`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC and CITY OF HOPE,
`
`Plaintiffs,
`
`v.
`
`SAMSUNG BIOEPIS CO., LTD.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 18-1363-CFC
`
`PUBLIC VERSION
`
`DECLARATION OF ANDREW J. DANFORD
`
`I, Andrew Danford, declare as follows:
`
`1.
`
`I am a partner of the law firm Wilmer Cutler Pickering Hale and Dorr LLP,
`
`counsel for Genentech, Inc. and City of Hope (“Plaintiffs”) in the above-captioned action. I am a
`
`member in good standing of the Bars of the Commonwealth of Massachusetts and State of New
`
`York, and I am admitted to appear before this Court pro hac vice in this matter. I respectfully
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`submit this declaration in support of Plaintiffs’ Motion to Dismiss Count IX of Defendant’s
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`Counterclaims Regarding Unenforceability of U.S. Patent No. 6,407,213.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a Final Written
`
`Decision by the Patent Trial and Appeal Board in Pfizer, Inc. and Samsung Bioepis Co., Ltd. v.
`
`Genentech, Inc., No. IPR2017-01488, Paper 87 (PTAB Nov. 29, 2018).
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of a Final Written
`
`Decision by the Patent Trial and Appeal Board in Pfizer, Inc. and Samsung Bioepis Co., Ltd. v.
`
`Genentech, Inc., No. IPR2017-01489, Paper 84 (PTAB Nov. 29, 2018).
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of excerpts from a letter
`
`from A. Thakore to E. Whelan, re: Samsung’s 42 U.S.C. § 262(l)(3)(B)(iii) Detailed Factual and
`
`1
`
`
`
`Case 1:18-cv-01363-CFC Document 54 Filed 01/04/19 Page 2 of 3 PageID #: 7023
`Case 1:18-cv-01363-CFC Document54
`Filed 01/04/19
`Page 2 of 3 PagelD #: 7023
`
`Legal Bases of Non-Infringement and Invalidity, dated June 22, 2018, excluding portions
`
`unrelated to Samsung’s disclosures regarding U.S. Patent No. 6,407,213.
`
`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of U.S. Patent No.
`
`6,407,213, including the Certificate of Correction dated December 3, 2002.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed on
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`December 10, 2018 at Boston, Massachusetts.
`
`
`“Andrew J. Danford
`
`
`
`Case 1:18-cv-01363-CFC Document 54 Filed 01/04/19 Page 3 of 3 PageID #: 7024
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 10, 2018, copies of the foregoing were caused to be
`
`served upon the following in the manner indicated:
`
`David Moore
`Bindu Ann Palapura
`POTTER ANDERSON CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, Delaware 19801
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`
`Amit Thakore
`Dimitrios T. Drivas
`Holly Tao
`Scott T. Weingaertner
`WHITE & CASE LLP
`1221 Avenue of the Americas
`New York, New York 10020-1095
`athakore@whitecase.com
`ddrivas@whitecase.com
`holly.tao@whitecase.com
`sweingaertner@whitecase.com
`
`/s/ Jason J. Rawnsley
`Jason J. Rawnsley (#5379)
`rawnsley@rlf.com
`
` ""
`
`
`
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