Free Notice (Other) - District Court of Delaware - Delaware

Case 1:07-cv—O0204-SLR Document 5 Filed O4/27/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDPOINTE HEALTHCARE INC., 3
Plaintiff, )
)
)
VS' ) Civil Action No. 07~204
)
APOTEX INC. and APOTEX CORP., )
)
Defendants. )
)
. )
NOTICE OF LODGING OF WAIVER OF SERVICE OF SUMMONS OF APOTEX INC.
TO: Richard L Horwitz Robert B. Breisbtatt
Potter Anderson & Coiroon LLP Welsh & Katz, Ltd.
Hercules Plaza 120 South Riverside Plaza
P.O. Box 951 22"‘l Floor
Wilmington, DE 19899 Chicago, IL 60606
Piease take notice that pursuant to Federal Rule of Civil Procedure 4 Plaintiff Medpointe
I·Iealthcare Inc. has lodged the attached waiver of service of summons of Defendants Apotex inc.
with the Court (Ex. I).
Fndderick L. Cottrell, III (#2555)
Of Counsel: cottrell@rIt`.eom
Jarneson A. L. Tweedie (#4927)
John M. Desmarais [email protected]:om
Peter J. Armenio Richards, Layton & Finger
Anne S. Toker One Rodney Square, P.O. Box 551
Kirkland & Ellis LLP Wilmington, DE 19899
Citigroup Center (.302) 65l—7'/00
l53 East 53rd Street Attorneys for PlaintifflMedPointe Healthcare
New York, New York 100.22 inc.
Dated: April 27, 2007
Ri.F1~3E4¤$5¢-i6-i

Case 1:07-cv—O0204-SLR Document 5 Filed O4/27/2007 Page 2 of 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 27, 2006, I electronicaliy tiled the foregoing
document with the Cierk of Court using CM/ECF which will send notification of such tiling, and
hand delivered to the following:
Richard L. Horwitz
Potter Anderson & Corroon LLP
Hercules Plaza, 6m Floor
1313 N. Market Street
Wilmington, DE 19801
I hereby certify that on April 27, 2006, I sent the foregoing document by Federal Express,
next business day delivery, to the following non-registered participants:
Robert B. Breisblatt
Welsh & Katz, Ltd.
120 South Riverside Plaza, 22“d Floor
Chicago, IL 60606
Iiieson A.L. Tweedie (#4927)
tweedie@r1£com
RLFI-31445544

Case 1:07-cv-00204-SLR Document 5-2 Filed O4/27/2007 Page 1 0f 2
Exhibit 1

Case 1:07-cv-00204-SLR Document 5-2 Filed O4/27/2007 Page 2 of 2
WAIVER OF SERVICE OF SUMMONS
(Apotex Inc )
TO: frederick L. Cottrell, iii, Esq., Richards, Layton & Finger PA., One Rodney Square, PO, Box
55l , Wilmington, DE i9899
I, Robert B, Breisblatt, as the designated agent in the United States authorized to accept service of
process for Apotex Inc. in connection with Abbreviated New Drug Appiication ("ANDA") 78-62i,
acknowledge receipt of your request that Apotex inc. waive service of summons in the action of
fl#IedP0irr!e Hecrlrhcrrre Inc. v. Apotex Inc, and Apotex Corp., which is case number 07-204 in the United
States District Court for the District of Delaware.
I have also received a copy of the complaint in the action, two copies ofthe Notice Of Lawsuit
And Request For Waiver Of Service Of Sunimons (Apotex Inc.) and this instrument, and a means by
which I can return the signed waiver to you without cost to nie.
l agree to save the cost of service of a summons and an additional copy of the complaint in this
lawsuit by not requiring that Apotex Inc, the entity on whose behalf I am acting, be served with judicial
process in the manner provided by Rule 4.,
Apotex, inc., the entity on whose behalf] ain acting, will retain ali defenses or objections to the
lawsuit or to thejurisdiction or venue ofthe court except for objections based on a defect in the summons
or in the service ofthe summons,
I understand that a judgment may be entered against Apotex inc., the party on whose behalf I am
acting, ifan answer or motion under Rule l2 is not served upon you within 60 days after April l9, 2007.
égapt ze , we 7 Qi £.ss/A5/V
(DATE) (SIGNATURE)
Printed! Typed Name: Robert B. B¥`€iSbi£1l1
As the designated agent in the United States authorized
to accept service of process for Apotex Inc, in connection with
Abbrviated New Drug Application ("ANDA") 78-62l
DUT Y TO AVOU) UNNECESSARY COSTS Oli SERVICE OF SUMMONS
Rule 4 ofthe federal Rules oi Civil Procedure requires certain panics to cooperate in saving unnecessary costs of service ol the
sunimons and complaint A defendant located in the United States who, alter being notihed ofan action and asked by plainti£T' located in the
United States to waive service ofsurnmons, fails to do so will be required to bear the cost ofsuch service unless good cause be shown lor its
lirilure to sign and return the waiver
It is not good cause for a failure to waive service that a party bciieves that the complaint is unfounded, or that the action has been
brought in an improper place or in a court that lacks jurisdiction over the subject matter ofthe action or over its person or property A party who
waives service ofthe summons retains all defenses and objections (except any relating to the summons or to the service ofthe summons). and
may Eater object to the jurisdiction ofthe court or to the place where the action has been brought
A defendant who waives service must within the time specitied on the waiver form serve on piaintiifs attorney(or unrepresented
plaintiff) a response to the coinplaintand must also tile a signed copy ofthe response with the court. ll` the answer or motion is not served within
this time, a defaultjudgmcnt may be taken against that defendant By waiving service. a defendant is allowed more tirnc to answer than if the
summons had been actually served when the request for waiver of service was received
Rt F i-299G292—1