UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`INV. NO. 337-TA-1207
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`
`
`In the Matter of
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`CERTAIN PRE-FILLED SYRINGES FOR
`INTRAVITREAL INJECTION AND
`COMPONENTS THEREOF
`
`
`ORDER NO. 16: GRANTING UNOPPOSED MOTION FOR APPOINTMENT OF
`COMMISSIONERS AND DIRECTION OF SUBMISSION OF
`HAGUE CONVENTION APPLICATION
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`
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`(November 13, 2020)
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`On November 12, 2020, complainants Novartis Pharma AG, Novartis Pharmaceuticals
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`Corporation, and Novartis Technology LLC (collectively, “Novartis”) filed an unopposed motion
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`seeking entry of an order appointing certain U.S. attorneys as commissioners to take the voluntary
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`oral depositions under oath via video conference in Switzerland of certain Novartis witnesses.
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`Motion Docket No. 1207-014.
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` Neither respondent Regeneron Pharmaceuticals, Inc.
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`(“Regeneron”) nor the Commission Investigative Staff (“Staff”) oppose the requested relief. See
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`Mot. at 1.
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`Novartis seeks authorization from a competent Swiss authority to conduct voluntary
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`depositions under oath via videoconference of seven witnesses, whom Regeneron has noticed for
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`deposition, and who either live or work in Switzerland. See Mot. at 1-2. I understand that some
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`or all of these seven witnesses may also be called to testify during the evidentiary hearing currently
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`scheduled for April 19-23, 2021. See id. at 1 n.1. Novartis represents that the Swiss Penal Code
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`provides that attorneys attempting to take a deposition or carry out other activities on behalf of a
`
`Novartis Exhibit 2330.0001
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`Washington, D.C.
`
`
`INV. NO. 337-TA-1207
`
`
`
`In the Matter of
`
`CERTAIN PRE-FILLED SYRINGES FOR
`INTRAVITREAL INJECTION AND
`COMPONENTS THEREOF
`
`
`ORDER NO. 16: GRANTING UNOPPOSED MOTION FOR APPOINTMENT OF
`COMMISSIONERS AND DIRECTION OF SUBMISSION OF
`HAGUE CONVENTION APPLICATION
`
`
`
`(November 13, 2020)
`
`On November 12, 2020, complainants Novartis Pharma AG, Novartis Pharmaceuticals
`
`Corporation, and Novartis Technology LLC (collectively, “Novartis”) filed an unopposed motion
`
`seeking entry of an order appointing certain U.S. attorneys as commissioners to take the voluntary
`
`oral depositions under oath via video conference in Switzerland of certain Novartis witnesses.
`
`Motion Docket No. 1207-014.
`
` Neither respondent Regeneron Pharmaceuticals, Inc.
`
`(“Regeneron”) nor the Commission Investigative Staff (“Staff”) oppose the requested relief. See
`
`Mot. at 1.
`
`Novartis seeks authorization from a competent Swiss authority to conduct voluntary
`
`depositions under oath via videoconference of seven witnesses, whom Regeneron has noticed for
`
`deposition, and who either live or work in Switzerland. See Mot. at 1-2. I understand that some
`
`or all of these seven witnesses may also be called to testify during the evidentiary hearing currently
`
`scheduled for April 19-23, 2021. See id. at 1 n.1. Novartis represents that the Swiss Penal Code
`
`provides that attorneys attempting to take a deposition or carry out other activities on behalf of a
`
`Novartis Exhibit 2330.0001
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`foreign state in Switzerland outside of authorized methods are subject to arrest on criminal charges.
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`Id. at 2-3 (citing Article 271 of the Swiss Penal Code). Thus, Novartis represents it must comply
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`with the Hague Convention in seeking testimony in this investigation in order to comply with
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`Swiss law. See id. at 3.
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`I find that the evidence Novartis seeks is reasonably necessary to fully investigate
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`Novartis’s claims of patent infringement in this investigation. I also find that the evidence Novartis
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`seeks is reasonably necessary to fully investigate Regeneron’s defenses in this investigation.
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`Accordingly, Motion No. 1207-014 is granted.
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`The following listed counsel for Novartis, Regeneron, and the Staff are duly appointed as
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`commissioners under Article 17 of the Hague Convention of 18 March 1970 on the Taking of
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`Evidence Abroad in Civil or Commercial Matters:
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`
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`Counsel at Weil, Gotshal & Manges LLP (located at 767 Fifth
`Avenue New York, New York 10153; and 2001 M Street, Suite 600
`Washington, DC 20036) for respondent (Regeneron Pharmaceuticals, Inc.,
`located at 77 Old Saw Mill River Road, Tarrytown, New York 10591,
`USA): Anish Desai; Elizabeth Weiswasser; Brian Ferguson; Robert Vlasis;
`Christopher Pepe; Sutton Ansley; Christopher Marando; Priyata Patel;
`Natalie Kennedy; Matthew Sieger; Andrew Gesior; and Saif Askar;
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`Counsel at Goodwin Procter LLP (located at The New York Times
`Building 620 Eighth Avenue New York, NY 10018-1405; and 1900 N
`Street, N.W. Washington, D.C. 20036-1612) for complainants (Novartis
`Pharma AG, Forum 1, Novartis Campus, 4056 Basel, Switzerland; Novartis
`Pharmaceuticals Corporation, One Health Plaza, East Hanover, New Jersey,
`07936, USA and Novartis Technology LLC, One Health Plaza, East
`Hanover, New Jersey, 07936, USA): Sean Anderson; James Breen; Brian
`Burgess; Linnea Cipriano; Myomi Coad; Nicole Corey; Tova Dardashty;
`Mark Davis; Gina Faldetta; Denise Go; Molly Grammel; Christopher
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`Novartis Exhibit 2330.0002
`Regeneron v. Novartis, IPR2021-00816
`
`
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`Holding; Elizabeth Holland; William James; Daniel Margolis; Patrick
`McCarthy; Christine Sama; Alison Siedor; Grace Truong; Joshua Weinger;
`and Calvin Wingfield;
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`Counsel at Bär & Karrer AG (located at Brandschenkestrasse 90,
`8027 Zurich, Switzerland) for complainants (Novartis Pharma AG, Forum
`1, Novartis Campus, 4056 Basel, Switzerland; Novartis Pharmaceuticals
`Corporation, One Health Plaza, East Hanover, New Jersey, 07936, USA and
`Novartis Technology LLC, One Health Plaza, East Hanover, New Jersey,
`07936, USA): Dr. Andreas Länzlinger; and Martina Athanas; and
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`Counsel at the Office of Unfair Import Investigations of the United
`States International Trade Commission: W. Peter Guarnieri; and Anne
`Goalwin.
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`This Order shall be given to counsel at Bär & Karrer AG who will file it together with the
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`necessary application for authorization from the relevant Swiss authorities.
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`SO ORDERED.
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`Clark S. Cheney
`Administrative Law Judge
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`Novartis Exhibit 2330.0003
`Regeneron v. Novartis, IPR2021-00816
`
`
`
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`I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
`upon the Commission Investigative Attorney, W. Peter Guarnieri, Esq., and the following
`parties as indicated, on November 13, 2020.
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`On Behalf of Complainants Novartis Pharma AG, Novartis
`Pharmaceuticals Corporation, and Novartis Technology LLC:
`
`Elizabeth J. Holland, Esq.
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`Email: EHolland@goodwinlaw.com
`
`On Behalf of Respondent Regeneron Pharmaceuticals, Inc.:
`
`Anish R. Desai, Esq.
`WEIL, GOTSHAL & MANGES LLP
`767 5th Avenue
`New York, NY 10153
`Email: anish.desai@weil.com
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`Novartis Exhibit 2330.0004
`Regeneron v. Novartis, IPR2021-00816
`
`
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