`
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner
`
`__________
`
`Case IPR2021-00816
`Patent 9,220,631
`
`__________
`
`[PROPOSED] ORDER FOR APPOINTMENT OF COMMISSIONERS AND
`DIRECTION OF SUBMISSION OF HAGUE CONVENTION
`APPLICATION
`
`Novartis Exhibit 2332.0001
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`On March 1, 2022, Patent Owner Novartis Pharma AG, Novartis
`
`Pharmaceuticals Corporation, and Novartis Technology LLC (collectively,
`
`“Novartis”) and Petitioner Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a
`
`joint motion requesting an order appointing certain counsel as commissioners to
`
`take the voluntary oral depositions under oath via video conference in Switzerland
`
`of two Novartis witnesses, Marie Picci and Juergen Sigg.
`
`Novartis seeks authorization from a competent Swiss authority to conduct
`
`voluntary depositions under oath via videoconference of Ms. Picci and Dr. Sigg,
`
`whom Regeneron seeks to depose, and who either live or work in Switzerland.
`
`The Swiss Penal Code provides that attorneys attempting to take a deposition or
`
`carry out other activities on behalf of a foreign state in Switzerland outside of
`
`authorized methods are subject to arrest on criminal charges. See, e.g., Article 271
`
`of the Swiss Penal Code, available at https://www.admin.ch/opc/en/classified-
`
`compilation/19370083/index.html. Thus, the parties represent they must comply
`
`with the Hague Convention in seeking testimony in this proceeding in order to
`
`comply with Swiss law.
`
`The Board finds that the evidence the parties seek is reasonably necessary to
`
`fully investigate the patentability of U.S. Patent No. 9,220,631 in this inter partes
`
`review. Accordingly, the following listed counsel for Novartis and Regeneron are
`
`duly appointed as commissioners under Article 17 of the Hague Convention of 17
`
`
`
`
`Novartis Exhibit 2332.0002
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters:
`
`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 Plaintiff
`Regeneron (Regeneron Pharmaceuticals, Inc., located at 777
`Old Saw Mill River Road, Tarrytown, New York 10591,
`USA): Anish Desai; Elizabeth Weiswasser; Robert Vlasis;
`Christopher Pepe; Matthew Sieger and Andrew Gesior
`Counsel at Allen & Overy LLP (located at 1221
`Avenue of the Americas New York, NY 10020; and 1101
`New York Ave, N.W. Washington, D.C. 20005) for
`Defendant Novartis (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): Elizabeth Holland; William James and Daniel
`Margolis.
`
`Counsel at Bär & Karrer AG (located at
`Brandschenkestrasse 90, 8027 Zurich, Switzerland) for
`Defendant Novartis (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
`
`
`
`
`Novartis Exhibit 2332.0003
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`This Order shall be given to counsel at Bär & Karrer AG who will file it
`
`together with the necessary application for authorization from the relevant Swiss
`
`authorities.
`
`ORDER
`
`IT IS SO ORDERED this ____ day of ___________, 2022.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Novartis Exhibit 2332.0004
`Regeneron v. Novartis, IPR2021-00816
`
`
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