`
`Filed 01/23/19
`
`Page 1 of 2 PagelD #: 9099
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH,INC., AND CITY OF HOPE,
`
`Plaintiffs,
`
`V.
`
`SAMSUNGBIOEPIS CoO., LTD.,
`
`Defendant.
`
`a_i
`
`C.A. No. 18-1363-CFC
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`JURY TRIAL DEMANDED
`
`PUBLIC VERSION
`
`LETTER TO THE HONORABLE COLM F. CONNOLLY
`FROM BINDU A. PALAPURA
`
`OF COUNSEL:
`
`Dimitrios T. Drivas
`Scott T. Weingaertner
`Amit H. Thakore
`Holly Tao
`WHITE & CASE LLP
`1221 Avenue of the Americas
`New York, New York 10020-1095
`Tel: (212) 819-8200
`
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byme (#4446)
`Jennifer Penberthy Buckley (#6264)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6" Floor
`1313 N. MarketStreet
`Wilmington, DE 19801
`Tel: (302) 984-6000
`
`dmoore@potteranderson.com
`
`bpalapura@potteranderson.com
`sobyme@potteranderson.com
`
`jbuckley@potteranderson.com
`
`Dated: January 14, 2019
`Public Version Dated: January 23, 2019
`6052574 / 45001
`
`Attorneysfor Defendant Samsung Bioepis Co.,
`Ltd.
`
`
`
`Case 1:18-cv-01363-CFC
`
`Document 64
`
`Filed 01/23/19
`
`Potter
`
`= Corroon up
`Di Anderson
`
`Page 2 of 2 PagelD #: 9100
`1313 North Market Street
`P.O, Box 951
`Wilmington, DE 19801- 0951
`302 984 6000
`wwv.potteranderson.com
`
`Bindu A. Palapura
`Partner
`
`Attorney at Law
`bpalapura@potteranderson.com
`302 984-6092 Direct Phone
`302 658-1192 Firm Fax
`
`January 14, 2019; Public Version Dated: January 23, 2019
`
`VIA ELECTRONIC FILING
`
`The Honorable Colm F. Connolly
`United States District Judge
`J. Caleb Boggs Federal Building
`844 N. King Street
`Unit 31, Room 4124
`Wilmington, DE 19801-3555
`
`PUBLIC VERSION
`
`Re:
`
`Genentech, Inc., et al. v. Samsung Bioepis Co., Ltd.
`CA. No. 18-1363-CFC
`
`Dear Judge Connolly:
`
`Werepresent defendant Samsung Bioepis Co., Ltd. (“Bioepis”) in the above referenced matter.
`Bioepis recently became awarethat its proposed Herceptin® biosimlar product (Ontruzant®) may
`
`receive FDA approvalas early as January 17, 2019. Pursuant to 42 U.S.C. § 262()(8)(A), Bioepis
`provided 180-day notice of commercial marketing to Plaintiffs on
`
`Accordingly, Bioepis may not launch Ontruzant in the United States prior to
`
`
`
`notify the Court ifcircumstances change so that the Court can determine whether anyadjantments
`
`to the current schedule are necessary.
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`Weare available to discuss this matter further at Your Honor’s convenience.
`
`Respectfully,
`
`/s/ Bindu A. Palapura
`
`Bindu A. Palapura
`
`BAP/msb/6052574/45001
`
`cc:
`
`Clerk of the Court (via hand delivery)
`Counsel of Record (via electronic mail)
`
`
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