`ONE RIVERFRONT PLAZA
`1037 Raymond Blvd., Suite 600
`Newark, NJ 07102
`T: 973.757.1100
`F: 973.757.1090
`WALSH.LAW
`
`
`
`Liza M. Walsh
`Direct Dial: (973) 757‐1101
`lwalsh@walsh.law
`
`November 15, 2018
`
`VIA ECF AND FIRST-CLASS MAIL
`Honorable Claire C. Cecchi, U.S.D.J.
`United States District Court for the District of New Jersey
`Martin Luther King Jr. Building & U.S. Courthouse
`50 Walnut Street
`Newark, New Jersey 07102
`
`
`Re:
`
`Janssen Pharmaceuticals, Inc., et al. v. Teva Pharmaceuticals USA, Inc.
`Civil Action No: 2:18-00734 (CCC-MF)
`
`
`Dear Judge Cecchi:
`
`
`This firm, together with Kirkland & Ellis LLP, represents Defendant Teva Pharmaceuticals
`USA, Inc. (“Teva”) in the above-referenced matter. We write on behalf of the parties to advise the
`Court that the parties have reached agreement with respect to the claim construction issues
`discussed with the Court at the November 13, 2018 telephone conference. Specifically, Teva has
`withdrawn the argument that the claim term in dispute—“average particle size (d50) of from about
`1600 nm to about 900 nm”—is insolubly ambiguous without prejudice to Teva’s ability to present
`the remainder of its indefiniteness arguments with respect to this claim term at the appropriate
`stage of the case following the close of expert discovery, as discussed with the Court on
`November 13, 2018. The parties agree that there remain no claim construction issues for the
`Court to address at this time.
`
`In view of the foregoing, the parties believe that the November 15, 2018 2:00 PM
`telephone conference with the Court is unnecessary. The parties appreciate the Court’s
`consideration of this submission and remain available should Your Honor have any questions or
`would like to hear further from the parties.
`
`Respectfully submitted,
`
`s/Liza M. Walsh
`
`Liza M. Walsh
`
`All Counsel of Record (via ECF & email)
`
`
`
`
`
`
`cc:
`
`
`
`Mylan v. Janssen (IPR2020-00440) Ex. 1029 p. 001
`
`