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


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Case 1:07-cv-00156-JJF

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TAB 1

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AO88 (DE Rev. 01/07) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises -- or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. "PDL" means PDL Biopharma, Inc., Protein Design Labs, Inc., and all of their corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents, and employees. 2. "You" or "your" means the entity to which this subpoena is directed, Chugai Pharma USA, LLC, and all of your corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents and employees, including, without limitation, Chugai Pharmaceutical Co., Ltd., Hoffmann-La Roche Inc., F. Hoffmann-La Roche, Ltd., Genentech, Inc., and Roche Holdings. 3. "Document" shall have the full meaning ascribed to it by the Federal Rules of Civil Procedure, including the original and every non-identical copy or reproduction in your possession, custody, or control, shall include any means for retaining information, whether electronic or otherwise, and shall also include electronically-stored information and tangible things under Fed. R. Civ. P. 34. 4. "Communication" means any transmission of information, such as via telephone, letters, telegrams, e-mail, face-to-face conversations, or any other means. 5. "Queen Patents" means U.S. Patents Nos. 5,693,761; 5,693,762; 6,180,370; 5,530,101; and 5,585,089, including all U.S. patent applications (without regard to whether the application matured into an issued patent), including parent or related applications, reissue applications, divisional applications, continuation, continuations-in-part, filed in support of or related to any such U.S. patent, as well as all foreign patents and foreign patent applications related to any such U.S. patent. 6. "Lawsuit" means the patent litigation regarding PDL's Patents Nos. 5,693,761; 5,693,762; and 6,180,370, captioned PDL BioPharma, Inc. v. Alexion Pharmaceuticals, Inc. (United States District Court, District of Delaware, Civil Action No. 07-156), in which Alexion Pharmaceuticals, Inc. has asserted that any or all of PDL's Queen Patents are invalid, not enforceable, and not infringed. 7. As used herein, the words "and" and "or" shall be construed both conjunctively and disjunctively so as to give the broadest meaning possible to the topics and definitions containing those words. 8. "Concerning" means referring to, relating to, embodying, containing, memorializing, evidencing, describing, reflecting, identifying, supporting, analyzing, discussing, mentioning, summarizing, or pertaining in any way to, in whole or in part, the stated subject matter. 9. The use of the singular form of any word includes the plural and vice versa. 10. To the extent that this subpoena requires you to provide confidential information and documents, attached is a copy of the Protective Order that governs all documents, things and testimony obtained through discovery in this litigation and that provides protections

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to maintain the confidentiality of documents, things and testimony that are designated as confidential by a non-party. 11. To the extent that this subpoena requests information that you contend is subject to the attorney-client privilege, work product immunity, or other ground for privilege, please identify such information on a privilege log by date, author, addressees and others who received or saw the original or copy, type of document or information, nature of the privilege or protection claimed, and a brief explanation of the basis for your claim of privilege or other protection. REQUESTS FOR THE PRODUCTION You are commanded to produce and permit inspection and copying of the following documents: REQUEST NO. 1: All documents concerning any communication with PDL regarding PDL's Queen Patents. REQUEST NO. 2: All documents concerning any negotiations, consideration or communications with PDL regarding your decision of whether or not to enter into a license or other agreement with PDL concerning one or more of the Queen Patents. REQUEST NO. 3: Any licenses or other agreements with PDL concerning the Queen Patents and/or humanized monoclonal antibodies, including, without limitation, Actemra® and tocilizumab, and any drafts, amendments, addenda, or changes thereto. REQUEST NO. 4: Documents sufficient to demonstrate any royalties, payments or other consideration paid or otherwise exchanged under any licenses or other agreements with PDL concerning the Queen Patents or humanized monoclonal antibodies.

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REQUEST NO. 5: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether PDL's Queen Patents are valid and enforceable, including, without limitation, any prior art or potential prior art to PDL's Queen Patents and all documents concerning any opposition proceeding to European Patent No. 451216B1. REQUEST NO. 6: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any of your antibody products or methods infringe PDL's Queen Patents, including, without limitation, any products or methods under license with PDL. REQUEST NO. 7: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any antibody products or methods developed, manufactured, sold or offered for sale by others infringe PDL's Queen Patents, including, without limitation, any antibody products in clinical testing. REQUEST NO. 8: All documents concerning any communication with PDL regarding the Lawsuit, Alexion Pharmaceuticals, Inc., or Soliris® (eculizumab). REQUEST NO. 9: All documents concerning any attempt by PDL to offer for sale, sell, or otherwise encumber the royalty streams from the Queen Patents. REQUEST NO. 10: Documents sufficient to show the method used by you to produce any humanized immunoglobulin products under license with PDL (e.g. Actemra® and 3

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tocilizumab), including, without limitation, documents sufficient to show the amino acid sequences of the human acceptors and/or non-human donors used to produce any such humanized immunoglobulin products. REQUEST NO. 11: Documents sufficient to show the composition, including amino acid sequences, of each of your humanized immunoglobulin products, including any antibody products under license with PDL (e.g. Actemra® and tocilizumab). REQUEST NO. 12: Documents sufficient to show any research and development activities concerning any humanized immunoglobulin products or methods used to produce any such products before December 19, 1990 by you, and the dates of such activities, including, without limitation, documents summarizing the development of the products and methods and documents showing the sequence, structure, method of construction, and characterization of any such products. REQUEST NO. 13: Documents sufficient to show any efforts to conduct clinical trials concerning, commercialize or publicize any of the products and methods responsive to Request No. 12, including, without limitation, documents summarizing the development of the products and methods from conception to clinical trials, commercialization, or publication.

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TAB 2

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AO88 (DE Rev. 01/07) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises -- or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. "PDL" means PDL Biopharma, Inc., Protein Design Labs, Inc., and all of their corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents, and employees. 2. "You" or "your" means the entity to which this subpoena is directed, Genentech, Inc., and all of your corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents and employees, including, without limitation, Chugai Pharmaceutical Co., Ltd., Hoffmann-La Roche Inc., F. Hoffmann-La Roche, Ltd., and Roche Holdings. 3. "Document" shall have the full meaning ascribed to it by the Federal Rules of Civil Procedure, including the original and every non-identical copy or reproduction in your possession, custody, or control, shall include any means for retaining information, whether electronic or otherwise, and shall also include electronically-stored information and tangible things under Fed. R. Civ. P. 34. 4. "Communication" means any transmission of information, such as via telephone, letters, telegrams, e-mail, face-to-face conversations, or any other means. 5. "Queen Patents" means U.S. Patents Nos. 5,693,761; 5,693,762; 6,180,370; 5,530,101; and 5,585,089, including all U.S. patent applications (without regard to whether the application matured into an issued patent), including parent or related applications, reissue applications, divisional applications, continuation, continuations-in-part, filed in support of or related to any such U.S. patent, as well as all foreign patents and foreign patent applications related to any such U.S. patent. 6. "Lawsuit" means the patent litigation regarding PDL's Patents Nos. 5,693,761; 5,693,762; and 6,180,370, captioned PDL BioPharma, Inc. v. Alexion Pharmaceuticals, Inc. (United States District Court, District of Delaware, Civil Action No. 07-156), in which Alexion Pharmaceuticals, Inc. has asserted that any or all of PDL's Queen Patents are invalid, not enforceable, and not infringed. 7. As used herein, the words "and" and "or" shall be construed both conjunctively and disjunctively so as to give the broadest meaning possible to the topics and definitions containing those words. 8. "Concerning" means referring to, relating to, embodying, containing, memorializing, evidencing, describing, reflecting, identifying, supporting, analyzing, discussing, mentioning, summarizing, or pertaining in any way to, in whole or in part, the stated subject matter. 9. The use of the singular form of any word includes the plural and vice versa.

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10. To the extent that this subpoena requires you to provide confidential information and documents, attached is a copy of the Protective Order that governs all documents, things and testimony obtained through discovery in this litigation and that provides protections to maintain the confidentiality of documents, things and testimony that are designated as confidential by a non-party. 11. To the extent that this subpoena requests information that you contend is subject to the attorney-client privilege, work product immunity, or other ground for privilege, please identify such information on a privilege log by date, author, addressees and others who received or saw the original or copy, type of document or information, nature of the privilege or protection claimed, and a brief explanation of the basis for your claim of privilege or other protection. REQUESTS FOR THE PRODUCTION You are commanded to produce and permit inspection and copying of the following documents: REQUEST NO. 1: All documents concerning any communication with PDL regarding PDL's Queen Patents. REQUEST NO. 2: All documents concerning any negotiations, consideration or communications with PDL regarding your decision of whether or not to enter into a license or other agreement with PDL concerning one or more of the Queen Patents. REQUEST NO. 3: Any licenses or other agreements with PDL concerning the Queen Patents and/or humanized monoclonal antibodies, including, without limitation, AvastinTM, Herceptin®, Xolair®, Raptiva®, Lucentis®, bevacizumab, trastuzumab, omalizumab, efalizumab, and ranibizumab, and any drafts, amendments, addenda, or changes thereto.

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REQUEST NO. 4: Documents sufficient to demonstrate any royalties, payments or other consideration paid or otherwise exchanged under any licenses or other agreements with PDL concerning the Queen Patents or humanized monoclonal antibodies. REQUEST NO. 5: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether PDL's Queen Patents are valid and enforceable, including, without limitation, any prior art or potential prior art to PDL's Queen Patents and all documents concerning any opposition proceeding to European Patent No. 451216B1. REQUEST NO. 6: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any of your antibody products or methods infringe PDL's Queen Patents, including, without limitation, any products or methods under license with PDL. REQUEST NO. 7: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any antibody products or methods developed, manufactured, sold or offered for sale by others infringe PDL's Queen Patents, including, without limitation, any antibody products in clinical testing. REQUEST NO. 8: All documents concerning any communication with PDL regarding the Lawsuit, Alexion Pharmaceuticals, Inc., or Soliris® (eculizumab).

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REQUEST NO. 9: All documents concerning any attempt by PDL to offer for sale, sell, or otherwise encumber the royalty streams from the Queen Patents. REQUEST NO. 10: Documents sufficient to show the method used by you to produce any humanized immunoglobulin products under license with PDL (e.g. AvastinTM, Herceptin®, Xolair®, Raptiva®, Lucentis®, bevacizumab, trastuzumab, omalizumab, efalizumab, and ranibizumab), including, without limitation, documents sufficient to show the amino acid sequences of the human acceptors and/or non-human donors used to produce any such humanized immunoglobulin products. REQUEST NO. 11: Documents sufficient to show the composition, including amino acid sequences, of each of your humanized immunoglobulin products, including any antibody products under license with PDL (e.g. AvastinTM, Herceptin®, Xolair®, Raptiva®, Lucentis®, bevacizumab, trastuzumab, omalizumab, efalizumab, and ranibizumab). REQUEST NO. 12: Documents sufficient to show any research and development activities concerning any humanized immunoglobulin products or methods used to produce any such products before December 19, 1990 by you, and the dates of such activities, including, without limitation, documents summarizing the development of the products and methods and documents showing the sequence, structure, method of construction, and characterization of any such products.

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REQUEST NO. 13: Documents sufficient to show any efforts to conduct clinical trials concerning, commercialize or publicize any of the products and methods responsive to Request No. 12, including, without limitation, documents summarizing the development of the products and methods from conception to clinical trials, commercialization, or publication.

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises -- or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. "PDL" means PDL Biopharma, Inc., Protein Design Labs, Inc., and all of their corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents, and employees. 2. "You" or "your" means the entity to which this subpoena is directed, Hoffmann-La Roche Inc., and all of your corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents and employees, including, without limitation, F. Hoffmann-La Roche, Ltd., Chugai Pharmaceutical Co., Ltd., Genentech, Inc., and Roche Holdings. 3. "Document" shall have the full meaning ascribed to it by the Federal Rules of Civil Procedure, including the original and every non-identical copy or reproduction in your possession, custody, or control, shall include any means for retaining information, whether electronic or otherwise, and shall also include electronically-stored information and tangible things under Fed. R. Civ. P. 34. 4. "Communication" means any transmission of information, such as via telephone, letters, telegrams, e-mail, face-to-face conversations, or any other means. 5. "Queen Patents" means U.S. Patents Nos. 5,693,761; 5,693,762; 6,180,370; 5,530,101; and 5,585,089, including all U.S. patent applications (without regard to whether the application matured into an issued patent), including parent or related applications, reissue applications, divisional applications, continuation, continuations-in-part, filed in support of or related to any such U.S. patent, as well as all foreign patents and foreign patent applications related to any such U.S. patent. 6. "Lawsuit" means the patent litigation regarding PDL's Patents Nos. 5,693,761; 5,693,762; and 6,180,370, captioned PDL BioPharma, Inc. v. Alexion Pharmaceuticals, Inc. (United States District Court, District of Delaware, Civil Action No. 07-156), in which Alexion Pharmaceuticals, Inc. has asserted that any or all of PDL's Queen Patents are invalid, not enforceable, and not infringed. 7. As used herein, the words "and" and "or" shall be construed both conjunctively and disjunctively so as to give the broadest meaning possible to the topics and definitions containing those words. 8. "Concerning" means referring to, relating to, embodying, containing, memorializing, evidencing, describing, reflecting, identifying, supporting, analyzing, discussing, mentioning, summarizing, or pertaining in any way to, in whole or in part, the stated subject matter. 9. The use of the singular form of any word includes the plural and vice versa. 10. To the extent that this subpoena requires you to provide confidential information and documents, attached is a copy of the Protective Order that governs all documents, things and testimony obtained through discovery in this litigation and that provides protections to maintain the confidentiality of documents, things and testimony that are designated as confidential by a non-party.

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11. To the extent that this subpoena requests information that you contend is subject to the attorney-client privilege, work product immunity, or other ground for privilege, please identify such information on a privilege log by date, author, addressees and others who received or saw the original or copy, type of document or information, nature of the privilege or protection claimed, and a brief explanation of the basis for your claim of privilege or other protection. REQUESTS FOR THE PRODUCTION You are commanded to produce and permit inspection and copying of the following documents: REQUEST NO. 1: All documents concerning any communication with PDL regarding PDL's Queen Patents. REQUEST NO. 2: All documents concerning any negotiations, consideration or communications with PDL regarding your decision of whether or not to enter into a license or other agreement with PDL concerning one or more of the Queen Patents. REQUEST NO. 3: Any licenses or other agreements with PDL concerning the Queen Patents and/or humanized monoclonal antibodies, including, without limitation, Actemra®, Zenapax®, HuMikbeta1, tocilizumab, and daclizumab, and any drafts, amendments, addenda, or changes thereto. REQUEST NO. 4: Documents sufficient to demonstrate any royalties, payments or other consideration paid or otherwise exchanged under any licenses or other agreements with PDL concerning the Queen Patents or humanized monoclonal antibodies.

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REQUEST NO. 5: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether PDL's Queen Patents are valid and enforceable, including, without limitation, any prior art or potential prior art to PDL's Queen Patents. REQUEST NO. 6: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any of your antibody products or methods infringe PDL's Queen Patents, including, without limitation, any products or methods under license with PDL. REQUEST NO. 7: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any antibody products or methods developed, manufactured, sold or offered for sale by others infringe PDL's Queen Patents, including, without limitation, any antibody products in clinical testing. REQUEST NO. 8: All documents concerning any communication with PDL regarding the Lawsuit, Alexion Pharmaceuticals, Inc., or Soliris® (eculizumab). REQUEST NO. 9: All documents concerning any attempt by PDL to offer for sale, sell, or otherwise encumber the royalty streams from the Queen Patents. REQUEST NO. 10: Documents sufficient to show the method used by you to produce any humanized immunoglobulin products under license with PDL (e.g. Actemra®, Zenapax®, HuMikbeta1, tocilizumab, and daclizumab), including, without limitation, documents 3

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sufficient to show the amino acid sequences of the human acceptors and/or non-human donors used to produce any such humanized immunoglobulin products. REQUEST NO. 11: Documents sufficient to show the composition, including amino acid sequences, of each of your humanized immunoglobulin products, including any antibody products under license with PDL (e.g. Actemra®, Zenapax®, HuMikbeta1, tocilizumab, and daclizumab). REQUEST NO. 12: Documents sufficient to show any research and development activities concerning any humanized immunoglobulin products or methods used to produce any such products before December 19, 1990 by you, and the dates of such activities, including, without limitation, documents summarizing the development of the products and methods and documents showing the sequence, structure, method of construction, and characterization of any such products. REQUEST NO. 13: Documents sufficient to show any efforts to conduct clinical trials concerning, commercialize or publicize any of the products and methods responsive to Request No. 12, including, without limitation, documents summarizing the development of the products and methods from conception to clinical trials, commercialization, or publication.

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TAB 4

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AO88 (DE Rev. 01/07) Subpoena in a Civil Case

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PROOF OF SERVICE
DATE PLACE

SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises -- or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) (A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).

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Filed 07/10/2008

Page 74 of 93

EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. "PDL" means PDL Biopharma, Inc., Protein Design Labs, Inc., and all of their corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents, and employees. 2. "You" or "your" means the entity to which this subpoena is directed, Wyeth, and all of your corporate parents, corporate predecessors and past or present subsidiaries, affiliates, joint ventures, divisions, departments, officers, directors, principals, agents and employees, including, without limitation, American Home Products Corporation, Wyeth Pharmaceuticals, Inc., and Genetics Institute, Inc. 3. "Document" shall have the full meaning ascribed to it by the Federal Rules of Civil Procedure, including the original and every non-identical copy or reproduction in your possession, custody, or control, shall include any means for retaining information, whether electronic or otherwise, and shall also include electronically-stored information and tangible things under Fed. R. Civ. P. 34. 4. "Communication" means any transmission of information, such as via telephone, letters, telegrams, e-mail, face-to-face conversations, or any other means. 5. "Queen Patents" means U.S. Patents Nos. 5,693,761; 5,693,762; 6,180,370; 5,530,101; and 5,585,089, including all U.S. patent applications (without regard to whether the application matured into an issued patent), including parent or related applications, reissue applications, divisional applications, continuation, continuations-in-part, filed in support of or related to any such U.S. patent, as well as all foreign patents and foreign patent applications related to any such U.S. patent. 6. "Lawsuit" means the patent litigation regarding PDL's Patents Nos. 5,693,761; 5,693,762; and 6,180,370, captioned PDL BioPharma, Inc. v. Alexion Pharmaceuticals, Inc. (United States District Court, District of Delaware, Civil Action No. 07-156), in which Alexion Pharmaceuticals, Inc. has asserted that any or all of PDL's Queen Patents are invalid, not enforceable, and not infringed. 7. As used herein, the words "and" and "or" shall be construed both conjunctively and disjunctively so as to give the broadest meaning possible to the topics and definitions containing those words. 8. "Concerning" means referring to, relating to, embodying, containing, memorializing, evidencing, describing, reflecting, identifying, supporting, analyzing, discussing, mentioning, summarizing, or pertaining in any way to, in whole or in part, the stated subject matter. 9. The use of the singular form of any word includes the plural and vice versa. 10. To the extent that this subpoena requires you to provide confidential information and documents, attached is a copy of the Protective Order that governs all documents, things and testimony obtained through discovery in this litigation and that provides protections to maintain the confidentiality of documents, things and testimony that are designated as confidential by a non-party.

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11. To the extent that this subpoena requests information that you contend is subject to the attorney-client privilege, work product immunity, or other ground for privilege, please identify such information on a privilege log by date, author, addressees and others who received or saw the original or copy, type of document or information, nature of the privilege or protection claimed, and a brief explanation of the basis for your claim of privilege or other protection. REQUESTS FOR THE PRODUCTION You are commanded to produce and permit inspection and copying of the following documents: REQUEST NO. 1: All documents concerning any communication with PDL regarding PDL's Queen Patents. REQUEST NO. 2: All documents concerning any negotiations, consideration or communications with PDL regarding your decision of whether or not to enter into a license or other agreement with PDL concerning one or more of the Queen Patents. REQUEST NO. 3: Any licenses or other agreements with PDL concerning the Queen Patents and/or humanized monoclonal antibodies, including, without limitation, Mylotarg® and gemtuzumab ozogamicin, and any drafts, amendments, addenda, or changes thereto. REQUEST NO. 4: Documents sufficient to demonstrate any royalties, payments or other consideration paid or otherwise exchanged under any licenses or other agreements with PDL concerning the Queen Patents or humanized monoclonal antibodies.

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REQUEST NO. 5: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether PDL's Queen Patents are valid and enforceable, including, without limitation, any prior art or potential prior art to PDL's Queen Patents. REQUEST NO. 6: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any of your antibody products or methods infringe PDL's Queen Patents, including, without limitation, any products or methods under license with PDL. REQUEST NO. 7: All documents concerning any attempts by you or any other person to assess, reassess, or reevaluate whether any antibody products or methods developed, manufactured, sold or offered for sale by others infringe PDL's Queen Patents, including, without limitation, any antibody products in clinical testing. REQUEST NO. 8: All documents concerning any communication with PDL regarding the Lawsuit, Alexion Pharmaceuticals, Inc., or Soliris® (eculizumab). REQUEST NO. 9: All documents concerning any attempt by PDL to offer for sale, sell, or otherwise encumber the royalty streams from the Queen Patents. REQUEST NO. 10: Documents sufficient to show the method used by you to produce any humanized immunoglobulin products under license with PDL (e.g. Mylotarg® and gemtuzumab ozogamicin), including, without limitation, documents sufficient to show the 3

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amino acid sequences of the human acceptors and/or non-human donors used to produce any such humanized immunoglobulin products. REQUEST NO. 11: Documents sufficient to show the composition, including amino acid sequences, of each of your humanized immunoglobulin products, including any antibody products under license with PDL (e.g. Mylotarg® and gemtuzumab ozogamicin). REQUEST NO. 12: Documents sufficient to show any research and development activities concerning any humanized immunoglobulin products or methods used to produce any such products before December 19, 1990 by you, and the dates of such activities, including, without limitation, documents summarizing the development of the products and methods and documents showing the sequence, structure, method of construction, and characterization of any such products. REQUEST NO. 13: Documents sufficient to show any efforts to conduct clinical trials concerning, commercialize or publicize any of the products and methods responsive to Request No. 12, including, without limitation, documents summarizing the development of the products and methods from conception to clinical trials, commercialization, or publication.

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