lyer, Natasha
`
`From:
`
`Sent:
`To:
`
`Cc:
`
`Subject:
`Attachments:
`
`William,
`
`Barker, Brendan F. <BBarker@winston.com>
`
`Friday, June 17, 2016 4:42 PM
`William Jackson; Mathas, Kurt A; MNutter@winston.com; Barbara E. Troyan: Tricia
`Bevelock O'Reilly; Liza M. Walsh; Joseph Linares
`Doug Carsten; Veronica Ascarrunz; Bobby Delafield; Adam Burrowbridge; Arnell, Eric;
`Kathryn Robinson; Arlene Apodaca; UTC WSGR; O'Shaughnessy, William; Patel, Ravin;
`Parikh, Amit; Leton, Margaret Saldana
`RE: UTC v. Watson Laboratories, Inc.
`Amended Schedule Chart — revised 2016 06 l7.docx
`
`Please see the attached document for Watson’s edits to your proposed amendments to the schedule. Please let us know
`
`if you would like to discuss further.
`
`Thanks,
`Brendan
`
`From: William Jackson [mailto:wjackson@BSFLLP.c0m]
`
`Sent: Friday, May 20, 2016 11:46 AM
`To: Mathas, Kurt A.,' Barker, Brendan F.,' Nutter, Michael K.; Barbara E. Troyan; Tricia Bevelock O'Reilly; Liza M. Walsh;
`Joseph Linares
`
`Cc: Carsten, Douglas; Ascarrunz, Veronica; Delafield, Bobby; Burrowbridge, Adam; Arnell, Eric; Robinson, Kathryn;
`Apodaca, Arlene; WSGR — UTC; O'Shaughnessy, William; Patel, Ravin; Parikh, Amit,‘ Leton, Margaret Saldana
`
`Subject: RE: UTC v. Watson Laboratories, Inc.
`
`Kurt:
`
`Following the email exchange we had earlier in the week, we learned yesterday that the Patent and Trademark Office
`
`will issue another patent for treprostinil administration by inhalation to United Therapeutics on June 7, 2016. Like the
`’507 patent, we believe it will be listable in the Orange Book, and we intend to list it as soon as possible. And like the
`
`’507 patent, we intend to assert it against Watson. The allegations in the further amended complaint will be similar to
`
`those in the draft amended complaint that we sent to you earlier this week.
`
`As a result, we propose that United Therapeutics waits and files an amended complaint containing both these new
`patents as soon as the second patent is listed in the Orange Book. And United Therapeutics proposes that the schedule
`
`be amended as detailed in the attachment hereto (redlines showing the additional changes to the schedule | circulated
`to you earlier in the week).
`
`We look forward to discussing these issues with you on the call at 3pm. For those who are going to participate, let's use
`
`the following dial-in:
`888-4543-4405;
`
`passcode 647017
`
`Thanks.
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR201T-D1621
`Page 1 of?
`
`

`

`William C. Jackson, Esq.
`
`BOIES, SCHILLER & FLEXNER LLP
`5301 Wisconsin Ave, N.W.
`
`Washington, D.C. 20015
`Direct: 202—237—5677
`Cell: 202-270-6622
`Fax: 202—237—6131
`
`wiacksonQbsfllgcom
`
`From: William Jackson
`
`Sent: Thursday, May 19, 2016 9:10 AM
`To: 'Mathas, Kurt A.',' Barker, Brendan F.; Nutter, Michael K.; Barbara E. Troyan; Tricia Bevelock O'Reilly; Liza M. Walsh;
`Joseph Linares
`Cc: Carsten, Douglas; Ascarrunz, Veronica; Delafield, Bobby; Burrowbridge, Adam; Arnell, Eric; Robinson, Kathryn;
`Apodaca, Arlene; WSGR — UTC; O'Shaughnessy, William; Patel, Ravin; Parikh, Amit; Leton, Margaret Saldana
`Subject: RE: UTC v. Watson Laboratories, Inc.
`
`Kurt:
`
`Considering that we have a status conference with Judge Goodman on Tuesday, we are hoping to get a letter to the
`Court by the end of the day tomorrow, which would give the Court the day on Monday to review and consider it before
`the conference.
`
`We had proposed earlier in the day, so that we could have time to work together to fashion what we hope will be a joint
`letter. But if you are not available until 3pm, we can speak then. If your schedule frees up and you can do the call earlier,
`please let us know. Thanks.
`
`William C. Jackson, Esq.
`
`BOIES, SCHILLER 8L FLEXNER LLP
`5301 Wisconsin Ave, N.W.
`
`Washington, D.C. 20015
`Direct: 202—237—5677
`
`Cell: 202—270—6622
`Fax: 202—237—6131
`
`wiacksonQbsfllgcom
`
`|mailto:KMathas@winston.com|
`From: Mathas, Kurt A.
`Sent: Thursday, May 19, 2016 9:03 AM
`To: William Jackson; Barker, Brendan F.,' Nutter, Michael K.; Barbara E. Troyan; Tricia Bevelock O'Reilly; Liza M. Walsh;
`Joseph Linares
`Cc: Carsten, Douglas; Ascarrunz, Veronica; Delafield, Bobby; Burrowbridge, Adam; Arnell, Eric; Robinson, Kathryn;
`Apodaca, Arlene; WSGR — UTC; O'Shaughnessy, William; Patel, Ravin; Parikh, Amit; Leton, Margaret Saldana
`Subject: RE: UTC v. Watson Laboratories, Inc.
`
`William,
`I am in a deposition today, but I could talk tomorrow afternoon. How about 3 Eastern?
`
`Thanks,
`Kurt
`
`Kurt Mathas
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR201T-D1621
`Page 2 of 7
`
`

`

`Winston 8a Strawn LLP
`
`D: +1 {312} 558-8329
`winstoncom
`
`WINSTON
`& STRAWNLLP
`
`From: William Jackson |mailto:wiackson@BSFLLP.com]
`Sent: Wednesday, May 18, 2016 5:16 PM
`To: Mathas, Kurt A.; Barker, Brendan F.; Nutter, Michael K.; Barbara E. Troyan; Tricia Bevelock O'Reilly; Liza M. Walsh;
`Joseph Linares
`Cc: Carsten, Douglas; Ascarrunz, Veronica; Delafield, Bobby; Burrowbridge, Adam; Arnell, Eric; Robinson, Kathryn;
`Apodaca, Arlene; WSGR - UTC; O'Shaughnessy, William; Patel, Ravin; Parikh, Amit; Leton, Margaret Saldana
`Subject: UTC v. Watson Laboratories, Inc.
`
`Ku rt:
`
`Please see enclosed patent, letter, draft amended complaint (redlinedl, and draft proposed revised schedule. We would
`like an opportunity to meet and confer with you over these issues as soon as possible, so we can address them with the
`Court at the status conference next week.
`
`Please let us know if you are available to discuss on Friday morning, or some other time tomorrow or Friday.
`
`We also note that, based on the auto-responses we received to an email earlier this afternoon, Watson’s local counsel
`may have shifted firms. Please let us know if that is the case, so we can update our files and service lists accordingly.
`Thanks.
`
`William C. Jackson, Esq.
`
`5301 Wisconsin Ave, N.W.
`
`Washington, DC. 20015
`Direct: 202-237-5677
`Cell: 202-270-6622
`Fax: 202-237-6131
`
`wiackson@bsfl|p.com
`
`The information contained in this electronic message is confidential information intended only for the use of the named
`recipientls} and may contain information that, among other protections, is the subject of attorney-client privilege,
`attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not
`the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified
`that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is
`waived. If you have received this communication in error, please immediately notify the sender by replying to this
`electronic message and then deleting this electronic message from your computer. [v.1]
`
`
`
`The contents of this message may be privileged and confidential. If this message has been received in error, please
`delete it without reading it. Your receipt of this message is not intended to waive any applicable privilege. Please do not
`disseminate this message without the permission of the author. Any tax advice contained in this email was not intended
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR201T-01621
`Page 3 of 7
`
`

`

`to be used, and cannot be used, by you (or any other taxpayer) to avoid penalties under applicable tax laws and
`regulations.
`
`The information contained in this electronic message is confidential information intended only for the use of the named
`recipient(s} and may contain information that, among other protections, is the subject of attorney-client privilege,
`attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not
`the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified
`that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is
`waived. If you have received this communication in error, please immediately notify the sender by replying to this
`electronic message and then deleting this electronic message from your computer. [v.1]
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNlTED THERAPEUTICS, IPR201?-D1621
`Page 4 of 7
`
`

`

`Amended Tyvaso Litigation Schedule
`
`
`
`H a “‘I Formatted
`
`Plaintiff file Disclosure of Asserted Claims
`for U.S. Patent No. 9,339,507 and newly
`issued patent
`
`June 4—53, 2016*
`
`Exchange Initial Disclosures for U .8. Patent
`No. 9,339,507 and newly issued patent
`
`November 25, 2015
`
`June 45%, 2016*
`
` November 25, 2015
`
`Defendant file written basis for its Invalidity
`Contentions for U.S. Patent No. 9,339,507
`and newly issued patent
`
`Defendant to provide written basis for its
`Non—Infringement Contentions for U.S. Patent
`No. 9,339,507 and newly issued patent
`
`Plaintiff to provide Disclosure of
`Infringement Contentions for U.S. Patent No.
`9,339,507 and newly issued patent
`
`l’laintil‘l‘lo provide Responses to Invalidity
`Contentions for U.S. I’atenl No. 9339,50?
`and newly issued patent
`
`December 11, 2015
`
`July—Ifiuggst 5, 2016*
`
`December 1 l, 2015
`
`Jaly—l—August 5, 2016*
`
`January 25, 2016
`
`July-EQSQQtember 2, 2016*
`
`January 25, 2016
`
`July—2:98eglember 2, 2016*
`
`Each party to serve list of claim terms (if any)
`for U.S. Patent No. 9,339,507 and newly
`issued patent
`
`February 5, 2016
`
`WSeptember 9,
`2016*
`
`Parties to meet and confer for limiting the
`terms in dispute
`
`February 15, 2016
`
`Arugtsst—l—QSeptember 16,
`2016*
`
`Parties to exchange preliminary proposed
`claim construction for U.S. Patent No.
`
`9,339,507 and newly issued patent
`
`February 19, 2016
`
`August—ZéSgptember 23,
`2016*
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNtTED THERAPEUTICS, IPR201?-D1621
`Page 5 of 7
`
`

`

`Exchange an identification 01‘ all intrinsic and
`extrinsic evidence for opposition of other
`party’s proposed construction
`
`March 11 2016
`
`September E61 2016*
`
`Parties meet and confer for preparation of
`Joint Claim Constmction and Prehearing
`Statement
`
`March 14,2016
`
`
`
`Joint Claim Construction and Prehearing
`Statement
`
`March 17. 2016
`
`SefiembeHéOctober 14,
`2016*
`
`Completion of Claim Construction Discovery
`
`April 15, 2016
`
`September—Z—SOctober 2 l,
`2016*
`
`Markman Briefs
`
`May 2, 2016
`
`October E51, 2016*
`
`Responding Markman Briefs
`
`July 1,2016
`
`90tober—21—November l l
`2016*
`
`Claim Construction Hearing for U .5. Patent
`No. 91339150? and newly issued patent
`
`[First couple weeks of
`July 26s 2015 mm?
`
`Substantial Document Production
`
`July 15, 2016
`
`September-October 16,
`2016*
`
`Amend Pleadings or Add Parties
`
`August 26, 2016 (returnable
`by September 291 2016)
`
`Completion of Fact Discovery
`
`November 30, 2016
`
`January 24g, 201?
`
`Initial Expert Reports
`
`January 16, 2017
`
`February 2—?fl, 2017
`
`Rebuttal Expert Reports
`
`February 16, 2017
`
`March 24g, 2017
`
`Reply Expert Reports
`
`March 31 2017
`
`April 141 20]?
`
`Expert Discovery Cut-off
`
`Mareh31,2017
`
`May5,2017
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNlTED THERAPEUTICS, IPR201T-01621
`Page 6 of 7
`
`

`

`Dispositive Motions
`
`AprilZl, 2017
`
`May 26, 201?
`
`Response to Dispositive Motion
`
`May 1, 2017
`
`June 9, 2017
`
`Reply to Dispositive Motion
`
`May 81 2017
`
`June 16, 2017
`
`Submit Final Pre-Tria] Order to the Court
`
`July 26, 2017
`
`August 1 1, 201'?
`
`Pro—Trial Conference
`
`August I. 2017
`
`August 15, 201?
`
`December 14, 2017
`
`Motions in Limine
`
`30-Month Stay Expires
`
`20 days prior to trial with
`opposition due 10 days
`prior to trial
`
`September 121 201':Ir September 22, 20] T
`
`* — indicates amended schedule relates only to newly issued US. Patent No. 9,339,507 and
`to the additional new patent to be issued on June 7, 2016.
`
`UNITED THERAPEUTICS, EX. 2017
`WATSON LABORATORIES V. UNlTED THERAPEUTICS, IPR201?-01621
`Page 7 of 7
`
`