From:
`Sent:
`To:
`Cc:
`Subject:
`
`
`
`Deborah Sterling <DSTERLING@sternekessler.com>
`Friday, September 06, 2019 8:10 PM
`Daniel Wiesner
`Olga A. Partington; Nick Cerrito; Eric Stops; John Galanek; Frank Calvosa
`RE: PGR2019-00048
`
`[EXTERNAL EMAIL]
`
`Dan,
`
`To take one (non-exclusive) example, Corcept states at page 7 of its POPR that “[t]he district court litigation is . . .
`currently progressing toward (1) a Markman hearing in January 2020 and (2) a trial in the summer of 2020.” There is no
`Markman hearing scheduled, and the schedule for which Corcept has advocated would not allow the case to reach trial
`by the summer of 2020.
`
`Teva does not agree not to launch its ANDA Product at-risk pending the issuance of the district court’s decision.
`
`Please let us know by Monday morning at 10 AM ET if you oppose Teva’s request. Please also let us know whether
`Patent Owner will seek a sur-reply should the Board grant Teva's request, and, if so, the basis for so doing.
`
`Thanks,
`Deborah
`
`
`1
`
`

`

`Therefore, in order for Corcept to determine whether it will oppose Teva’s request and whether it will seek a sur-reply,
`please let us know whether Teva in fact agrees not to launch its ANDA Product at-risk pending the issuance of the
`district court’s decision.
`
`
`Regards,
`Dan
`
`
`
`Daniel Wiesner
`
`Of Counsel
`
`Quinn Emanuel Urquhart & Sullivan, LLP
`
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`212-849-7560 Direct
`212-849-7000 Main Office Number
`212-849-7100 FAX
`danielwiesner@quinnemanuel.com
`www.quinnemanuel.com
`
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`
`From: Deborah Sterling [mailto:DSTERLING@sternekessler.com]
`Sent: Thursday, September 05, 2019 11:51 AM
`To: Nick Cerrito <nickcerrito@quinnemanuel.com>; Eric Stops <ericstops@quinnemanuel.com>; Daniel Wiesner
`<danielwiesner@quinnemanuel.com>; John Galanek <johngalanek@quinnemanuel.com>; Frank Calvosa
`<frankcalvosa@quinnemanuel.com>
`Cc: Olga A. Partington <OPARTINGTON@sternekessler.com>
`Subject: PGR2019-00048
`
`
`[EXTERNAL EMAIL]
`
`
`
`Counsel,
`
`Teva intends to contact the Board on Monday, September 9, to seek authorization to file a Reply to Corcept’s
`Preliminary Patent Owner Response to address certain representations in Corcept’s POPR concerning the schedule of
`the concurrent litigation on the ’214 patent. Good cause exists for this request because Corcept’s POPR contains various
`inaccuracies concerning the trial schedule and Teva could not have foreseen these inaccuracies when it filed its Petition.
`
`Please let us know by Monday morning at 10 AM ET if you oppose this request and whether Patent Owner will seek a
`sur-reply should the Board grant Teva's request.
`
`Please also let us know your availability for a call with the Board on September 12 and 13.
`
`We can be available for a meet-and-confer today or Friday, if you believe necessary.
`
`Regards,
`Deborah
`
`2
`
`Teva Pharmaceuticals USA, Inc. v. Corcept Therapeutics, Inc.
`PGR2019-00048
`Corcept Ex. 2047, Page 2
`
`

`

`
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`3
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`