I er. Natasha
`
`From:
`
`Sent:
`To:
`
`Cc:
`
`Subject:
`
`Drew,
`
`Maebius, Steve
`
`Monday, March 19, 2018 10:57 AM
`'Sommer, Andrew R.‘
`
`Mathas, Kurt A.; MNutter@winston.com; Fentress, Tesa; Iyer, Natasha; Shaun Snader;
`Doug Carsten; Rich Torczon; Bobby Delafield; Veronica Ascarrunz; Quillin, George E.
`RE: Watson Labs. v. UTC, Nos. IPR2017—01621, —01622
`
`Regarding Mr. Butler, Patent Owner agrees not to seek a deposition of Mr. Butler in relation to his existing declarations
`of record submitted with the Petition based upon your agreement below not to rely on the Butler declarations of record
`
`in reply or further papers in this proceeding.
`
`With respect to the protective order, you are correct - our version only makes formatting/minor corrections.
`
`Regards,
`
`Steve
`
`————— Original Message—————
`From: Sommer, Andrew R. [mailto:ASommer@winston.com]
`Sent: Wednesday, March 14, 2018 5:53 PM
`To: Maebius, Steve
`Cc: Mathas, Kurt A.; MNutter@winston.com; Fentress, Tesa; Iyer, Natasha; Shaun Snader; Doug Carsten; Rich Torczon;
`
`Bobby Delafield; Veronica Ascarrunz; Quillin, George E.
`Subject: RE: Watson Labs. v. UTC, Nos. IPR201701621, —01622
`
`Steve:
`
`Regarding Mr. Butler, Petitioner can agree not to rely on the declaration of record in reply or further papers in this
`proceeding.
`I presume we can agree a deposition is not needed since the parties agree that his testimony is not relevant
`to any issue on which trial was instituted.
`
`Regarding the protective order, if I am understanding the comparison you provided, there are no substantive differences
`between the standard P0 and the one you sent. There appears to be one instance in which the word "nonconfidential"
`was changed to "non—confidential" and some other small changes to formatting and the title of the document.
`If I'm
`missing something that you believe was a substantive change to the Board's default order, please let me know. If there
`are no other substantive differences, we are fine with the terms.
`
`I think that wraps up the outstanding action—items. Please let me know if you think differently.
`
`Regards,
`
`Drew
`
`Andrew R. Sommer
`Partner
`
`Winston 3: Strawn LLP
`
`WATSON LABORATORIES v- UNITED THERAPEUTICS, IPR2017-01621
`
`UNITED THERAPEUTICS, EX. 2036
`
`Page 1 of 6
`
`

`

`1700 K Street, N.W.
`
`Washington, DC 20006-3817
`D: +1 (202) 282—5896
`F: +1 {202) 282-5100
`Bio | VCard | Email
`| www.winston.com
`
`—————Original Message—————
`From: SMaebius@foley.com [mailto:SMaebius@foley.com]
`Sent: Tuesday, March 13, 2018 7:32 PM
`To: Sommer, Andrew R. <ASommer@winston.com>
`Cc: Mathas, Kurt A. <KMathas@winston.com>; Nutter, Michael K. <MNutter@winston.com>; HFentress@foley.com;
`leer@folev.com,' ssnader@unither.com; dcarsten@wsgr.com; rtorczon@wsgr.com; bdelafield @wsgr.com;
`vascarrunz@wsgr.com; GQuillin@folev.com
`Subject: Re: Watson Labs. v. UTC, Nos. |PR2017—01621, —01622
`
`Drew,
`
`All of the proposed dates/locations will work for us.
`
`Regards,
`
`Steve
`
`> On Mar 14, 2018, at 6:51 AM, Sommer, Andrew R. <ASommer@winston.com> wrote:
`
`Steve:
`
`> >
`
`> 3
`
`» Here's a further update:
`
`> >
`
`» The McDuff declaration includes public information and does not need to receive any confidential treatment.
`3»
`
`> Please let us know if these dates work for your team, along with the earlier-proposed date for Dr. Donovan.
`
`I will get back to you on the Butler issue and the protective order tomorrow.
`
`Thanks.
`
`Drew
`
`> >
`
`> >
`
`> >
`
`3»
`
`> Andrew R. Sommer
`> Partner
`
`> Winston 8: Strawn LLP
`
`> 1700 K Street, N.W.
`
`> Washington, DC 20006—3817
`3» D: +1 {202} 28275896
`
`WATSON LABORATORIES v- UNITED THERAPEUTICS, IPR2017-01621
`
`UNITED THERAPEUTICS, EX. 2036
`
`Page 2 of 6
`
`Dr. Mr. Duff can be made available on April 5th in Chicago.
`
`Dr. Bennett can be made available on March 29th for deposition in Chicago.
`
`> >
`
`> 2
`
`

`

`> F: +1 {202} 282—5100
`3 Bio | VCard | Email
`| www.winston.com
`)-
`
`> > > )
`
`- "WOriginal Message77777
`> From: SMaebius@foley.com [mailto:SMaebius@foley.com]
`> Sent: Monday, March 12, 2018 5:41 PM
`> To: Sommer, Andrew R. <ASommer@winston.com>
`> Cc: Mathas, Kurt A. <KMathas@winston.com>; Nutter, Michael K.
`> <MNutter@winston.com>; HFentress@fo|ey.com; leer@foley.com,'
`) ssnader@unither.com; dcarsten@wsgr.com; rtorczon@wsgr.com;
`> bdelafield@wsgr.com; vascarrunz@wsgr.com; GQuillin@foley.com
`> Subject: RE: Watson Labs. v. UTC, Nos. IPR2017401621, —01622
`)-
`
`> Drew,
`)-
`
`3 Attached is the protective order with tracked changes against the default protective order.
`
`Regards,
`
`Steve
`
`> )
`
`> 3
`
`> >
`
`—————Original Message—————
`3 From: Som mer, Andrew R. [mailto:ASommer@winston.com]
`> Sent: Monday, March 12, 2018 4:52 PM
`3 To: Maebius, Steve
`> Cc: Mathas, Kurt A.; MNutter@winston.com; Fentress, Tesa; Iyer, Natasha; Shaun Snader,‘ Doug Carsten; Rich Torczon;
`
`Bobby Delafield; Veronica Ascarrunz; Quillin, George E.
`> Subject: RE: Watson Labs. v. UTC, Nos. IPR2017401621, —01622
`
`> >
`
`Steve:
`
`I'm following up on several open issues:
`
`> >
`
`> >
`
`1. We have checked with Dr. Donovan. She's available for deposition on April 4th in Chicago. Please let us know if
`that works for your team. She is not available the week that you requested.
`
`2. We are checking on dates for Dr. Bennett and Dr. McDuff and expect to provide those to you soon.
`
`3. We are looking into the legend you identified on the McDuff declaration and will respond to your question soon.
`
`4. We are considering your request regarding Mr. Butler‘s declaration and will respond on those issues soon.
`
`5. Regarding your protective order requeset, please send a track change copy vs. the Board's standard order.
`
`Tha nks.
`
`Drew
`
`WATSON LABORATORIES v- UNITED THERAPEUTICS, IPR2017-01621
`
`UNITED THERAPEUTICS, EX. 2036
`
`Page 3 of 6
`
`> b
`
`> b
`
`> >
`
`> >
`
`> >
`
`> >
`
`)-
`)-
`
`

`

`> Andrew R. Sommer
`> Partner
`3- Winston & Strawn LLP
`
`> 1700 K Street, NW.
`
`3- Washington, DC 20006—3817
`> D: +1 {202} 282-5896
`s F: +1 (202) 28275100
`>Bio I VCard I Email I www.winston.com
`
`> > > > > >
`
`—————Original Message —————
`> From: SMaebius@foley.com [mailto:SMaebius@foley.com]
`> Sent: Monday, March 12, 2018 11:51 AM
`>To: Sommer, Andrew R. <ASommer@winston.com>
`>Cc: Mathas, Kurt A. <KMathas@winston.com>; Nutter, Michael K.
`> <MNutter@winston.com>; HFentress@foley.com; leer@foley.com;
`3v ssnader@unither.com,‘ dcarsten@wsgr.com; rtorczon@wsgr.com;
`> bdelafield@wsgr.com; vascarrunz@wsgr.com; GQuillin@foley.com
`> Subject: RE: Watson Labs. v. UTC, Nos. lPR2017-01621, -01622
`
`Drew,
`
`> >
`
`3»
`
`> We agree Butler is irrelevant to any instituted grounds, and if Petitioner agrees not to rely on any Declaration from
`Butler in its Reply or other papers in this IPR proceeding or the exhibits referred to in his declaration, then Patent Owner
`
`would agree not to depose him.
`3»
`
`> On a different matter, we noted that the McDuff Declaration filed in these IPRs contains a "highly confidential"
`designation, but it was filed publicly. Can you please confirm that there is no confidential info in the McDuff
`Declaration?
`
`Regards,
`
`Steve
`
`> >
`
`> >
`
`)-
`
`> —————Original Message —————
`> From: Sommer, Andrew R. [mailto:ASommer@winston.com]
`> Sent: Saturday, March 10, 2018 9:55 AM
`> To: Maebius, Steve
`
`> Cc: Mathas, Kurt A.; MNutter@winston.com; Fentress, Tesa; lyer, Natasha; Shaun Snader; Doug Carsten; Rich Torczon;
`Bobby Delafield; Veronica Ascarrunz; Quillin, George E.
`> Subject: RE: Watson Labs. v. UTC, Nos. IPR2017—01621, —01622
`
`> >
`
`Steve, I'm looking into this with our team and we will get back to you on it next week. In the meantime, can you please
`explain why you believe you need Mr. Butler's deposition? It does not strike us as being relevant to an instituted
`grounds.
`
`> :
`
`v Regards,
`
`> 3
`
`» Drew
`
`WATSON LABORATORIES v- UNITED THERAPEUTICS, IPR2017-01621
`
`UNITED THERAPEUTICS, EX. 2036
`
`Page 4 of 6
`
`

`

`)-
`
`> >
`
`———————— Original Message ————————
`> Subject: RE: Watson Labs. v. UTC, Nos. |PR2017-01621, -01622
`> From: SMaebius@foley.com
`) Date: Mar 9, 2018, 12:49 PM
`)- To: "Sommer, Andrew R." <ASommer@winston.com)
`)-
`
`3» Drew,
`)-
`
`We are writing to request deposition dates for your declarants and to discuss entering a protective order in these IPRs.
`
`> )
`
`- b
`
`)-
`)-
`)-
`
`If possible, we would like to
`> (1} We would like to take the depositions of Donovan, Butler, Bennett and McDuff.
`conduct Dr. Donovan's deposition in the last week of March. For the other three, we would like to conduct them either
`in the last week of March or the first week of April. Please let us
`
`> 3
`
`> > > >
`
`VVVVVV
`
`) Stephen B. Maebius
`)-
`
`) Foley 8: Lardner LLP
`I Suite 500
`> 3000 K Street, N.W.
`3 Washington, DC 20007-5109
`3- P 202.572.5559
`
`) >
`
`View My Bio<http:f/www.foley.com/Stephen—B—Maebius/>
`> Visit Foley.com<http://www.foley.com/>
`)- [cid:image001.jpg@01D337BS.BlSCD110]
`
`WATSON LABORATORIES v- UNITED THERAPEUTICS, IPR2017-01621
`
`UNITED THERAPEUTICS, EX. 2036
`
`Page 5 of 6
`
`know if they are available at those times.
`
`We look forward to hearing from you on these two items.
`
`Regards,
`
`Steve
`
`(2) Attached is a draft protective order we propose to use for these IPRs. It is slightly modified relative to the
`Board's default protective order and has been used in other IPRs. Please let us know if this protective order is
`acceptable on your side.
`
`> )
`
`- b >
`
`> )
`
`- > >
`
`>
`
`

`

`> > > >
`
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`the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party.
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`
`WATSON LABORATORIES v- UNITED THERAPEUTICS, IPR2017-01621
`
`UNITED THERAPEUTICS, EX. 2036
`
`Page 6 of 6
`
`