`1201 NORTH MARKET STREET
`P.O. BOX 1347
`WILMINGTON, DELAWARE 19899-1347
`
`(302) 658-9200
`(302) 658-3989 FAX
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`JACK B. BLUMENFELD
`(302) 351-9291
`jblumenfeld@mnat.com
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`September 24, 2018
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`
`The Honorable Richard G. Andrews
`United States District Court for the District of
`Delaware
`844 North King Street
`Wilmington, DE 19801
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`HIGHLY CONFIDENTIAL –
`PROTECTIVE ORDER MATERIAL
`
`FILED UNDER SEAL
`
`Re:
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`Bayer Intellectual Property GmbH v. Taro Pharmaceutical Industries, Ltd.
`C.A. No. 17-462 (RGA)
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`
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`Dear Judge Andrews:
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`I write in response to Mylan’s September 21, 2018 letter, D.I. 121, submitted in response
`to Plaintiffs’ September 18 letter, D.I. 120, concerning the recent claim construction dispute that
`has arisen between the parties.
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`Plaintiffs brought this dispute to the Court’s attention now to avoid a situation where the
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`issue is first disclosed to the Court at trial, and sought guidance as to the Court’s preference
`concerning whether to further brief the issue now, or instead to address it at trial. In its response,
`Mylan asserts that additional claim construction briefing would be “a waste of the parties’ and
`the Court’s time and resources.” D.I. 121 at 1. However, Mylan then proceeds to present
`detailed arguments with citations to case law as to why its claim construction position is correct.
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`Plaintiffs respectfully submit that either the parties should be permitted to brief the issue
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`now, or it should be addressed at trial, whichever the Court prefers. Plaintiffs wish to point out,
`however, that Mylan’s arguments concerning the claim construction issue are misplaced.
`Contrary to Mylan’s
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`MYLAN - EXHIBIT 1068
`Mylan Pharmaceuticals Inc. v. Bayer Intellectual Property GmbH
`IPR2018-01143
`
`
`
`The Honorable Richard G. Andrews
`September 24, 2018
`Page 2
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`Plaintiffs respectfully request the Court’s guidance on how to proceed. We are available
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`to discuss this issue further at the Court’s convenience.
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`Respectfully,
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`/s/ Jack B. Blumenfeld
`
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`Jack B. Blumenfeld (#1014)
`
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`JBB/bac
`
`cc:
`
`Clerk of the Court (via hand delivery)
`Counsel of Record Mylan Pharmaceuticals Inc. (via electronic mail)
`
`
`1 As the Court observed in its Markman opinion, Mylan never even responded to this argument
`in its claim construction briefing. D.I. 91 at 2 n.1.
`
`
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