EFiled: Jul 06 2022 11:16AMEDI“
`Transaction ID 67793372={9
`Sele L
`Case No. 2022-0291-MTZ eeCeaye
`IN THE COURT OF CHANCERYOF THE STATE OF DELAWARE
`aa
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`C.A. No. 2022-0291-MTZ
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`_)
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`APOTEX INC. and APOTEX CORP.,
`
`Plaintiffs,
`
`v.
`
`OTSUKA PHARMACEUTICAL CO.
`LTD.,
`
`Defendant.
`
`SUBPOENA DUCES TECUM AND AD TESTIFICANDUM TO
`HEALTH NET OF CALIFORNIA,INC,
`
`TO:
`
`Health Net of California, Inc.
`c/o CT Corporation System
`330 N. Brand Blvd.
`Suite 700
`Glendale, CA 91203
`
`This subpoenais issued pursuant to Court of Chancery Rules 26, 34 and
`
`45. Court of Chancery Rules 45(c) and (d), attached hereto in Schedule A,set forth
`
`your protections and duties with respect to this subpoena.
`
`YOU ARE HEREBY COMMANDEDtorespond in writing to this
`
`subpoenaand to produce the documents andtangible things in Schedule B within 14
`
`days of service of this subpoenaat the offices of Hogan Lovells US LLP, 1999
`
`Avenueofthe Stars, Suite 1400, Los Angeles, California 90067, or such other date,
`
`time, or location agreed upon bytheparties.
`
`EFiled: Jul 06 2022 11:16AM EDT
`Transaction ID 67793372
`Case No. 2022-0291-MTZ
`
`

`

`YOU ARE HEREBY FURTHER COMMANDEDto produce for
`
`deposition(s) the person or persons most knowledgeable regarding the topics set
`
`forth in the attached Schedule C. The deposition(s) will commence according to a
`
`date, time, and location as are mutually agreed to by counsel or ordered by the Court.
`
`The deposition(s) will be conducted before a notary public (who may be present
`
`through remote means) or other person authorized by law to administer oaths and
`
`will be recorded by stenographic and video transcription. The deposition(s) will
`
`continue from day to day until completed.
`
`Attached as Schedule D hereto is a copy of the Stipulation and Order
`
`for
`
`the Production and Exchange of Confidential and Highly Confidential
`
`Information, which was entered by the Court on April 28, 2022.
`
`HOGAN LOVELLSUS LLP
`
`/s/ Scott R. Haiber
`Scott R. Haiber (#2995)
`HOGAN LOVELLSUS LLP
`100 International Drive
`Suite 2000
`Baltimore, MD 21202
`(410) 659-2700
`Attorneysfor Defendant Otsuka
`Pharmaceutical Co., Ltd.
`
`June 22, 2022
`
`

`

`
`
`BYFAX
`
`
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,State Bar number, and address)
`
`cott R. Haiber (Delaware State Bar #2995)
`100 International Drive, Suite 200
`Baltimore, MD 21204
`FAX NO.
`TELEPHONENO.: 440-659-2700
`E-MAIL ADDRESS: scott.haiber@hoganlovells.com
`ATTORNEY FOR(Name): Otsuka Pharmaceutical Co., Ltd.
`Court for county in which discovery is to be conducted:
`SUPERIOR COURT OF CALIFORNIA, COUNTY oF Los Angeles
`STREET ADDRESS: 9425 Penfield Ave.
`MAILING ADDRESS: 9425 Penfield Ave.
`CITY AND zIP CODE: Chatsworth, CA 91311
`BRANCH NAME: Chatsworth Courthouse, Civil Unlimited
`Court in which action is pending:
`Nameof Court: Delaware Court of Chancery
`streeT appress: 500 North King Street
`MAILING ADDRESS: 500 North King Street
`CITY, STATE, AND ZIP CODE: Wilmington, DE 19801
`COUNTRY: United States
`
`PLAINTIFF/PETITIONER: Apotex Inc. and Apotex Corp.
`DEFENDANT/RESPONDENT: Otsuka Pharmaceutical Co., Ltd.
`
`SUBP-045
`
`PORONTONY
`
`(443) 839 5868
`
`CALIFORNIA CASE NUMBER(if any assigned by court):
`
`DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND
`PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED
`INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA
`
`CASE NUMBER (of action pending outside California)
`2022-0291-MTZ
`
`Address:
`
`Time: 2:00 pm
`
`THE PEOPLEOF THE STATE OF CALIFORNIA, TO (name, address, and telephone numberof deponent, if known):
`Health Net of California, Inc., c/o CT Corporation System, 330 N. Brand Blvd., Ste. 700 Glendale CA
`1. YOU ARE ORDEREDTO APPEARIN PERSONTO TESTIFY AS A WITNESSin this action at the following date,time,
`and place:
`
`
`1999 Avenueof the Stars, Suite 1400, Los Angeles CA 90067
`Date: August 25, 2022
`This is a placeholder deposition date, time, and location. Otsukawill confer with Health Net to
`
`determine a mutually agreeable alternative.
`
`a. L¥_] Asa deponentwhois not a natural person, you are ordered to designate one or more personsto testify on your behalf as
`to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
`b. LZ] Youare ordered to produce the documents,electronically stored information, and things describedin item 3.
`c. This deposition will be recorded stenographically val through the instant visual display of testimony
`andby [v_] audiotape
`[_] videotape.
`2. The personal attendanceof the custodian or other qualified witness and the production ofthe original records are required by this
`subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemedsufficient compliance
`with this subpoena.
`3. The documents, electronically stored information, and things to be produced and any testing or sampling being sought are described
`as follows((if electronically, “fpre information is required, the form or forms in which each type ofinformationis to be produced
`may be specified):
`ee Attachmen
`
`[¥_] Continued on Attachment 3 (use form MC-025).
`If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
`as follows:
`
`4.
`
`See Attachment 4
`
`L¥_] Continued on Attachment 4 (use form MC-025).
`5. Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number, and name of party
`represented):
`JamesL. Higgins, Taylor E. Hallowell (Attorneys for Apotex Inc. and Apotex Corp.)
`1000 North King Street, Wilmington DE 19801; Tel: (302) 571-6600
`[¥_] Continued on Attachment 5 (use form MC-0285). Page 1 of 2
`Form Adopted for Mandatory Use
`DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND. “222 of Civil Procedure, §§ 2029.100-200,
`SUBP-045ReeJaren)212}
`PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED “2028.620GovermentGoce: eeaoer|
`INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA
`wuw.courts.ca.gov
`
`

`

`7.
`
`SUBP-045
`
`
`CASE NUMBER:
`PLAINTIFF/PETITIONER: Apotex Inc. and Apotex Corp.
`DEFENDANT/RESPONDENT: Otsuka Pharmaceutical Co., Ltd.
`
`
`6. L¥] Other termsor provisions from out-of-state subpoena,if any (specify):
`See Attachment6 for Definitions/Instructions for subpoena.
`[Z] Continued on Attachment 6 (use form MC-025).
`If you have been served with this subpoena as a custodian of consumeror employee records under CodeofCivil
`Procedures section 1985.3 or 1985.6 and a motion to quashor an objection has been served on you, a court order or
`agreementof the parties, witnesses, and consumeror employee affected must be obtained before you are required to
`produce consumeror employeerecords.
`8. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
`later they are transcribed forpossible use attrial. You may read the written record and change any incorrect answers before you
`sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
`the option ofthe party giving notice of the deposition, either with service ofthis subpoenaorat the time of the deposition. Unless the
`court orders or you agree otherwise, ifyou are being deposedasanindividual, the deposition must take place within 75 miles of
`your residence. The location of the deposition forall deponents is governed by Code ofCivil Procedure section 2025.250.
`
`DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHI DASCONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
`
`
`
`
`
`FOR THE SUM OF $500 AND ALL DAMS
`LETING FROM YOUR FAILURE To
`C—O
`
`
`
`
`
` Date issued: JUN 24 2099
`
`% 2
`
`
`
`iy
`(TITLE
`(TYPE OR PRINT NAME)
`A Le
`
`
`NA APPEARANCE AND PRODUCTION OF DOCUMENTS,
`PROOF OF SERVICE OF DEPOSITION SUBPOENAFOR:
`ELECTRONICALLY STGREDINFORMATION, AND THINGS
`ofr wees
`:
`.
`.
`1.
`| served this Deposition Subpoena for Personal Appearance.aridProduction ofDocuments, Electronically Stored Information, and
`Things in Action Pending Outside California by personally delivering a copy to the personservedasfollows:
`a. Person served (name):
`
`b. Address where served:
`
`c. Date ofdelivery:
`d. Time of delivery:
`e. Witness fees and mileage both ways (check one):
`(1) ] were paid. Amount: ...........
`$
`(2) CJ] werenotpaid.
`(3) (__] were tendered to the witness's public entity employer as required by Government Code section 68097.2. The
`amount tendered was (specify):
`$
`$
`f. Fee for service: ......................
`2.
`| received this subpoenafor service on (date):
`3. L_] lalso served a completed Proof of Service ofNotice to Consumeror Employee and Objection (form SUBP-025)
`by personally delivering a copy to the person served as described in 1 above.
`4 Person serving:
`a. CL] Nota registered California process server
`b. LJ California sheriff or marshal
`c
`Registered California process server
`d. CL] Employee or independent contractor of a registered California process server
`e
`Exemptfrom registration under Business and Professions Code section 22350(b)
`f. Name, address, telephone number, and,if applicable, county of registration and number.
`
`I declare under penalty of perjury underthe lawsof the State of
`California that the foregoingis true and correct,
`Date:
`
`(For California sheriff or marshal use only)
`I certify that the foregoing is true and correct.
`Date:
`
`(SIGNATURE)
`(SIGNATURE)
`DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND
`SUBP-045 [Rev. January 1, 2012]
`PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED
`INFORMATION, AND THINGSIN ACTION PENDING OUTSIDE CALIFORNIA
`
`Page 2 of 2
`
`

`

`MC-025
`SHORTTITLE:
`CASE NUMBER:
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`2022-0291-MTZ
`
`ATTACHMENT(Number): 3
`(This Attachment may be used with any Judicial Council form.)
`
`DOCUMENT REQUESTS
`
`REQUEST NO.1: All Documents and Communications relating to
`Your claims and reimbursementpolicies regarding Samsca, Jynarque, the AG Product, and generic tolvaptan,
`including but notlimited to any policy in which You required patients to be placed onatrial of generic
`tolvaptan before being entitled to reimbursementfor Jynarque.
`
`REQUESTNO.2: All Documents and Communications relating to
`Your claims and reimbursementdata for Samsca, Jynarque, the AG Product, and generic tolvaptan, including
`butnot limited to: (a) all claims records, includingpaid, unpaid, rejected, and in-progressclaims: (b) claim
`disposition codes,including the claim record number, payment codes, rejection codes, and prior authorization
`codes; (c) prescriber records, including the name, location, and physician NPIassociated with the prescribing
`physician; (d) patient records, including the de-identified patient ID number,patient encounter dates, and
`patient diagnosis codes (ICD-10); (e) pharmacyrecords, including the name, address, and NPI numberofthe
`pharmacyorother entity that fulfilled the prescription; (f) prescription records, including the prescription
`numberandthedate the prescription was prescribed,filled, and paid for; (g) the drug name, NDC, and
`prescribed dosage;(h) the health plan under which coverage was approvedor denied, including the plan name
`and identification; (i) the insurancepolicyrelied upon to approve or deny coverage; and (j) the date You
`approved or denied coverage.
`
`REQUESTNO.3: All Documents and Communications with Apotex
`or any other third-party regarding Samsca, Jynarque, the AG Product, and/or generic tolvaptan.
`
`REQUESTNO.4: All Documents and Communications with Apotex
`or any other third-party regardingthis Litigation.
`
`Page
`|
`of
`|
`(If the item that this Attachment concerns is made under penalty ofperjury, all statementsin this
`
`(Add pagesas required)
`Attachment are made underpenalty ofperjury.)
`
`Form Approved for Optional Use
`ATTACH MENT
`www.courtinfo.ca.gov
`Judicial Council of California
`wo.
`.
`MC-025[Rev. July 1, 2009}
`to Judicial Council Form
`
`

`

`2022-0291-MTZ
`
`SHORTTITLE:
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`
`CASE NUMBER:
`
`ATTACHMENT (Number): 4
`(This Attachment may be used with any Judicial Council form.)
`MATTERS FOR TESTIMONY
`
`Unless otherwise provided,all capitalized terms herein shall have the meanings defined in “Schedule B”to the
`Subpoena. Health Netis requested to designate one or moreofficers, directors, agents, employees, or other
`personsto testify on its behalf concerning the following topics:
`
`1. Your claims and reimbursementpolicies regarding Samsca, Jynarque, the AG Product, and generic
`tolvaptan, including butnot limited to any policy in which You required patients to be placed ona trial of
`generic tolvaptan before being entitled to reimbursement for Jynarque.
`
`2. Your claims and reimbursement data for Samsca, Jynarque, the AG Product, and generic tolvaptan,
`including but notlimited to the specific categories of information sought in Document Request No.2.
`
`3. Communications with Apotex or any other third-party regarding Samsca, Jynarque, the AG Product, and/or
`generic tolvaptan.
`
`4. Communications with Apotex or any otherthird-party regarding this Litigation.
`
`(if the item that this Attachment concerns is made under penalty ofperjury, all statements in this
`Attachment are made under penalty ofperjury.)
`Form Approved for Optional Use
`Judicial Council of California
`MC-025 jRev. July 1, 2009]
`
`ATT.ACH MENT
`oe
`.
`to Judicial Council Form
`
`
`Page
`|
`of
`1
`(Add pages as required)
`www.courtinfo.ca.gov
`
`

`

` SHORT TITLE:
`
`CASE NUMBER:
`
`MC-025
`
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`
`2022-0291-MTZ
`
`ATTACHMENT(Number): 5
`
`(This Attachment may be used with any Judicial Council form.)
`
`Attorneys (con't)
`
`Attorneys for Plaintiffs Apotex Inc. and Apotex Corp.
`D. Jacques Smith
`Taniel E. Anderson
`Michael F. Dearington
`Pascal F. Naples
`ARENTFOX SCHIFF LLP
`1717 K Street, NW
`Washington, DC 20006
`
`Attorneys for Defendant Otsuka Pharmaceutical Corp.
`Steven F. Barley
`Scott R. Haiber (#2995)
`HOGAN LOVELLS US LLP
`100 International Drive
`Suite 2000
`Baltimore, MD 21202
`(410) 659-2700
`
`(If the item that this Attachment concerns is made under penalty of perjury, all statementsin this
`Attachment are made underpenalty of perjury.)
`
`Form Approved for Optional Use
`Judicial Council of California
`MC-025[Rev.July 1, 2009}
`
`ATT.ACH MENT
`wo.
`.
`to Judicial Council Form
`
`Page
`
`1
`
`of
`
`
`1
`
`(Add pages as required)
`www.courtinfo.ca.gov
`
`

`

`2022-0291-MTZ
`
`MC-025
`
`SHORTTITLE:
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`
`CASE NUMBER:
`
`ATTACHMENT(Number): ©
`(This Attachment may be used with any Judicial Council form.)
`
`DEFINITIONS
`
`Unless otherwise defined, all words and phrases used herein shall be accorded their usual meaning andshall be
`interpreted in their common,ordinary sense.
`1. The terms “Health Net,” “You,” “Your,” or “Yours”refer to
`Health Net of California, Inc., and its officers, employees, agents, representatives, advisors, attorneys, and
`consultants.
`
`2. The terms “Defendant” or “Otsuka” refer to Otsuka
`Pharmaceutical Co., Ltd., andits officers, employees, agents, representatives, advisors, attorneys, and
`consultants.
`
`3. The terms “Plaintiff” or “Apotex”refer to Apotex. Inc. or Aptex Corp., and their officers, employees,
`agents, representatives, advisors, attorneys, and consultants.
`
`4. “AG Product” meansthe authorized generic version of Otsuka’s15 mg and 30 mg Samscaproduct.
`
`5. “Jynarque” meansthe Otsuka branded product sold under that name, containing tolvaptanas the active
`ingredient.
`
`6. “Samsca” meansthe Otsuka branded productsold under that name, containing tolvaptan as the active
`ingredient.
`
`7. The term “this Action”or“this Litigation” shall refer to the lawsuit filed in the Court of Chancery for the
`State of Delaware, styled Apotex Inc.et al., v. Otsuka Pharmaceutical Co., Ltd., C.A. No. 2022-0291 (MTZ)
`(Del. Ch.).
`
`8. The terms“all,” “any,” and “each” shall each be construed as encompassing any andall.
`
`9. The terms “and” and “or” shall be construed either conjunctively or disjunctively as necessary to bring
`within the scope of the Requestall responses that might otherwise be construed to be outside of its scope.
`
`10. “Communication” or “Communications” means any recording ofany transfer of information, ideas,
`opinions, or thoughts made by any means, at any timeor place, under any circumstances. Communication is
`not limited to direct transfers between Persons but includes other transfers and memorializations, such as
`records, memorandato file, electronic or magnetic transfers of computerfiles, facsimile transmissions, and
`teletype transmissions. Communication may be embodiedin any means or media, including writing, electronic
`or magnetic storage of computerfiles, electronic mail, texting, voicemail, answering machine, digital
`recording, sound recording, and facsimile transmission.
`
`11. “Concerning” shall meanrelating to, referring to, describing, evidencing, constituting, pertainingto,
`discussing, responding to, supporting, contradicting, embodying, memorializing, mentioning, and/or reflecting.
`
`(If the item thatthis Attachment concerns is made under penaity ofperjury, all statements in this
`Attachment are made under penalty of perjury.)
`Form Approved for Optional Use
`Judicial Council of California
`MC-025 [Rev. July 1, 2009]
`
`ATTACH MENT
`.
`.
`to Judicial Council Form
`
`
`5
`of
`1
`Page
`(Add pages as required)
`www.courtinfo.ca.gov
`
`

`

`SHORTTITLE:
`
`CASE NUMBER: Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`
`MC-025
`
`2022-0291-MTZ
`
`ATTACHMENT(Number): 6
`
`(This Attachment may be used with any Judicial Council form.)
`
`DEFINITIONS(con't)
`
`12. “Document” shall have the broadest meaning possible under the Delaware Court of Chancery Rules, and
`includeall writings of any nature whatsoever, whetheroriginals or copies, including all non-identical copies
`(whether different from their original because of notes made on or attached to them or otherwise), whether
`drafts, preliminary, proposedor final versions, whether printed, recorded, produced or reproduced by any other
`mechanicalor electronic process or produced by hand, within Your possession, custody or control, including
`without limitation, any andall writings, drawings, graphs, charts, photographs, sound recordings, images, and
`other data or data compilations stored in any medium from which information can be obtainedeither directly
`or, if necessary, after translation by the respondingparty into a reasonably useable form, or any designated
`tangible things including, but not limited to, any electronic or computerized data compilations.
`
`13. “Includes” and “Including”shall be construed to mean “including without limitation”or “including, but
`not limited to.”
`
`14. “Person”or “Persons” shall be construedto be plural as well as singular and shall mean any natural person,
`firm, corporation, partnership, association orotherfirm, legal entity or governmental body,includingits
`members, employees, corporate parents, subsidiaries, officers, affiliates, attorneys, agents, and representatives,
`and its successors, predecessors, subsidiaries, and assigns.
`
`15. The use of the singular form of any word includesthe plural and vice versa; and the use of the masculine
`gendershall include the feminine and neuter genders and vice versa.
`
`(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
`Attachment are made under penalty ofperjury.)
`Judicial Council of California
`Form Approved for Optional Use
`MC-025[Rev. July 1, 2009]
`
`ATT.ACH MENT
`to Judicial Council Form
`
`
`5
`of
`2
`Page
`(Add pagesas required)
`www.courtinfo.ca.gov
`
`

`

`2022-0291-MTZ
`
`MC-025
`
`SHORTTITLE:
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`
`CASE NUMBER:
`
`ATTACHMENT(Number): 6
`
`(This Attachment may be used with any Judicial Council form.)
`
`INSTRUCTIONS
`
`1. Please produce Documents, including electronically stored information, in single page Group IV TIFFfiles
`with an accompanying OPTfile, subject to the exceptions described below. Each TIFF should be namedfor
`the Bates numbercorrespondingto the first page of the Document. Each imageor pageshall bear identifying
`Bates numbers. TIFF files should be in a directory called “IMAGES.” Optical Character Recognition
`(“OCR”) or extracted text shall be provided for each Documentin the form of Documentlevel text files named
`for the Bates number correspondingto the first page of the Document. Do not includetextin the loadfile.
`Text files should be in a directory called “TEXT.” A Concordancedata load file (DAT file) must be delivered
`with the following metadata fields: BegBates, EndBates, BegAttch, EndAttch, Custodian, DocType, Filename,
`Author, From, To, Recipients, CC, BCC, PageCount, OrigFileName, SortDate, Date Sent, Time Sent, Date
`Received, Time Received, Date Created, Time Created, Date Last Modified, Time Last Modified, Folder,
`FileSize, MDS5Hash,and Native. Loadfiles will use standard Concordance delimiters. Data load files should
`be in a directory called “DATA.” The association between emails and their attachments should be preserved.
`The producing party shall produce email attachments sequentially after the parent email. Loadfiles shall
`maintain a cross reference between the parent and any children (BegAttch /EndAttch). All Excel files and
`other file types that cannot be reasonably reviewed in image format shall be producedin native format. Files
`produced in native format should be accompaniedbya single page placeholder imagereferencing the Bates
`numberofthe native. Native files will be named for the corresponding Bates number(e.g.,
`“ABC00000001.xls”). Native files should be in a directory called “NATIVES.” Use subfolders in the
`NATIVES, IMAGES, and TEXTfolders to keep the file count in each folder below 2,000 files. Any
`production shall be contained on one or more CDs, DVDsorother external storage device, and shall include
`image boundaries that correspond, to the extent reasonably possible, to the contents of the actual Document.
`Defendant may seek supplemental production ofnative files for any produced images that are deemed
`unusable, unsearchable, or unduly burdensome.
`
`2. In responding to these Requests, You shall produce all responsive Documents in Your possession, custody,
`or control or in the possession, custody, or control of Your agents or other representatives. A Documentshall
`be deemedto be within Your control if You havethe ability to secure the Documentor a copy ofthe
`Documentfrom another Person having possession or custody of the Document.
`
`3. You should respond to each Request separately, completely, and fully. You should produce any responsive
`Documents as they are kept in the ordinary course of business or organize and label them to correspond with
`the categories to which theyrelate.
`
`4. Documents shall be produced in their entirety, without abbreviation or expurgation, includingall
`attachments, or other matters affixed thereto.
`
`5. Documents shall be produced and numbered in such a mannerthat ensures that the source of each Document
`may be determined. Documents should be Bates numbered.
`
`(If the item that this Attachment concerns is made under penalty ofperjury, all statementsin this
`Attachment are made under penalty of perjury.)
`
`Form Approved for Optional Use
`Judicial Council of California
`MC-025[Rev. July 1, 2009]
`
`ATT,AC H M ENT
`oe
`.
`to Judicial Council Form
`
`Page
`
`3
`
`of
`
`
`5
`
`(Add pages as required)
`www.courtinfo.ca.gov
`
`

`

`2022-0291-MTZ
`
`MC-025
`
`SHORTTITLE:
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`
`CASE NUMBER:
`
`ATTACHMENT(Number): ©
`(This Attachment may be used with any Judicial Council form.)
`
`Instructions (con't)
`
`6. Any Documents not otherwise responsive to these Requests shall be produced if such Documentsreferto,
`relate to, or explain the Documentscalled for by these Requests or if such Documents are attached to
`Documentscalled for by these Requests andconstitute routing slips, transmittal memorandaorletters,
`comments, evaluations, or similar Documents.
`
`7. If any Document requested herein was formerly in Yourpossession, custodyor control, and has been lost or
`destroyed or otherwise disposed of, you are requested to submit, in lieu of any such Document, a written
`statement: (a) describing in detail the nature of the Document and its contents; (b) identifying the Person(s)
`who prepared or authored the Document and,if applicable, the Person(s) to whom the Document wassent, (c)
`specifying the date on which the Documentwaspreparedor transmitted; and (d) specifying the date on which
`the Document waslost or destroyed and, if destroyed, the conditions of and reasons for such destruction and
`the Person(s) performing the destruction.
`
`8. If any responsive Documenthas been modified or altered in any way, in wholeorin part, please identify
`each such Document and state how the Document was modified or altered, the Person who modified or altered
`it, and why the Document was modified oraltered.
`
`9. If, in responding to these Requests, You claim any ambiguity in interpreting either the Requests or a
`Definition or Instruction applicable thereto, such claim shall not be utilized by Youasa basis for refusing to
`respond;instead, You mustinclude, as part of Your response, the language You deem to be ambiguous, and
`the interpretation You choseor used in responding to these Requests.
`
`10. If Your responseto a particular demandis an objection, You mustset forth in Your response the extentof,
`and the specific groundfor, the objection. Any Request to which an objection is made should be responded to
`insofar as it is not deemed objectionable.
`
`11. If any Documentis withheld in whole orin part by reasonof a claim ofprivilege or any other claim of
`immunity from discovery, then at the time the Document requestedis to be produced,a list is to be furnished
`identifying the Bates number of any such Documentwithheld, together with the following information as to
`each such Document: (1) the date of each Document; (2) the name andjob title of each author, writer or sender
`of the Document; (3) the name and job title of each recipient, addressee or other Person to whom the original
`or any copy of the Document wassentor furnished; (4) thetitle of the Document; (5) the general subject
`matter of the Document; (6) the basis for the claim ofprivilege or immunity from discovery; and (7) the
`Document Request to which such Documentis responsive.
`
`12. If a portion of any otherwise responsive Documentorother material contains informationsubjectto a claim
`of privilege, those portions of the Document or other material subject to the claim of privilege shall be deleted
`or redacted from the Documentandthe rest of the Document or material shall be produced.
`
`(If the item that this Attachment concerns is made underpenalty ofperjury, all statements in this
`Attachment are made under penalty of perjury.)
`
`Form Approved for Optional Use
`Judicial Council of California
`MC-025 [Rev. July 1, 2009]
`
`ATTACHM ENT
`a
`.
`to Judicial Council Form
`
`
`5
`of
`4
`Page
`(Add pages as required)
`www.courtinfo.ca.gov
`
`

`

`2022-0291-MTZ
`
`MC-025
`
`SHORTTITLE:
`Apotex Inc. and Apotex Corp. v. Otsuka Pharmaceutical Co., Ltd.
`ATTACHMENT(Number): 6
`(This Attachment may be used with any Judicial Council form.)
`
`CASE NUMBER:
`
`Instructions (con't)
`
`13. Each Requestshall be deemedto include a request, in addition to the responsive Documents themselves,
`for any nonidentical copies or drafts of such Document, as well as transmittal sheets, coverletters, exhibits,
`enclosures or attachments to such Document.
`
`14. If there is no Documentresponsive to any particular Request orsubpart thereof, please state so in writing.
`
`15. No Request, or portion of a Request, should be construedaslimiting the scope of any other Request or any
`other portion of any other Request; however, if a Documentis responsive to more than one Request, You do
`not need to produce multiple copies of the same Document.
`
`16. Unless otherwise stated, the Relevant Time Period shall be from January 1, 2019 to present.
`
`(If the item that this Attachment concerns is made underpenalty ofperjury, all statementsin this
`Attachment are made under penalty of perjury.)
`Form Approved for Optional Use
`Judicial Council of California
`MC-025[Rev. July 1, 2009}
`
`ATT,AC H M ENT
`~
`oe
`.
`to Judicial Council Form
`
`5
`of
`5
`Page
`(Add pages as required)
`www. courtinfo,ca.gov
`
`

`

`(310) 785-4600
`
`HOGAN LOVELLS US LLP
`Scott R. Haiber (SBN 2995)
`1999 Avenue of the Stars Suite 1400
`Los Angeles, CA 900676022
`ATTORNEY FOR (Name): Defendant: OTSUKA PHARMACEUTICAL CO., LTD.
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`COUNTY OF LOS ANGELES - CHATSWORTH COURTHOUSE, CIVIL UNLIMITED
`COURT IN WHICH ACTION IS PENDING: DELAWARE COURT OF CHANCERY
`APOTEX INC. AND APOTEX CORP.
`PLAINTIFF/PETITIONER:
`DEFENDANT/RESPONDENT: OTSUKA PHARMACEUTICAL CO., LTD.
`HEARING DATE:
`TIME:
`DEPT/DIV.:
`August 25, 2022
`2:00 PM
`
`PROOF OF SERVICE
`
`CASE NUMBER:
`2022-0291-MTZ
`
`1.
`
`At the time of service I was 18 years of age and not a party to this action, and I served copies of the (specify document(s)):
`APPLICATION FOR DISCOVERY UBPOENA IN ACTION PENDING OUTSIDE CALIFORNIA;;
`DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS,
`ELECTRONICALLY STORED INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE
`CALIFORNIA;
`DELAWARE ISSUED SUBPOENA DUCES TECUM AND AD TESTIFICANDUM TO HEALTH NET OF
`CALIFORNIA, INC.;
`APPLICATION FOR DISCOVERY SUBPOENA IN ACTION PENDING OUTSIDE OF CALIFORNIA;
`
`2.
`
`a. Party Served:
`
`b. Person Served:
`
`c. Address:
`
`Health Net of California, Inc., c/o CT Corporation System, Agent for Service of process
`Service was received by John Montijo, Intake Specialist
`
`330 North Brand Boulevard, Suite 700
`Glendale, CA 91203
`
`3.
`
`I served the party in item 2
`
`a. By personally delivering the copies.
`
`4. Witness fees were not demanded and were not paid.
`
`5.
`
`Person Serving (name, address, and telephone No.):
`
`(1) on (date):
`(2) at (time):
`
`6/27/2022
`12:41 PM
`
`Danny Sor
`Ace Attorney Service, Inc.
`811 Wilshire Boulevard, Suite 900
`Los Angeles, CA 90017
`(213) 623-3979
`
`f. Fee for service: $
`c. Registered California Process Server.
`(1) Employee or independent contractor.
`(2) Registration No.: 2019104183
`(3) County : LOS ANGELES
`
`6.
`
`I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
`
`Date: July 1, 2022
`
`(signature)
`
`SUBP-045 [Rev. January 1,2012]
`
`Order#: 2078710/PROOF5
`
`PROOF OF SERVICE
`
`