Free Declaration - District Court of Delaware - Delaware

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Exhibit 1

Alexion Pharmaceuticals, Inc. - News Case 1:07-cv-00156-JJF Document 34-2 Filed 09/06/2007

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About Us | Careers | Contact Us About Us Management & Board Careers Technology Platforms Product Profiles Corporate Governance Investor Relations News Search

News
Contacts: Alexion Pharmaceuticals, inc. Leonard Bell, M.D. Chief Executive Officer 203-272-2596 Tel Media David Patti makovsky+Company 212-508-9623 Tel [email protected] Investors Rhonda Chiger Rx Communications group, LLC 917-322-2596 Tel [email protected]

FDA Approves Alexion's Soliris(TM) for All Patients With PNH - First Therapy Approved for This Rare and Life-Threatening Blood Disease CHESHIRE, Conn., March 16 /PRNewswire-FirstCall/ -- Alexion Pharmaceuticals, Inc., (Nasdaq: ALXN) announced today that it has received marketing approval from the U.S. Food and Drug Administration (FDA) for Soliris(TM) (eculizumab). Soliris is the first therapy approved for paroxysmal nocturnal hemoglobinuria (PNH), a rare, disabling and life-threatening blood disorder defined by chronic red blood cell destruction, or hemolysis. Soliris is indicated for the treatment of patients with PNH to reduce hemolysis. Hemolysis can cause one or more of the following symptoms in patients with PNH: severe anemia, disabling fatigue, recurrent pain, shortness of breath, pulmonary hypertension, intermittent episodes of dark colored urine (hemoglobinuria), kidney disease, impaired quality of life and blood clots (thromboses).(1,2) PNH often strikes people in the prime of their lives, with an average age of onset in the early 30's.(3) The estimated median survival for PNH patients is between 10 and 15 years from the time of diagnosis.(3,4) Patients with PNH are missing a specific protein that normally protects red blood cells from destruction by a component of the immune system called terminal complement. Soliris, the first complement inhibitor approved in the United States for the treatment of any disease, prevents hemolysis by selectively blocking terminal complement. "Soliris brings real hope to people who live daily with the devastating effects of PNH. With the approval of Soliris, we now have a therapy that dramatically improves the lives of patients suffering from this disease. Importantly, all patients with this life-threatening disease will be eligible for treatment," said Leonard Bell, MD, chief executive officer of Alexion Pharmaceuticals. "Soliris directly targets the underlying disease process responsible for debilitating symptoms that may contribute to shortened life spans of PNH patients," said Wendell F. Rosse, MD, Florence McAlister Professor of Medicine Emeritus, Duke University. "Having cared for more than 300 patients with PNH over my career, I believe this is the most important advance that has been

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made in the treatment of this disease. Treatment with Soliris markedly decreases the hemolysis responsible for anemia, fatigue, poor patient functioning and blood clots in PNH patients." Clinical Data Soliris has proven to be a safe and effective therapy for PNH in three multi-national clinical studies: TRIUMPH, a placebo-controlled 26 week Phase 3 study involving 87 PNH patients,(5) SHEPHERD, an open-label 52 week Phase 3 trial involving 97 PNH patients,(6) and E05-001, a long term extension study.(7) These studies showed that Soliris reduced hemolysis in every treated patient. Hemolysis was dramatically reduced from a baseline LDH of 2,032 U/L to 239 U/L at week 26 (p<0.001). The reductions in hemolysis occurred within one week of initiating treatment and were sustained for periods of up to 54 months with continued dosing of Soliris. The reduction in hemolysis expands the number of circulating PNH cells and, thereby, increases the hemoglobin level. Hemoglobin stabilization and the number of transfused packed red blood cell units, the pivotal study's coprimary endpoints, were both achieved; half of the Soliris-treated patients achieved hemoglobin stabilization compared with none of the patients in the placebo group, the median number of transfusions was reduced from 10 units/patient to 0 units/patient, respectively (p < 0.001 in both cases). Soliris patients reported less fatigue and improved health-related quality of life. There were fewer thrombotic events with Soliris treatment than during the same period of time prior to treatment. "The Aplastic Anemia & MDS International Foundation (AA&MDSIF) is extremely pleased that PNH patients now have a treatment specifically for their disease. This is a tremendous step forward for all who suffer from PNH -- and for anyone with bone marrow failure," said Sherrie VanVliet, vice-chairperson, AA&MDSIF, and the mother of a child with aplastic anemia. "We also appreciate that Alexion, in cooperation with the National Organization of Rare Diseases, has established a program to ensure that all patients who need eculizumab have access to it." "Patients with rare diseases face huge challenges -- first getting a proper diagnosis, then finding effective treatments and access to them," said Abbey Meyers, president, National Organization for Rare Disorders (NORD). "Now that Soliris has been approved, people with PNH will have an effective treatment, and through NORD's PNH Foundation, the uninsured and underinsured will receive help to assure they will have access. This is a sign of hope for others with orphan illnesses, that their needs will one day be met," she added. Introducing Soliris OneSource(TM) Alexion also today introduced Soliris OneSource(TM), a treatment support service for all PNH patients and their healthcare providers. Each patient enrolled in the program receives support from an Alexion Case Manager at OneSource. Alexion Case Managers are Registered Nurses and provide education about PNH and Soliris and facilitate solutions to help patients obtain Soliris. Alexion's goal is that all PNH patients who can benefit from Soliris will have access to it. Patients and their health care providers can learn more about OneSource by calling 1-888SOLIRIS (1-888-765-4747) or visiting www.soliris.net. Important Safety Information Soliris is generally well tolerated. The most frequent adverse events observed in clinical studies were headache, nasopharyngitis (a runny nose), back pain and nausea.(8) Treatment with Soliris should not alter anticoagulant management because the effect of withdrawal of anticoagulant therapy during Soliris treatment has not been established. The product label for Soliris also includes a boxed warning: "Soliris increases the risk of

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meningococcal infections. Vaccinate patients with a meningococcal vaccine at least 2 weeks prior to receiving the first dose of Soliris; revaccinate according to current medical guidelines for vaccine use. Monitor patients for early signs of meningococcal infections, evaluate immediately if infection is suspected, and treat with antibiotics if necessary. "Two out of 196 vaccinated PNH patients treated with Soliris experienced a serious meningococcal infection. Prior to beginning Soliris therapy, all patients and their prescribing physicians will be enrolled in the Soliris Safety Registry which is part of a special risk management program that involves initial and continuing education and long-term monitoring for detection of new safety findings. Please see full prescribing information at www.soliris.net. Conference Call Information Alexion will host a conference call/webcast to discuss FDA approval of Soliris. The call is scheduled for Monday, March 19th at 9:00 a.m., Eastern Time. To participate in this call, dial 913981-4900, confirmation code 4700435, shortly before 9:00 a.m., Eastern Time. A replay of the call will be available for a limited period following the call, beginning at 12:00 p.m., Eastern Time. The replay number is 719-457-0820, confirmation code 4700435. The audio webcast can be accessed at: www.alexionpharm.com. About PNH PNH is an acquired genetic blood disorder defined by hemolysis, in which patients' red blood cells are destroyed by complement, a component of the body's immune system. PNH is a rare disease that affects an estimated 8,000 to 10,000 people in North America and Europe. Ten percent of all patients first develop symptoms at 21 years of age or younger.(2) PNH develops without warning and can occur in men and women of all races, backgrounds and ages. PNH often goes unrecognized, with delays in diagnosis often ranging from one to more than 10 years. PNH has been identified more commonly among patients with diseases of the bone marrow, including aplastic anemia (AA) and myelodysplastic syndrome (MDS). In patients with thrombosis of unknown origin, PNH may be an underlying cause. Prior to approval of Soliris, there were no therapies specifically available for the treatment of PNH. PNH treatment was limited to symptom management through periodic blood transfusions, nonspecific immunosuppressive therapy and, infrequently, bone marrow transplantations -- a highrisk and painful procedure used as a last resort.(2) About Alexion Alexion Pharmaceuticals is a biotechnology company working to develop and deliver life-changing drug therapies for patients with serious and life- threatening medical conditions. Alexion's lead product, Soliris(TM) (eculizumab), is indicated for the treatment of paroxysmal nocturnal hemoglobinuria (PNH). Alexion is engaged in the discovery and development of therapeutic products aimed at treating patients with severe disease states, including hematologic diseases, cancer and autoimmune disorders. In September 2006, Alexion applied for marketing authorization with the European Medicines Evaluation Agency for the use of Soliris(TM) (eculizumab) in PNH patients. This press release and further information about Alexion Pharmaceuticals, Inc. can be found at: http://www.alexionpharm.com. This news release contains forward-looking statements, including statements related to medical benefits and commercial potential of Soliris(TM)(eculizumab), initiation and conduct of the PNH OneSource(TM) treatment support service, and estimates of the number of people living with PNH. Forward-looking statements are subject to factors that may cause Alexion's results and plans to differ from those expected, including requests by regulatory authorities for additional

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information following marketing approval, delays in arranging satisfactory manufacturing capability, inability to acquire funding on timely and satisfactory terms, delays in or failure to establish internal sales and marketing capabilities, delays in developing or adverse changes in commercial relationships, the possibility that results of clinical trials are not predictive of the safety and efficacy of Soliris(TM)(eculizumab) when made available to larger number of people, the risk that third parties won't agree to license any necessary intellectual property to us on reasonable terms, the risk that third party payors will not reimburse for the use of Soliris(TM) at acceptable rates or at all, the risk that estimates regarding the number of people living with PNH are inaccurate, and a variety of other risks set forth from time to time in Alexion's filings with the Securities and Exchange Commission, including but not limited to Alexion's Annual Report on Form 10-K. Alexion does not intend to update any of these forward-looking statements to reflect events or circumstances after the date hereof, except when a duty arises under law. (1) Rother R, Bell L, Hillmen P, Gladwin M. The clinical sequelae of intravascular hemolysis and extracellular plasma hemoglobin. JAMA 2005; 293:1653-1662. (2) Parker C, Omine M, Richards S, et al. Diagnosis and management of paroxysmal nocturnal hemoglobinuria. Blood 2005; 106:3699-3709. (3) Socie G, Mary J Yves, de Gramont A, et al. Paroxysmal nocturnal haemoglobinuria: long-term follow-up and prognostic factors. Lancet 1996; 348:573-577. (4) Hillmen P. Lewis SM, Bessler M, Luzzatto L, Dacie JV. Natural history of paroxysmal nocturnal hemoglobinuria. N Engl J Med 1995; 333:1253- 1258. (5) Hillmen P, Young N, et al. The Complement Inhibitor Eculizumab in Paroxsysmal Nocturnal Hemoglobinuria. N Engl J Med 2006; 355:1233- 1243. (6) Young N, Antonioli E, Rotoli B, et al. Safety and efficacy of the terminal complement inhibitor eculizumab in patients with paroxysmal nocturnal hemoglobinuria: SHEPHERD phase III clinical study results. Blood 2006; 108:971. (7) Hillmen P, Muus P, Duhrsen U, et al. The terminal complement inhibitor eculizumab reduces thrombosis in patients with paroxysmal nocturnal hemoglobinuria. Blood 2006; 108:123. (8) Soliris(TM) (eculizumab) prescribing information. Alexion Pharmaceuticals, Inc., 2006.

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Exhibit 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) )

PDL BIOPHARMA, INC. Plaintiff, v. ALEXION PHARMACEUTICALS, INC. Defendant.

C.A. No. 07-153 ***

DEFENDANT ALEXION PHARMACEUTICALS, INC.'S FIRST SET OF REQUESTS FOR THE PRODUCTION OF DOCUMENTS AND THINGS

Pursuant to Federal Rule Of Civil Procedure 34, Defendant Alexion Pharmaceuticals Inc. ("Alexion"), hereby requests that Plaintiff PDL Biopharma, Inc., ("PDL") produce the documents and things requested below for inspection, copying and/or testing. The requested documents and things must be produced within thirty (30) days of the service of these requests, at the offices of Kirkland & Ellis LLP, Citigroup Center, 153 East 53rd Street, New York, New York 10022, or at such other time and place as may be mutually agreed upon in writing by counsel for the parties. DEFINITIONS 1. As used herein, "PDL" shall mean Plaintiff PDL Biopharma, Inc. and all of its

corporate parents, corporate predecessors and past or present subsidiaries, affiliates, divisions, departments, officers, directors, agents and employees.

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2.

As used herein, "patents-in-suit" shall mean United States Patent Nos. 5,693,761

("the '761 patent"); 5,693,762 ("the '762 patent"); and 6,180,370 B1 ("the '370 patent"); including any corrections. 3. As used herein, "the European Oppositions" shall mean all proceedings--including

those before revocation, during appeal of revocation, and subsequent to appeal of revocation-before the European Patent Office relating to the European Patent Nos. 0682040 B1 and 0451216 B1. 4. As used herein, "document" shall have the full meaning ascribed to it by the

Federal Rules Of Civil Procedure and shall include any means for retaining or reflecting information. 5. As used herein, "all documents" shall mean every document within PDL's

custody, possession or control, and the custody, possession or control of PDL's attorneys, insurance carriers, representatives, employees, and/or agents, whether an original or copy, as above defined, known to PDL and every such document or writing which PDL can locate or discover by reasonably diligent efforts. 6. As used herein, "concerning" shall mean relating to, referring to, regarding,

describing, evidencing, reflecting, comprising or constituting. 7. As used herein, "person" means any natural person, corporation, partnership,

business, governmental body or entity of any kind. 8. As used herein, "and" and "or" shall be construed conjunctively or disjunctively

as necessary to make the request inclusive rather than exclusive; use of a singular noun shall be construed to include the plural noun and use of a plural noun shall be construed to include the singular noun; and the use of a verb in any tense shall be construed as the use of that verb in all

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other tenses whenever necessary to bring within the scope of the request that which might otherwise be construed to be outside its scope. 9. As used herein, the terms "all," "any," "each," and "every" shall each be construed

as both "each" and "every" to bring within the scope of the request all responses which might otherwise be construed to be outside its scope. INSTRUCTIONS 1. PDL shall construe each request herein independently and not with reference to

any other request for the purposes of limitation. 2. In addition to original and final versions of documents, PDL shall produce all

drafts, alterations, modifications, changes, and amendments of documents, as well as all copies not identical to the original in any respect, including any copy bearing non-identical markings or notations of any kind. 3. PDL shall produce all documents within its possession, custody or control. This

includes all documents in the possession, custody or control of PDL or any of its personnel, inasmuch as those documents are available to PDL and can be obtained by PDL for production in this matter. 4. If any document requested herein is withheld or redacted on the basis of any claim

of attorney-client privilege, the work product doctrine, or any other applicable privilege or immunity, PDL shall provide a written statement: (a) describing the nature of the document (e.g., letter, memorandum, minutes, telegram, notes, etc.); (b) specifying the date on which the document was prepared; (c) identifying the person(s) who prepared or authored the document; (d) identifying the person(s) to whom the document was sent, copied, or shown; (e) setting forth the subject matter of the document; and (f) stating the privilege or other doctrine pursuant to

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which the document is being withheld from production and setting forth the basis for such claim of privilege or immunity from production. 5. If any document or part thereof called for by this demand has been destroyed,

discarded, or otherwise disposed of, PDL shall furnish a list setting forth, as to each document or part thereof: (a) the nature of the document (e.g., letter, memorandum, telegram, etc.); (b) the name, address, occupation, title and business affiliation of each person who prepared, received, viewed and has or has had possession, custody or control of the document; (c) the date of the document; (d) a description of the subject matter of the document; (e) the date of destruction or other disposition; (f) a statement of the reasons for destruction or other disposition; (g) the name, address, occupation, title and business affiliation of each person who authorized destruction or other disposition; (h) the name, address, occupation, title and business affiliation of each person who destroyed or disposed of the document; and (i) the paragraph(s) of this request which call for the production of the document. REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: All documents and things concerning the patents-in-suit.

REQUEST FOR PRODUCTION NO. 2: All documents and things disclosed by, claimed by, or relating to any decision, discussion, plan, or consideration to seek patent protection for the subject matter of the patentsin-suit, including but not limited to prior art searches and search results, patentability investigations, and meeting minutes.

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REQUEST FOR PRODUCTION NO. 3: All documents and things relating to the preparation, filing, or prosecution of the applications leading to the patents-in-suit, including, without limitation any invention disclosures, drafts of patent applications, notes of examiner interviews, prior art considered but not cited, and all non-identical copies of the file histories of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 4: All documents and things relating to the preparation, filing, or prosecution of any foreign patent or patent application related to any of patents-in-suit, including, without limitation any invention disclosures, drafts of patent applications, notes of examiner interviews, prior art considered but not cited, and all non-identical copies of the file histories.

REQUEST FOR PRODUCTION NO. 5: All documents concerning any communication between PDL and prosecution counsel concerning any part of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 6: All documents concerning any analysis or evaluation of the validity, infringement and/or enforceability of any claim of the patents-in-suit, specifically including all opinions of counsel.

REQUEST FOR PRODUCTION NO. 7: All documents and things relating to testing of any example or disclosure of the patentsin-suit.

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REQUEST FOR PRODUCTION NO. 8: All documents and things relating to the conception, reduction to practice, diligence in reducing to practice, research, development, design, testing, modification, and experimental use of the subject matter disclosed or claimed in the patents-in-suit.

REQUEST FOR PRODUCTION NO. 9: All laboratory notebooks, inventor notebooks, research data, analytical data, reports, meeting minutes generated or maintained by or for any of the persons named as inventors at any time during the prosecution of the patents-in-suit that contain any information relating to the subject matter disclosed or claimed in the patents-in-suit or any alleged embodiments of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 10: All documents and things concerning the patentability, scope, or interpretation of the subject matter disclosed or claimed in the patents-in-suit.

REQUEST FOR PRODUCTION NO. 11: All documents and things relating to the first disclosure, first public disclosure, first use, first public use, first offer for sale, first sale, first shipment, first importation, first demonstration, and first test of each embodiment of the subject matter disclosed or claimed in the patents-in-suit, or any product that embodies, implements, falls within the scope of, or is made or used in accordance with an asserted claim of the patents-in-suit.

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REQUEST FOR PRODUCTION NO. 12: All documents that discuss, refer to, or evidence any communications regarding the interpretation and/or construction of any terms, elements, or limitations of the claims of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 13: All court decisions relating to the interpretation and/or construction of any terms, elements, or limitations of the claims of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 14: All documents relating to deposition and/or trial testimony relating to the interpretation and/or construction of any terms, elements, or limitations of the claims of the patents-in-suit, including without limitation expert reports and testimony transcripts.

REQUEST FOR PRODUCTION NO. 15: All documents concerning the relevant art or the level of ordinary skill in the art to which PDL contemplates the subject matter of the patents-in-suit pertains as of each of their priority dates.

REQUEST FOR PRODUCTION NO. 16: All minutes, memos, presentations or other records describing or recording meetings at which any of the patents-in-suit is discussed or mentioned.

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REQUEST FOR PRODUCTION NO. 17: All documents related to the persons listed as inventors at any time during the prosecution of the patents-in-suit including but not limited to plans, suggestions, contemplated actions, or decisions to seek patent protection relating to the subject matter claimed or disclosed in the patents-in-suit.

REQUEST FOR PRODUCTION NO. 18: All documents relating to declarations in support of PDL during prosecution of the patents-in-suit, including without limitation, communications between or among PDL, declarant, and/or prosecution counsel, prior art or other literature searches conducted, and all documents considered, reviewed or relied upon in preparation of any such declaration.

REQUEST FOR PRODUCTION NO. 19: All documents concerning Dr. Cary Queen, including without limitation, correspondence between PDL and Dr. Queen, and any notes, memoranda, or meeting minutes.

REQUEST FOR PRODUCTION NO. 20: All documents concerning Dr. Harold Selick, including without limitation, correspondence between PDL and Dr. Selick, and any notes, memoranda, or meeting minutes.

REQUEST FOR PRODUCTION NO. 21: All documents concerning Dr. Maximilliano Vasquez, including without limitation, correspondence between PDL and Dr. Vasquez, and any notes, memoranda, or meeting minutes.

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REQUEST FOR PRODUCTION NO. 22: All documents concerning Dr. Michael Levitt, including without limitation, correspondence between PDL and Dr. Levitt, and any notes, memoranda, or meeting minutes.

REQUEST FOR PRODUCTION NO. 23: All documents concerning Mr. Cedric Weisner, including without limitation, correspondence between PDL and Mr. Weisner, and any notes, memoranda, or meeting minutes between PDL and Dr. Weisner.

REQUEST FOR PRODUCTION NO. 24: All documents concerning Dr. Chun Nan Chang, including without limitation, correspondence between PDL and Dr. Chang, and any notes, memoranda, or meeting minutes.

REQUEST FOR PRODUCTION NO. 25: All documents concerning each of the persons named as inventors at any time during the prosecution of the patents-in-suit including without limitation, correspondence between PDL and each of the named inventors of the patents-in-suit, and any notes, memoranda, or meeting minutes.

REQUEST FOR PRODUCTION NO. 26: All documents concerning any testing of any of the inventions described in the patentsin-suit.

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REQUEST FOR PRODUCTION NO. 27: All documents concerning or comprising the prosecution histories of the applications that issued as EP 682040 and EP B1-0 451 216.

REQUEST FOR PRODUCTION NO. 28: All documents concerning or comprising the European Oppositions, whether generated on behalf of PDL or any other party.

REQUEST FOR PRODUCTION NO. 29: All submissions, transcripts, exhibits, demonstrative exhibits, expert declarations, draft expert declarations that were submitted, presented or otherwise generated by or on behalf of PDL during the European Oppositions, including without limitation, documents considered, reviewed or relied on but not cited. REQUEST FOR PRODUCTION NO. 30: All documents relating to declarations in support of PDL in the European Oppositions, including but not limited to all prior art searches conducted; results and partial results from such prior art searches; and references, literature or authorities consulted.

REQUEST FOR PRODUCTION NO. 31: All documents comprising or concerning the decisions regarding the European Oppositions.

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REQUEST FOR PRODUCTION NO. 32: All documents that discuss, describe or refer to any accused Alexion product, including but not limited to any memoranda, emails, letters, notes, recordings in electronic media or other documentation.

REQUEST FOR PRODUCTION NO. 33: All documents concerning any investigation, analysis, study, review, test, research or other mechanism undertaken by or for PDL to determine whether or not Alexion has infringed, is infringing or will infringe any of the patents-in-suit or related patents. REQUEST FOR PRODUCTION NO. 34: All documents and things relating to any test, comparison or evaluation of any Alexion product accused of infringement, conducted by or at the request of PDL, specifically including opinions of counsel.

REQUEST FOR PRODUCTION NO. 35: All documents concerning the following averment contained in paragraph 3 of PDL's Complaint: "Soliris is projected to be a blockbuster product, with some projecting annual sales of $800 million per year upon launch."

REQUEST FOR PRODUCTION NO. 36: All documents and things identifying products that PDL has sold or offered for sale that relate to the subject matter of the patents-in-suit.

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REQUEST FOR PRODUCTION NO. 37: All documents concerning the process, technique, method or approach used to manufacture each element or feature of all PDL products sold or offered for sale that relate to the subject matter of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 38: All documents consulted, referenced in, reviewed, considered, or that otherwise inform the basis for PDL's Complaint in this action.

REQUEST FOR PRODUCTION NO. 39: All documents that PDL contends support, either solely or in combination, its allegations that the patents-in-suit are valid and infringed by Soliris®.

REQUEST FOR PRODUCTION NO. 40: All documents that PDL contends support, either solely or in combination, its allegations that Alexion's infringement of the patents-in-suit is willful.

REQUEST FOR PRODUCTION NO. 41: All documents concerning the following averment contained in paragraph 4 of PDL's Complaint: "Because this is an exceptional case, PDL is entitled to its attorneys' fees." See Complaint ¶ 4.

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REQUEST FOR PRODUCTION NO. 42: All documents supporting, refuting or otherwise concerning PDL's contention that "the relief sought by Alexion is barred in whole or in part by the doctrine of laches." See PDL's Answer ¶ 31.

REQUEST FOR PRODUCTION NO. 43: All documents supporting, refuting or otherwise concerning PDL's contention that "the relief sought by Alexion is barred in whole or in part by the doctrine of unclean hands." See PDL's Answer ¶ 32.

REQUEST FOR PRODUCTION NO. 44: All documents concerning PDL's allegations that Alexion had actual and constructive knowledge of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 45: All documents concerning PDL's electronic records management policies from the year 1985 to the present.

REQUEST FOR PRODUCTION NO. 46: All documents concerning PDL's policy regarding the retention or destruction of documents from the year 1985 to the present.

REQUEST FOR PRODUCTION NO. 47: All documents comprising any patent policy in effect at PDL at any time since January 1, 1985.

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REQUEST FOR PRODUCTION NO. 48: All documents and things concerning any communications or information exchanged between PDL and non-parties to this action that relate to any of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 49: All documents concerning any communication between PDL and any other party concerning Alexion.

REQUEST FOR PRODUCTION NO. 50: All documents comprising any communication between PDL and any other party concerning this action.

REQUEST FOR PRODUCTION NO. 51: All documents that PDL has obtained or obtains from any non-party discovery in connection with this action.

REQUEST FOR PRODUCTION NO. 52: All documents concerning licensing or licensing negotiations or offers relating to any of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 53: All licenses and documents related to licensing offers for patents-in-suit or related technologies, including but not limited to PDL's alleged licenses to Genentech, Roche, MedImmune Inc., Wyeth/American Home Products, Biogen Idec/Elan, Abbot Laboratories, Eli Lilly & Co., and GlaxoSmithKline.

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REQUEST FOR PRODUCTION NO. 54: All documents concerning any analyses, reports, memoranda, or investigation regarding infringement, scope of claims, or validity generated by or on behalf of PDL or any potential licensee in connection with negotiations for a license or agreement concerning the patents-insuit.

REQUEST FOR PRODUCTION NO. 55: All documents concerning the following averment contained in paragraph 6 of PDL's Complaint: "Additionally, a substantial number of other companies and research organizations have licensed PDL's portfolio of patents covering antibody humanization technology."

REQUEST FOR PRODUCTION NO. 56: All documents concerning the following averment contained in paragraph 1 of PDL's Complaint: "All of the other nine humanized antibody products currently approved by the FDA for marketing in the United States are covered by patent license agreements with PDL."

REQUEST FOR PRODUCTION NO. 57: All documents concerning the following averment contained in paragraph 1 of PDL's Complaint: "In addition, numerous other biotechnology companies that are in the process of developing humanized antibodies have obtained licenses or the right to license PDL's antibody humanization patents."

REQUEST FOR PRODUCTION NO. 58: All documents identifying and/or discussing PDL's licensing policies or practices.

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REQUEST FOR PRODUCTION NO. 59: All documents concerning royalties paid or to be paid pursuant to licenses of the patentsin-suit.

REQUEST FOR PRODUCTION NO. 60: All documents identifying and/or discussing existing license agreements relating to the patents-in-suit and related technologies, including actual payments made under such licenses.

REQUEST FOR PRODUCTION NO. 61: All documents providing evidence of industry licensing practices.

REQUEST FOR PRODUCTION NO. 62: All documents concerning any work performed by PDL independently or with, for, or on behalf of any non-party relating to the patents-in-suit, including but not limited to any development or in vitro, in vivo, or ex vivo testing of humanized antibodies.

REQUEST FOR PRODUCTION NO. 63: Documents sufficient to identify every PDL officer, manager, director, employee or agent whose responsibilities relate to or related to the research, design, development, testing, licensing, manufacture or sale of any PDL product sold or offered for sale that concern the subject matter of the patents-in-suit.

REQUEST FOR PRODUCTION NO. 64: All organizational charts and personnel lists of PDL from the year 1985 to the present.

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REQUEST FOR PRODUCTION NO. 65: All documents and things that have been disclosed or provided to any individual or entity (including experts) from whom PDL expects to offer any declaration, affidavit or testimony in any trial, hearing, submission to the court or deposition in this action.

REQUEST FOR PRODUCTION NO. 66: All documents identified or referred to in, or relied upon to prepare PDL's responses to Alexion's First Set Of Interrogatories.

REQUEST FOR PRODUCTION NO. 67 All documents PDL intends to present at any hearing or trial concerning this action.

REQUEST FOR PRODUCTION NO. 68 All documents concerning any testing of any examples or disclosure of the patents-insuit.

17

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YOUNG CONWAY STARGATT & TAYLOR LLP

/s/ Andrew Lundgren___ Josy W. Ingersoll (I.D. #1088) Andrew Lundgren (I.D. #4429) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19801 Telephone: (302) 571-6600 [email protected] Attorneys for Defendant Of Counsel: John M. Desmarais Gerald J. Flattmann, Jr. Christine Willgoos KIRKLAND & ELLIS 153 East 53rd Street New York, NY 1002 Telephone: (212) 446-4800 Facsimile: (212) 446-4900

18

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Exhibit 3

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

PDL BIOPHARMA, INC. Plaintiff, v.

)

1 1
C. A. No. 07-156 (***)

) ) ) ALEXION PHARMACEUTICALS, INC., ) ) Defendant. )

PDL BIOPHARMA, INC.'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS (NOS. 1-115) 1'0ALEXION PHARMACEUTICALS, INC. Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiff PDL Biopharma, Inc. requests that Defendant Alexion Pharmaceuticals, Inc. serve PDL with its written responses to these requests for production and produce copies of the documents and things requested below at the law offices of Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores CA 94065 within 30 days after service hereof. Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, these requests for documents and things are continuing in nature. If, after producing the requested documents and things, Alexion obtains or becomes aware of any further responsive documents or things, Alexion must produce to PDL Biopharma such additional documents and things. DEFINITIONS

1.

"Alexion"

means

defendant

Alexion

Pharmaceuticals, Inc.,

its

predecessors and successors, past and present parents, divisions, subsidiaries, affiliates, and related companies, and all past and present directors, officers, employees, agents, consultants, attorneys and others purporting to act on their behalf. 2. "Communication" means any form of oral or written interchange or

attempted interchange, whether in person, by telephone, by facsimile, by telex, by electronic mail, or by any other medium.

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3. is stored. 4. 5.

"Document" means any physical or electronic media in which information

"FDA" means the U.S. Food and Drug Administration. "Humanized Antibody Products And Methods" means any antibody

containing amino acid sequences from both human and non-human sources or methods for making same, including, without limitation, Soliris. 6. "Patents-In-Suit" means U.S. Patent Nos. 5,693,761, 5,693,762, and

6,180,370, both individually and collectively. 7. "PDL" means plaintiff PDL BioPharma, Inc., Protein Design Labs, Inc.,

and any person or entity purporting to act on their behalf or that Alexion believed or understood to be acting on their behalf. 8. "Related Patents" means all U.S. and foreign patents and patent

applications claiming priority, in whole or part, to U.S. Patent Application 071290,975, both individually and collectively. 9. "Soliris" means (1) any product sold under the trade name Soliris, (2) any

product sold under the generic name eculizurnab, (3) any composition containing the amino acid sequences found in (1) or (2), and (4) any composition containing an amino acid sequence derived from the amino acid sequences found in (1) or (2). INSTRUCTIONS 1. As used in these Requests for Production, the singular shall include the

plural, and the past tense shall include the present tense, and vice versa; the words "and" and "or" shall be both conjunctive and disjunctive; the word "all" shall mean "any and all;" the word "including" shall mean "including without limitation," so as to be most inclusive. 2. Documents produced in response to these requests should be produced as

they are kept in the usual course of business or should be organized and labeled to correspond with the categories in the request.

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3.

If Alexion contends that a portion of a document is subject to being

withheld under a claim of privilege or immunity from production or that a portion of a document is non-responsive to the requests below, produce the entire document with any necessary redactions.

4.

If any document is withheld under a claim of privilege or immunity from

production, identify that document as required by Federal Rule of Civil Procedure 26(b)(5).
5.

These requests are continuing, so that if after responding and producing

documents for inspection and copying, Alexion acquires or locates any additional documents falling within the scope of any of the requests herein, Alexion is to produce such additional documents promptly for inspection and copying. REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: All Documents that describe Alexion's email and document deletion, backup, destruction and retention policies from 1987 to the present. REQUEST FOR PRODUCTION NO. 2: All board minutes, board presentations, and other documents from Alexion's board of directors meetings conceming Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 3: All Documents and things conceming PDL including, without limitation, all letters, faxes, emails, presentations, marketing materials, Documents that constitute, refer to, or reflect actual or prospective business relationships, and discussions pertaining to the same. REOUEST FOR PRODUCTION NO. 4: All Documents that describe Alexion's corporate and personnel structure including, without limitation, organizational charts, from 1987 to the present. REOUEST FOR PRODUCTION NO. 5: All Documents that identify Alexion's affiliates including, without limitation, parent companies, subsidiaries, partnerships, joint ventures, and divisions.

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REQUEST FOR PRODUCTION NO. 6: All Documents that constitute, refer to, or reflect communications between Alexion and the FDA regarding the FDA's approval of Alexion's Humanized Antibody Products And Methods for any use. REQUEST FOR PRODUCTION NO. 7: All Documents that constitute, refer to, or reflect actions taken or activities initiated by Alexion to seek FDA approval of Alexion's Humanized Antibody Products And Methods for any use. REQUEST FOR PRODUCTION NO. 8: All Documents that constitute, refer to, or reflect a relationship between any manufacture, use, sale, offer for sale, or importation of Alexion's Humanized Antibody Products And Methods and the development and submission of information to the FDA. REQUEST FOR PRODUCTION NO. 9: All Documents that constitute, refer to, or reflect distribution of Alexion's Humanized Antibody Products And Methods for any purpose. REQUEST FOR PRODUCTION NO. 10: All Documents that constitute, refer to, or reflect Alexion's early access program for Alexion's Humanized Antibody Products And Methods, or any other distribution program for Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 11: All Documents that constitute, refer to, or reflect the composition, sequence, or characterization of Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 12: All Documents that constitute, refer to, or reflect the in vivo or in vitro studies of Alexion's Humanized Antibody Products And Methods.

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REOUEST FOR PRODUCTION NO. 13: All Documents that constitute, refer to, or reflect the characterization of Alexion's Humanized Antibody Products And Methods, including any studies of the binding strength, binding efficiency, binding selectivity, binding constant, or dissociation constant. REOUEST FOR PRODUCTION NO. 14: All Documents that constitute, refer to, or reflect agreements to manufacture Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 15: All Documents that constitute, refer to, or reflect the entities manufacturing Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 16: All Documents that refer to or reflect the time periods and the locations where Alexion's Humanized Antibody Products And Methods have been manufactured. REOUEST FOR PRODUCTION NO. 17: All Documents that constitute, refer to, or reflect any agreement by which Alexion agreed to indemnify any other entity for manufacturing, using, importing, offering to sell, or selling Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 18: All Documents that constitute, refer to, or reflect any investigation, testing, analysis, or study of Alexion's Humanized Antibody Products And Methods conducted by or on the behalf of Alexion. REQUEST FOR PRODUCTION NO. 19: One copy of each version (including each paper, magnetic, and electronic version) of all manuals, user guides, white papers, training guide, brochures, instructions for use, specifications and licenses (both express and implied) for each of Alexion's Humanized Antibody Products And Methods, including prototypes thereof.

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REQUEST FOR PRODUCTION NO. 20: Two representative samples of each Alexion Humanized Antibody Product And Method. REOUEST FOR PRODUCTION NO. 21: All Documents that constitute, refer to, or reflect Alexion's investigation, assessment, or study of the claims of the Patents-In-Suit or Related Patents. REQUEST FOR PRODUCTION NO. 22: All Documents that refer to or reflect the scope of equivalents that Alexion contends should be applied to any claim element of the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 23: All Documents that refer to or reflect what Alexion contends are any noninfringing alternatives to the inventions claimed in any of the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 24: All Documents, things and Communications that constitute, refer to, or reflect potential or actual enforcement of the Patents-In-Suit and Related Patents, including allegations of infringement and notifications of the existence of the aforementioned patents. REOUEST FOR PRODUCTION NO. 25: All Documents and things that constitute, refer to, or reflect the circumstances under which Alexion contends that it received notice of the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 26: All Documents that constitute, refer to, or reflect Communications, meetings, discussions, negotiations, or agreements between Alexion and PDL regarding any of the PatentsIn-Suit. REQUEST FOR PRODUCTION NO. 27: All Documents that refer to or reflect analysis by or on behalf of Alexion about the need to establish accounting reserves in light of the Patents-In-Suit or this litigation.

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REQUEST FOR PRODUCTION NO. 28: All Documents that refer to or reflect the amount of accounting reserves that Alexion has established, or considered establishing, in light of the Patents-In-Suit or this litigation. REQUEST FOR PRODUCTION NO. 29: All Documents that constitute, refer to, or reflect communications by or on behalf of Alexion to financial or securities analysts about the Patents-In-Suit or this litigation. REQUEST FOR PRODUCTION NO. 30: All Documents that constitute, refer to, or reflect communications by or on behalf of Alexion to reporters about the Patents-In-Suit or this litigation. REQUEST FOR PRODUCTION NO. 31: All Documents that constitute, refer to, or reflect communications by or on behalf of Alexion to any other third person or entity about the Patents-In-Suit or this litigation. REQUEST FOR PRODUCTION NO. 32: All Documents that refer to or reflect what Alexion contends are alternatives to Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 33: All Documents that refer to or reflect what any third party has asserted are alternatives to Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 34: All Documents that constitute, refer to, or reflect any attempt to redesign or reformulate Alexion's Humanized Antibody Products And Methods. REOUEST FOR PRODUCTION NO. 35: All Documents that constitute, refer to, or reflect knowledge at Alexion of the Patents-In-Suit.

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REQUEST FOR PRODUCTION NO. 36: All Documents that constitute, refer to, or reflect the possibility of redesigning or seeking an alternative to Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 37: All Documents that constitute, refer to, or reflect the first commercial sale of Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 38: All Documents that constitute, refer to, or reflect knowledge at Alexion of European Patent Office proceedings regarding the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 39: All Documents that constitute, refer to, or reflect any Communications regarding European Patent Office proceedings regarding the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 40: All Documents that constitute, refer to, or reflect involvement by Alexion in European Patent Office proceedings regarding the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 41: All Documents that constitute, refer to, or reflect Alexion's first, and any subsequent awareness of the Patents-In-Suit (having admitted in 77 14, 20, and 26 "that it was aware of the ['761, '762, and '3701 patent[s] prior to the filing of PDL's Complaint."). REQUEST FOR PRODUCTION NO. 42: All Documents that constitute, refer to, or reflect the patents to which Alexion was referring in its Securities and Exchange Commission Form 10-K filings that it was aware of "broad patents owned by third parties relating to the manufacture, use, and sale of recombinant humanized antibodies, recombinant humanized single-chain antibodies, recombinant human antibodies and recombinant human single-chain antibodies."

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REOUEST FOR PRODUCTION NO. 43: All Documents that constitute, refer to, or reflect the patents to which Alexion was referring in its Securities and Exchange Commission Form 10-K filings that it was aware of "broad patents owned by third parties relating to the manufacture, use, and sale of recombinant humanized antibodies, recombinant humanized single-chain antibodies, recombinant human antibodies, recombinant human single-chain antibodies, and genetically engineered animals." REOUEST FOR PRODUCTION NO. 44: All Documents that constitute, refer to, or reflect the patents to which Alexion was referring in its Securities and Exchange Commission Form 10-K filings that it was aware of "broad patents owned by third parties relating to the manufacture, use, and sale of recombinant humanized antibodies, recombinant humanized single-chain antibodies and genetically engineered animals." REQUEST FOR PRODUCTION NO. 45: All Documents that constitute, refer to, or reflect the Patents-In-Suit. REOUEST FOR PRODUCTION NO. 46: All Documents and things that constitute, refer to, or reflect any test, evaluation, comparison, analysis, consideration, study, or reverse engineering conducted by Alexion, or on behalf of Alexion, of any PDL humanized antibody. REOUEST FOR PRODUCTION NO. 47: All Documents and things that Alexion contends support its contention that the Patents-In-Suit are invalid. REOUEST FOR PRODUCTION NO. 48: All Documents and things that refer to or reflect any nexus, or lack thereof, between any secondary indicia of nonobviousness - including commercial success of each invention disclosed or claimed in the Patents-In-Suit and Related Patents - and the advantages of the invention.

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REQUEST FOR PRODUCTION NO. 49: All Documents that refer to or reflect the commercial success, or lack thereof, of any of the subject matters claimed in any of the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 50: All Documents that refer to or reflect any long felt need, or lack thereof, for any of the subject matter claimed in any of the Patents-In-Suit including, without limitation, all Documents Concerning the attempts of others to meet any such need. REQUEST FOR PRODUCTION NO. 51: All Documents that refer to or reflect any unexpected results, or lack thereof, achieved by practicing any of the subject matter claimed in the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 52: All Documents that constitute, refer to, or reflect any copying, or lack thereof, by anyone of any of the subject matter claimed in the Patents-In-Suit. REOUEST FOR PRODUCTION NO. 53: All Documents that constitute, refer to, or reflect any skepticism or disbelief, or lack thereof, expressed by anyone regarding any of the subject matter claimed in the Patents-InSuit. REOUEST FOR PRODUCTION NO. 54: All Documents that constitute, refer to, or reflect any criticism by anyone of any inventions disclosed in the Patents-In-Suit or of the patentability of any inventions disclosed in the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 55: All documents that constitute, refer to, or reflect prior art Alexion intends to rely on. REOUEST FOR PRODUCTION NO. 56: All Documents, things and Communications that constitute, refer to, or reflect actual or potential prior art to the Patents-In-Suit and Related Patents obtained by or received

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from any person at any time. REQUEST FOR PRODUCTION NO. 57: All Documents and things that refer to or reflect the state of the art relevant to each of the Patents-In-Suit and Related Patents as of the effective filing date. REQUEST FOR PRODUCTION NO. 58: All Documents and things that constitute, refer to, or reflect actual or potential prior art, or asserted as comprising actual or potential prior art, to the Patents-In-Suit and Related Patents, including all prior art and alleged prior art identified by Alexion or asserted by any person not a party to this lawsuit. REQUEST FOR PRODUCTION NO. 59: All Documents and things that constitute, refer to, or reflect any search for,

r investigation of, or evaluation of, any actual or potential prior a t to the Patents-In-Suit and
Related Patents, including all results obtained from such searches or investigations. REQUEST FOR PRODUCTION NO. 60: All Documents and things that constitute, refer to, or reflect Alexion Humanized Antibody Products and Methods including, without limitation, Documents that constitute, refer to, or reflect Humanized Antibody Products and Methods made, used, sold, offered for sale, or imported into the United States by PDL, Genentech, Glaxosmithkline, Medimmune, Eli Lilly and Co., and Abbott Laboratories. REQUEST FOR PRODUCTION NO. 61: All Documents or things that refer to or reflect the scope, validity, or enforceability of any Patent-In-Suit. REQUEST FOR PRODUCTION NO. 62: All publications or other public Documents that refer to or reflect any of the subject matter disclosed in the Patents-In-Suit or Related Applications including, without limitation, articles, speeches, presentations, and other like documents.

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REOUEST FOR PRODUCTION NO. 63: All Documents that refer to or reflect any conference, symposium, seminar, trade show, convention, exhibition or panel discussion Concerning, in whole or in part, any subject matter disclosed in the Patents-In-Suit or Related Applications. REQUEST FOR PRODUCTION NO. 64: All Documents that constitute, refer to, or reflect prior art to the Patents-In-Suit and Related Applications. REOUEST FOR PRODUCTION NO. 65: Copies of all of Alexion's financial statements including annual reports, required financial filings, statements of operations, balance sheets, statements of changes in retained earnings and notes thereto, whether prepared for internal or external purposes. REOUEST FOR PRODUCTION NO. 66: All Documents and things that constitute, refer to, or reflect actual or potential market research or consumer perception studies that refer to Alexion Humanized Antibody Products And Methods, including prototypes and samples of the aforementioned products and methods, and competing methods or products. REOUEST FOR PRODUCTION NO. 67: All Documents and things that constitute, refer to, or reflect the actual and projected profitability of each Alexion Humanized Antibody Product And Method, including sales forecasts, projected profit, profit calculations, unit sales, revenues, cost of sales, order contribution, product margin, product contribution margin, gross margins, and operating margins, and a list of the top twenty customers for each of the aforementioned products and methods by unit sales and revenue for each year from March 16,2007 to the present. REOUEST FOR PRODUCTION NO. 68: All Documents and things that constitute, refer to, or reflect the actual and forecasted market share of each Alexion Humanized Antibody Product And Method.

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REQUEST FOR PRODUCTION NO. 69: All Documents that refer to or reflect Alexion's competition in the market for Alexion Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 70: All Documents that constitute, refer to, or reflect Alexion's attempts to purchase, license or otherwise obtain a right, title or interest in the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 71: All Documents that reflect Alexion's net profits or losses selling Alexion's Humanized Antibody Products And Methods, including Documents that reflect gross sales, all costs of sales, manufacturing costs, research and development costs, marketing costs, support costs, and profit margins. REQUEST FOR PRODUCTION NO. 72: All Documents that refer to or reflect the projected profit or profit calculations for any Alexion Humanized Antibody Products And Methods, whether or not such products were completed and/or commercialized including, without limitation, unit sales and revenues. REOUEST FOR PRODUCTION NO. 73: All Documents that constitute, refer to, or reflect market studies, reports, or analyses that refer to or reflect product design, competition, consumer surveys, outside consultant surveys, advertising campaigns, promotional and sales training materials, market segments, market share, or market revenue (whether actual or projected) that refer to or reflect Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 74: All Documents and things sufficient to identify on a customer-by-customer basis the unit sales and revenue for each Alexion Humanized Antibody Product And Method, including prototypes thereof.

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REQUEST FOR PRODUCTION NO. 75: Documents that constitute, refer to, or reflect royalties paid by Alexion to every licensor of any patent in the fields of recombinant DNA, antibodies, or humanized antibodies to which Alexion has obtained a license. REQUEST FOR PRODUCTION NO. 76: All Documents that constitute, refer to, or reflect discussions between Alexion and any other entity for a license to a patent or patents in the fields of recombinant DNA, antibodies, or humanized antibodies. REQUEST FOR PRODUCTION NO. 77: All Documents that constitute, refer to, or reflect Communications between Alexion and any third parties that refer to the Patents-In-Suit and any Related Applications. REQUEST FOR PRODUCTION NO. 78: Pleadings, discovery, discovery responses, briefs, submissions to the court, transcripts, and correspondence between the parties in Oklahoma Medical Research Foundation

v. Alexion Pharmaceuticals, Znc., Case No. 4:07-CV-00163-GKF-SAJ.
REOUEST FOR PRODUCTION NO. 79: All Documents that constitute, refer to, or reflect Communications between Oklahoma Medical Research Foundation and Alexion that refer to Oklahoma Medical Research

Foundation v. Alexion Pharmaceuticals, Inc., Case No. 4:07-CV-00163-GKF-SAJ, Humanized
Antibody Products And Methods, PDL, or the Patents-In-Suit. REQUEST FOR PRODUCTION NO. 80: All Documents, things, and Communications that constitute, refer to, or reflect any contract, assignment, license, effort to license, agreement, covenant not to sue, or settlement agreement that refer to the Patents-In-Suit and Related Patents. REQUEST FOR PRODUCTION NO. 81: All Documents that refer to or reflect any litigation, dispute, contested proceeding, interference, request for reexamination, reexamination, opposition, reissue or charge

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of infringement that involved or involves any of the Patents-In-Suit or Related Applications including, without limitation, oppositions to EP 0682040 and EP 0451216. REOUEST FOR PRODUCTION NO. 82: All Documents and things subpoenaed by Alexion, or at the direction of Alexion, from third parties to any action that refer to or reflect the Patents-In-Suit or Related Patents. REOUEST FOR PRODUCTION NO. 83: All Documents produced to Alexion in response to any subpoena served in this action to any third parties. REOUEST FOR PRODUCTION NO. 84: All Documents and things identified or described (individually or by category) by Alexion in its Federal Rule of Civil Procedure 26(a) Initial Disclosures. REOUEST FOR PRODUCTION NO. 85: All Documents and things that Alexion was requested to identify or that Alexion identified in its responses to any PDL interrogatory to Alexion. REOUEST FOR PRODUCTION NO. 86: All Documents and things that PDL reviewed, considered, or relied upon in answering any PDL interrogatory to Alexion. REQUEST FOR PRODUCTION NO. 87: All Documents that Alexion contends support its assertion in paragraph 12 of its

Answer And Counterclaims that "Alexion denies that the '761 patent was duly and legally
issued." REOUEST FOR PRODUCTION NO. 88: All Documents that Alexion contends support its assertion in paragraph 18 of its

Answer And Counterclaims that "Alexion denies that the '762 patent was duly and legally
issued."

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REOUEST FOR PRODUCTION NO. 89: All Documents that Alexion contends support its assertion in paragraph 24 of its

Answer And Counterclaims that "Alexion denies that the '370 patent was duly and legally
issued." REQUEST FOR PRODUCTION NO. 90: All Documents and things that Alexion contends support its allegation in its

Answer And Counterclaims that (1) it does not infringe any asserted claim of the Patents-In-Suit,
and (2) it does not contribute to the infringement of any asserted claim of the Patents-In-Suit. REOUEST FOR PRODUCTION NO. 91: All Documents and things that Alexion contends support its allegation in its

Answer And Counterclaims that this case is in any way exceptional pursuant to 35 U.S.C. 5 285.
REQUEST FOR PRODUCTION NO. 92: All Documents and things that Alexion contends support its allegation in its

Answer And CountercZaims that any infringement of the Patents-In-Suit is or was not willful.
REOUEST FOR PRODUCTION NO. 93: All Documents and things that Alexion contends support its allegation in its

Answer And Counterclaims that PDL is not entitled to relief.
REQUEST FOR PRODUCTION NO. 94: All Documents and things that Alexion contends support its allegations in its

Answer And Counterclaims that the Patents-In-Suit are invalid for failure to comply with the
requirements of U.S.C.

5 101 et seq. including, without limitation, $5 102, 103 and 112.

REQUEST FOR PRODUCTION NO. 95: All Documents that constitute, refer to, or reflect Dr. Max Link's knowledge of Alexion's Humanized Antibody Products And Methods. RFOUEST FOR PRODUCTION NO. 96: All Documents that constitute, refer to, or reflect Dr. Max Link's knowledge of the Patents-In-Suit.

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REOUEST FOR PRODUCTION NO. 97: All Documents that constitute, refer to, or reflect any discussion or attempt to limit the information Dr. Max Link received regarding Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 98: All Documents that constitute, refer to, or reflect Dr. Max Link's work on the Alexion Compliance and Quality Committee relating to Alexion's Humanized Antibody Products And Methods. REQUEST FOR PRODUCTION NO. 99: All Documents that constitute the meeting minutes or other official records of the Alexion Compliance and Quality Committee on which Dr. Max Link served. REOUEST FOR PRODUCTION NO. 100: All Documents provided to, received by, or created by the Alexion Compliance and Quality Committee that refer to the Patents-In-Suit. REOUEST FOR PRODUCTION NO. 101: All Documents provided to, received by, or created by the Alexion Compliance and Quality Committee that refer to PDL. REOUEST FOR PRODUCTION NO. 102: All Documents that constitute, refer to, or reflect email sent or received by Dr. Max Link at Alexion that refer to or reflect the Patents-In-Suit including, without limitation whether the Patents-In-Suit are infringed, valid, or should be licensed. REOUEST FOR PRODUCTION NO. 103: All Documents and things that constitute, refer to, or reflect the level of skill, knowledge, education, experience or expertise of a person having ordinary skill in the art that refer to or reflect any invention disclosed or claimed in the Patents-In-Suit and Related Patents as of the filing date of the foregoing.

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REOUEST FOR PRODUCTION NO. 104: Any research conducted by, or on behalf of, any individual in his or her cap