IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

TEIKOKU PHARMA USA, INC.
a California corporation,

Plaintiff,
v.

JAR LABORATORIES LLC,
a Nevada limited liability company,

Defendant.

EASTERN DIVISION

Civil Case No. 12-cv-01864

JAR LABORATORIES LLC,
Counterclaimant,

v.
TEIKOKU PHARMA USA, INC.

a California corporation,
Counterclaim Defendant.

SUPPLEMENTAL DECLARATION OF JOSEPH A. MECKES IN SUPPORT OF
TEIKOKU PHARMA USA, INC.’S MOTION FOR SUMMARY JUDGMENT

David S. Elkins

Noriyuki Shimoda

Joseph A. Meckes

SQUIRE SANDERS (US) LLP
600 Hansen Way

Palo Alto, CA 94304-1043
Telephone: (650) 856-6500
Facsimile: (650) 843-8777

Jack J. Carriglio

MECKLER BULGER TILSON MARICK &
PEARSON

123 North Wacker Drive, Suite 1800
Chicago, IL 60606

Telephone: (312) 474-7900

Facsimile: (312) 474-7898

Attorneys for Plaintiff and Counterclaim
Defendant
TEIKOKU PHARMA USA, INC.


I, Joseph A. Meckes, declare as follows:

1. I am an attorney-at-law, admitted to practice before the courts of the State of
California and before this Court, and am a partner in the law firm of Squire Sanders (US) LLP. I
am one of the attorneys of record for the Plaintiff/Counterclaim Defendant, Teikoku Pharma
USA, Inc. (“TPU”), in this action. I am personally familiar with the facts set forth below and, if
called as a witness, could and would testify competently thereto.

2. Attached as Exhibit A is a true and correct copy of excerpts of the deposition
transcript of Robert Schwartz of Supply Chain Concepts LLC. Attached hereto as Exhibit B are
true and correct copies of the Sales Agreement between JAR Laboratories and Supply Chain
Concepts LLC, which is referred to by Robert Schwartz in his transcript as an “independent
contractor agreement.” Exhibit B contains both a signed copy of the Sales Agreement (Exhibit
28 to the Schwartz Deposition) and a more legible version (Exhibit 27 to the Schwartz
Deposition). Attached hereto as Exhibit C are true and correct copies of e-mails sent by Mr.
Schwartz on behalf of JAR which were marked as Exhibits 30, 31, 32 and 33 at the Schwartz
deposition. Attached hereto as Exhibit D is Exhibit 35 to the Schwartz Deposition.

3. On May 8, 2012, I served discovery on behalf of TPU seeking production of at
least 15 samples of the LidoPatch product. On June 7, 2012, JAR responded that it would not
produce samples because “samples are neither relevant nor calculated to lead to discovery of
admissible evidence.”

4. On June 25, 2012, as part of a meet-and-confer discussion, JAR’s counsel
informed me that JAR had no samples of the LidoPatch product to produce for inspection and
testing. I confirmed counsel’s representation in a letter, which is attached hereto as Exhibit E.
Counsel did not contradict this point.

5. Months later, during the deposition of JAR’s Rule 30(b)(6) designee, I learned
that, in fact, JAR had been testing “hundreds” of patch prototypes throughout the litigation,
directly contradicting counsel’s representations to the contrary. I initiated a meet-and-confer

process, which included the letter attached as Exhibit F.


6. To compromise this issue, JAR’s counsel Annette McGarry sent a letter dated
January 4, 2013, a copy of which is attached as Exhibit G. In the letter, Ms. McGarry stated that
only prototype samples from “the time when the press release was issued on March 14, 2012”
were relevant to JAR’s counterclaims for defamation and product disparagement. Ex. F, 2.

Ms. McGarry stated that JAR did “not have any prototypes from before the filing of the lawsuit
nor did it have a duty to maintain any.” Id. 3. Because “the formulation for LidoPatch changed
in late March 2012,” Ms. McGarry stated that later prototypes could not be relevant to JAR’s
counterclaims. Jd. §2. JAR later permitted TPU to look at and photograph these packaging of
these subsequent “irrelevant” prototypes, but refused to permit TPU to undertake any testing of
them.

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed on July 25, 2013 in San Francisco, California.

/s/ Joseph A. Meckes
Joseph A. Meckes