`
`Paper No. ______
`Filed: March 29, 2017
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`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`MYLAN PHARMACEUTICALS INC.
`
`Petitioner
`
`v.
`
`JANSSEN ONCOLOGY, INC.
`
`Patent Owner
`____________________________
`
`Case No. IPR2016-01332
`U.S. Patent No. 8,822,438
`____________________________
`
`PETITIONER’S SECOND NOTICE OF DEPOSITION OF
`MATTHEW RETTIG, M.D.
`
`
`
`
`Pursuant to 37 C.F.R. § 42.53, Petitioner Mylan Pharmaceuticals Inc.
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`(“Petitioner”), by and through its attorneys, will conduct cross-examination by
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`deposition of Matthew Rettig, M.D. Dr. Rettig’s deposition will take place, as
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`agreed by counsel for the parties, on March 31, 2017. The deposition will
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`commence at 9:00 a.m. ET and continue from day-to-day as necessary, at the New
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`York offices of Sidley Austin LLP (787 Seventh Avenue).1
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`The deposition will be taken before a Notary Public or other officer
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`authorized by law to administer oaths. It will be recorded using audiotape and/or
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`stenographic means. Petitioners also intend to video record the cross-examination
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`of Dr. Rettig.
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`
`
`
`1 Petitioner originally noticed this deposition as occurring at the New York location
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`of Perkins Coie LLP, the law firm representing Petitioner in this proceeding,
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`following a common courtesy allowing the deposition-taking attorney’s office to
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`serve as the location of the deposition. After an email exchange and a meet and
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`confer, Patent Owner refused to produce the witness anywhere except the offices
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`of Sidley Austin LLP. Therefore, given the immediacy of the upcoming
`
`deposition, Petitioner has no choice but to notice the deposition at the only location
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`offered by Patent Owner.
`
`- 1 -
`
`
`
`March 29, 2017
`
`
`
`
`
`Respectfully submitted,
`
`/Brandon M. White/
`Brandon M. White, Esq.
`Reg. No. 52,354
`Perkins Coie LLP
`700 Thirteenth Street, N.W.
`Suite 600
`Washington, DC 20005-3960
`bmwhite@perkinscoie.com
`Tel: 202-654-6206
`Fax: 202-654-9681
`
`Counsel for Petitioner
`Mylan Pharmaceuticals Inc.
`
`- 2 -
`
`
`
`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
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`correct copy of
`
`the foregoing: PETITIONER’S SECOND NOTICE OF
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`DEPOSITION OF MATTHEW RETTIG, M.D. by email to the electronic service
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`addresses for Patent Owner:
`
`Dianne B. Elderkin
`Barbara L. Mullin
`Ruben H. Munoz
`Akin Gump Strauss Hauer & Feld LLP
`JANS-ZYTIGA@akingump.com
`
`David T. Pritikin
`Bindu Donovan
`Sidley Austin LLP
`ZytigaIPRTeam@sidley.com
`
`
`Dated: March 29, 2017
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`
`
`
`
`
`Counsel for Petitioner Mylan Pharmaceuticals Inc.
`
`
`
`
`
`
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