Levi, Asher D.
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Mike—
`
`Adam LaRock <ALAROCK@skgf.com>
`Monday, March 05, 2018 4:20 PM
`Houston, Michael R.
`ARG - dymista; Meara, Joe; Dennies Varughese; Deborah Sterling; Uma Everett; Josh
`Miller; Tyler Liu
`RE: IPR2017-00807 // Dr. Carr deposition
`
`Patent Owner does not agree to produce either Dr. Accetta’s examination records (trial exhibits DTX-1 – DTX-11) or the
`expert report of Dr. Charles McCulloch. Patent Owner did not rely on these materials; and these documents are likely
`obtainable from Dr. Accetta and Dr. McCulloch directly. In fact, Petitioner has already tried to use a reproduction of one
`of Dr. Accetta’s examination records during the deposition of Dr. Carr, further suggesting that Petitioner had these
`materials available to it. In addition, Petitioner unreasonably delayed making its request as information concerning the
`existence of these materials was available to Petitioner at least as of November 2016—more than two months before its
`petition was filed. See CIP2017, 220, 332. There was no reason for Petitioner to wait until two weeks before its reply was
`due to make this request. Patent Owner also objects to Apotex providing these materials in view of Apotex’s obligations
`under the confidential litigation settlement agreement.
`
`Best regards,
`Adam
`
`Adam LaRock
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`Email: alarock@skgf.com
`Direct: 202.772.8794 Main: 202.371.2600
`
`Administrative Assistant: Renee Moore
`Direct Dial: (202) 772.8820
`
`From: MHouston@foley.com [mailto:MHouston@foley.com]
`Sent: Wednesday, February 28, 2018 2:29 PM
`To: Adam LaRock
`Cc: ARG-dymista@foley.com; JMeara@foley.com; Dennies Varughese; Deborah Sterling; Uma Everett; Josh Miller;
`TLiu@agpharm.com
`Subject: RE: IPR2017-00807 // Dr. Carr deposition
`
`No problem Adam. We’d like to suggest pushing the reply date back to the end of next week (March 9), in that case. Let
`us know.
`
`Mike
`
`From: Adam LaRock [mailto:ALAROCK@skgf.com]
`Sent: Tuesday, February 27, 2018 10:23 PM
`To: Houston, Michael R.
`Cc: ARG - dymista; Meara, Joe; Dennies Varughese; Deborah Sterling; Uma Everett; Josh Miller; Tyler Liu
`Subject: RE: IPR2017-00807 // Dr. Carr deposition
`
`Mike—
`
`1
`
`Exhibit 1158
`IPR2017-00807
`ARGENTUM
`
`000001
`
`

`

`
`We are still considering your request but need a few more days before we can respond. We hope to have an answer for
`you before the week is out.
`
`Best regards,
`Adam
`
`
`Adam LaRock
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`Email: alarock@skgf.com
`Direct: 202.772.8794 Main: 202.371.2600
`
`Administrative Assistant: Renee Moore
`Direct Dial: (202) 772.8820
`
`From: MHouston@foley.com [mailto:MHouston@foley.com]
`Sent: Tuesday, February 20, 2018 12:33 PM
`To: Adam LaRock
`Cc: ARG-dymista@foley.com; JMeara@foley.com; Dennies Varughese; Deborah Sterling; Uma Everett; Josh Miller;
`TLiu@agpharm.com; MHouston@foley.com
`Subject: RE: IPR2017-00807 // Dr. Carr deposition
`
`Adam,
`
`Pursuant to Rule 42.51(b)(2)(i), Petitioner hereby makes a formal request that Patent Owner voluntarily produce no later
`than February 28, 2018, the documents referenced during trial as exhibit numbers DTX-1 through DTX-10, all of which
`were introduced and admitted into evidence (see, e.g., Exhibit CIP2018 at 53:20-58:17). Petitioner also requests copies
`of the opening and rebuttal reports of Dr. McCulloch (see, e.g., Exhibit CIP2013 at 5). Since Patent Owner has repeatedly
`claimed that the trial was open to the public, there should be no confidentiality concerns related to these requests.
`
`To the extent you believe there are confidentiality concerns, please detail what you believe those to be, and indicate
`whether Patent Owner does or does not object to allowing Apotex to waive any confidentiality concerns it may have
`(specifically, that were Apotex to waive confidentiality and provide these documents to Argentum, that this would NOT
`constitute any violation of any terms of the settlement agreement with Apotex resulting from the litigation).
`
`Please let me know if you would like to discuss any aspect of these requests.
`
`Regards,
`
`Mike
`
`
`Michael R. Houston
`
`Foley & Lardner LLP
`321 North Clark Street | Suite 2800
`Chicago, IL 60654-5313
`P 312.832.4378
`
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