Case 2:17-cv-09105-SRC-CLW Document 45 Filed 02/05/18 Page 1 of 1 PageID: 1598
`ONE RIVERFRONT PLAZA
`1037 Raymond Blvd., Suite 600
`Newark, New Jersey 07102
`T: 973.757.1100
`F: 973.757.1090
`WALSH.LAW
`
`
`
`
`Liza M. Walsh
`Direct Dial: (973) 757-1101
`lwalsh@walsh.law
`
`
`February 5, 2018
`
`VIA ECF AND USPS
`Honorable Stanley R. Chesler, U.S.D.J.
`United States District Court
`District of New Jersey
`50 Walnut Street
`Newark, New Jersey 07102
`
`
`
`
`Dear Judge Chesler:
`
`
`This firm, together with Weil, Gotshal & Manges LLP, represents Plaintiffs Sanofi-Aventis
`U.S. LLC, Sanofi-Aventis Deutschland GmbH, and Sanofi Winthrop Industrie (collectively,
`“Sanofi”) in the above-referenced matter. Enclosed for the Court’s consideration is a Stipulation
`and proposed Order of Dismissal as to Mylan N.V., Mylan Inc., and Mylan Pharmaceuticals Inc. If
`the enclosed proposed form of Order is acceptable to Your Honor, we respectfully request its
`entry. As always, the Court’s consideration is greatly appreciated.
`
`
`Sanofi-Aventis U.S. LLC, et al. v. Mylan N.V., et al.,
`Re:
` Civil Action No.
`17-9105 (SRC/CLW)
`
`Respectfully submitted,
`
`s/Liza M. Walsh
`
`
`
`Liza M. Walsh
`
`
`Enclosure
`cc:
`All Counsel of Record (via ECF and Email)
`
`
`
`
`
`
`
`
`Sanofi Exhibit 2006.001
`Mylan v. Sanofi
`IPR2018-01676
`
`
`ONE RIVERFRONT PLAZA
`1037 Raymond Blvd., Suite 600
`Newark, New Jersey 07102
`T: 973.757.1100
`F: 973.757.1090
`WALSH.LAW
`
`
`
`
`Liza M. Walsh
`Direct Dial: (973) 757-1101
`lwalsh@walsh.law
`
`
`February 5, 2018
`
`VIA ECF AND USPS
`Honorable Stanley R. Chesler, U.S.D.J.
`United States District Court
`District of New Jersey
`50 Walnut Street
`Newark, New Jersey 07102
`
`
`
`
`Dear Judge Chesler:
`
`
`This firm, together with Weil, Gotshal & Manges LLP, represents Plaintiffs Sanofi-Aventis
`U.S. LLC, Sanofi-Aventis Deutschland GmbH, and Sanofi Winthrop Industrie (collectively,
`“Sanofi”) in the above-referenced matter. Enclosed for the Court’s consideration is a Stipulation
`and proposed Order of Dismissal as to Mylan N.V., Mylan Inc., and Mylan Pharmaceuticals Inc. If
`the enclosed proposed form of Order is acceptable to Your Honor, we respectfully request its
`entry. As always, the Court’s consideration is greatly appreciated.
`
`
`Sanofi-Aventis U.S. LLC, et al. v. Mylan N.V., et al.,
`Re:
` Civil Action No.
`17-9105 (SRC/CLW)
`
`Respectfully submitted,
`
`s/Liza M. Walsh
`
`
`
`Liza M. Walsh
`
`
`Enclosure
`cc:
`All Counsel of Record (via ECF and Email)
`
`
`
`
`
`
`
`
`Sanofi Exhibit 2006.001
`Mylan v. Sanofi
`IPR2018-01676
`
`
`
`Case 2:17-cv-09105-SRC-CLW Document 45-1 Filed 02/05/18 Page 1 of 5 PageID: 1599
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`SANOFI-AVENTIS U.S. LLC,
`SANOFI-AVENTIS DEUTSCHLAND GMBH,
`and SANOFI WINTHROP INDUSTRIE,
`
`
`
`
`
`v.
`
`
`MYLAN N.V., MYLAN GMBH, MYLAN
`INC., and MYLAN PHARMACEUTICALS
`INC.,
`
`Plaintiffs,
`
`Civil Action No. 2:17-cv-09105-SRC-CLW
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`STIPULATION AND ORDER
`
`Plaintiffs Sanofi-Aventis U.S. LLC, Sanofi-Aventis Deutschland GmbH, and Sanofi
`
`Winthrop Industrie (collectively, “Sanofi”) and Defendants Mylan N.V., Mylan GmbH, Mylan
`
`Inc., and Mylan Pharmaceuticals Inc. (collectively “Defendants”) hereby stipulate and agree as
`
`follows:
`
`WHEREAS, on October 24, 2017, Sanofi filed suit against Defendants in the above-
`
`captioned case (“the Action”);
`
`WHEREAS, Mylan N.V., Mylan Inc., and Mylan Pharmaceuticals Inc. maintain that they
`
`are not proper defendants in the Action and that venue is improper in this District as to
`
`Defendants;
`
`WHEREAS, Sanofi disagrees with the position of Mylan N.V., Mylan Inc., and Mylan
`
`Pharmaceuticals Inc. that they are not proper defendants in the Action and that venue is
`
`improper;
`
`
`
`
`Sanofi Exhibit 2006.002
`Mylan v. Sanofi
`IPR2018-01676
`
`
`
`Case 2:17-cv-09105-SRC-CLW Document 45-1 Filed 02/05/18 Page 2 of 5 PageID: 1600
`
`
`
`WHEREAS, resolution of such disagreement by motion practice will consume time and
`
`expense that the parties wish to avoid by entering into this stipulation;
`
`NOW THEREFORE, Sanofi and Defendants, by and through their respective
`
`undersigned counsel in the Action, and subject to the approval of the Court, stipulate and agree
`
`as follows:
`
`1.
`
`Sanofi hereby dismisses without prejudice its claims as to Mylan N.V., Mylan
`
`Inc., and Mylan Pharmaceuticals Inc., pursuant to Fed. R. Civ. P. 41(a)(1)(A).
`
`2.
`
`Mylan N.V., Mylan Inc., and Mylan Pharmaceuticals Inc., including any affiliates
`
`or subsidiaries who are in active concert or participation with Mylan N.V., Mylan Inc. and
`
`Mylan Pharmaceuticals, Inc., agree to be bound by any judgment, order, and/or decision
`
`rendered as to Mylan GmbH in the Action (including appeals) as if Mylan N.V., Mylan Inc., and
`
`Mylan Pharmaceuticals Inc. were named defendants.
`
`3.
`
`Mylan N.V., Mylan Inc., and Mylan Pharmaceuticals Inc. agree that, solely for
`
`purposes of this Action, they will not contest venue or personal jurisdiction in this Court with
`
`respect to enforcing any such judgment, order, and/or decision against them related to the
`
`Action.
`
`4.
`
`Mylan GmbH agrees not to withhold otherwise discoverable material or
`
`information in the Action that is proportional to the needs of the case solely on the basis that it is
`
`in the possession, custody, or control of Mylan N.V., Mylan Inc., and/or Mylan Pharmaceuticals
`
`Inc. For the avoidance of doubt, Mylan GmbH will search for documents, witnesses, and
`
`information of Mylan N.V., Mylan Inc., and Mylan Pharmaceuticals, and will produce such
`
`documents, witnesses, and information that is discoverable and proportional to the needs of the
`
`case.
`
`
`
`
`Sanofi Exhibit 2006.003
`Mylan v. Sanofi
`IPR2018-01676
`
`
`
`Case 2:17-cv-09105-SRC-CLW Document 45-1 Filed 02/05/18 Page 3 of 5 PageID: 1601
`
`
`
`5.
`
`Sanofi hereby dismisses without prejudice Counts 3-5, 9-11, 13, 14, and 16-36 of
`
`the Complaint (ECF No. 1).
`
`6.
`
`Within 15 days of filing this Stipulation, Sanofi and Defendants will jointly move
`
`in the Northern District of West Virginia to dismiss C.A. No. 1:17-cv-181 (IMK) without
`
`prejudice, including (i) Sanofi’s complaint against Defendants, (ii) Defendants’ Answer and
`
`Defenses, and (iii) Mylan GmbH’s counterclaims.
`
`7.
`
`Each party shall be responsible for its own attorneys’ fees and costs with respect
`
`to the dismissed claims and counterclaims.
`
`8.
`
`The parties hereby agree to jointly request the Court to schedule trial in the Action
`
`in October 2019. The parties hereby further agree to meet-and-confer as the case progresses and
`
`to jointly approach the Court to request a September 2019 trial date should the parties mutually
`
`agree that the case can be ready for trial then, and should there otherwise be no conflicts with
`
`such an earlier trial date.
`
`9.
`
`The terms of this stipulation are made without prejudice to the respective
`
`positions of Sanofi and Defendants as to whether Mylan N.V., Mylan Inc., and Mylan
`
`Pharmaceuticals Inc. are proper defendants in the Action or whether venue is improper.
`
`10.
`
`Upon entry of the stipulation, Defendants’ motion to dismiss (ECF No. 10) and
`
`related papers are withdrawn as moot.
`
`11. Mylan GmbH agrees to not challenge venue in this District for this Action for the
`
`duration of this Action and any appeals therefrom.
`
`12.
`
`The terms of this stipulation shall not be used by Sanofi or Defendants to argue
`
`for or against venue or jurisdiction in the future.
`
`
`
`
`Sanofi Exhibit 2006.004
`Mylan v. Sanofi
`IPR2018-01676
`
`
`
`Case 2:17-cv-09105-SRC-CLW Document 45-1 Filed 02/05/18 Page 4 of 5 PageID: 1602
`
`
`
`13.
`
`The parties submit and consent to the jurisdiction of this Court for purposes of
`
`enforcing this stipulation, and to adjudicate or resolve any disputes regarding its terms,
`
`interpretation, application, or requirements.
`
`14.
`
`The case caption for the Action is amended to remove Mylan N.V., Mylan Inc.,
`
`and Mylan Pharmaceuticals Inc., as indicated in Exhibit A attached hereto.
`
`
`Stipulated and agreed this 5th day of February 2018,
`
`
`
`s/Liza M. Walsh
`______________________
`Liza M. Walsh
`Christine I. Gannon
`Katelyn O’Reilly
`Walsh Pizzi O’Reilly Falanga LLP
`One Riverfront Plaza
`1037 Raymond Blvd., Suite 600
`Newark, New Jersey 07102
`(973) 757-1101
`
`Attorneys for Plaintiffs Sanofi-Aventis U.S. LLC,
`Sanofi-Aventis Deutschland GmbH, and Sanofi
`Winthrop Industrie
`
`
`
`s/Arnold B. Calmann
`______________________
`Arnold B. Calmann
`(ACalmann@saiber.com)
`Katherine A. Escanlar
`(KEscanlar@saiber.com)
`SAIBER LLC
`One Gateway Center, Suite 1000
`Newark, New Jersey 07102
`Telephone: (973) 622-3333
`
`Attorneys for Defendants Mylan GmbH
`Mylan Pharmaceuticals Inc., Mylan Inc., and
`Mylan N.V.
`
`
`SO ORDERED.
`
`This _____, day of February, 2018.
`
`
`
`
`_______________________________
`Hon. Stanley R. Chesler, U.S.D.J.
`
`
`
`
`
`
`
`
`
`Sanofi Exhibit 2006.005
`Mylan v. Sanofi
`IPR2018-01676
`
`
`
`Case 2:17-cv-09105-SRC-CLW Document 45-1 Filed 02/05/18 Page 5 of 5 PageID: 1603
`
`
`
`
`
`Exhibit A
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`SANOFI-AVENTIS U.S. LLC,
`SANOFI-AVENTIS DEUTSCHLAND GMBH,
`and SANOFI WINTHROP INDUSTRIE,
`
`Civil Action No. 2:17-cv-09105-SRC-CLW
`
`
`
`
`
`
`
`Plaintiffs,
`
`v.
`
`
`MYLAN GMBH,
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Sanofi Exhibit 2006.006
`Mylan v. Sanofi
`IPR2018-01676
`
`
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