`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19801- 0951
`302 984 6000
`www.potteranderson.com
`
`Bindu A. Palapura
`Partner
`Attorney at Law
`bpalapura@potteranderson.com
`302 984-6092 Direct Phone
`302 658-1192 Firm Fax
`
`March 28, 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
`
`Re: Genentech, Inc., et al. v. Samsung Bioepis Co., Ltd.
`C.A. No. 18-1363-CFC
`
`Dear Judge Connolly:
`
`We represent defendant Samsung Bioepis Co., Ltd. (“Bioepis”) in the above referenced matter.
`We write to notify Your Honor that there are two disputed claim terms in this matter which are
`also at issue in the Avastin® patent litigation, Genentech, Inc. et al. v. Amgen, Inc., C.A. No. 17-
`1407-CFC (D. Del.). Bioepis has offered the same construction as Amgen for one of these
`overlapping terms, but a different construction for the other term (“following fermentation”). See
`D.I. 78 at 63. We also note that there is an additional claim term from this patent that is at issue
`in the Bioepis matter but not at issue in the Avastin® case. See D.I. 78 at 84.
`
`We understand that the Markman hearing in the Avastin® case is scheduled to take place on April
`2, 2019. We therefore respectfully request that Your Honor reserve judgement on the claim term
`for which Bioepis has offered a different construction than Amgen until after the Markman hearing
`in the Bioepis matter on April 24, 2019.
`
`We are available to discuss this matter further at Your Honor’s convenience.
`
`Respectfully,
`
`/s/ Bindu A. Palapura
`
`Bindu A. Palapura
`
`BAP/msb/6125462/45001
`cc:
`Clerk of the Court (via hand delivery)
`Counsel of Record (via electronic mail)
`
`
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