`
`AO 399 (01/09) Waiver of the Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`NOVARTIS PHARMACEUTICALS
`CORPORATION and NOV ARTIS AG,
`
`Plaintiff
`v.
`ROXANE LABORATORIES, INC.
`Defendant
`
`)
`)
`)
`)
`)
`
`Civil Action No. 1: 15-cv-004 7 4-RGA
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`To:
`
`Daniel M. Silver, Esq.
`~--------~----------------
`(Name of the plaintiff's attorney or unrepresented plaintiff)
`
`I have received your request to waive service of a summons in this action along with a copy of the complaint,
`two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
`
`I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
`
`I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's
`jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
`
`I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
`60 days from
`6/23/2015
`, the date when this reques was sent ( 90 days if i
`utside the
`United States). If I fail to do so, a default judgment will be entered aga ·
`entity Ire
`
`Date:
`
`7/20/15
`
`ROXANE LABORATORIES, INC.
`Printed name of party waiving service of summons
`
`Printed name
`
`1313 N. Market Street, Wilmington DE 19899
`. - - - - - - - - - - - - -
`
`Address
`
`bpalapura@potteranderson.com
`
`E-mail address
`302-984-6000
`
`Telephone number
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessmy expenses of serving a summons
`and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
`the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
`
`"Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
`no jurisdiction over this matter or over the defendant or the defendant's property.
`
`If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
`a summons or of service.
`
`If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
`and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
`
`Roxane Labs., Inc.
`Exhibit 1041
`Page 001