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`- - -
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF WEST VIRGINIA
`
`
`REGENERON PHARMACEUTICALS, INC.,
`
` Plaintiff,
`
` vs. CASE NO.:
` 1:22-CV-61
`MYLAN PHARMACEUTICALS INC.,
`
` Defendant.
`
`- - -
`
` Proceedings had in the status conference of the
`above-styled action on Wednesday, September 28, 2022, before
`the Honorable Thomas S. Kleeh, Chief District Judge, at
`Clarksburg, West Virginia.
`
`
` APPEARANCES:
`
` On behalf of the Plaintiff via Zoom:
`
` David I. Berl
` Williams & Connolly LLP - Washington
` 680 Maine Avenue, SW
` Washington, DC 20024
` dberl@wc.com
`
` Steven Robert Ruby
` Carey, Douglas, Kessler & Ruby, PLLC
` 707 Virginia Street, East
` Suite 901
` Charleston, WV 25301
` sruby@cdkrlaw.com
`
` James Evans
` Petra Scamborova
` Regeneron Pharmaceuticals, Inc.
` 777 Old Saw Mill River Road
` Tarrytown, NY 10591-6717
` james.evans@regeneron.com
` petra.scamborova@regeneron.com
`
` APPEARANCES CONTINUED ON NEXT PAGE
`
`R a c h e l K o c h e r , R P R
`1 1 0 9 B r i e r c l i f f R o a d , B r i d g e p o r t , W V 2 6 3 3 0
`3 0 4 - 9 0 4 - 8 0 6 2
`
`Mylan Exhibit 1101
`Mylan v. Regeneron, IPR2022-01226
`Page 1
`
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`and their product. And following that we would proceed to
`expert discovery.
`Mylan has suggested that the expert discovery will be
`unwieldy, that we'll have innumerable experts. Just to be
`clear, Your Honor, that's not the case. We will not present to
`Your Honor anything like the boogeyman of a case that Mylan has
`presented in its papers. I've been doing this for two decades
`now. I have never presented to The Court 655 claims, or
`whatever the number is, for adjudication at trial. I would be
`shocked if we present more than a dozen claims to Your Honor
`for adjudication at trial.
`No fact finder, no matter how experienced and how
`intelligent, can keep 655 claims straight in his or her mind.
`And we don't pretend that you should be the first. So we will
`narrow the case substantially before trial. We think that
`should be done in a reasonable manner. We shouldn't have to
`pick and choose at this point, essentially playing roulette,
`before we have a claim construction proceeding and we have
`discovery. But following that fact discovery and claim
`construction proceeding, we will be prepared to narrow the case
`substantially, down to a small number of patents, somewhere in
`the range of four patents. And at that point we can proceed to
`trial on a small number of claims. Nowhere close to the
`hundreds of claims. Somewhere in the range of a dozen or two
`claims at that point. And we'll further narrow before trial.
`
`R a c h e l K o c h e r , R P R
`1 1 0 9 B r i e r c l i f f R o a d , B r i d g e p o r t , W V 2 6 3 3 0
`3 0 4 - 9 0 4 - 8 0 6 2
`
`Mylan Exhibit 1101
`Mylan v. Regeneron, IPR2022-01226
`Page 2
`
`
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