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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Filed: April 3, 2017
`
`
`____________________________
`
`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
`CHRISTOPHER A. VELLTURO, Ph.D.
`
`
`

`

`Pursuant to 37 C.F.R. § 42.53, Petitioner Mylan Pharmaceuticals Inc.
`
`(“Petitioner”), by and through its attorneys, will conduct cross-examination by
`
`deposition of Christopher Vellturo, Ph.D. Dr. Vellturo’s deposition will take
`
`place, as agreed by counsel for the parties, on April 5, 2017. The deposition will
`
`commence at 9:00 a.m. ET and continue from day-to-day as necessary, at the
`
`Washington, D.C. offices of Sidley Austin LLP (1501 K Street, N.W.).1
`
`The deposition will be taken before a Notary Public or other officer
`
`authorized by law to administer oaths. It will be recorded using audiotape and/or
`
`stenographic means. Petitioners also intend to video record the cross-examination
`
`of Dr. Vellturo.
`
`
`
`
`1 Petitioner originally noticed this deposition as occurring at the Washington, D.C.
`
`location of Perkins Coie LLP, the law firm representing Petitioner in this
`
`proceeding, following a common courtesy allowing
`
`the deposition-taking
`
`attorney’s office to serve as the location of the deposition. After an email
`
`exchange and a meet and confer, Patent Owner refused to produce the witness
`
`anywhere except the offices 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 offered by Patent Owner.
`
`- 1 -
`
`

`

`April 3, 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
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
`
`correct copy of
`
`the foregoing: PETITIONER’S SECOND NOTICE OF
`
`DEPOSITION OF CHRISTOPHER A. VELLTURO, Ph.D. by email to the
`
`electronic service 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: April 3, 2017
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`
`
`
`
`
`Counsel for Petitioner Mylan Pharmaceuticals Inc.
`
`
`
`
`
`

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