Free Declaration - District Court of Delaware - Delaware

Case 1:08-cv-00359-JJF-LPS

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Andrew T. Berry Jonathan M.H. Short McCARTER & ENGLISH, LLP Four Gateway Center 100 Mulberry Street Newark, NJ 07102 Telephone: (973) 622-4444 Facsimile: (973) 624-7070
Attorneys for Plaintiffs AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited, IPR Pharmaceuticals, Inc., and Shionogi Seiyaku Kabushiki Kaisha

Of Counsel: Ford F. Farabow, Jr. Charles E. Lipsey York M. Faulkner FINNEGAN, HENDERSON, FARAB OW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, DC 20001 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 Henry J. Renk FITZPATRICK, CELLA, HARPER & SCINTO 30 Rockefeller Plaza New York, NY 10112 Telephone: (212) 218-2100 Facsimile: (212) 218-2200

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

ASTRAZENECA PHARMACEUTICALS LP, ASTRAZENECA UK LIMITED, IPR PHARMACEUTICALS, INC., and SHIONOGI SEIYAKU KABUSHIKI KAISHA, Plaintiffs, vs. AUROBINDO PHARMA LIMITED, and AUROBINDO PHARMA USA INC. Defendants.

Civil Action No. 3:07-cv-06020 (MLC)(JJH)

DECLARATION OF JONATHAN M.H. SHORT IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

Jonathan M.H. Short, of full age, hereby declares as follows:

Case 1:08-cv-00359-JJF-LPS

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1.

I am a member of the bar of this court and am associated with the firm of

McCarter & English, LLP, attorneys for Plaintiffs ASTRAZENECA PHARMACEUTICALS LP, ASTRAZENECA UK LIMITED, IPR PHARMACEUTICALS, INC., and SHIONOGI SENAKU KABUSHIKI KAISHA ("AstraZeneca") in this matter. 2. I submit this declaration in support of AstraZeneca's Opposition to Plaintiffs'

Motion to Dismiss. 3. Attached as Exhibit 1 hereto is a true and correct copy of Aurobindo's Form 356h

portion of its Abbreviated New Drug Application for rosuvastatin calcium tablets. 4. Attached as Exhibit 2 hereto is a true and correct copy of Aurobindo's Form

Cover Letter portion of its Abbreviated New Drug Application for rosuvastatin calcium tablets. 5. Attached as Exhibit 3 hereto is a true and correct copy of Aurobindo's U.S. Agent

Authorization Letter portion of its Abbreviated New Drug Application for rosuvastatin calcium tablets. 6. Attached as Exhibit 4 hereto is a true and correct copy of Aurobindo's Paragraph

IV Certification Letter. 7. Issues important to respond to Aurobindo's allegations relating to Count I of its

Motion to Dismiss are the subject of ongoing jurisdictional discovery. In the related Delaware action, Civil Action No. 1:07-810, Plaintiffs served document requests on Aurobindo Pharma and Aurobindo USA on February 26, 2008, including requests for documents relating to (1) the relationship between Aurobindo Pharma and Aurobindo USA, including relationships between the owners and officers of the companies, (2) the Aurobindo USA employee who signed the ANDA and the agency relationship with Aurobindo Pharma, (3) communications with Aurobindo Pharma relating to the involvement of Aurobindo USA or its employees in filing this

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ANDA, as well as past ANDAs, and (4) importation, marketing, sales, and distribution of Aurobindo products in the United States.

I declare under penalty of perjury that the foregoing is true

an~.,,~D-);f

Dated: March 7, 2008

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