`DISTRICT OF NEW JERSEY
`SANOFI-AVENTIS U.S. LLC, et
`al.,
`
`Plaintiffs,
`
`vs.
`MYLAN N.V., et al.,
`Defendants.
`
`Case No. 17-cv-09105
`Newark, New Jersey
`August 2, 2018
`
`..........
`
`TRANSCRIPT OF TELECONFERENCE
`BEFORE THE HONORABLE CATHY L. WALDOR
`UNITED STATES MAGISTRATE JUDGE
`
`APPEARANCES:
`For the Plaintiffs:
`
`LIZA M. WALSH, ESQ.
`Walsh Pizzi O'Reilly Falanga LLP
`One Riverfront Plaza
`1037 Raymond Blvd., 6th Floor
`Newark, NJ 07102
`(973) 757-1100
`lwalsh@thewalshfirm.com
`KATELYN O'REILLY, ESQ.
`Walsh Pizzi O'Reilly Falanga LLP
`One Riverfront Plaza
`1037 Raymond Boulevard, 6th Floor
`Newark, NJ 07102
`(973) 757-1100
`koreilly@thewalshfirm.com
`
`Audio Operator:
`Transcription Service:
`
`KING TRANSCRIPTION SERVICES
`3 South Corporate Drive, Suite 203
`Riverdale, NJ 07457
`(973) 237-6080
`Proceedings recorded by electronic sound recording; transcript
`produced by transcription service.
`
`Sanofi Exhibit 2022.001
`Mylan v. Sanofi
`IPR2018-01675
`
`
`
`(APPEARANCES continued)
`
`2
`
`For the Plaintiffs:
`
`CHRISTINE INTROMASSO GANNON, ESQ.
`Walsh Pizzi O'Reilly Falanga LLP
`One Riverfront Plaza
`1037 Raymond Blvd.
`6th Floor
`Newark, NJ 07102
`(973) 757-1100
`cgannon@thewalshfirm.com
`ELIZABETH STOTLAND WEISWASSER, ESQ.
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153-0119
`(212) 310-8022
`elizabeth.weiswasser@weil.com
`ROBERT T. VLASIS III, ESQ.
`Weil, Gotshal & Manges LLP
`2001 M Street, NW, Suite 600
`Washington, DC 20036
`(202) 682-7024
`robert.vlasis@weil.com
`SUTTON ANSLEY, ESQ.
`Weil, Gotshal & Manges LLP
`2001 M Street, NW, Suite 600
`Washington, DC 20036
`(202) 682-7018
`sutton.ansley@weil.com
`Also Present: Stephanie Donahue
`(Sanofi)
`
`For the Defendants:
`
`ARNOLD B. CALMANN, ESQ.
`Saiber LLC
`One Gateway Center
`10th Floor
`Newark, NJ 07102-5311
`(973) 622-3333
`Abc@saiber.com
`
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`Sanofi Exhibit 2022.002
`Mylan v. Sanofi
`IPR2018-01675
`
`
`
`3
`
`(APPEARANCES continued)
`
`For the Defendants:
`KATHERINE ANN ESCANLAR, ESQ.
`Saiber LLC
`One Gateway Center
`10th Floor
`Newark, NJ 07102-5311
`(973) 622-3333
`kae@saiber.com
`DOUGLAS CARSTEN, ESQ.
`Wilson Sonsini Goodrich & Rosati
`12235 El Camino Real
`San Diego, CA 92130
`(858) 350-2305
`Dcarsten@wsgr.com
`ELHAM FIROUZI STEINER, ESQ.
`Wilson Sonsini Goodrich & Rosati
`12235 El Camino Real
`San Diego, CA 92130
`(858) 350-2246
`Esteiner@wsgr.com
`ART DYKHUIS, ESQ.
`Wilson Sonsini Goodrich & Rosati
`12235 El Camino Real
`San Diego, CA 92130
`(858) 350-2390
`
`
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`Sanofi Exhibit 2022.003
`Mylan v. Sanofi
`IPR2018-01675
`
`
`
`|Teleconference
`|17-cv-09105, August 2, 2018
`
`4
`
`(Commencement of proceedings at 1:45 P.M.)
`
`THE COURT: We're on the record in Sanofi versus
`Mylan, 17-9105. It's 1:46 on August 2nd, 2018.
`Starting with plaintiff, let's have appearances.
`MS. WALSH: Good afternoon, Your Honor, appearing
`on behalf of Sanofi, Liza Walsh, Christine Gannon, Katelyn
`O'Reilly, and my cocounsel from Weil Gotshal, Elizabeth
`Weiswasser, Robert Vlasis, Sutton Ansley. And also on the
`line with us is Stephanie Donahue from Sanofi.
`THE COURT: Oh, okay. Good.
`Defendants.
`MR. CALMANN: Hello, Your Honor. For Mylan, this
`is Arnie Calmann. And with me is my colleague Katherine
`Escanlar. And my cocounsel who will identify themselves.
`MR. CARSTEN: Good afternoon, Your Honor, this is
`Doug Carsten. Along with me on the line is Art Dykhuis and
`Ellie Steiner.
`THE COURT: Okay. So I have the July 30th letter
`by Ms. Walsh, and then I just got Mr. Calmann's response.
`Actually, I think it came in yesterday.
`And Mylan's still working on it in terms of the
`information?
`MR. CARSTEN: Thank Your Honor. This is --
`THE COURT: Go ahead.
`
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`Sanofi Exhibit 2022.004
`Mylan v. Sanofi
`IPR2018-01675
`
`
`
`|Teleconference
`|17-cv-09105, August 2, 2018
`
`5
`
`MR. CARSTEN: I'm sorry?
`THE COURT: Go ahead.
`MR. CARSTEN: Thank you, Your Honor. This is Doug
`
`Carsten.
`
`Well, first, with respect to the July 30th letter,
`we actually take a fair bit of issue with the -- and content
`of it. And I don't believe that the letter we sent in
`yesterday is a direct response. Rather, I didn't think it
`was fruitful for us to engage in a back and forth on things
`that I think are irrelevant. I think what was most useful
`for Your Honor was to see where the parties are.
`Where last we left our heros, Your Honor, on
`July 12th, we left you, and you had asked me to provide -- to
`investigate some questions. I have done that. And we are
`prepared to address each one of the Court's issues.
`In addition to that, I believe the purpose of the
`call was also to talk about the schedule, and obviously,
`Ms. Walsh or whomever at plaintiff can correct me if I'm
`speaking out of turn, but I think there have been some
`fruitful meet-and-confers in the last couple of days on the
`schedule. I don't believe that either party's going to press
`you today for entry into either one of the competing
`proposals that you've seen because there has been some -- I
`would say some optimism among the parties that we can get
`together on -- on some of the dates in question. And I think
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`Sanofi Exhibit 2022.005
`Mylan v. Sanofi
`IPR2018-01675
`
`
`
`|Teleconference
`|17-cv-09105, August 2, 2018
`
`6
`
`it would be premature for us to press you for a -- for entry
`of a schedule today.
`I will say that there was been a little bit of a
`hiccup in the sense that notwithstanding Biocon's presence
`clearly from the documents at the outset of the case,
`plaintiff has waited until a month ago or so to bring them
`into the case. And we identified, in an effort to push
`things along, the limited number of additional things that
`they would be raising -- if Biocon was a new party -- would
`be raising in their contentions.
`And we received notice last night, I believe, if
`not the day before, that Sanofi would be requiring up to 45
`days to respond to these -- a handful of references and one
`noninfringe- -- I'm sorry -- one invalidity argument premised
`upon their own label, which the label's been in the case
`since day one. So that might cause a little bit of a hiccup.
`But I'm optimistic that, nevertheless, on the
`scheduling front that we can -- we can reach some agreements
`that maintain that agreement that we had all along to
`preserve the October 29th --
`THE COURT: Right.
`MR. CARSTEN: -- 2019 trial date.
`THE COURT: Okay. Keep -- keep trying to resolve
`
`that.
`
`Let's talk --
`
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`Sanofi Exhibit 2022.006
`Mylan v. Sanofi
`IPR2018-01675
`
`
`
`|Teleconference
`|17-cv-09105, August 2, 2018
`|Certification
`
`32
`
`Certification
`I, SARA L. KERN, Transcriptionist, do hereby certify
`that the 32 pages contained herein constitute a full, true,
`and accurate transcript from the official electronic
`recording of the proceedings had in the above-entitled
`matter; that research was performed on the spelling of proper
`names and utilizing the information provided, but that in
`many cases the spellings were educated guesses; that the
`transcript was prepared by me or under my direction and was
`done to the best of my skill and ability.
`I further certify that I am in no way related to any of
`the parties hereto nor am I in any way interested in the
`outcome hereof.
`
`S/ Sara L. Kern
`Signature of Approved Transcriber
`
`30th of August, 2018
`Date
`
`Sara L. Kern, CET**D-338
`King Transcription Services
`3 South Corporate Drive, Suite 203
`Riverdale, NJ 07457
`(973) 237-6080
`
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`Sanofi Exhibit 2022.007
`Mylan v. Sanofi
`IPR2018-01675
`
`