`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`No. 1:15-cv-00264-GMS
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`PUBLIC VERSION
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`)))))))))
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`HELSINN HEALTHCARE S.A. and
`ROCHE PALO ALTO LLC,
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`Plaintiffs,
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`v.
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`HOSPIRA, INC.,
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`Defendant.
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`DECLARATION OF DOMINICK T. GATTUSO
`IN SUPPORT OF DEFENDANT’S OPPOSITION TO
`PLAINTIFFS’ MOTION TO STAY THE SECOND-FILED CASE
`IN THE DISTRICT OF DELAWARE
`
`I, Dominick T. Gattuso, declare under perjury and penalty that:
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`1.
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`I am a member of the bar of the State of Delaware. I am admitted to practice
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`before this Court. I am a partner at Proctor Heyman Enerio LLP, 300 Delaware Ave., Suite 200,
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`Wilmington, DE 19801. I am counsel for Defendant Hospira, Inc. in this matter.
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`2.
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`I submit this declaration in support of Hospira, Inc.’s Opposition to Plaintiffs’
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`Motion to Stay the Second-Filed Case in the District of Delaware, submitted herewith.
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`3.
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`Attached as Exhibit 1 hereto is a true and correct, publicly-filed copy of Plaintiffs’
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`Amended Complaint for Patent Infringement, D.I. 22 (Case No. 3:15-cv-2077-MLC-DEA), filed
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`on June 30, 2015 in the District Court for the District of New Jersey.
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`4.
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`Attached as Exhibit 2 hereto is a true and correct copy of Defendants Hospira,
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`Inc. and Hospira Worldwide, Inc.’s Notice of Motion to Dismiss, D.I. 32 (Case No. 3:15-cv-
`
`2077-MLC-DEA), filed on November 13, 2015 in the District Court for the District of New
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`Jersey.
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`
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`Case 1:15-cv-00264-GMS Document 28 Filed 01/05/16 Page 2 of 2 PageID #: 640
`Case 1:15—cv—OO264—GMS Document 28 Filed 01/05/16 Page 2 of 2 Page|D #: 640
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`5.
`
`Attached as Exhibit 3 hereto is an excerpt taken from a true and correct copy of
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`the Final Pretrial Order, D.I. 299 (Case No. 3:11-cv-3962-MLC-DEA), filed on April 29, 2015 in
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`the District Court for the District of New Jersey.
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`6.
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`Attached as Exhibit 4 hereto is a true and correct copy of Plaintiffs’ Complaint for
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`Patent Infringement, D.I. 1 (Case No. 3:15-cv-7378-MLC-DEA), filed on October 8, 2015 in the
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`District Court for the District of New Jersey.
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`Executed this 28”‘ day of December, 2015, in Wilmington Delaware. I declare under
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`penalty of perjury that the foregoing is true and correct.
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` El; ' » »“‘<"«l I A
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`Dominick T. Gattuso
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`Ix)
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