`
`A0 399 (01/09) Waiver of the Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of New Jersey
`
`
`BRACCO DIAGNOSTICS INC.
`
`Plaintifl
`V.
`
`JUBILANT DRAXIMAGE INC., ET AL.
`Defendant
`
`Civil Action No. 2: 1 8—cv—04422
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`
`To: Mark G. Davis
`
`(Name ofthe plaintifl's attorney or unrepresented plaintifi)
`
`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
`06/01/2018
`,the date when this request was sent (or 90 days if it was sent outside the
`United States), unless prior to such date, the Court grants a stay of the action If I fail to do so a defaultjudgment will
`be entered against me or the entity I represent
`‘/
`06/06/2018
`Si/gnature fthe attorney or unrepresentedparty
`
`
`Jubilant Pharma Limited
`T. Cy Walker
`Printed name ofparty waiving service ofsummons
`Printed name
`Baker Hostetler
`1050 Connecticut Ave, N.W., Suite 1100
`
`Washington, DC 20036-5304
`Address
`
`
`cwalker@bakerlaw.com
`E-mail address
`
`
`(202) 861—1688
`Telephone number
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving 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.
`
`JUBILANT EXHIBIT 1005
`Jubilant v. Bracco, IPR2018-01449
`
`1 of 3
`
`
`
`A0 399 (01/09) Waiver ofthe Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of New Jersey
`
`
`BRACCO DIAGNOSTICS INC.
`Plaintifl
`V.
`
`JUBILANT DRAXIMAGE INC., ET AL.
`Defendant
`
`)
`)
`)
`)
`)
`
`Civil Action No.
`
`2:18—cv—04422
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`
`To: Mark G. Davis
`
`(Name of the plaintiff’s attorney or unrepresentedplaintijfi
`
`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
`06/01/2018
`, the date when this request was sent (or 90 days if it was sent outside the
`United States), unless prior to such date, the Court grants a stay of the action. If I fail to do so, a default judgment will
`be entered against me or the entity I represent.
`____/
`’
`
`
`06/06/2018
`
`/ ,. /W4:
`
`Signatur ofthe attorney or unrepresentedparty
`
`
`Jubilant Life Sciences Limited
`Printed name ofparty waiving service ofsummons
`
`T. Cy Walker
`Printed name
`Baker Hostetier
`1050 Connecticut Ave, N.W., Suite 1100
`
`Washington, DC 20036-5304
`Address
`
`
`cwalker@bakeriaw.com
`E-mail address
`
`
`(202) 861—1688
`Telephone number
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 ofthe Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary 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.
`
`2 of 3
`
`
`
`
`
`A0 399 (01/09) Waiver ofthe Service of Summons
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of New Jersey
`
`
`BRACCO DIAGNOSTICS INC.
`
`Plaintzfi
`V
`
`JUBILANT DRAXIMAGE INC., ET AL.
`Defendant
`
`Civil Action No. 2: 1 8-cv—O4422
`
`WAIVER OF THE SERVICE OF SUMMONS
`
`
`To: Mark G. Davis
`
`(Name ofthe plaintifi’’s attorney or unrepresentedplaintifi?
`
`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 1 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
`06/01/2018
`, the date when this request was sent (or 90 days if it was sent outside the
`United States), unless prior to such date, the Court grants a stay of the action. If I fail to do so, a default judgment will
`
`be entered against me or the entity I represent.
`06/06/2018
`
`
`Jubilant Draxlmage Inc.
`Printed name ofparty waiving service ofsummons
`
`/ /
`/ - / geZ/W
`Signatur%attorneyorunrepresentedparty
`
`T. Cy Walker
`Printed name
`Baker Hostetler
`
`1050 Connecticut Ave, N.W., Suite 1100
`
`Washington, DC 20036-5304
`Address
`
`
`cwalker@bakerlaw.com
`E—mail address
`
`
`(202) 861—1688
`Telephone number
`
`
`Duty to Avoid Unnecessary Expenses of Serving a Summons
`
`Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving 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.
`
`3 of 3
`
`