`
`
`BY E-MAIL
`
`
`
`Weil, Gotshal &: Manges LLP
`
`
`767 Fifth Avenue
`New York, NY 10153-0119
`+1 212 310 8000 tel
`+1 212 310 8007 fax
`
`Jessica L. Falk
`+1 (212) 310-8511
`jessica.falk@weil.com
`
`June 11, 2021
`
`
`Stephen J. McIntyre
`O’Melveny & Myers LLP
`400 South Hope Street
`Los Angeles, CA 90071
`
`Benjamin Horton
`Marshall Gerstein & Borun LLP
`6300 Willis Tower
`233 S. Wacker Dr.
`Chicago, IL 60606
`
`Re: Regeneron Pharmaceuticals, Inc. v. Novartis Pharma AG, et al., No. 1:20-cv-05502-AJN
`
`Dear Counsel:
`
`I write on behalf of Plaintiff Regeneron Pharmaceuticals, Inc. (“Regeneron”) in the above-
`
`captioned matter in response to Novartis Pharma AG’s (“Novartis”) June 9, 2021 letter (the “June 9
`Letter”).
`
`
`I. Cross-Use Agreements
`
`In the June 9 Letter, Novartis requested that Regeneron confirm that Regeneron agrees “to make
`
`available in the NDNY Action all document and custodial discovery conducted in this action to avoid
`duplication of the parties’ efforts”1 as the third condition of Novartis’s additional custodian proposal.
`Regeneron now confirms agreement to this condition.
`
`Regeneron requests that Vetter promptly consent to the Proposed ITC Cross-Use Agreement for
`
`the SDNY action and Proposed Joint Stipulation for filing with the Court.
`
`
`II.
`
`Second Amended Case Schedule
`
`In the June 9 Letter, Novartis characterizes Regeneron’s added privilege log deadlines to the
`
`Second Amended Case Schedule and proposed Stipulation and Proposed Order Modifying Case Schedule
`
`
`1 June 9 McIntyre Letter at 2.
`
`
`
`
`Novartis Exhibit 2089.001
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`June 11, 2021
`Page 2
`
`
`
`Weil, Gotshal & Manges LLP
`
`
`as an attempt to “inject a new issue into the discussion.”2 While Regeneron does not agree with this
`characterization, Regeneron confirms that Novartis may submit these documents for the Court’s approval.
`Regeneron requests, however, that Novartis and Vetter promptly engage and start by responding to
`Regeneron’s May 25, 2021 privilege log proposal,3 as it affects the case schedule and the scheduling of
`depositions in this case.
`
`III. RFPs to Present
`
`Novartis agreed in the June 9 Letter to “conduct a reasonable search for and produce responsive
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`and non-privileged documents through present” falling into the two categories described in Regeneron’s
`April 27, 2021 Letter.4 Regeneron confirms that Regeneron and Novartis have reached agreement
`regarding the documents and information to be provided through the present.
`
`IV. Regeneron’s Deposition Proposal
`Regeneron is in receipt of Novartis’s position on Regeneron’s deposition proposal.5 Regeneron
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`will address this issue in subsequent correspondence.
`
`
`*
`
`Regeneron reserves all rights, including the right to seek relief from the court, regarding all of
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`these matters.
`
`
`*
`
`*
`
`Sincerely,
`
`
`
`/s/ Jessica Falk _
`Jessica L. Falk
`
`
`2 Id. at 3.
`
`3 May 25, 2021 Falk Letter at 1-2.
`
`4 Apr. 27, 2021 Falk Letter at 2.
`
`5 See June 9 Letter at 3-4.
`
`
`
`
`Novartis Exhibit 2089.002
`Regeneron v. Novartis, IPR2021-00816
`
`
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