Zeilberger, Daniel
`Chen, Joe; Yusem, Max
`bluebird-IPR-PH; Glynn, Michael W.; French-Brown, Wanda D.; Suh, Howard S.; McConnell, James H.; De La Cruz, Gilda
`RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`Wednesday, September 20, 2023 10:03:22 AM
`Bluebird - DRAFT Joint Stip to Revise Scheduling Order (IPR2023-00070).docx
`Bluebird - DRAFT Joint Stip to Revise Scheduling Order (IPR2023-00074).docx
`image001.png
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Joe,
`
`We are fine with adjusting the sur-reply deadline as you have requested. Draft stipulations are attached; please confirm we have
`your authorization to file them. Please also confirm what time Dr. Sadelain’s deposition will begin.
`
`Your position regarding Dr. Luzzatto, where you are not making him available for deposition but also not withdrawing reliance on his
`declaration, is improper, and we reserve all rights. See, e.g., Mexichem Amanco Holdings S.A. de C.V. v. Honeywell International, Inc.,
`IPR2013-00576, Paper No. 36 at 2-3 (P.T.A.B. Sept. 5, 2014) (explaining that “if [the party submitting a declaration] does not produce
`[the declarant] for cross-examination, we will give that Declaration little to no weight as [the other side] has not been offered a fair
`opportunity to challenge his testimony,” even where the witness “may reside [abroad] … where such action may require a court
`subpoena and/or invoke the Hague Convention”); Consolidated Trial Practice Guide, Nov. 2019, at 23 (“[A] party presenting a
`witness’s testimony by affidavit should arrange to make the witness available for cross-examination.”).
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Monday, September 18, 2023 2:48 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Hi Dan, We can agree to a one-week extension for the petitioner’s reply due date (i. e. , from October 24 to October 31) if you also agree to a one-week extension for the patent owner’s sur-reply due date (i. e. , from December 5 to December 12). 
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Dan,
`
`We can agree to a one-week extension for the petitioner’s reply due date (i.e., from October 24 to October 31) if you also agree to a
`one-week extension for the patent owner’s sur-reply due date (i.e., from December 5 to December 12).
`
`Regarding Dr. Luzzatto, as stated in our replies on 9/7/2023 and 9/11/2023, he will not be available for deposition and currently we
`have no plan to withdraw reliance on his declaration.
`
`Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: September 18, 2023 7:26 AM
`
`BLUEBIRD EXHIBIT 1068
`bluebird v. SKI
`IPR2023-00074
`
`Page 1 of 12
`
`

`

`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`We are available on October 20 to take the deposition of Dr. Sadelain. However, October 20 is only four days before the current due
`date for the petitioner’s reply. Therefore, we can only agree to an October 20 deposition if you can agree to a one-week extension
`for the petitioner’s reply due date (i.e., from October 24 to October 31). Please let us know.
`
`We also look forward to a response to our question regarding Dr. Luzzatto.
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Friday, September 15, 2023 1:58 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Hi Dan, Dr. Sadelain is available on October 20, 2023 for his deposition at WilmerHale’s New York office (250 Greenwich St 45th floor, New York, NY 10007). This is the only date he is available in the near term due to his very busy work schedule
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Dan,
`
`Dr. Sadelain is available on October 20, 2023 for his deposition at WilmerHale’s New York office (250 Greenwich St 45th floor, New
`York, NY 10007). This is the only date he is available in the near term due to his very busy work schedule and upcoming conferences.
`Please confirm as soon as possible if the date works for you so we can ask him to save the date. Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: September 12, 2023 4:16 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`We are a bit puzzled by your email because you previously stated that SRT will not make Dr. Luzzatto available for deposition. If you
`now are making arrangements for Dr. Luzzatto to be available for deposition, please let us know when you expect to provide his
`
`Page 2 of 12
`
`

`

`availability.
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Monday, September 11, 2023 11:58 AM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Hi Dan, We have no plan to withdraw reliance on Dr. Luzzatto’s declaration at this stage. We can confirm that no translator is needed for the depositions of Dr. May, Riley, and Rivella. We will inform you of Dr. Sadelain’s availability as soon
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Dan,
`
`We have no plan to withdraw reliance on Dr. Luzzatto’s declaration at this stage.
`
`We can confirm that no translator is needed for the depositions of Dr. May, Riley, and Rivella. We will inform you of Dr. Sadelain’s
`availability as soon as practically possible.
`
`Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: September 8, 2023 8:31 AM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`In view of your email, please confirm that patent owner is withdrawing any reliance on Dr. Luzzatto’s declaration.
`
`In addition, please let us know when we can expect to receive Dr. Sadelain’s availability, as well as when you can confirm whether any
`of the depositions will require a translator.
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Thursday, September 7, 2023 5:53 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`
`Page 3 of 12
`
`

`

`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Dear Dan: Given that Dr. Luzzatto will not be traveling to the U. S. for deposition due to his age/health, and due to his status as an Italian citizen, presently in Italy, requiring arrangements with the Italian courts prior to his deposition,
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Dear Dan:
`
`Given that Dr. Luzzatto will not be traveling to the U.S. for deposition due to his age/health, and due to his status as an Italian citizen,
`presently in Italy, requiring arrangements with the Italian courts prior to his deposition, Dr. Luzzatto will not be available for
`deposition.
`
`Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: September 6, 2023 9:16 AM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`We understand from your email that Dr. Luzzatto is now no longer in Tanzania and has relocated to Italy. As you know, Italy is a party
`to the Hague convention. Therefore, please confirm that Dr. Luzzatto is a U.S. citizen and/or that patent owner will be making
`arrangements and taking responsibility for complying with all applicable laws for depositions with a deponent in Italy, including but
`not limited to arranging for someone properly authorized to swear in such a deponent. Assuming you can confirm, then September
`20 and 9am ET will work for us. If you cannot confirm, then we cannot agree to such a remote international deposition, and Patent
`Owner will need to seek Board authorization. Please let us know by the end of the day today, September 6.
`
`In response to your question about the length of the deposition, we do not anticipate needing the full time allotted under the rules
`for the deposition. We do note, however, that we offered to begin at 8am ET if the end time is a concern for you.
`
`We look forward to receiving Dr. Sadelain’s availability.
`
`Finally, please let us know if any of the depositions will require a translator.
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Tuesday, September 5, 2023 4:55 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`
`Page 4 of 12
`
`

`

`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Dan, The location in NYC would be our NY office (located at 101 Park Ave 17th floor, New York, NY 10178), and the location in Philadelphia would be our Philly office (located at 2000 Market Street, 20th Floor, Philadelphia, PA 19103). The depositions
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Dan,
`
`The location in NYC would be our NY office (located at 101 Park Ave 17th floor, New York, NY 10178), and the location in Philadelphia
`would be our Philly office (located at 2000 Market Street, 20th Floor, Philadelphia, PA 19103). The depositions for Drs. Riley, May,
`and Rivella may start at 9 am local time.
`
`Dr. Luzzatto is now located in Sicily, Italy, and can be available remotely from Italy on September 20, 2023, at 9 am Eastern / 3 pm
`Italy. Please let us know how long you intend the deposition to go, given that Dr. Luzzatto is accommodating your request to start the
`deposition in the morning Eastern time.
`
`We disagree with your characterization of the remote deposition. Please be advised that Dr. Luzzatto is unable to travel to the United
`States given that he is 86 years old (not in the best of health) and has work conflicts. Regarding Dr. Hsieh-Yee, we offered to take the
`deposition at a location convenient to Dr. Hsieh-Yee but Petitioner refused (see 5/22/23 email from H. Suh). In your prior
`correspondence about Dr. Hsieh-Yee, you cited 37 C.F.R. § 42.53: “Uncompelled deposition testimony outside the United States may
`only be taken upon agreement of the parties or as the Board specifically directs.” The same applies with respect to Dr. Luzzatto. We
`trust this resolves the issue.
`
`We will provide Dr. Sadelain’s availability as soon as we can. Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: September 5, 2023 2:42 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`We are still waiting to hear back from you regarding Dr. Luzzatto and Dr. Sadelain’s depositions. Please get back to us as soon as
`possible so that appropriate arrangements can be made.
`
`In addition, you indicated that the depositions for Drs. Riley and May could be held in New York, and Dr. Rivella's could be held in
`Philadelphia. Please let us know what specific locations you had in mind so that we can prepare deposition notices. We would be
`happy to host the New York depositions in our New York office if you prefer. Please also let us know what time they would prefer to
`start. Note that we will select October 6 from the two dates you provided for Dr. May.
`
`Regards,
`
`Page 5 of 12
`
`

`

`Dan
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: Tuesday, August 29, 2023 4:25 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`We cannot agree to your proposal for the deposition to occur virtually, with Dr. Luzzatto sitting in Tanzania, and the deposition
`starting at 2 am ET. At a minimum, the deposition would have to begin at a reasonable time (e.g., 8 or 9 am ET, as noted in our prior
`email). Please provide days on which Dr. Luzzatto could begin at such a time. In addition, please provide your precedent as to the
`permissibility of conducting a virtual deposition of Dr. Luzzatto in Tanzania.
`
`As you will recall, we previously proposed conducting the deposition of Dr. Hsieh-Yee virtually, and patent owner refused. In doing
`so, your colleague pointed out that “pursuant to 37 C.F.R. § 42.53, the parties must agree on a time and place to take deposition
`testimony, which ‘may be taken at any reasonable time and location within the United States.’” (See attached email.) 2am ET is not a
`reasonable time nor is Tanzania within the United States.
`
`Finally, we note that we are still waiting for you to provide Dr. Sadelain’s availability.
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Tuesday, August 29, 2023 7:36 AM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Hi Dan, Dr. Luzzatto is not able to travel to the U. S. because of his work schedule. At this time, we are able to confirm his deposition to start at 9am Tanzania time, which is 2am ET USA. If that changes, then we will let you know with sufficient
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Dan,
`
`Dr. Luzzatto is not able to travel to the U.S. because of his work schedule. At this time, we are able to confirm his deposition to start
`at 9am Tanzania time, which is 2am ET USA. If that changes, then we will let you know with sufficient notice. Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: August 28, 2023 5:42 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`
`Page 6 of 12
`
`

`

`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`Please clarify if Dr. Luzzato is unable to appear in the United States for a deposition and, if so, the reason for that.
`
`In addition, please clarify if you are suggesting that Dr. Luzzato’s deposition could only begin at 2 am ET, or if that is the earliest he
`could appear, and that he could start a deposition at a reasonable time (e.g., 8 or 9 am ET).
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Saturday, August 26, 2023 6:33 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`Importance: High
`
`
`Hi Dan, Thanks for your confirmation. We agree that depositions for Drs. Riley and May could be held in NYC, but Dr. Rivella's will need to be in Philadelphia. Dr. Luzzatto lives in Tanzania, and the deposition will have to be by video. He
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Dan,
`
`Thanks for your confirmation. We agree that depositions for Drs. Riley and May could be held in NYC, but Dr. Rivella's will need to be
`in Philadelphia.
`
`Dr. Luzzatto lives in Tanzania, and the deposition will have to be by video. He is available on Sept 19 or 20 at 9 am Tanzania time (or 2
`am EST US time).
`
`Thank you.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: August 25, 2023 3:54 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`Page 7 of 12
`
`

`

`
`The dates you have proposed are okay for us, and we can tentatively accept them with the only caveat being that whatever dates you
`propose for Drs. Sadelain and Luzzatto do not create issues. We would request that the depositions be held in NYC.
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Thursday, August 24, 2023 8:24 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Hi Dan and Max, This is a reminder – Please let us know as soon as possible if the dates we offered for Drs. May, Riley, and Rivella work for you. Since the declarants have busy schedules, we try to ask them to save the dates as soon as possible. 
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Dan and Max,
`
`This is a reminder – Please let us know as soon as possible if the dates we offered for Drs. May, Riley, and Rivella work for you. Since
`the declarants have busy schedules, we try to ask them to save the dates as soon as possible. Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Chen, Joe
`Sent: August 22, 2023 7:00 PM
`To: Zeilberger, Daniel <danielzeilberger@paulhastings.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Hi Dan,
`
`For right now, we are proposing that Drs. Riley and May can be deposed live in NYC, and Dr. Rivella deposed live in Philadelphia. That
`being said, we are open to discussing these location options since our firm has offices in NYC and Philadelphia, as well as the
`possibility of having these and your other requested depositions take place by video.
`
`Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`
`Page 8 of 12
`
`

`

`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Zeilberger, Daniel <danielzeilberger@paulhastings.com>
`Sent: August 22, 2023 3:53 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Joe,
`
`Can you please let us know the proposed location for the depositions of Drs. May, Riley, and Rivella?
`
`Regards,
`Dan
`
`From: Chen, Joe <joechen@foxrothschild.com>
`Sent: Tuesday, August 22, 2023 3:22 PM
`To: Yusem, Max <maxyusem@paulhastings.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda
`D. <WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Subject: [EXT] RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`
`Hi Max, Please note that Dr. Rivella is available on 9/25 for deposition. Please confirm as soon as possible if the dates we offered for Drs. May, Riley, and Rivella work for you, so we can ask them to reserve the dates. Thanks. Best regards,
`ZjQcmQRYFpfptBannerStart
`
`--- External Email ---
`
`ZjQcmQRYFpfptBannerEnd
`
`Hi Max,
`
`Please note that Dr. Rivella is available on 9/25 for deposition.
`
`Please confirm as soon as possible if the dates we offered for Drs. May, Riley, and Rivella work for you, so we can ask them to reserve
`the dates. Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Chen, Joe
`Sent: August 21, 2023 1:58 PM
`To: Yusem, Max <maxyusem@paulhastings.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda D.
`<WFrench-Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H.
`<JMcConnell@foxrothschild.com>; De La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>
`Subject: RE: bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Hi Max,
`
`Page 9 of 12
`
`

`

`
`We have the following availability for Dr. May and Dr. Riley:
`
`Dr. May: Oct 5 or 6
`
`Dr. Riley: Sept 28
`
`We are in the process of obtaining availability for other declarants. Thanks.
`
`Best regards,
`Joe
`
`Joe Chen, J.D., Ph.D.
`Associate
`Fox Rothschild LLP
`(609) 844-3024 - direct
`(609) 896-1469- fax
`joechen@foxrothschild.com
`https://www.foxrothschild.com/joe-chen-ph-d
`
`From: Yusem, Max <maxyusem@paulhastings.com>
`Sent: August 17, 2023 3:35 PM
`To: Chen, Joe <joechen@foxrothschild.com>; Glynn, Michael W. <mglynn@foxrothschild.com>; French-Brown, Wanda D. <WFrench-
`Brown@foxrothschild.com>; Suh, Howard S. <HSuh@foxrothschild.com>; McConnell, James H. <JMcConnell@foxrothschild.com>; De
`La Cruz, Gilda <gdelacruz@foxrothschild.com>
`Cc: bluebird-IPR-PH <bluebird-IPR-PH@paulhastings.com>
`Subject: [EXT] bluebird v. Sloan Kettering - IPR2023-00070, -74
`
`Counsel,
`
`Please provide availability in September and October for depositions of your declarants Drs. Riley, Sadelain, May, Rivella, and Luzzatto
`in the above referenced matters.
`
`Regards,
`Max
`
`
`Max H. Yusem | Of Counsel, Litigation Department
`Paul Hastings LLP | 200 Park Avenue, New York, NY 10166 | Direct: +1.212.318.6375 | Main:
`+1.212.318.6000 | Fax: +1.212.230.7775 | maxyusem@paulhastings.com |
`www.paulhastings.com
`
`
`
`
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`employee or agent authorized to receive for the intended recipient, you may not copy, disclose or use any contents in this
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