UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SANOFI-AVENTIS and )
SANOFI-AVENTIS U.S. LLC, )
) Case No. 07 C 792
Plaintiffs, ) Judge Sleet
)
)
vs. )
)
APOTEX INC. and )
APOTEX CORP., }
)
Defendants. )
DECLARATION OF BERNICE TAO
I, Bernice Tao declare as follows:
I. I am the Director, Regulatory Atifaits U.S. for Apotex inc. In that role, I am familiar M_
with the various pending AN`DA’s that Apotex Inc has pending in the United States including
ANDA 79—O13. in
2. I have personal knowledge ofthe facts set forth herein, or believe them to be tmc
based on my experience in the phannaceatical industry and infomation I have received in the
course of my duties, and am competent to testify to the same.
3. Apotex Inc. is a Canadian corporation whose headquarters and principal place of
business is located at 150 Signet Drive, Toronto, Ontario, Canada MQL ITQ.
4. Apotex Inc. is in the business of developing and manufactuting quality generic
pharmaceuticals.
5. Apotex Inc. prepared and tiled ANDA 79*013 item its ofdces in Canada.
6. Apotex Inc. does not have any employees located in Delaware.
Case 1:07-cv-OO792—G|\/IS Document 12 Filed O1/24/2008 Page 2 of 3
7. To the extent any Apotex Inc. employees are knowledgeable about ANDA No. 79—
013 they are employed at the Canadian location.
8. To the extent Apotex lac. has any documents relevant to ANDA No. 79-013 they are
located at Apotex Incfs Canadian location.
9. Apotex, Incfs paragraph IV letters designated Tammy Mcjlmtlre, Apotex Corp., 2400
N. Commerce Parkway, Suite 400, Weston, Florida 33326 as the person who would accept
service on its behalf
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Dated: January 25 , 2008 ' M
Bernice T
Case 1:07-cv-OO792—G|\/IS Document 12 Filed O1/24/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, Richard L. Horwitz, hereby certify that on January 24, 2008, the attached
document was electronically filed with the Clerk of the Court using CM/ECF which will send
notification to the registered attorney(s) of record that the document has been tiled and is
available for viewing and downloading.
{ hereby certify that on January 24, 2008, I have Electronically Mailed the
document to the following person(s)
J ack B. Blumenfeld John M. Desmarais n
Maryellen Noreika Gerald J. Flattmann, Jr.
James W. Parrott William T. Vuk
Morris, Nichols, Arsht & Ttinneil LLP Kirkland & Ellis LLP ·
1201 Noith Market Street Citigroup Center
P.O. Box 1347 ES3 East S3"] Street
Wilmington, DE 19899 New York, NY 10022
].bIUII't€I`l.I`€Id@Hli1&I.C0m j [email protected]
mnoreil
I /.9/ Richard L. Horwitz
Richard L. Horwitz
Kenneth L. Dorsney
Potter Anderson & Corroon LLP
Hercules Plaza — Sixth Floor
1313 North Market Street
Wilmington, DE 19801
(302) 984~6000
rhorwitz@,pottera.11derson.co1n
l
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