`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`AT CLARKSBURG
`
`
`Plaintiff,
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`
`v.
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`REGENERON PHARMACEUTICALS, INC.,
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`
`
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`MYLAN PHARMACEUTICALS INC.,
`
`
`
`
`
`
`Defendant.
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`
`
`Civil Action No. 1:22-cv-00061-TSK
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`DEFENDANT MYLAN PHARMACEUTICALS INC.’S MOTION FOR LEAVE TO FILE
`A SUPPLEMENTAL SUBMISSION INFORMING THE COURT OF LATER FACTUAL
`DEVELOPMENTS RELEVANT TO REGENERON’S PENDING § 295 MOTION
`
`
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`Defendant Mylan Pharmaceuticals Inc.’s (“Mylan”) moves for leave to file a brief
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`supplemental submission to update the Court on developments occurring after briefing closed with
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`respect to Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) Motion for Presumption Under 35
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`U.S.C. § 295 (Dkt. No. 299) (“Presumption Motion”), originally filed February 3, 2023. Mylan
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`filed its Opposition to said motion on February 17, 2023 (Dkt. No. 335), and Regeneron filed its
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`Reply on February 24, 2023 (Dkt. No. 337).
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`The basis for this motion is that Mylan has procured and produced the samples Regeneron
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`requested in its Presumption Motion, which have been available to Regeneron in its designated
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`testing facility since March 15, 2023. Mylan thus seeks leave from the Court to submit a brief
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`supplemental filing detailing these recent developments, which Mylan believes to be relevant to
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`Regeneron’s pending motion. Mylan respectfully requests that the Court grant Mylan leave to file
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`its supplemental submission attached hereto.
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`Case 1:22-cv-00061-TSK-JPM Document 364 Filed 03/24/23 Page 2 of 3 PageID #: 21832
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`Respectfully submitted this 24th day of March, 2023.
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`STEPTOE & JOHNSON PLLC
`
`Counsel for Defendant Mylan Pharmaceuticals Inc.
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`By: /s/ Gordon H. Copland
`Gordon H. Copland (WVSB #828)
`William J. O’Brien (WVSB #10549)
`400 White Oaks Boulevard
`Bridgeport, WV 26330
`(304) 933-8162
`gordon.copland@steptoe-johnson.com
`william.obrien@steptoe-johnson.com
`
`
`
`Of Counsel (admitted pro hac vice):
`William A. Rakoczy
`Deanne M. Mazzochi
`Heinz J. Salmen
`Eric R. Hunt
`Jeff A. Marx
`Neil B. McLaughlin
`Lauren M. Lesko
`L. Scott Beall
`Thomas H. Ehrich
`Steven J. Birkos
`Katie A. Boda
`Abraham J. Varon
`Jake R. Ritthamel
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Telephone: (312) 222-6301
`wrakoczy@rmmslegal.com
`dmazzochi@rmmslegal.com
`hsalmen@rmmslegal.com
`ehunt@rmmslegal.com
`jmarx@rmmslegal.com
`nmclaughlin@rmmslegal.com
`llesko@rmmslegal.com
`sbeall@rmmslegal.com
`tehrich@rmmslegal.com
`sbirkos@rmmslegal.com
`kboda@rmmslegal.com
`avaron@rmmslegal.c
`jritthamel@rmmslegal.com
`
`
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`Case 1:22-cv-00061-TSK-JPM Document 364 Filed 03/24/23 Page 3 of 3 PageID #: 21833
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`CERTIFICATE OF SERVICE
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`I certify that on the 24th day of March 2023, I served the foregoing “Defendant Mylan
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`Pharmaceuticals Inc.’s Motion for Leave to File a Supplemental Submission Informing the Court
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`of Later Factual Developments Relevant to Regeneron’s Pending § 295 Motion” on counsel of
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`record by electronically filing the same with the Clerk using the Court's CM/ECF system, which
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`will send notice thereof to all counsel of record.
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`
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`
` /s/ Gordon H. Copland
`Gordon H. Copland (WVSB #828)
`STEPTOE & JOHNSON PLLC
`400 White Oaks Boulevard
`Bridgeport, WV 26330
`(304) 933-8162
`william.obrien@steptoe-johnson.com
`
`
`
`
`
`Attorney for Defendant
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`
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