S.C. § 3730(d)(1); and/orretaliation claims under any state and/or federal law,
`
`‘including 31 U.S.C. § 3730(h) asserted in CountsIII, IV, V, and VI in Relator’s Second
`
`Amended False Claims Act Complaint.
`
`5.
`OIG-HHSexpressly reserves all rights to institute, direct, or to maintain
`any administrative action seeking exclusion against Defendants and/ortheirofficers,
`directors, and employees from Medicare, Medicaid, and all other Federal health care
`
`programs(as defined in 42 U.S.C.§ 1320a-7b(f)) under 42 U.S.C. § 1320a-7(a)
`
`(mandatory exclusion), or 42 U.S.C. § 1320a-7(b) or 42 U.S.C. § 1320a-7a (permissive.
`
`exclusion).
`6.
`
`DHAexpressly reserves authority to exclude Defendants from the
`
`TRICAREProgram under 32 C.F.R. §§ 199.9 (O(1)()(A), (H(L)@(B), and (f(1)Gi).
`
`APOTEX EX. 1045-006
`
`APOTEX EX. 1045-006
`
`
`
`7,
`
`OPM expressly reservesall rights to institute, direct, or to maintain any
`
`administrative action seeking debarment against Defendants from the FEHBP under 5
`USC. § 8902a(b) (mandatory debarment), or (c) and (d) (permissive debarment).
`
`8.
`
`Notwithstanding the releases given in Paragraphs 3 of this Agreement,or ~
`
`any other term of this Agreement, the following claims of the United States are
`
`specifically reserved and are not released:
`
`a,
`
`b.
`
`c.
`
`d.
`
`e,
`
`f.
`
`g.
`
`h.
`
`i.
`
`Anyliability arising under Title 26, U.S. Code (Internal Revenue
`Code);
`|
`
`Any criminalliability;
`
`Except as explicitly stated in this Agreement, any administrative
`
`liability, including mandatory or permissive exclusion from
`
`Federal health care programs;
`
`Anyliability to the United States (or its agencies) for any conduct
`
`other than the Covered Conduct;
`
`Anyliability based upon obligations created by this Agreement;
`
`Anyliability for express or implied warranty claims or other
`
`claims for defective or deficient products or services, including
`
`quality of goods and services;
`
`Anyliability for personal injury or property damageorfor other
`
`consequential damagesarising from the Covered Conduct;
`
`Anyliability of individuals; or
`
`Anyliability for failure to deliver goods or services due.
`
`|
`
`|
`
`
`
`APOTEX EX. 1045-007
`
`APOTEX EX. 1045-007
`
`
`
`9,
`
`Relator and his heirs, successors, attorneys, agents, and assigns shall not
`
`object to this Agreement but agree and confirm that this Agreementis fair, adequate, and
`
`reasonable underall the circumstances, pursuant to 31 U.S.C. § 3730(c)(2)(B), and
`
`expressly waive the opportunity for a hearing on any objection to this Agreement
`
`pursuant to 31 U.S.C. § 3730(c)(2)(B). Conditioned upon Relator’s receipt of the
`
`payment described in Paragraph 2 above, Relator and his heirs, successors, attorneys,
`
`agents, and assigns fully andfinally release, waive, and forever discharge the United
`
`States, its agencies, officers, agents, employees, and servants, from any claimsarising
`
`from the filing of the Civil Action or under 31 U.S.C. § 3730, and from any claims to a
`
`share ofthe proceeds of this Agreement and/or the Civil Action.
`
`10.
`
`Each Defendant waives and shall not assert any defenses it may have to
`
`any criminal prosecution or administrative action relating to the Covered Conductthat
`
`may be based in wholeorin part on a contention that, under the Double Jeopardy Clause
`
`in the Fifth Amendmentofthe Constitution, or under the Excessive Fines Clause in the
`
`Eighth Amendmentof the Constitution, this Agreement bars a remedy sought in such
`
`criminal prosecution or administrative action. Nothing in this Paragraph or any other
`
`provision of this Agreement constitutes an agreement by the United States concerning the
`
`characterization of the Settlement Amount for purposes of the Internal Revenue laws,
`
`Title 26 of the United States Code.
`
`11. Each Defendantfully andfinally releases the United States, itsagencies,
`
`officers, agents, employees, and servants, from any claims (including attorney’s fees,
`
`costs, and expenses of every kind and however denominated) that it asserted, could have
`
`asserted, or may assert in the future against the United States, its agencies, officers,
`
`APOTEX EX. 1045-008
`
`APOTEX EX. 1045-008
`
`
`
`agents, employees, and servants, related to the Covered Conduct and the United States’
`
`investigation and prosecution thereof.
`12.
` Inconsideration ofthe obligations ofthe Relator set forth in this
`
`Agreement, each Defendant, together with its current and former Parents; its and their
`
`affiliates, direct and indirect subsidiaries, brother and sister corporations, and divisions,
`
`fully and finally releases, waives, and forever discharges Relator andhisheirs,
`successors, attorneys, agents, and assigns from any claimsor allegations it has asserted or
`
`could haveasserted arising from related to the initiation, investigation, and/or prosecution
`
`of the Civil Action by the Relator or his attorneys; provided, however, Defendants
`reserve any defenses or claimsas to Relator’s or Relator’s counsel’s claims for
`
`reasonable attorneys’ fees, expenses and costs resulting from the Civil Action pursuantto
`
`31 U.S.C. § 3730(d), orfor retaliation claims under any state and/or federal law,
`
`including 31 U.S.C. § 3730(h) asserted in Counts II, IV, V, and VI in Relator’s Second
`
`Amended False Claims Act Complaint, which are reserved pursuant to Paragraph 4
`
`above.
`
`13.
`
`The Settlement Amountshall not be decreased as a result of the denial of
`
`claims for payment now being withheld from payment by any Medicare contractor(e.g.,
`
`Medicare Administrative Contractor, fiscal intermediary, carrier), TRICARE or FEHBP
`cartier or payer, or any state payer(including any Medicaid contractor, fiscal
`
`intermediary, or carrier), related to the Covered Conduct; and each Defendant agrees not
`
`to resubmit to any Medicare contractor, TRICARE or FEHBPcarrier or payer or any
`
`state payer any previously denied claimsrelated to the Covered Conduct, and agrees not
`
`to appeal any such denials of claims.
`
`APOTEX EX. 1045-009
`
`APOTEX EX. 1045-009
`
`
`
`14.
`
`Each Defendantagreesto the following:
`
`a,
`
`Unallowable Costs Defined: All costs (as defined in the Federal
`
`Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVII and XIX of the
`
`Social Security Act, 42 U.S.C. §§ 1395-1395kkk-1 and 1396-1396w-5; and the
`
`regulations and official program directives promulgated thereunder) incurred by or on
`
`behalf of each Defendant, its present or former officers, directors, employees,
`
`shareholders, and agents in connection with:
`
`(1)
`
`(2)
`
`the matters covered by this Agreement;
`
`the United States’ audit(s) and civil and criminal
`
`investigation(s) of the matters covered bythis
`
`Agreement;
`
`(3)
`
`that Defendant’s investigation, defense, and
`
`corrective actions undertaken in response to the
`
`United States’ audit(s) and civil and criminal
`
`investigation(s) in connection with the matters
`
`covered by this Agreement (including attorney’s
`
`fees);
`
`(4)
`
`the negotiation and performance of this Agreement;
`
`and
`
`(3)
`
`__the payment each Defendant makes to the United
`
`States pursuant to this Agreement and any payments
`
`that Defendants may maketo Relator, including
`
`costs and attorney’s fees
`
`10
`
`APOTEX EX. 1045-010
`
`APOTEX EX. 1045-010
`
`
`
`are unallowable costs for government contracting purposes and under the Medicare
`
`Program, Medicaid Program, TRICARE Program, and FEHBP(hereinafter referred to as
`
`Unallowable Costs).
`
`b.
`
`Future Treatment of Unallowable Costs: Unallowable Costs shall be
`
`separately determined and accounted for by each Defendant, and each Defendantshall
`not charge such Unallowable Costs directly orindirectly to any contracts with the United
`
`States or any state Medicaid program, or seek payment for such Unallowable Costs
`
`through any cost report, cost statement, information statement, or payment request
`
`submitted byits or any of its subsidiaries or affiliates to the Medicare, Medicaid,
`
`TRICARE, or FEHBP Programs.
`
`C.
`
`Treatment of Unallowable Costs Previously Submitted for Payment: Each
`
`Defendant further agrees that within 90 days of the Effective Date of this Agreement it
`
`shall identify to applicable Medicare and TRICAREfiscal intermediaries, carriers, and/or
`
`contractors, and Medicaid, and FEHBPfiscal agents, any Unallowable Costs (as defined
`
`in this Paragraph) included in payments previously sought from the United States, or any
`
`state Medicaid program,including, but not limited to, payments sought in anycost
`
`reports, cost statements, information reports, or payment requests already submitted by it
`
`or any of its subsidiaries or affiliates, and shall request, and agree, that such costreports,
`
`cost statements, information reports, or payment requests, even if already settled, be
`adjusted to accountfor the effect oftheinclusion.ofthe Unallowable Costs. Each
`
`Defendant agrees that the United States, at a minimum,shall be entitled to recoup from it
`
`any overpaymentplus applicable interest and penalties as a result of the inclusion of such
`
`11
`
`APOTEX EX. 1045-011
`
`APOTEX EX. 1045-011
`
`
`
`Unallowable Costs on previously-submitted cost reports, information reports, cost
`
`statements, or requests for payment.
`
`Any payments due after the adjustments have been madeshall be paid to the
`
`United States pursuant to the direction of the Department of Justice and/or the affected
`agencies. The United States reserves its rights to disagree with any calculations
`submitted by either Defendant or any ofits subsidiaries ot affiliates on the effect of
`
`inclusion of Unallowable Costs (as defined in this Paragraph) on that Defendantor any of
`
`its subsidiaries or affiliates’ cost reports, cost statements, or information reports.
`
`d.
`
`Nothing in this Agreementshall constitute a waiverofthe rights of the
`
`United States to audit, examine, or re-examine either Defendant’s books and records to
`
`determine that no Unallowable Costs have been claimed in accordance with the
`
`provisions of this Paragraph.
`15.
`Each Defendant agrees to cooperate fully and truthfully with the United
`
`States’ investigation of individuals not released in this Agreement, including, but not
`
`limited to, any administrative, civil, and/or criminal investigation regarding the marketing
`
`of Tarceva. More specifically, upon reasonable notice, each Defendant shall encourage,
`
`and agree not to impair, the cooperation ofits directors, officers, and employees, and
`shall use its best efforts to make available, and encourage, the cooperation of former
`
`directors, officers, and employees for interviews and testimony, consistent with the rights
`
`and privileges of such individuals. EachDefendant further agrees to furnish to the _
`
`United States, upon request, complete and unredacted copies of all non-privileged
`
`documents, reports, memoranda of interviews, and recordsin its possession, custody, or
`
`12
`
`APOTEX EX. 1045-012
`
`APOTEX EX. 1045-012
`
`
`
`control concerning any investigation ofthe Covered Conductthat it has undertaken, or
`
`that has been performed by anotheronits behalf.
`16.
`This Agreement is intended to be for the benefit ofthe Parties only. The
`
`|
`
`Parties do not release any claims against any other person orentity, except to the extent
`
`provided for in Paragraphs 3, 4, and 17 (waiver for beneficiaries paragraph), below.
`
`17.
`
`Each Defendant agrees that it waives and shall not seek payment for any
`
`of the health care billings covered by this Agreement from any health care beneficiaries
`
`or its parents, sponsors, legally responsible individuals, or third party payors based upon
`
`the claims defined as Covered Conduct.
`
`18.|Upon receipt of the payments described in Paragraph 1, above, the United
`
`States and the Relator shall within (7) business days makeall necessary filings to seek
`
`- dismissalofclaimsin the Civil Action against Defendants pursuant to Rule 41(a)(1). As
`
`to the United States, the action will be dismissed with prejudice as to the Covered
`
`Conduct released in the Settlement Agreement, and without prejudice as to any other
`
`claims. As to the Relator, the action will be dismissed with prejudice as to all claims
`
`exceptfor those not released in Paragraph 4.
`
`19.
`
`Each Party shall bear its ownlegal and other costs incurred in connection
`
`with this matter, including the preparation and performance of this Agreement.
`
`20.
`
`Each Party andsignatory to this Agreement represents that it freely and
`
`_ voluntarily enters into this Agreement without any degree of duress or compulsion.
`
`21.
`
`This Agreement is governed by the laws of the United States. The
`
`exclusive jurisdiction and venue for any dispute relating to this Agreementis the United
`
`States District Court for the Northern District of California. For purposes of construing
`
`13
`
`APOTEX EX. 1045-013
`
`APOTEX EX. 1045-013
`
`
`
`this Agreement, this Agreement shall be deemedto have been drafted by all Parties to
`this Agreementand shall not, therefore, be construed against any Party for that reason in
`
`any subsequent dispute.
`22.
`This Agreement constitutes the complete agreement among the Parties
`with respect to theissues covered bythis Agreement, This Agreement may not be
`
`amended except by written consent of the Parties.
`
`23.
`
`The undersigned counsel represent and warrant that they are fully
`
`authorized to execute this Agreement on behalf of the persons and entities indicated
`
`below.
`
`24.
`
`This Agreement may be executed in counterparts, each of which
`
`constitutes an original and all of which constitute one and the same Agreement.
`
`25,
`
`This Agreement is binding on each Defendant’s successors, transferees,
`
`heirs, and assigns.
`
`26.
`
`This Agreement is binding on Relator’s successors, transferees, heirs, and
`
`assigns.
`
`27.
`
`All Parties consentto the United States’ disclosure of this Agreement, and
`
`information about this Agreement, to the public.
`
`28.
`This Agreementis effective on the date ofsignature of the last signatory to
`the Agreement (“Effective Date ofthis Agreement”). Facsimiles and electronic copies of
`
`__signatures shall constituteacceptable,binding signaturesforpurposes ofthis Agreement._
`
`14
`
`APOTEX EX. 1045-014
`
`APOTEX EX. 1045-014
`
`
`
`THE UNITED STATES OF AMERICA
`
`BRIAN J. STRETCH
`United States Attorney for the
`Northern District of California
`
`DATED: 3:°Z7- % BY:
`
`
`
`~ Assistant United States Attorney
`
`DATED:
`
`BY:
`
`JENNIFER CIHON
`Trial Attorney
`Commercial Litigation Branch
`Civil Division
`United States Department ofJustice
`
`15
`
`APOTEX EX. 1045-015
`
`APOTEX EX. 1045-015
`
`
`
`THE UNITED STATES OF AMERICA
`
`BRIAN J. STRETCH
`United States Attorneyfor the
`Northern District of California
`
`‘
`
`DATED: Bae
`ILA C, DEISS
`Assistant United States Attorney
`
` DATED: (y-3~-\% By: _
`
`
`ASENNIFER CIHON |
`Trial Attorney
`Commercial Litigation Branch
`Civil Division
`United States Department ofJustice
`
`APOTEX EX. 1045-016
`
`
`
`APOTEX EX. 1045-016
`
`
`
`DATED: 4lzyiL
`
`BY:
`
`ROBERTK, DECONTI
`Assistant Inspector General for Legal Affairs
`Office of Counsel to the Inspector General
`Office of Inspector General
`United States Department of
`Health and Human Services
`
`DATED:
`
`BY:
`
`BRYAN T, WHEELER
`Acting General Counsel
`Defense Health Agency
`United States Department of Defense
`
`_
`
`_ DATED:
`
`BY:
`
`
`
`ALAN P. SPIELMAN
`Assistant Director for
`Federal Employee Insurance Operations
`United States Office of Personnel Management
`
`
`
`16
`
`APOTEX EX. 1045-017
`
`APOTEX EX. 1045-017
`
`
`
`DATED:
`
`BY:
`
`ROBERTK. DECONTI
`Assistant Inspector General for Legal Affairs
`Office of Counsel to the Inspector General
`Office of Inspector General
`United States Department of
`Health and HumanServices
`
` patep: 4/6/IU
`
`BY:
`
`BRYAN T. WHEELER
`Activg General Counsel
`Defense Health Agency
`United States Department of Defense
`
`DATED:
`
`BY:
`
`ALANP, SPIELMAN
`Assistant Director of the
`Federal Employee Insurance Operations
`United States Office of Personnel Management
`
`16
`
`APOTEX EX. 1045-018
`
`APOTEX EX. 1045-018
`
`
`
`DATED:
`
`ROBERTK. DECONTI
`Assistant Inspector General for Legal Affairs
`Office of Counsel to the Inspector General
`Office of Inspector General
`United States Department of
`Health and HumanServices
`
`DATED:
`
`
`
`BY:
`
`BRYAN T. WHEELER
`Acting General Counsel
`Defense Health Agency
`United States Department of Defense
`
`DATED:
`
`BY:
`
`"ALANP.Wr?Srubonor
`
`Assistant Director of the
`Federal Employee Insurance Operations
`United States Office of Personnel Management
`
`16
`
`APOTEX EX. 1045-019
`
`APOTEX EX. 1045-019
`
`
`
`
`
`GENENTECH, INC,
`
`
`
`sonnGelte wMeLECA
`
`PAUL E. KALB
`DAVID ANDERSON
`JOSHUA HILL
`
`DATED:
`
`BY:
`
`HANNAH WILLIAMS
`
`Counsel for Genentech, Inc.
`
`OSI PHARMACEUTICALS, LLC
`
`DATED:
`
`BY:
`
`MATTHEW O’CONNOR
`GEOFFREY HOBART
`SARAH FRANKLIN
`
`Counsel for OSI Pharmaceuticals, LLC
`
`DATED:
`
`BY:
`
`LINDA FRIEDMAN
`Secretary, OSI Pharmaceuticals, LLC
`
`17
`
`APOTEX EX. 1045-020
`
`APOTEX EX. 1045-020
`
`
`
`
`
`
`
`GENENTECH, INC.
`
`DATED:
`
`BY:
`PAUL E. KALB
`DAVID ANDERSON
`JOSHUAHILL
`
`DATED: L, b |b
`
`BY:
`
`HANNAH WILLIAMS
`
`Counsel for Genentech,Inc.
`
`OSI PHARMACEUTICALS, LLC
`
`DATED:
`
`BY:
`
`MATTHEW O’CONNOR
`GEOFFREY HOBART
`. SARAH FRANKLIN
`
`| Counsel for OSI Pharmaceuticals, LLC
`
`DATED:
`
`BY:
`
`LINDA FRIEDMAN
`Secretary, OSI Pharmaceuticals, LLC
`
`17
`
`APOTEX EX. 1045-021
`
`APOTEX EX. 1045-021
`
`
`
`GENENTECH,INC.
`
`PAUL E. KALB
`DAVID ANDERSON
`JOSHUA HILL
`
`DATED:
`
`BY:
`
`DATED:
`
`BY:
`
`HANNAH WILLIAMS
`
`Counsel for Genentech,Inc.
`
`OSI PHARMACEUTICALS, LLC
`
`
`
`
`
`
`/ hephSranhl
`DATED: 6/[lb
`BY:
`ShAaRt Fravthh.
`
`~ MATTHEW O’CONNOR
`GEOFFREY HOBART
`SARAH FRANKLIN
`
`Counsel for OSI Pharmaceuticals, LLC
`
`paTep: 2/Cdlb py: Muae J _
`
`o
`
`f
`
`LINDA FRIEDMAN
`Secretary, OSI Pharmaceuticals, LLC
`
`17
`
`APOTEX EX. 1045-022
`
`APOTEX EX. 1045-022
`
`
`
`RELATOR.
`
`DATED: nc
`
`BRIAN SHIELDS
`Relator
`
`patep:4i[21]20Zan
`
`tutWa ae
`
`
`KEN NOLAN
`MARCELLA AUERBACH
`JEB WHITE
`Nolan Auerbach & White
`
`Counsel for Relator
`
`18
`
`APOTEX EX. 1045-023
`
`APOTEX EX. 1045-023
`
`
`
`
`
`we
`
`DATED: Ti ZS,{2016
`
`
`
`ge
`Pf Ul
`BRIAN SHIELDS -
`Relator
`
`SE
`
`DATED:
`
`
`
`KEN NOLAN
`MARCELLA AUERBACH
`JEB- WHITE
`Nolan Auerbach & White
`
`Counsel for Relator
`
`
`
`APOTEX EX.'1045-024.
`
`APOTEX EX. 1045-024
`
`