`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`
`)
`NOVO NORDISK INC. and NOVO
`)
`NORDISK A/S,
` )
` Plaintiffs,
`)
` ) C.A. No. 23-101 (CFC)
`v. )
` )
`MYLAN PHARMACEUTICALS INC., )
` )
` Defendant.
`)
` )
`
`
`
`
`
`
`
`
`Wednesday, December 13, 2023
`9:06 a.m.
`Markman Hearing
`
`844 King Street
`Wilmington, Delaware
`
`BEFORE: THE HONORABLE COLM F. CONNOLLY
`United States District Court Judge
`
`
`
`
`APPEARANCES:
`
`
` MORRIS NICHOLS ARSHT & TUNNELL
` BY: BRIAN P. EGAN, ESQ.
` BY: TRAVIS J. MURRAY, ESQ.
`
`
`
`
` -and-
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`Novo Nordisk Exhibit 2007
`Sun Pharm Indus. Ltd. v. Novo Nordisk A/S
`IPR2024-00107
`Page 00001
`
`
`
` 2
`
`APPEARANCES CONTINUED:
`
`
` GROOMBRIDGE, WU, BAUGHMAN & STONE
` BY: NICHOLAS GROOMBRIDGE, ESQ.
` BY: JENNY C. WU, ESQ.
` BY: NAZ E. WEHRLI, ESQ.
` BY: PHILIP S. MAY, ESQ.
`
`
` Counsel for the Plaintiff
`
`
`
`
`
`
`
` STAMOULIS & WEINBLATT LLC
` BY: STAMATIOS STAMOULIS, ESQ.
`
`
`-and-
`
`
` PERKINS COIE LLP
` BY: DAVID L. ANSTAETT, ESQ.
` BY: SHANNON M. BLOODWORTH, ESQ.
` BY: BRANDON M. WHITE, ESQ.
`
`
`
` Counsel for the Defendant
`
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`Novo Nordisk Exhibit 2007
`Sun Pharm Indus. Ltd. v. Novo Nordisk A/S
`IPR2024-00107
`Page 00002
`
`
`
` 104
`
`THE COURT: Right. And the outstanding term
`
`is the one I did offer a construction on, and -- but I am
`
`troubled by, you know, what looks to be a clear,
`
`unequivocal disavowal or disclaimer in the prosecution
`
`history.
`
`I'm struggling with that term. I just want to
`
`go back and think more about it before I make a final
`
`decision. All right?
`
`MR. ANSTAETT: Would Your Honor like letters
`
`on the dosing regimen term?
`
`THE COURT: I don't think so.
`
`MR. ANSTAETT: Okay.
`
`THE COURT: No.
`
`All right. Where are we in the case? Where
`
`are things going?
`
`MR. GROOMBRIDGE: We are moving along with
`
`discovery, and, you know, the -- this case is following
`
`along behind the Ozempic case, which is set for trial the
`
`last day of September of next year.
`
`THE COURT: I'm surprised I set a September
`
`trial.
`
`MR. GROOMBRIDGE: I think it's set, I want to
`
`say September 30th for that case, and then a December
`
`trial for this case. And the decision deadline would
`
`be -- for both, I think, would be in June of '25.
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`Novo Nordisk Exhibit 2007
`Sun Pharm Indus. Ltd. v. Novo Nordisk A/S
`IPR2024-00107
`Page 00003
`
`
`
` 105
`
`THE COURT: Okay. I generally don't want to
`
`do trials in September and October. And I think -- so
`
`keep that in mind, those that -- you've all appeared,
`
`everybody here appears before me a lot.
`
`So I may move that trial date a little bit.
`
`But anyway, just so you'll know, that's just a scheduling
`
`thing. I don't take August off. I end up doing my
`
`vacation, for some reason it seems like there's a lot of
`
`professional obligations I've had that require my travel
`
`during those two months. So it's just a challenge to do
`
`trials.
`
`And my clerks are just coming onboard. So
`
`it's not necessarily the optimal time. I mean,
`
`September 30th is the reportables deadline.
`
`So when you put all those factors together, I
`
`just realize I need to shift, and I have been gradually
`
`doing it. So, for what it's worth, keep that in mind
`
`because you guys are all repeat players.
`
`All right. Anything else?
`
`MR. GROOMBRIDGE: Not from us, Your Honor.
`
`MR. ANSTAETT: Not from us, Your Honor.
`
`THE COURT: Thank you. Nice to see you all.
`
`(The proceedings concluded at 11:34 a.m.)
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`Novo Nordisk Exhibit 2007
`Sun Pharm Indus. Ltd. v. Novo Nordisk A/S
`IPR2024-00107
`Page 00004
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` 106
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`Novo Nordisk Exhibit 2007
`Sun Pharm Indus. Ltd. v. Novo Nordisk A/S
`IPR2024-00107
`Page 00005
`
`
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` 107
`
`
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`
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`CERTIFICATE OF COURT REPORTER
`
` I hereby certify that the foregoing is a true and
`
`accurate transcript from my stenographic notes in the
`
`proceeding.
`
`
`
`/s/ Bonnie R. Archer
`Bonnie R. Archer
`Official Court Reporter
` U.S. District Court
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`Novo Nordisk Exhibit 2007
`Sun Pharm Indus. Ltd. v. Novo Nordisk A/S
`IPR2024-00107
`Page 00006
`
`
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