`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Andrew O. Larsen <ALarsen@merchantgould.com>
`Friday, November 4, 2022 11:41 AM
`Kim, Kyu Yun; Christopher J. Sorenson; Melissa M. Hayworth
`Hasford, Justin; Diner, Bryan; Goldberg, Joshua; O'Connell, Caitlin; Officer, Kassandra; (Dowty)
`Robinson, Lauren
`RE: IPR2023-00016
`
`EXTERNAL Email:
`
`Kyu Yun,
`
`Thanks for your e‐mail. Petitioner disagrees that the participatory concessions set forth in its
`Motion for Joinder are insufficient to warrant joinder here. Patent Owner’s proposals are also
`not consistent with the rights normally reserved to a joining party by the PTAB. Rather than
`continue our conferral on these points, Petitioner prefers to let the Board establish the scope
`of its participation. Should opposition be necessary, then we look forward to hearing Patent
`Owner’s positions and supporting authority in due course.
`
`Best Regards,
`
`Andrew
`
`From: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>
`Sent: Friday, November 4, 2022 10:33 AM
`To: Andrew O. Larsen <ALarsen@merchantgould.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>;
`Melissa M. Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>; Officer, Kassandra
`<Kassandra.Officer@finnegan.com>; (Dowty) Robinson, Lauren <Lauren.Robinson@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`CAUTION - External.
`
`Andrew,
`
`
`Patent Owner disagrees with Petitioner’s improper attempt to reserve participatory rights in its motion for joinder, as
`we previously identified. In an effort to avoid burdening the Board with this dispute, please let us know if MSN is
`agreeable to the following:
`
`
`1. “MSN agrees to not submit any separate filings during the proceeding, unless there is a dispute as to the real
`parties in interest (RPI) specifically concerning MSN and unless the Board authorizes any such filing., except in
`the unlikely event of a disagreement with Mylan’s position or an issue unique to MSN arises during the
`proceeding.”
`
`
`1
`
`Bausch Health Ireland Exhibit 2001, Page 1 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`
`
`2. “To the extent that the Board authorizes MSN to participate in the Mylan IPR, and so long as Mylan remains a
`party to the IPR, MSN will endeavor to coordinate with Mylan to consolidate authorized filings, and coordinate
`on discovery and briefing, such that MSN will not submit any separate filings or briefing and will not ask any
`questions at depositions or seek any separate discovery manage questioning at depositions, ensure that
`briefing and discovery occur within the time normally allotted”
`
`3. “MSN will not seek to submit any new expert declarations apart from those entered by Mylan, except in the
`event that MSN is precluded from relying on Mylan’s experts”
`
`
`
`
`
`4. MSN “will not file any separate papers without consultation with Mylan and prior authorization from the
`Board.” (Motion for Joinder at 10)
`
`
`If MSN does not agree to limit its role in the proceedings accordingly, Patent Owner will be forced to oppose MSN’s
`Motion for Joinder.
`
`
`Regards,
`Kyu Yun
`
`From: Andrew O. Larsen <ALarsen@merchantgould.com>
`Sent: Saturday, October 29, 2022 12:02 AM
`To: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>; Melissa M.
`Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: Re: IPR2023‐00016
`
`EXTERNAL Email:
`
`Dear Kyu Yun,
`
`Thanks for your e‐mail. As I said on the call, we would be happy to consider alternative options, should you like to
`propose them.
`
`Please also be advised that “you know it when you see it” in reference to "pornography" are actually the words of
`Supreme Court Justice Potter Stewart, who expressed the notion when defining the contours of freedom of speech in
`the 1960s.
`
`Best Regards,
`
`Andrew
`
`Get Outlook for iOS
`
`From: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>
`Sent: Friday, October 28, 2022 11:47:27 PM
`To: Andrew O. Larsen <ALarsen@merchantgould.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>;
`Melissa M. Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`
`CAUTION - External.
`
`2
`
`Bausch Health Ireland Exhibit 2001, Page 2 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`
`
`Andrew,
`
`
`On October 25, 2022, we on behalf of Patent Owner met and conferred with you on behalf of Petitioner MSN to discuss
`MSN’s proposed participation in the above‐captioned IPR proceeding if joined. We discussed with you the participatory
`rights that MSN has attempted to reserve in MSN’s Motion for Joinder, specifically your following statements:
`
`1. “MSN agrees to not submit any separate filings, except in the unlikely event of a disagreement with Mylan’s
`position or an issue unique to MSN arises during the proceeding.” (Motion for Joinder at 9‐10)
`
`2. “To the extent that the Board authorizes MSN to participate in the Mylan IPR, MSN will endeavor to coordinate
`with Mylan to consolidate authorized filings, manage questioning at depositions, ensure that briefing and
`discovery occur within the time normally allotted” (Motion for Joinder at 10)
`
`3. “MSN will not seek to submit any new expert declarations apart from those entered by Mylan, except in the
`event that MSN is precluded from relying on Mylan’s experts” (Motion for Joinder at 10)
`
`
`
`
`
`4. MSN “will not file any separate papers without consultation with Mylan and prior authorization from the
`Board.” (Motion for Joinder at 10)
`
`
`
`With respect to your first and fourth statements above, we asked you what MSN means by “the unlikely event of a
`disagreement with Mylan’s position,” “an issue unique to MSN,” and under which occasions MSN would “file any
`separate papers.” You answered that MSN cannot predict “the unlikely event,” and you stated that “you know when
`you see it” as it is like, in your words, “pornography.”
`
`
`Similarly, with respect to your third statement above, we requested that MSN clarify when MSN would be “precluded
`from relying on Mylan’s expert.” You once again stated that “you know when you see it” as it is like, in your words,
`“pornography.”
`
`
`With respect to your second statement above, we repeatedly asked whether MSN intends to request additional time
`during cross examinations. You refused to answer whether MSN will ask for extra time.
`
`
`We of course hope to resolve these issues without unnecessarily the Board. Nevertheless, given the foregoing
`discussion we had with you during the meet and confer, Patent Owner is inclined to oppose MSN’s Motion for
`Joinder. We hope that MSN is willing to reconsider the participatory rights that you have attempted to reserve.
`
`
`Best regards,
`
`
`Kyu Yun
`
`
`From: Andrew O. Larsen <ALarsen@merchantgould.com>
`Sent: Monday, October 24, 2022 3:09 PM
`To: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>; Melissa M.
`Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`
`EXTERNAL Email:
`
`
`Hi Kyu Yun,
`
`
`3
`
`Bausch Health Ireland Exhibit 2001, Page 3 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`
`
`We are available tomorrow at that time. Will you be circulating a dial‐in?
`
`
`Regards,
`
`
`Andrew
`
`
`From: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>
`Sent: Monday, October 24, 2022 1:42 PM
`To: Andrew O. Larsen <ALarsen@merchantgould.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>;
`Melissa M. Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`
`CAUTION - External.
`
`Andrew,
`
`
`Are you available to meet and confer with us tomorrow at 2 pm ET?
`
`
`Best regards,
`
`
`Kyu Yun
`
`
`
`From: Andrew O. Larsen <ALarsen@merchantgould.com>
`Sent: Thursday, October 20, 2022 2:13 PM
`To: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>; Melissa M.
`Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`
`EXTERNAL Email:
`
`
`Hi Kyu,
`
`
`Good to hear from you. I was tied up in meetings and just now seeing your e‐mail. We are
`obviously not available at 2p ET, or 3p ET for that matter given the short notice you’ve
`provided. Are you available tomorrow afternoon instead?
`
`In the future, we’d appreciate if you could propose times for a meet and confer at least 24
`hours in advance. We of course will aim to provide your team with the same courtesy.
`
`
`Regards,
`
`
`Andrew
`
`4
`
`Bausch Health Ireland Exhibit 2001, Page 4 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`
`
`
`
`From: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>
`Sent: Thursday, October 20, 2022 12:19 PM
`To: Andrew O. Larsen <ALarsen@merchantgould.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>;
`Melissa M. Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`
`CAUTION - External.
`
`Andrew,
`
`
`We are available to meet and confer with you at 2 or 3 pm ET today. Please let us know if either time works for you. We
`will circulate a meeting invite.
`
`
`With respect to your proposed participatory rights, please be ready to discuss the following statements in your Motion
`for Joinder.
`
`5. “MSN agrees to not submit any separate filings, except in the unlikely event of a disagreement with Mylan’s
`position or an issue unique to MSN arises during the proceeding.” (Motion for Joinder at 9‐10)
`
`6. “To the extent that the Board authorizes MSN to participate in the Mylan IPR, MSN will endeavor to coordinate
`with Mylan to consolidate authorized filings, manage questioning at depositions, ensure that briefing and
`discovery occur within the time normally allotted” (Motion for Joinder at 10)
`
`
`
`
`
`7. “MSN will not seek to submit any new expert declarations apart from those entered by Mylan, except in the
`event that MSN is precluded from relying on Mylan’s experts” (Motion for Joinder at 10)
`
`8. MSN “will not file any separate papers without consultation with Mylan and prior authorization from the
`Board.” (Motion for Joinder at 10)
`
`
`
`Best regards,
`Kyu Yun
`
`
`
`From: Andrew O. Larsen <ALarsen@merchantgould.com>
`Sent: Tuesday, October 18, 2022 9:31 AM
`To: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>; Melissa M.
`Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: Re: IPR2023‐00016
`
`
`EXTERNAL Email:
`
`
`Kyu Yun,
`
`
`We would be happy to hear you out. Can you provide us with a little more detail on the participatory rights you would
`oppose prior to a call? It would be helpful to have some time to consider MSN's options before we discuss further.
`
`
`5
`
`Bausch Health Ireland Exhibit 2001, Page 5 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`
`
`If you can provide more information, we can be available for a meet and confer this Thursday or Friday afternoon.
`
`
`Regards,
`
`
`Andrew
`
`
`Get Outlook for iOS
`
`From: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>
`Sent: Monday, October 17, 2022 9:04 PM
`To: Andrew O. Larsen <ALarsen@merchantgould.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>;
`Melissa M. Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: RE: IPR2023‐00016
`
`
`CAUTION - External.
`
`Andrew,
`
`
`We would like to meet and confer regarding the parameters of MSN’s proposed participation in the proceeding if
`joined. Based on the participatory rights you have attempted to reserve in your motion, we are inclined to oppose your
`motion. But we are hopeful that we can resolve this issue without unnecessarily burdening the Board. We therefore
`request that you meet and confer with us.
`
`
`Best regards,
`
`
`Kyu Yun
`
`
`
`From: Andrew O. Larsen <ALarsen@merchantgould.com>
`Sent: Monday, October 17, 2022 8:24 PM
`To: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>; Melissa M.
`Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: Re: IPR2023‐00016
`
`
`EXTERNAL Email:
`
`
`Kyu Yun,
`
`
`Thanks for your e‐mail. Could you please let us know what Bausch would like to confer about re MSN's motion?
`
`
`Regards,
`
`
`Andrew
`
`
`
`
`Get Outlook for iOS
`
`6
`
`Bausch Health Ireland Exhibit 2001, Page 6 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`
`
`From: Kim, Kyu Yun <KyuYun.Kim@finnegan.com>
`Sent: Monday, October 17, 2022 7:29:32 PM
`To: Andrew O. Larsen <ALarsen@merchantgould.com>; Christopher J. Sorenson <CSorenson@merchantgould.com>;
`Melissa M. Hayworth <MHayworth@merchantgould.com>
`Cc: Hasford, Justin <Justin.Hasford@finnegan.com>; Diner, Bryan <bryan.diner@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; O'Connell, Caitlin <Caitlin.O'Connell@finnegan.com>
`Subject: IPR2023‐00016
`
`
`CAUTION - External.
`
`Counsel:
`
`
`Please let us know when MSN is available to meet and confer regarding MSN’s motion for joinder.
`
`
`Best regards,
`
`
`Kyu Yun
`
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise
`exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from
`your mai box. Thank you.
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise
`exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from
`your mai box. Thank you.
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise
`exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from
`your mai box. Thank you.
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise
`exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from
`your mai box. Thank you.
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise
`exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from
`your mai box. Thank you.
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise
`exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from
`your mai box. Thank you.
`
`7
`
`Bausch Health Ireland Exhibit 2001, Page 7 of 7
`MSN v. Bausch Health Ireland - IPR2023-00016
`
`