EXHIBIT Q 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 1 of 88
Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 2 of 88
Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 3 of 88
EXHIBIT R 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 4 of 88
BMY Equity

Date Px Last

3/21/2006 22.83

3/22/2006 25.24

3/23/2006 25.5

3/24/2006 25.52

3/27/2006 25.11

3/28/2006 24.89

3/29/2006 24.94

3/30/2006 24.95

3/31/2006 24.61

4/3/2006 24.71

4/4/2006 24.75

4/5/2006 24.54

4/6/2006 24.81

4/7/2006 24.51

4/10/2006 24.27

4/11/2006 24.16

4/12/2006 24.06

4/13/2006 24.04

4/17/2006 24.45

4/18/2006 24.83

4/19/2006 24.73

4/20/2006 24.69

4/21/2006 24.8

4/24/2006 24.59

4/25/2006 24.69

4/26/2006 24.97

4/27/2006 25.27

4/28/2006 25.38

5/1/2006 25

5/2/2006 24.99

5/3/2006 24.89

5/4/2006 25.03

5/5/2006 25.28

5/8/2006 25.11

5/9/2006 25.06

5/10/2006 24.95

5/11/2006 24.62

5/12/2006 24.29

5/15/2006 24.46

5/16/2006 24.57

5/17/2006 24.13

5/18/2006 24.15

5/19/2006 24.17

5/22/2006 23.86

5/23/2006 23.99

5/24/2006 23.97

5/25/2006 24.61

5/26/2006 24.95

5/30/2006 24.56

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 5 of 88
5/31/2006 24.55

6/1/2006 25.15

6/2/2006 25.27

6/5/2006 25.16

6/6/2006 25

6/7/2006 24.9

6/8/2006 25.25

6/9/2006 24.95

6/12/2006 24.48

6/13/2006 24.82

6/14/2006 24.75

6/15/2006 25.27

6/16/2006 25.18

6/19/2006 25.42

6/20/2006 25.56

6/21/2006 25.72

6/22/2006 25.63

6/23/2006 25.51

6/26/2006 25.72

6/27/2006 25.29

6/28/2006 25.25

6/29/2006 25.7

6/30/2006 25.86

7/3/2006 25.74

7/5/2006 25.22

7/6/2006 25.39

7/7/2006 25.33

7/10/2006 25.38

7/11/2006 25.48

7/12/2006 25.08

7/13/2006 24.78

7/14/2006 24.56

7/17/2006 24.66

7/18/2006 24.63

7/19/2006 25.55

7/20/2006 25.64

7/21/2006 25.51

7/24/2006 25.96

7/25/2006 25.89

7/26/2006 25.99

7/27/2006 24.04

7/28/2006 24.47

7/31/2006 23.97

8/1/2006 23.8

8/2/2006 23.69

8/3/2006 23.79

8/4/2006 22.75

8/7/2006 22.77

8/8/2006 21.21

8/9/2006 21.12

8/10/2006 20.83

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 6 of 88
8/11/2006 20.24

8/14/2006 20.41

8/15/2006 20.79

8/16/2006 21.08

8/17/2006 21.48

8/18/2006 21.64

8/21/2006 21.55

8/22/2006 21.84

8/23/2006 21.63

8/24/2006 21.64

8/25/2006 21.68

8/28/2006 21.72

8/29/2006 21.93

8/30/2006 21.98

8/31/2006 21.75

9/1/2006 22.95

9/5/2006 22.78

9/6/2006 22.63

9/7/2006 22.71

9/8/2006 23.18

9/11/2006 23.39

9/12/2006 24.32

9/13/2006 24.81

9/14/2006 24.68

9/15/2006 24.92

9/18/2006 24.88

9/19/2006 24.71

9/20/2006 24.89

9/21/2006 24.71

9/22/2006 25.06

9/25/2006 25.07

9/26/2006 25.1

9/27/2006 25

9/28/2006 24.85

9/29/2006 24.92

10/2/2006 24.68

10/3/2006 24.82

10/4/2006 24.62

10/5/2006 24.52

10/6/2006 24.42

10/9/2006 24.38

10/10/2006 24.49

10/11/2006 24.3

10/12/2006 24.6

10/13/2006 24.55

10/16/2006 24.52

10/17/2006 24.46

10/18/2006 24.73

10/19/2006 24.65

10/20/2006 24.49

10/23/2006 24.57

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 7 of 88
10/24/2006 24.75

10/25/2006 24.66

10/26/2006 24.53

10/27/2006 24.69

10/30/2006 24.33

10/31/2006 24.75

11/1/2006 24.62

11/2/2006 24.47

11/3/2006 24.53

11/6/2006 24.73

11/7/2006 25.08

11/8/2006 24.81

11/9/2006 24.58

11/10/2006 24.42

11/13/2006 24.41

11/14/2006 24.44

11/15/2006 24.5

11/16/2006 24.66

11/17/2006 24.8

11/20/2006 24.55

11/21/2006 24.5

11/22/2006 24.73

11/24/2006 24.47

11/27/2006 24.59

11/28/2006 24.63

11/29/2006 24.79

11/30/2006 24.83

12/1/2006 24.84

12/4/2006 25.24

12/5/2006 25.29

12/6/2006 25.39

12/7/2006 25.25

12/8/2006 25.35

12/11/2006 25.42

12/12/2006 25.46

12/13/2006 25.51

12/14/2006 25.59

12/15/2006 25.61

12/18/2006 25.53

12/19/2006 25.65

12/20/2006 25.77

12/21/2006 26.05

12/22/2006 26

12/26/2006 26.06

12/27/2006 26.29

12/28/2006 26.31

12/29/2006 26.32

1/3/2007 26.38

1/4/2007 26.69

1/5/2007 26.18

1/8/2007 26.1

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 8 of 88
1/9/2007 26.21

1/10/2007 26.2

1/11/2007 26.54

1/12/2007 26.25

1/16/2007 26.57

1/17/2007 26.87

1/18/2007 26.67

1/19/2007 26.63

1/22/2007 26.48

1/23/2007 26.67

1/24/2007 26.99

1/25/2007 26.28

1/26/2007 26.21

1/29/2007 27.43

1/30/2007 28.03

1/31/2007 28.79

2/1/2007 28.8

2/2/2007 28.64

2/5/2007 28.73

2/6/2007 28.75

2/7/2007 28.86

2/8/2007 28.7

2/9/2007 28.52

2/12/2007 27.59

2/13/2007 27.59

2/14/2007 27.72

2/15/2007 27.77

2/16/2007 27.64

2/20/2007 27.42

2/21/2007 27.11

2/22/2007 27.09

2/23/2007 27.05

2/26/2007 27.19

2/27/2007 26.36

2/28/2007 26.38

3/1/2007 26.64

3/2/2007 26.42

3/5/2007 26.35

3/6/2007 27.01

3/7/2007 27.12

3/8/2007 27.16

3/9/2007 26.92

3/12/2007 27.36

3/13/2007 26.8

3/14/2007 27.02

3/15/2007 27.12

3/16/2007 26.82

3/19/2007 26.94

3/20/2007 27.15

3/21/2007 27.71

3/22/2007 27.79

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 9 of 88
3/23/2007 27.6

3/26/2007 27.62

3/27/2007 27.8

3/28/2007 27.62

3/29/2007 27.91

3/30/2007 27.76

4/2/2007 27.88

4/3/2007 27.54

4/4/2007 27.78

4/5/2007 27.82

4/9/2007 27.66

4/10/2007 27.79

4/11/2007 27.52

4/12/2007 27.55

4/13/2007 28.32

4/16/2007 28.46

4/17/2007 28.29

4/18/2007 28.26

4/19/2007 28.42

4/20/2007 28.67

4/23/2007 28.51

4/24/2007 28.78

4/25/2007 29.7

4/26/2007 29.23

4/27/2007 29.17

4/30/2007 28.86

5/1/2007 28.68

5/2/2007 28.7

5/3/2007 29.34

5/4/2007 30.02

5/7/2007 30.11

5/8/2007 30.21

5/9/2007 30.25

5/10/2007 29.88

5/11/2007 30.24

5/14/2007 30.09

5/15/2007 30.23

5/16/2007 30.08

5/17/2007 30.21

5/18/2007 30.45

5/21/2007 30.31

5/22/2007 30.22

5/23/2007 30

5/24/2007 30.03

5/25/2007 30.05

5/29/2007 30.1

5/30/2007 30.12

5/31/2007 30.31

6/1/2007 30.48

6/4/2007 30.44

6/5/2007 30.42

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 10 of 88
6/6/2007 30.17

6/7/2007 29.17

6/8/2007 29.27

6/11/2007 29.18

6/12/2007 28.69

6/13/2007 29.74

6/14/2007 29.83

6/15/2007 30.76

6/18/2007 30.31

6/19/2007 31.58

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 11 of 88
EXHIBIT S 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 12 of 88
Attn: Business/City Editors

August 8, 2006

For Immediate Release

Apotex Launches First Generic Plavix® 

Consumers Have Immediate Access to an Affordable Version of this Important Product.

Weston, FL (August 8, 2006) — Apotex Corp. announced that it has today launched clopidogrel bisulfate 75 mg tablets. 

Clopidogrel is the generic equivalent of Sanofi's Plavix®, which is marketed in the U.S. by Bristol Myers Squibb. 

As the first generic company to file an Abbreviated New Drug Application (ANDA) with the Food and Drug Administration 

(FDA) for clopidogrel, Apotex will have 180 days of market exclusivity for the product. Sales for clopidogrel 75 mg tablets in the 

U.S. for the twelve month period ending June 2006 are approximately $3.77 billion according to IMS Health. 

On July 28, the States' Attorneys General reviewing the modified settlement submitted in June by Apotex, BMS, and Sanofi to 

the Federal Trade Commission (FTC) and the states rejected the agreement. The proposed settlement, which was first 

announced in March, halted the trial over the infringement case filed by Sanofi/BMS against Apotex over U.S Patent No. 

4,847,265 (the '265 patent) that had been scheduled for June. 

Apotex Chief Executive Officer Dr. Barry Sherman said: "Apotex believes its clopidogrel launch to be the largest and most 

successful launch in the history of the generic industry. We are confident that the patent will be held invalid and that the courts

will find inequitable conduct before the Patent Office on the part of Sanofi. Accordingly, Apotex has launched prior to trial so

that patients and public and private health care payers can begin benefiting from a quality, low-cost alternative to Plavix® 

immediately rather than years from now." 

"There should be no mistaking," Sherman added "that our decision to launch a generic version of this blockbuster product at 

risk is a testament to our commitment to patients, consumers, and taxpayers." 

The U.S. Food and Drug Administration approved Apotex's ANDA for clopidogrel in January following the expiration of the 

automatic 30 month stay of approval imposed by federal law when a brand company files an infringement suit against a 

generic manufacturer challenging its patents. At the time of the ANDA's approval, Apotex was in the midst of patent litigation 

with Sanofi-Aventis concerning clopidogrel in the U.S. District Court of the Southern District of New York, over the validity and 

enforceability the '265 patent. 

In March, Apotex, Sanofi and BMS announced a proposed settlement of the litigation. 

After reviewing the proposed settlement, the States' Attorneys General advised that they would not approve the agreement in 

its then current form. In June, Apotex, BMS, and Sanofi announced a modified agreement had been submitted to the FTC and 

the states for review. Both agreements would have resolved the litigation and would have granted Apotex a license to market 

the generic product several months in advance of the expiration of the patent in return for settling the suit. On July 28 the 

States' Attorneys General announced their rejection of the modified agreement. The latter agreement contained provisions 

assuring a smooth launch by Apotex in the event approval of the agreement's settlement terms was not obtained. Under the 

agreement, Sanofi and BMS have agreed not to seek a temporary restraining order in the event Apotex launched sales of the 

generic product and not to seek a preliminary injunction until at least five business days after Apotex began shipments. In the

event Sanofi and BMS ultimately seek a preliminary injunction, Apotex believes it has strong defenses to such an effort. 

As a result, Apotex has decided to immediately launch clopidogrel. 

Apotex' clopidogrel tablets are packaged in bottles of 30s, 90s, 1000s, and 100 count unit dose blisters. 

The Apotex Group manufactures more than 200 different high-quality generic pharmaceuticals, used by millions of patients 

worldwide. Its product line includes oral solids, liquids, injectables, nasal sprays, opthalmics, and inhalation solutions. 

Plavix® is a registered trademark of Sanofi-Aventis.

Apotex Corp. is the U.S. subsidiary of Apotex Inc., the largest Canadian-owned manufacturer of prescription drugs. Through 

its sales and marketing headquarters in Weston, Florida and operations center in Indianapolis, Apotex Corp. is committed to 

providing safe and affordable generic medicines. Products manufactured and marketed by the Apotex Group are sold in 115 

countries around the world. For more information visit www.apotexcorp.com.

Apotex Inc - PressReleases Page 1 of 2

http://www.apotex.com/PressReleases/20060808-01.asp?Printer=yes&xmlfile= 11/6/2007

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 13 of 88
-30-

For further information:

Mr. Elie Betito 

Director Public & Government Affairs 

Tel: 416-749-9300 Ext. 7366 

Cell: 416-558-5491 

ebetito@apotex.com

Maintained by Apotex Inc., Canada

Privacy Policy | Accessibility | Site Terms | ©Apotex Inc. 2007

Last Modified: August 15, 2006 1:18:15 PM

Apotex Inc - PressReleases Page 2 of 2

http://www.apotex.com/PressReleases/20060808-01.asp?Printer=yes&xmlfile= 11/6/2007

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 14 of 88
EXHIBIT T 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 15 of 88
1 of 1 DOCUMENT

Copyright 2006 Newark Morning Ledger Co.

All Rights Reserved

The Star-Ledger (Newark, New Jersey)

August 9, 2006 Wednesday

FINAL EDITION

SECTION: BUSINESS; Pg. 59

LENGTH: 767 words

HEADLINE: Generic Plavix hits the market 2

BYLINE: GEORGE E. JORDAN, STAR-LEDGER STAFF

BODY:

After days of speculation, a Canadian drugmaker yesterday announced it began selling copycat versions of the

blood-thinner Plavix, sending shares of Bristol-Myers Squibb into a tailspin amid concern about the company's

top-selling drug.

The move by Apotex represents a major threat to Bristol and its partner, Sanofi-Aventis, which disclosed in a

Securities and Exchange Commission filing yesterday they had given up some of their legal rights to fight Apotex.

Plavix generated a total of $6.3 billion in revenue last year for Bristol-Myers, which owns the U.S. marketing

rights to the anti-clotting drug, and Sanofi, which discovered Plavix and owns the non-American marketing rights.

Bristol's shares fell 6.9 percent, while Sanofi's stock lost less than 1 percent.

The nation's three biggest pharmaceutical benefits managers - Caremark RX, Express Scripts and Franklin

Lakes-based Medco Health Solutions - said yesterday they would begin filling mail-order prescriptions with generic

Plavix tomorrow. Their shares rose modestly on heavy volume.

Medco's 60 million subscribers represent a quarter of Plavix sales in the United States.

The announcement prompted a mutiny by Wall Street analysts, who speculated Bristol-Myers may be forced to

slash its dividend. Only a week ago, many of the same experts predicted a generic Plavix launch was unlikely.

Analysts from A.G. Edwards, Deutsche Bank, Sanford C. Bernstein and Merrill Lynch all suggested Bristol may

be forced to cut its dividend by half. Michael Krensavage, an analyst with Raymond James, circulated projections that

without Plavix, Bristol's breakup value was as little as $13.75 a share. Only two weeks ago, the stock was trading above

$25.

"We recommend investors avoid both Bristol-Myers Squibb and Sanofi-Aventis until more clarity is gained on the

Plavix situation," Timothy Anderson, a pharmaceutical analyst at Prudential Financial, said in a note to investors.

Generic drugs are priced much cheaper than brand-name medicines, and can lead to an 80 percent plunge in the

name-brand revenue.

Page 1

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 16 of 88
Apotex declined to disclose its price, which Wall Street analysts estimated will be 30 percent to 40 percent less

than the $15 a pill for Plavix.

However much cheaper, a generic version of the popular blood-thinner would be a major blow to Bristol, which

depends on Plavix for an estimated 30 percent to 40 percent of its earnings per share.

Peter Dolan, Bristol's chief executive, said in an open letter to employees, "It is too early to determine what effect

this action by Apotex could have on the Plavix business," but he warned plans for the Plavix franchise "cannot be

sustained if we no longer have exclusivity for this product."

Apotex launched its copycat versions after a group of state attorneys general vetoed Bristol's proposed settlement

of a patent dispute with Apotex that would have kept generic Plavix off the market until 2011. The U.S. Department of

Justice has opened a criminal investigation into the settlement, which was announced in March.

"There should be no mistaking that our decision to launch a generic version of this blockbuster product at risk is a

testament to our commitment to patients, consumers and taxpayers," Apotex Chief Executive Barry Sherman said in a

news release.

By launching generic Plavix without waiting for a court ruling, Apotex is selling copycat versions "at risk,"

meaning that under U.S. patent law, it could be forced to reimburse Bristol-Myers and Sanofi for their lost profits.

Apotex received approval in January from the Food and Drug Administration to produce and sell the generic

Plavix, known by the name clopidogrel, in the United States. However, Bristol and Sanofi claim the patent on the drug

remains in force until 2011.

Tony Plohoros, a Bristol spokesman, said the company was weighing its options and would "vigorously defend our

intellectual property rights." Among Bristol's options are to slash the price of Plavix, launch its own generic version or

sue Apotex and seek an injunction blocking sales of the generic.

Bristol and Sanofi said they must wait five days before seeking an injunction to stop Apotex, which has fought

over the Plavix patent for years. U.S. District Judge Sidney Stein in New York on Monday denied a request to

temporarily block generic Plavix sales until the lawsuit is ruled on, Sanofi said in its statement.

Even if a judge grants an injunction, Bristol's sales of Plavix still may substantially suffer if Apotex ships large

amounts of generic Plavix to distributors.

George E. Jordan may be reached at gjordan@starledger.com or (973) 392-1801.

GRAPHIC: CHART: BRISTOL-MYERS SQUIBB

LOAD-DATE: April 19, 2007

Page 2

Generic Plavix hits the market 2 The Star-Ledger (Newark, New Jersey) August 9, 2006 Wednesday

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 17 of 88
EXHIBIT U 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 18 of 88
1 of 1 DOCUMENT

Copyright 2006 The Houston Chronicle Publishing Company

All Rights Reserved

The Houston Chronicle

August 9, 2006 Wednesday

3 STAR EDITION

SECTION: BUSINESS; Pg. 3

LENGTH: 385 words

HEADLINE: PATENT DISPUTE;

Drug fight escalates;

Bristol-Myers shares slip after rival launches generic version of blood thinner

BYLINE: THERESA AGOVINO, WALLACE WITKOWSKI, Associated Press

DATELINE: NEW YORK

BODY:

NEW YORK - Bristol-Myers Squibb Co. shares plunged nearly 7 percent Tuesday amid concerns that its earnings

and dividend are in serious jeopardy now that a generic version of its best-selling medicine has been launched by

Apotex Corp.

Some patients will likely to be able to purchase the generic version of blood thinner Plavix beginning today. Rite

Aid Corp. spokeswoman Jody Cook said the company expects to have the drug at ``most, if not all" its 3,300 stores by

then.

Apotex declined to say how much it was charging for its pills. Plavix pills have a wholesale price of $3.89 each.

Apotex's announcement Tuesday that it had begun selling the drug came just hours after Bristol-Myers said it was

expecting that in an SEC filing.

Bristol-Myers and Sanofi-Aventis, which sells Plavix outside the U.S., reached a deal earlier this year with Apotex

to pay it at least $40 million to end a patent challenge in return for allowing it to introduce a version of Plavix - in 2011,

months before the patent expired.

The Canadian generic company is taking a risk in launching the drug.

Bristol-Myers and Sanofi-Aventis sued Apotex over plans to launch a generic version before agreeing to the deal,

which is now under federal criminal investigation.

Apotex reiterated Tuesday that its version of Plavix doesn't infringe on the drug patent because the patent is invalid.

But if a court finds there is infringement, Apotex will have to pay damages to Bristol-Myers and Sanofi-Aventis.

Typically, the damages would amount to three times the patent holder's lost profits. But under the terms of the deal,

Page 1

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 19 of 88
Apotex will only have to pay either 40 percent or 50 percent of its sales to the brand-name makers if a court finds it

infringed on the patent.

Experts say the deal reduces the risk of the generic launch, calling into question the brand-name makers' judgment.

"That was a big strategic mistake," said Albert Rauch, an analyst at AG Edwards & Sons, who downgraded

Bristol-Myers shares to a sell.

Rauch said the deal raises questions about Bristol-Myers Chief Executive Peter Dolan, who has been at the helm of

the company during a major accounting scandal and a problematic investment in biotech company ImClone Systems.

In the filing on Tuesday, Bristol-Myers said Dolan had been subpoenaed in the criminal inquiry in the Apotex deal.

GRAPHIC: Photos: 1. SINKING SHARES: Specialist Richard Plum, center, conducts trading in shares of

Bristol-Myers Squibb Co., which fell nearly 7 percent Tuesday at the New York Stock Exchange. Apotex Corp.'s

version of the company's best-selling drug, Plavix, is expected to be available to the public today.; 2. DRUG ISSUES:

Blood thinner Plavix is the subject of a patent disagreement between drug companies.

1. RICHARD DREW : ASSOCIATED PRESS, 2. MARK LENNIHAN : AP

LOAD-DATE: August 9, 2006

Page 2

PATENT DISPUTE; Drug fight escalates; Bristol-Myers shares slip after rival launches generic version of blood

thinner The Houston Chronicle August 9, 2006 Wednesday

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 20 of 88
EXHIBIT V 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 21 of 88
1 of 1 DOCUMENT

Copyright 2006 The New York Times Company

The New York Times

August 9, 2006 Wednesday

Late Edition - Final

SECTION: Section C; Column 6; Business/Financial Desk; Pg. 1

LENGTH: 1533 words

HEADLINE: Marketers Of Plavix Outfoxed On a Deal

BYLINE: By STEPHANIE SAUL

BODY:

The generic drug maker Apotex yesterday began shipping a cheaper form of Plavix, the anticlotting agent that is

one of the world's best-selling drugs, in an embarrassing setback for the drug's brand-name marketers, Sanofi-Aventis

and Bristol-Myers Squibb.

A year ago, analysts had predicted that the companies had a better than 60 percent chance of winning a patent

dispute with Apotex. But an attempt by the companies to settle the dispute has backfired, opening the way for Apotex to

enter the market.

''It looks like a much smaller generic private company completely outmaneuvered two of the giants of the

pharmaceutical industry,'' said Gbola Amusa, European pharmaceutical analyst for Sanford C. Bernstein & Company.

''It's not clear how or why that happened. The reaction from investors and analysts has ranged from shock to outright

anger.''

The generic version, called clopidogrel, is expected to be available in the United States beginning today at prices

about 30 percent below the $4-a-day retail price for Plavix. The drug, used for preventing heart attacks and strokes, had

sales of more than $6 billion last year.

Shares of Bristol-Myers, which gets nearly one-fifth of its revenue from Plavix, were down 6.85 percent yesterday

on the prospect of a major erosion of those sales. The American depository receipts of Sanofi, a French company that

sells Plavix outside the United States, were off by nearly 1 percent.

Barry Sherman, Apotex's chief executive, predicted that clopidogrel, the biggest-selling drug ever to go generic,

would mark the ''largest and most successful launch'' of a generic drug in history. Apotex's move into the market follows

the government's recent rejection of the proposed patent settlement, which Bristol-Myers and Sanofi had hoped would

keep the generic drug off the market until 2011.

Despite the government's rejection of the deal, some terms of that agreement remain in effect. And they hold at

least two significant disadvantages for Bristol and Sanofi. Under the terms, the companies must wait five business days

before seeking a federal injunction against Apotex's shipments, giving the generic company an opportunity to

potentially flood the market with its generic drug before a court can step in.

The big companies also negotiated away their rights under federal law to seek triple financial damages if they

Page 1

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 22 of 88
eventually win the patent dispute in court. That proviso removed one of the major deterrents to a generic competitor's

entering the market while a drug is still under patent.

Analysts said the developments raised doubts about the leadership of Bristol-Myers and Sanofi and the wisdom of

the concessions they had made to Apotex. And because the abortive patent settlement is also now the subject of a

federal criminal inquiry, some analysts raised questions about whether Peter R. Dolan, Bristol-Myers's chief executive,

can survive.

''On the surface, it doesn't look good,'' said Jami Rubin, a Morgan Stanley analyst. ''Credibility, I think, has been

severely set back.''

In a letter to employees yesterday, Mr. Dolan warned that there would be negative news accounts of the generic

introduction, but he defended the company's efforts to protect its intellectual property rights.

A Bristol-Myers spokesman, Tony Plohoros, said the company was evaluating its legal and commercial options.

Those could include a decision by the company to drastically lower the price of Plavix or to introduce its own generic

equivalent.

In a statement, the French company Sanofi said it was also evaluating possible remedies against Apotex, which a

lawyer for Bristol-Myers accused in court of intentionally sabotaging the deal.

Mr. Sherman, in a telephone interview, all but ridiculed his two big rivals, saying they had naively agreed to

conditions that allowed his company to bring its product to market even though the deal was rejected by regulators.

''I think they acted foolishly in a number of ways,'' said Mr. Sherman, a Toronto billionaire who amassed his

fortune in the generic drug business.

Mr. Sherman said that he had never expected the American government to approve the deal, but that he had

conducted the negotiations in a way to let him push the Apotex drug onto the market.

Mr. Sherman said Apotex was engaged in an ''all-out launch'' and has already shipped most of its inventory while

manufacturing continues.

Some analysts predicted yesterday that by the time a federal judge in New York could rule on the big companies'

request to block the drug's sale, based on their patent that runs until late 2011, Apotex could have up to $1 billion of its

product on the market. The decision could take weeks, analysts said.

Jennifer Luddy, a spokeswoman for Medco Health Solutions, which operates employee-sponsored prescription

drug plans, said it would begin sending the drug today to customers who receive mail-order Plavix unless their doctor

specified the brand-name drug.

The advent of generic Plavix raises questions among analysts as to whether Bristol-Myers will be forced to cut its

hefty dividend of $1.12 a year, or 5.28 percent. Mr. Plohoros declined to predict yesterday.

Shares of Bristol-Myers fell $1.56, to $21.21. The stock is now down 18 percent since the company disclosed last

month that the Apotex deal was the target of a Justice Department investigation.

American depository receipts of Sanofi fell 44 cents, to $44.45.

As part of the federal investigation, the F.B.I. recently searched the offices of Mr. Dolan and Dr. Andrew Bodnar,

his close adviser. Dr. Bodnar visited Mr. Sherman's Toronto office twice to personally negotiate part of the deal,

according to Mr. Sherman.

Page 2

Marketers Of Plavix Outfoxed On a Deal The New York Times August 9, 2006 Wednesday

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 23 of 88
The Justice Department is believed to be investigating whether Bristol and Sanofi tried to conceal a so-called side

deal with Apotex that would not have passed regulatory muster. Both companies have denied doing anything improper.

''Bodnar kept saying that he was in contact with Peter Dolan and Dolan was 100 percent behind whatever he was

negotiating,'' Mr. Sherman said yesterday. ''Whatever he was doing, whether or not there were side deals that were not

reported to the F.T.C, I cannot comment on.''

The one-on-one negotiations between Mr. Sherman and Dr. Bodnar, and the search of Bristol-Myers's corporate

offices on July 26, were elements of the corporate intrigue discussed in court transcripts that were unsealed yesterday by

United States District Judge Sidney H. Stein in New York. Judge Stein is overseeing the patent dispute, which is now

expected to go to trial next year.

In the transcripts of discussions that have taken place before the judge during the past week, a lawyer for

Bristol-Myers accused Apotex of generating the criminal investigation -- and thereby sabotaging the deal -- by

providing false information to the federal government.

''The best evidence we have, the best information we have, is that that occurred as a result of something that

Apotex said to the government, which we believe to be untrue,'' Evan Chesler, a lawyer for Bristol-Myers, said during

the court proceedings.

In the telephone interview yesterday, Mr. Sherman declined to comment on what Apotex had or had not told the

government. But he said he never expected the deal to clear regulatory review and went along with it simply to position

his company to enter the market with its generic. Mr. Sherman said he viewed efforts by brand-name companies to

extend monopolies through settlement negotiations as ''outrageous.''

''Our focus was to get the concession that would enable us to launch, when the F.T.C. turned us down,'' Mr.

Sherman said.

The decision by Apotex to sell generic Plavix follows several years of patent litigation among the companies. In

January, with that litigation continuing, the Food and Drug Administration approved Apotex's formulation of generic

Plavix.

In March, the parties announced they had reached an agreement. Apotex was given the right to sell the generic

drug in September 2011, several months before the patent was set to expire, and Bristol-Myers and Sanofi agreed to pay

the company $40 million. The bigger companies also agreed not to issue their own generic version until six months after

Apotex began marketing it.

The agreement was revised after objections by antitrust regulators, including state attorneys general and the

Federal Trade Commission. Notably, the revised agreement that was submitted to regulators allowed Apotex to begin

marketing in June 2011 and omitted the provision that Bristol-Myers and Sanofi would not market their own generic

during the first six months Apotex was on the market.

The two big companies also agreed to honor the concessions -- the five-day delay in a request for an injunction

and the waiver of triple damages -- even if the government rejected the deal. ''They were so intent on extending their

monopoly out for five years and ultimately blind to the idea'' that government officials would turn it down, Mr. Sherman

said.

''What they should have done, if they were smart,'' he said, ''they should have said, 'We'll stand on our rights. We'll

fight in court.' That's what they should have said.''

URL: http://www.nytimes.com

Page 3

Marketers Of Plavix Outfoxed On a Deal The New York Times August 9, 2006 Wednesday

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 24 of 88
LOAD-DATE: August 9, 2006

Page 4

Marketers Of Plavix Outfoxed On a Deal The New York Times August 9, 2006 Wednesday

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 25 of 88
EXHIBIT W 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 26 of 88
U.S. District Court 

United States District Court for the Southern District of New York (Foley Square) 

CIVIL DOCKET FOR CASE #: 1:02-cv-02255-SHS 

APPEAL, SUSPENSE

Sanofi-Synthelabo, et al v. Apotex Inc., et al 

Assigned to: Judge Sidney H. Stein 

Demand: $0 

Cause: 35:271 Patent Infringement

Case in other court: US Courts of Appeal for the Federal 

Circuit, 07-01438

Date Filed: 03/21/2002 

Jury Demand: Plaintiff 

Nature of Suit: 830 Patent 

Jurisdiction: Federal Question

Plaintiff

Sanofi-Synthelabo represented by David Noah Greenwald

Cravath, Swaine & Moore LLP

825 Eighth Avenue

New York, NY 10019

(212) 474-1000

Fax: (212) 474-3700

Email: dgreenwald@cravath.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Evan R Chesler

Cravath Swaine Moore LLP

825 8th Avenue

New YOrk, NY 10019

(212) 474-1000

LEAD ATTORNEY

Richard J Stark

Cravath, Swaine & Moore LLP

825 Eighth Avenue

New York, NY 10019

(212) 474-1000

Fax: (212) 474-3700

Email: rstark@cravath.com

LEAD ATTORNEY

Robert L. Baechtold

Fitzpatrick, Cella, Harper & Scinto

30 Rockefeller Plaza

New York, NY 10112

(212) 218-2100

LEAD ATTORNEY

Thomas H. Beck

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Sidley Austin LLP(NY) 

787 Seventh Avenue

New York, NY 10019

212-839-5940

Fax: 212-839-5599

Email: tbeck@sidley.com

LEAD ATTORNEY

William Ericson Solander

Fitzpatrick, Cella, Harper & Scinto

30 Rockefeller Plaza

New York, NY 10112-3801

(212) 218-2100

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

John D. Murnane

Fitzpatrick Cella Harper & Scinto 

30 Rockefeller Plaza

New York, NY 10112-3801

(212) 218-2100

Fax: (212) 218-2200

ATTORNEY TO BE NOTICED

Plaintiff

Sanofi-Synthelabo Inc. represented by David Noah Greenwald

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Evan R Chesler

(See above for address)

LEAD ATTORNEY

John D. Murnane

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Richard J Stark

(See above for address)

LEAD ATTORNEY

Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

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William Ericson Solander

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Plaintiff

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

represented by David Noah Greenwald

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Evan R Chesler

(See above for address)

LEAD ATTORNEY

John D. Murnane

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Richard J Stark

(See above for address)

LEAD ATTORNEY

Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

William Ericson Solander

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

V.

Defendant

Apotex Inc. represented by Allan H. Fried

Caesar, Rivise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street

12th Floor

Philadelphia, PA 19103

LEAD ATTORNEY

Anthony F Lo Cicero

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Amster, Rothstein & Ebenstein LLC 

90 Park Avenue

New York, NY 10016

212-336-8810

Fax: 212-336-8001

Email: alocicero@arelaw.com

TERMINATED: 02/10/2006

LEAD ATTORNEY

Bruce J. Chasan

Caesar, Rivise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street-12th Floor

Seven Penn Center

Philadelphia, PA 19103-2212

(215) 567-2010

LEAD ATTORNEY

Karen J. Bernstein

Pryor Cashman Sherman & Fynn LLP 

410 Park Avenue

New York, NY 10022

212-326-0472

TERMINATED: 10/24/2006

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Karen Jill Bernstein

Amster, Rothstein & Ebenstein LLC 

90 Park Avenue

New York, NY 10016

212-336-8123

Fax: 212 336-8001

Email: kjbernstein@arelaw.com

TERMINATED: 10/24/2006

LEAD ATTORNEY

Kevin A. Keeling

Caesar, Rivise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street, 11th Floor

Philadelphia, PA 19103

(215)-567-2010

Fax: 215)-751-1142

Email: kkeeling@crbcp.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Manny D. Pokotilow

Caesar, Rivise, Bernstein, Cohen & 

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Pokotilow, Ltd.

7 Penn Center

1635 Market Street

Philadelphia, PA 19103

(215) 567-2010

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Mona Gupta

Caesar, Rivise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street

12th Floor

Philadelphia, PA 19103

LEAD ATTORNEY

Robert S. Silver

Caesar, Rivise, Bernstein, et al

1635 Market Street

11th Floor

Philadelphia, PA 19103-2212

(215) 567-2010

Fax: (215) 751-1142

LEAD ATTORNEY

William J. Castillo

Caesar, Rivise, Bernstein, et al

1635 Market Street

11th Floor

Philadelphia, PA 19103-2212

(215) 567-2010

Fax: (215) 751-1142

LEAD ATTORNEY

William C. Youngblood

Ceasar, Revise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street

11th Floor

Philadelphia, PA 10016

(215) 567-2010

Fax: (215) 751-1142

LEAD ATTORNEY

James Kozuch

Cesar, RIvise, Bernstein Cohen & 

Pokotiluw

1635 Market Street

11th Floor

Philadelphia, PA 19103

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(215) 567-2010

ATTORNEY TO BE NOTICED

Robert Burton Breisblatt

Harwood Feffer, LLP

488 Madison Avenue

8th Floor

New York, NY 10022

Defendant

Apotex Corp. represented by Allan H. Fried

(See above for address)

LEAD ATTORNEY

Anthony F Lo Cicero

(See above for address)

TERMINATED: 02/10/2006

LEAD ATTORNEY

Bruce J. Chasan

(See above for address)

LEAD ATTORNEY

Karen J. Bernstein

(See above for address)

TERMINATED: 10/24/2006

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Karen Jill Bernstein

(See above for address)

TERMINATED: 10/24/2006

LEAD ATTORNEY

Kevin A. Keeling

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Manny D. Pokotilow

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Mona Gupta

(See above for address)

LEAD ATTORNEY

Robert S. Silver

(See above for address)

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LEAD ATTORNEY

William J. Castillo

(See above for address)

LEAD ATTORNEY

William C. Youngblood

(See above for address)

LEAD ATTORNEY

James Kozuch

(See above for address)

ATTORNEY TO BE NOTICED

Robert Burton Breisblatt

(See above for address)

Defendant

Dr. Reddy's Laboratories, Ltd.

Defendant

Dr. Reddy's Laboratories, Inc.

Amicus

National Association of Chain Drug 

Stores

represented by Zachary R. Davis

Hangley Aronchick Segal & Pudlin

One Logan Square, 27th Floor

Philadelphia, PA 19103

215-496-7042

Fax: 215-568-0300

Email: zdavis@hangley.com

ATTORNEY TO BE NOTICED

Counter Claimant

Apotex Inc. represented by Anthony F Lo Cicero

(See above for address)

TERMINATED: 02/10/2006

LEAD ATTORNEY

Bruce J. Chasan

(See above for address)

ATTORNEY TO BE NOTICED

Mona Gupta

Caesar, Rivise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street

Philadelphia, PA 19103

ATTORNEY TO BE NOTICED

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Counter Claimant

Apotex Corp. represented by Anthony F Lo Cicero

(See above for address)

TERMINATED: 02/10/2006

LEAD ATTORNEY

Bruce J. Chasan

(See above for address)

ATTORNEY TO BE NOTICED

Mona Gupta

(See above for address)

ATTORNEY TO BE NOTICED

V.

Counter Defendant

Sanofi-Synthelabo represented by Evan R Chesler

(See above for address)

LEAD ATTORNEY

Richard J Stark

(See above for address)

LEAD ATTORNEY

Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Defendant

Sanofi-Synthelabo Inc. represented by Evan R Chesler

(See above for address)

LEAD ATTORNEY

Richard J Stark

(See above for address)

LEAD ATTORNEY

Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

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Counter Defendant

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

represented by Evan R Chesler

(See above for address)

LEAD ATTORNEY

Richard J Stark

(See above for address)

LEAD ATTORNEY

Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Claimant

Apotex Inc. represented by Bruce J. Chasan

(See above for address)

ATTORNEY TO BE NOTICED

Mona Gupta

(See above for address)

ATTORNEY TO BE NOTICED

Counter Claimant

Apotex Corp. represented by Bruce J. Chasan

(See above for address)

ATTORNEY TO BE NOTICED

Mona Gupta

(See above for address)

ATTORNEY TO BE NOTICED

V.

Counter Defendant

Sanofi-Synthelabo

Counter Defendant

Sanofi-Synthelabo Inc.

Counter Defendant

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

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Date Filed # Docket Text 

03/21/2002 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 

636(c). FILING FEE $ 150.00 RECEIPT # 434089. (jol) (Entered: 

03/22/2002)

03/21/2002 Magistrate Judge Ronald L. Ellis is so designated. (jol) (Entered: 

03/22/2002)

03/21/2002 2 RULE 1.9 CERTIFICATE filed by Sanofi-Synthelabo . (jol) (Entered: 

03/22/2002)

03/21/2002 3 RULE 1.9 CERTIFICATE filed by Synthelabo Inc. . (jol) (Entered: 

03/22/2002)

03/21/2002 4 RULE 1.9 CERTIFICATE filed by Bristol-Myers Squibb . (jol) (Entered: 

03/22/2002)

03/22/2002 Mailed notice to Commissioner of Patents and Trademarks to report the 

filing of this action. (jol) (Entered: 03/22/2002)

04/05/2002 7 DEMAND for jury trial by Sanofi-Synthelabo, Synthelabo Inc., BristolMyers Squibb . (bai) (Entered: 04/29/2002)

04/09/2002 5 RULE 1.9 CERTIFICATE filed by Apotex Inc., Apotex Corp. (moc) 

(Entered: 04/18/2002)

04/09/2002 6 ANSWER to Complaint and COUNTERCLAIM by Apotex Inc., Apotex 

Corp. (Attorney Anthony F. Lo Cicero) against Sanofi-Synthelabo, 

Synthelabo Inc., Bristol-Myers Squibb ; Firm of: Amster, Rothstein & 

Ebenstein by attorney Anthony F. Lo Cicero for defendant Apotex Corp. 

(moc) (Entered: 04/18/2002)

04/25/2002 7 REPLY by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb to 

[6-2] counter claim ; Firm of: Fitzpatrick, Cella, Harper & Scinto by 

attorney Robert L. Baechtold for counter-defendant Bristol-Myers Squibb 

(bai) (Entered: 04/29/2002)

05/10/2002 8 NOTICE OF MOTION by Apotex Inc., Apotex Corp.; for an Order 

pursuant to F.R.C.P. 12(f), striking plaintiffs' demand for jury trial . 

Return Date 6/19/02 at 12:00. (jco) (Entered: 05/15/2002)

05/10/2002 9 NOTICE OF MOTION by Apotex Inc., Apotex Corp.; for an Order 

granting Alan H. Bernstein to appear pro hac vice ; for Robert S. Silver to 

appear pro hac vice . Return Date not indicated. (jco) (Entered: 

05/15/2002)

05/10/2002 10 MEMORANDUM OF LAW by Apotex Inc., Apotex Corp. in support of 

[8-1] motion for an Order pursuant to F.R.C.P. 12(f), striking plaintiffs' 

demand for jury trial. (jco) (Entered: 05/15/2002)

05/10/2002 11 DECLARATION of Anthony F. Lo Cicero by Apotex Inc., Apotex Corp. 

in support Re: [9-1] motion for an Order granting Alan H. Bernstein to 

appear pro hac vice, [9-2] motion for Robert S. Silver to appear pro hac 

vice. (jco) (Entered: 05/15/2002)

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05/24/2002 12 BRIEF by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb in 

opposition to [8-1] motion for an Order pursuant to F.R.C.P. 12(f), 

striking plaintiffs' demand for jury trial (db) (Entered: 05/28/2002)

06/03/2002 13 REPLY MEMORANDUM by Apotex Inc., Apotex Corp. in support of 

[8-1] motion for an Order pursuant to F.R.C.P. 12(f), striking plaintiffs' 

demand for jury trial (sac) (Entered: 06/11/2002)

06/13/2002 14 STIPULATION and ORDER; consolidating this action with action # 02 

cv 3672 for discovery and pretrial purposes. Consolidation for trial may 

be considered at a later date; the hearing scheduled for 6/12/02 is 

cancelled . ( signed by Judge Robert W. Sweet ) (jp) (Entered: 

06/16/2002)

06/14/2002 Memo endorsed on motion; granting [9-1] motion for an Order granting 

Alan H. Bernstein to appear pro hac vice, granting [9-2] motion for 

Robert S. Silver to appear pro hac vice . ( signed by Judge Robert W. 

Sweet ); Copies mailed. Document sent to Attorney Admissions Clerk. 

(jp) (Entered: 06/18/2002)

06/25/2002 15 JOINT FEDERAL RULE OF CIVIL PROCEDURE 26(F) REPORT; 

that in accordance with Rule 26(f) of the F.R.C.P., the parties have 

conferred and respectfully submit this Joint Rule 26(f) Report . ( signed 

by Judge Robert W. Sweet ); Copies mailed. (pl) (Entered: 06/27/2002)

06/26/2002 16 Joint F.R.C.P. 26(f) Report by Sanofi-Synthelabo, Synthelabo Inc., 

Bristol-Myers Squibb, Apotex Inc., Apotex Corp., Apotex Inc., Apotex 

Corp., Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb . (dle) 

(Entered: 07/09/2002)

08/19/2002 17 Letter filed by Apotex Inc. addressed to Judge Robert W. Sweet from 

Anthony F. LoCicero, dated 7/30/02, re: Apotex's motion to strike dated 

5/10/02. (dle) (Entered: 08/22/2002)

08/19/2002 18 Letter filed by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb 

addressed to Judge Robert W. Sweet from Robert L. Baechtold, dated 

8/8/02, re: 7/30/02 letter sent by Apotex. (dle) (Entered: 08/22/2002)

08/19/2002 19 Letter filed by Apotex Inc., Apotex Corp. addressed to Judge Robert W. 

Sweet from Anthony F. Lo Cicero, dated 8/9/02, re: plaintiff counsel's 

8/8/02 letter. (dle) (Entered: 08/22/2002)

08/20/2002 20 OPINION #87310, granting [8-1] motion for an Order pursuant to 

F.R.C.P. 12(f), striking plaintiffs' demand for jury trial; Sanofi has leave 

to file a motion to amend its complaint to include a jury demand prior to 

trial if damages hsould be incurred as discussed within this Order . 

( signed by Judge Robert W. Sweet ); Copies mailed. (pl) (Entered: 

08/22/2002)

09/26/2002 21 SEALED DOCUMENT placed in vault. (js) (Entered: 09/26/2002)

10/18/2002 22 NOTICE OF MOTION by Sanofi-Synthelabo, Synthelabo Inc., BristolMyers Squibb for an order purs. to Rule 37 of the FRCP, compelling dfts 

Apotex Inc. and Apotex Corp. to produce all improperly withheld 

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documents within fourteen (14) days and to provide substantive revised 

responses to pltffs' interrogatories within five (5) days . Proposed order 

attached. No Return Date indicated. (db) (Entered: 10/23/2002)

10/18/2002 23 MEMORANDUM OF LAW by Sanofi-Synthelabo, Synthelabo Inc., 

Bristol-Myers Squibb in support of [22-1] motion for an order purs. to 

Rule 37 of the FRCP, compelling dfts Apotex Inc. and Apotex Corp. to 

produce all improperly withheld documents within fourteen (14) days 

and to provide substantive revised responses to pltffs' interrogatories 

within five (5) days . (db) (Entered: 10/23/2002)

10/28/2002 24 MEMORANDUM OF LAW by Apotex Inc., Apotex Corp. in opposition 

to [22-1] motion for an order purs. to Rule 37 of the FRCP, compelling 

dfts Apotex Inc. and Apotex Corp. to produce all improperly withheld 

documents within fourteen (14) days and to provide substantive revised 

responses to pltffs' interrogatories within five (5) days, and substantively 

respond to plaintiffs' discovery requests. (pl) (Entered: 10/31/2002)

10/31/2002 25 NOTICE OF MOTION by Apotex Inc., Apotex Corp. to compel plntfs to 

make proper document production and to respond to defts' requests for 

admission and interrogatories ; Return Date 11/13/02 at 12:00. (cd) 

(Entered: 11/04/2002)

10/31/2002 26 MEMORANDUM OF LAW by Apotex Inc., Apotex Corp. in support of 

[25-1] motion to compel plntfs to make proper document production and 

to respond to defts' requests for admission and interrogatories . (cd) 

(Entered: 11/04/2002)

11/07/2002 28 REPLY by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb in 

support of [22-1] motion for an order purs. to Rule 37 of the FRCP, 

compelling dfts Apotex Inc. and Apotex Corp. to produce all improperly 

withheld documents within fourteen (14) days and to provide substantive 

revised responses to pltffs' interrogatories within five (5) days and in 

opposition to dfts motion to compel documents, interrogatories and 

admissions. Received in night deposit box on 11/7/02 at 7:17 p.m. (db) 

Modified on 11/13/2002 (Entered: 11/13/2002)

11/12/2002 27 REPLY MEMORANDUM by Apotex Inc., Apotex Corp. in support of 

[25-1] motion to compel plntfs to make proper document production and 

to respond to defts' requests for admission and interrogatories. (sb) 

(Entered: 11/13/2002)

11/22/2002 29 ORDER, That the parties shall complete all discovery, inspection and 

motions by 6/30/03, after which no discovery will be conducted and no 

motion will be entertained without showing of special circumstances 

showing of special circumstances; The parties shall submit to the Court 

trial briefs, a joint proposed pretrial order, and, if applicable, proposed 

jury charges and voir dire requests in accordance with the annexed form 

and instructions by 7/8/03; A final pretrial conference will be held at 4:30 

p.m. on 7/8/03 and the action shall be added to the trial calendar 

published in the New York Law Journal . ( signed by Judge Robert W. 

Sweet ). (tp) (Entered: 11/26/2002)

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12/11/2002 32 NOTICE OF MOTION by Apotex Inc., and Apotex Corp. for Bruce J. 

Chasan to appear pro hac vice . No Return Date. Declaration of William 

J. Castillo in support is attached. (kw) (Entered: 12/17/2002)

12/11/2002 33 Memo-Endorsement on letter addressed to Clerk of Court from David L. 

Siberman, dated 12/3/02. Re: granting [32-1] motion for Bruce J. Chasan 

to appear pro hac vice. No opposition. ( signed by Judge Robert W. 

Sweet ); (kw) (Entered: 12/17/2002)

12/13/2002 36 ORDER, that the Court is granting the [32-1] motion for Bruce J. Chasan 

to appear pro hac vice. ( signed by Judge Robert W. Sweet ). 

FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS 

CLERK. (tp) Modified on 12/26/2002 (Entered: 12/26/2002)

12/16/2002 34 SCHEDULING ORDER: All Discovery, inspection and motions cutoff 

8/29/03; Court trial briefs, joint Pretrial order, and if applicable, proposed 

jury charges and voir dire requests in accordance with the annexed form 

and instructions by 9/9/03; Pretrial conference set for 9/9/03 ( signed by 

Judge Robert W. Sweet ); (cd) (Entered: 12/18/2002)

12/16/2002 35 STIPULATION and ORDER, Completion of Fact Discovery 8/29/03 , 

Fact Depositions Begin 2/15/03 , Completion of Document Production to 

be completed by 2/1/03; Plaintiffs to Provide List of Asserted Claims to 

Defendants 6/9/03; Exchange Contention Interrogatories 6/16/03; 

Exchange Responses to Contention Interrogatories 7/16/03; Exchange 

Rebuttal Contention Interrogatories 7/23/03; Exchange Responses to 

Rebuttal Contention Interrogatories 8/22/03 . signed by Judge Robert W. 

Sweet ) (yv) (Entered: 12/18/2002)

12/31/2002 37 Transcript of record of proceedings before Judge Robert W. Sweet for the 

date(s) of 11/13/02. (dt) (Entered: 01/02/2003)

12/31/2002 38 Transcript of record of proceedings before Judge Robert W. Sweet for the 

date(s) of 11/13/02. (dt) (Entered: 01/02/2003)

01/28/2003 39 Memo-Endorsement on letter addressed to Judge Sweet from William E. 

Solander, dated 01/24/03; counsel to plaintiffs are granted a 27-day 

extension of time to produce documents in this litigation ; ( signed by 

Judge Robert W. Sweet ); (djc) (Entered: 01/31/2003)

01/31/2003 40 Memo-Endorsement on letter addressed to Judge Sweet from William E. 

Solander, dated 1/30/03. Reset plaintiffs' response to request for 

production of documents due for 2/28/03 ; reset the start date of 

depositions to 3/3/03. Denying Dr. Reddy's unrelated requests . ( signed 

by Judge Robert W. Sweet ); (kw) (Entered: 02/07/2003)

02/07/2003 41 SEALED DOCUMENT placed in vault. (wv) (Entered: 02/07/2003)

02/21/2003 42 AMENDED ANSWER to Complaint by Apotex Inc., Apotex Corp. : 

amends [6-1] answer. (moc) (Entered: 02/25/2003)

03/07/2003 43 REPLY by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb to 

Amended Counterclaims; by attorney Robert L. Baechtold for counterdefendant Bristol-Myers Squibb, Thomas H. Beck for counter-defendant 

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Bristol-Myers Squibb, Evan R. Chesler for counter-defendant BristolMyers Squibb, Richard J. Stark counter-defendant Bristol-Myers Squibb 

(cd) (Entered: 03/10/2003)

04/03/2003 44 STIPULATION and ORDER, regarding procedures that will govern the 

handling of confidential information ( signed by Judge Robert W. 

Sweet ); also docketed in 02 cv 3672 (cd) (Entered: 04/04/2003)

04/23/2003 45 NOTICE OF MOTION by Apotex Inc., Apotex Corp. for an order 

granting defendants' motion for admission pro hac vice of Allan H. Fried 

on behalf of Apotex Inc. and Apotex Corp. . No Return Date. (sb) 

(Entered: 04/24/2003)

04/23/2003 46 DECLARATION of Karen J. Bernstein by Apotex Inc., Apotex Corp. in 

support of [45-1] motion for an order granting defendants' motion for 

admission pro hac vice of Allan H. Fried on behalf of Apotex Inc. and 

Apotex Corp. (sb) (Entered: 04/24/2003)

05/01/2003 47 ORDER, granting [45-1] motion for an order granting defendants' motion 

for admission pro hac vice of Allan H. Fried on behalf of Apotex Inc. and 

Apotex Corp. ( signed by Judge Robert W. Sweet ); (Sent to the Attorney 

Admissions Clerk). (kw) (Entered: 05/02/2003)

06/24/2003 48 STIPULATION and ORDER, Purs to Rule 41(a)(1)(ii) of the FRCP, 

Plaintiffs' Complaint of patent infringement with respect to United States 

Patent No. 5,576,328 shall be and hereby is, dismissed with prejudice. 

Purs to Rule 41(c) of the FRCP, Counts 1, IV and V of the Apotex's 

Amended Answer to the Complaint for Patent Infrngement Affirmative 

Defenses and Amended Counterclaims shall be and hereby are, dismissed 

with prejudice. Sanofi will not assert the '328 patent against Apotex on 

the basis of Apotex's present Abbreviated New Drug Application No. 76-

274, including any minor amendments thereto, or on the basis of the sale, 

offer for sale, manufacture, import, export or use of the product which is 

the subject of ANDA NO. 76-274 ; ( signed by Judge Robert W. Sweet ) 

(djc) (Entered: 06/24/2003)

06/26/2003 49 STIPULATION AND ORDER; purs. to Rule 41(a)(1)(ii) of the FRCP, 

Pltffs' Complaint for patent infringement with respect to U.S. Patent No. 

5,576,328 shall be dismissed with prejudice. Purs. to Rule 41(c) of the 

FRCP, Counts I, IV and V of Apotex's Amended Answer to Complaint 

for Patent Infringement Affirmative Defenses and Amended 

Counterclaims shall be and hereby are, dismissed with prejudice. ( signed 

by Judge Robert W. Sweet ) (sac) (Entered: 06/27/2003)

07/14/2003 50 Memo-Endorsement on letter addressed to Judge Sweet from Robert L. 

Baechtold, dated 7/2/03: Granting plaintiffs' request for clarification of 

the Court's 12/12 and 12/13/02 Scheduling Orders ; Granting plaintiffs' 

request to vacate the 12/13/02 Scheduling Order . ( signed by Judge 

Robert W. Sweet ); (tp) (Entered: 07/14/2003)

08/21/2003 51 NOTICE OF MOTION by Apotex Inc., Apotex Corp. for an order 

admitting Mona Gupta to appear pro hac vice for defendants . No Return 

Date. (sb) (Entered: 08/25/2003)

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08/21/2003 52 DECLARATION of Karen J. Bernstein by Apotex Inc., Apotex Corp. in 

support of [51-1] motion for an order admitting Mona Gupta to appear 

pro hac vice for defendants. (sb) (Entered: 08/25/2003)

08/26/2003 53 STIPULATION and ORDER, that the parties stpulate, subject to the 

consent of the Court, to the pre-trial schedule set forth herein: 

Completion of fact discovery is 10/15/03; All other deadlines are set 

accordingly . ( signed by Judge Robert W. Sweet ) (tp) (Entered: 

08/27/2003)

09/04/2003 54 ORDER; granting [51-1] motion for an order admitting Mona Gupta to 

appear pro hac vice for defendants. ( signed by Judge Robert W. Sweet ); 

Forwarded to attorney admissions clerk. (jco) (Entered: 09/08/2003)

09/30/2003 Terminated documents 22-1, 25-1 pursuant to instructions of Judge 

Sweet as indicated on the CJRA report. (rag) (Entered: 10/03/2003)

10/08/2003 55 SECOND AMENDED ANSWER to Complaint by Apotex Inc., Apotex 

Corp.: amends [42-1] answer to the complaint for patent infirngement 

affirmative defenses and amended counterclaims. (jco) (Entered: 

10/09/2003)

10/10/2003 56 SEALED DOCUMENT placed in vault. (kre) Modified on 10/14/2003 

(Entered: 10/14/2003)

10/15/2003 57 SEALED DOCUMENT placed in vault. (wv) Modified on 10/16/2003 

(Entered: 10/16/2003)

10/21/2003 58 SEALED DOCUMENT placed in vault. (wv) (Entered: 10/22/2003)

10/23/2003 59 REPLY by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb to 

second amended counterclaims; Firm of: Fitzpatrick, Cella, Harper & 

Scinto by attorney Robert L. Baechtold for counter-defendant BristolMyers Squibb, Thomas H. Beck for counter-defendant Bristol-Myers 

Squibb, Evan R. Chesler for counter-defendant Bristol-Myers Squibb, 

Richard J. Stark for counter-defendant Bristol-Myers Squibb. Received in 

night deposit box on 10/23/03 at 6:50 p.m. (yv) Modified on 10/28/2003 

(Entered: 10/28/2003)

10/27/2003 60 SEALED DOCUMENT placed in vault. (wv) (Entered: 10/28/2003)

10/31/2003 61 ADDENDUM TO STIPULATED PROTECTIVE ORDER: subject to 

the approval of the Court, should any party to this action seek discovery 

from a non-party, the non party may designate documents in the nonpartys possesion in accordance with the provisions of the Stipulated 

Protective Order entered in this civil action and the parties shall treat 

designated documents in the same manner as documents designated by 

the parties to this action . ( signed by Judge Robert W. Sweet ) (db) 

(Entered: 11/04/2003)

10/31/2003 64 Letter filed by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb 

addressed to Judge Sweet from Thomas H. Beck, dated 10/14/03, re: 

pltffs reply to Reddy 10/14/03 response. (db) (Entered: 11/04/2003)

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10/31/2003 66 Letter filed by Sanofi-Synthelabo, Synthelabo Inc., Bristol-Myers Squibb 

addressed to Judge Sweet from Thomas H. Beck, dated 10/21/03, re: 

response to dfts 10/17/03 letter. (db) (Entered: 11/04/2003)

11/04/2003 69 ORDER, defendants, Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's 

Laboratories, Inc. produce 10 grams of their bulk clopidogrel bisulfate 

product and 10 of their clopidogrel bisulfate tablets to plaintiffs within 21 

days from 10/29/03, namely on 11/19/03, to be delivered to the New 

York Offices of Fitzpatrick, Cella, Harper & Scinto and, the schedule 

ordered by the Court on 8/21/03 shall be adhered to by all parties . 

( signed by Judge Robert W. Sweet ); (yv) (Entered: 11/06/2003)

11/14/2003 70 REDDY's OPENING CLAIM CONSTRUCTION BRIEF. (sb) (Entered: 

11/19/2003)

11/14/2003 71 Apotex Corp. and Apotex, Inc.'s Opening Claim Construction Brief. (sb) 

(Entered: 11/19/2003)

12/01/2003 72 ENDORSED LETTER addressed to Judge Robert W. Sweet from Louis 

Weinstein dated 11/24/03 re: Counsel for Reddy dfts request deposition. 

Motion granted. Deposition to be taken at counsel's convenience in 

January. File the defendants brief 10 days thereafter. (Signed by Judge 

Robert W. Sweet on 11/26/03) (Lewis, Diahann) (Entered: 12/09/2003)

01/28/2004 76 OPINION # 89616: for reasons further set forth in said Opinion, the 

attorney-client privilege has been FORFEITED. Settle order on notice. 

(Signed by Judge Robert W. Sweet on 1/26/04) (db, ) (Entered: 

02/03/2004)

01/29/2004 77 PLAINTIFFS' RESPONSIVE BRIEF in support of Plaintiffs' proposed 

construction of claim 3. Document filed by Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership, Sanofi-Synthelabo and SanofiSynthelabo Inc. Received in the night deposit box on 1/29/04 at 6:25 p.m.

(sb, ) (Entered: 02/04/2004)

01/29/2004 78 RESPONSIVE CLAIM CONSTRUCTION BRIEF. Document filed by 

Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. (sb, ) 

(Entered: 02/09/2004)

02/11/2004 81 MOTION for Reconsideration re; [76] Memorandum & Opinion. 

Document filed by Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership, Sanofi-Synthelabo, Sanofi-Synthelabo Inc. Oral 

Argument requested. Received in night deposit box on 2/11/04 at 11:24 

p.m. (db, ) (Entered: 02/17/2004)

02/25/2004 84 NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge 

Robert W. Sweet no longer assigned to the case. (gf, ) (Entered: 

02/26/2004)

02/26/2004 Mailed notice to the attorney(s) of record. (gf, ) (Entered: 02/26/2004)

05/12/2004 85 STIPULATION AND ORDER; that for the purposes of this litigation, 

subject to the consent of the Court, that claim 3 of U.S. Patent 4,847,265 

has the construction that is set forth in this Stipulation and Order. (Signed 

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by Judge Sidney H. Stein on 5/7/04) (pl, ) (Entered: 05/13/2004)

05/13/2004 86 ADDENDUM TO STIPULATED PROTECTIVE ORDER; that subject 

to the approval of the Court, Paragraph 3(a) is amended with respect to 

the attorneys for dft. Apotex, Inc. and Apotex Corp. to add the following 

Langer & Grogan, P.C., 1600 Market Street, Suite 2020, Philadelphia,

PA 19103-7218. (Signed by Judge Sidney H. Stein on 5/12/04) (pl, ) 

(Entered: 05/14/2004)

08/13/2004 87 STIPULATION AND ORDER; that on consent of the Court, the pretrial 

schedule is as follows: Completion of document production by 2/1/05; 

Fact Depositions begin 2/15/03; completion of fact discovery by 

10/15/03; Rebuttal to expert reports by 7/14/04; Reply to Expert Reports 

by 8/30/04; pretrial Order due 30 days after close of expert depositions 

12/8/04; additional deadlines are as set forth in this Stipulation and 

Order. (Signed by Judge Sidney H. Stein on 8/10/04) (pl, ) (Entered: 

08/17/2004)

09/10/2004 88 MOTION (FILED ON SERVICE DATE) for Leave to File its Third 

Amended Answer/Counteclaims. Document filed by Apotex Corp. (cd, ) 

(Entered: 09/15/2004)

09/10/2004 89 DECLARATION of Karen Bernstein in Support re: [88] MOTION 

(FILED ON SERVICE DATE) for Leave to File. Document filed by 

Apotex Corp.. (cd, ) (Entered: 09/15/2004)

09/10/2004 90 MEMORANDUM OF LAW in Support re: [88] MOTION (FILED ON 

SERVICE DATE) for Leave to File. Document filed by Apotex Corp.. 

(cd, ) (Entered: 09/15/2004)

09/10/2004 91 REPLY MEMORANDUM OF LAW in Support re: [88] MOTION 

(FILED ON SERVICE DATE) for Leave to File. Document filed by 

Apotex Corp. (cd, ) (Entered: 09/15/2004)

09/10/2004 92 REPLY DECLARATION of Karen Bernstein in Support re: [88] 

MOTION (FILED ON SERVICE DATE) for Leave to File. Document 

filed by Apotex Corp. (cd, ) (Entered: 09/15/2004)

09/21/2004 93 MOTION (FILED ON SERVICE DATE) for Howard Israel Langer and 

John James Grogan to Appear Pro Hac Vice. Document filed by Apotex 

Corp., Apotex Inc. (cd, ) (Entered: 09/23/2004)

09/21/2004 94 DECLARATION of Karen Bernstein in Support re: [93] MOTION 

(FILED ON SERVICE DATE) for Howard Israel Langer and John James 

Grogan to Appear Pro Hac Vice.. Document filed by Apotex Corp., 

Apotex Inc.. (cd, ) (Entered: 09/23/2004)

09/27/2004 95 ORDER granting Apotex's motion for admission pro hac vice of Howard 

Israel Langer and John James Grogan as co counsel to Apotex Inc. and 

Apotex Corp in this action. (Signed by Judge Sidney H. Stein on 9/22/04) 

(dle, ) (Entered: 09/28/2004)

09/27/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [95] Order, 

to the Attorney Admissions Clerk for updating of Attorney Information. 

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(dle, ) (Entered: 09/28/2004)

12/22/2004 96 AMENDED RULE 7.1 DISCLOSURE STATEMENT. Document filed 

by Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, 

Sanofi-Synthelabo, Sanofi-Synthelabo Inc..(dle, ) (Entered: 12/27/2004)

12/22/2004 97 AMENDED RULE 7.1 DISCLOSURE STATEMENT. Document filed 

by Sanofi-Synthelabo Inc..(dle, ) (Entered: 12/27/2004)

12/22/2004 98 RULE 7.1 DISCLOSURE STATEMENT. Document filed by SanofiSynthelabo.(dle, ) (Entered: 12/27/2004)

01/05/2005 99 ORDER: Status Conference set for 1/14/2005 at 2:00 PM before Judge 

Sidney H. Stein in Courtroom 23A, regarding Motions filed in 02-cv2255, 02-cv-3672 and 04-cv-7548. (Signed by Judge Sidney H. Stein on 

1/3/05) (sac, ) (Entered: 01/06/2005)

01/05/2005 100 STIPULATION AND ORDER; expert depositions: beginning 9/27/04 

and lasting until 11/18/04; pretrial order: all parties exchange their 

portions of the Pretrial Order, e.g., exhibit lists, deposition designations, 

witness lists, etc. by2/11/05; all parties exchange objections by 2/25/05; 

plaintiffs submit the Pretrial Order to the Court by 3/4/05. (Signed by 

Judge Sidney H. Stein on 12/28/04). This Document Relates to: 

02civ3672. (sac, ) (Entered: 01/06/2005)

01/11/2005 102 OPPOSITION TO PLAINTIFFS' MEMORANDUM OF LAW IN 

SUPPORT OF ITS MOTION FOR CONSOLIDATION. Document filed 

by Apotex Inc., Apotex Corp..(pl, ) (Entered: 01/20/2005)

01/11/2005 103 DECLARATION of Karen J. Bernstein in Support re: [91] Reply 

Memorandum of Law in Support of Motion. Document filed by Apotex 

Inc., Apotex Corp.. (pl, ) (Entered: 01/20/2005)

01/11/2005 104 REPLY in support of re: [88] MOTION (FILED ON SERVICE DATE) 

for Leave to File. Document filed by Apotex Inc., Apotex Corp.. (pl, ) 

(Entered: 01/20/2005)

01/11/2005 105 DECLARATION of Karen J. Bernstein in Support of Apotex, Inc. and 

Apotex Corp.'s opposition to plaintiffs' Memorandum of Law in support 

of its motion for consolidation. Document filed by Apotex Inc., Apotex 

Corp.. (pl, ) (Entered: 01/20/2005)

01/14/2005 101 THIRD AMENDED ANSWER to Complaint. AMENDED 

COUNTERCLAIM against Sanofi-Synthelabo, Sanofi-Synthelabo Inc., 

Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership. 

Document filed by Apotex Inc., Apotex Corp. (db, ) (Entered: 

01/19/2005)

01/14/2005 106 MEMORANDUM OF LAW in Opposition re: [88] MOTION (FILED 

ON SERVICE DATE) for Leave to File. Document filed by SanofiSynthelabo. (cd, ) (Entered: 01/21/2005)

01/14/2005 108 DECLARATION of Karen Bernstein in Support re: [107] MOTION for 

Leave to File Third Amended Answer.. Document filed by Apotex Corp.. 

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(cd, ) (Entered: 01/21/2005)

01/14/2005 109 MEMORANDUM OF LAW in Support re: [107] MOTION for Leave to 

File Third Amended Answer.. Document filed by Apotex Corp.. (cd, ) 

(Entered: 01/21/2005)

01/21/2005 107 MOTION for Leave to File Third Amended Answer. Document filed by 

Apotex Corp. (cd, ) (Entered: 01/21/2005)

01/26/2005 110 TRANSCRIPT of proceedings held on 1/14/05 before Sidney H. Stein.

(Martin, Leslie) (Entered: 01/26/2005)

01/31/2005 111 REPLY re: [101] Amended Counterclaim. Document filed by SanofiSynthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (ps, ) (Entered: 02/04/2005)

02/09/2005 112 DEMAND for Trial by Jury. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership(pl, ) (Entered: 02/16/2005)

02/16/2005 113 STIPULATION AND ORDER: all parties hereby stipulate the following 

amended pre-trial schedule - plaintiffs to submit pre-trial order to the 

Court by 4/8/05. All other deadlines are as further set forth in said Order. 

(Signed by Judge Sidney H. Stein on 2/10/05) (db, ) (Entered: 

02/22/2005)

02/16/2005 Set/Reset Deadlines: Pretrial Order due by 4/8/2005. (db, ) (Entered: 

02/22/2005)

02/22/2005 117 REPLY TO REPLY TO APOTEX'S THIRD AMENDED ANSWER. 

Document filed by Sanofi-Synthelabo, Sanofi-Synthelabo Inc., BristolMyers Squibb Sanofi Pharmaceuticals Holding Partnership. (cd, ) 

(Entered: 03/03/2005)

02/23/2005 114 ORDER; that Apotex's application to depose Dr. Robert W Colman is 

denied. (Signed by Judge Sidney H. Stein on 2/18/05) (pl, ) (Entered: 

03/01/2005)

02/23/2005 115 LETTER addressed to Judge Sidney H. Stein from Karen J. Bernstein 

dated 1/27/05 re: response to plaintiffs 1/25/05 letter requesting a stay 

and/or enjoinment. Document filed by Apotex Corp.(db, ) (Entered: 

03/02/2005)

02/23/2005 116 LETTER addressed to Judge Sidney H. Stein from Evan R. Chesler dated 

1/25/05 re: request for an informal conference seeking protective order 

enjoining the deposition of Dr. Robert W. Colman. Document filed by 

Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership.(db, ) (Entered: 03/02/2005)

03/01/2005 118 MOTION (FILED ON SERVICE DATE) for Reconsideration of the 

Court's 2/18/05 order denying defts' Appliation to depose Robert Colman 

MD. Document filed by Apotex Inc., Apotex Corp. (cd, ) (Entered: 

03/04/2005)

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03/15/2005 119 REPLY MEMORANDUM OF LAW in Support re: [118] MOTION 

(FILED ON SERVICE DATE) for Reconsideration. Document filed by 

Apotex Inc., Apotex Corp.. (sac, ) (Entered: 03/24/2005)

03/25/2005 120 ORDER denying [118] Motion for Reconsideration . (Signed by Judge 

Sidney H. Stein on 3/23/2005) (jsa, ) (Entered: 03/28/2005)

03/25/2005 121 STIPULATION AND ORDERThe Court amends the pretrial schedule as 

follows:All parties exchange their portions of the Pre-trial order, e.g., 

exhibit lists, deposition designations, witness lists etc by 4/22/2005; All 

parties exchange objections by 5/6/2005; Plaintiffs submit Pre-trial order 

to the COurt on 5/13/2005; Trial, pursuant to Court order. (Signed by 

Judge Sidney H. Stein on 3/23/2005) (jsa, ) (Entered: 03/28/2005)

03/25/2005 Set/Reset Deadlines: Pretrial Order due by 5/13/2005. Proposed Pretrial 

Order due by 4/22/2005. (jsa, ) (Entered: 03/28/2005)

03/25/2005 122 MEMORANDUM AND OPINION # 91403 re: [81] MOTION for 

Reconsideration re; [76] Memorandum & Opinion filed by SanofiSynthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. The Court grants Sanofi's motion 

for reconsideration of Judge Sweet's decision, and upon reconsideration, 

denies Apotex's motion to compel Sanofi to produce deposition witnesses 

and all correspondence after 11/4/88 bearing on the issue of why Sanofi 

cancelled original claims 6-9 in its prosecution of patent application 

07/155,550. So Ordered. (Signed by Judge Sidney H. Stein on 3/23/05) 

(jco, ) (Entered: 03/28/2005)

04/15/2005 123 ORDER denying [88] Motion for Leave to supplement its third amended 

answer, affirmative defenses and counterclaims.. (Signed by Judge 

Sidney H. Stein on 4/12/05) (dle, ) (Entered: 04/19/2005)

04/27/2005 125 MOTION (FILED ON SERVICE DATE) for Reconsideration of Order 

dated 4/12/05 denying defendants' motion for leave to amend to assert an 

additional ground of inequitable conduct. Document filed by Apotex Inc., 

Apotex Corp. (Filed in the night deposit on 4/27/05 at 6:42 p.m.) (ae, ) 

(Entered: 05/03/2005)

05/05/2005 126 ENDORSED LETTER addressed to Judge Sidney H. Stein from Richard 

J. Stark dated 4/25/05 re: Counsel writes to request that your Honor 

permit us to update the Court on the results of our negotiations on 5/6/05. 

So Ordered. (Signed by Judge Sidney H. Stein on 4/25/05) (jco, ) 

(Entered: 05/05/2005)

05/09/2005 127 STIPULATION AND ORDER that all parties exchange objections to the 

pretrial order by 5/20/05; plaintiffs submit the pretrial order to the court 

by 5/27/05. (Signed by Judge Sidney H. Stein on 5/5/05) (dle, ) (Entered: 

05/10/2005)

05/09/2005 Set/Reset Deadlines: Pretrial Order due by 5/27/2005. (dle, ) (Entered: 

05/10/2005)

05/12/2005 128 ENDORSED LETTER addressed to Judge Sidney H. Stein from Karen J. 

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Bernstein dated 4/27/05, Set Deadlines/Hearing as to [125] MOTION 

(FILED ON SERVICE DATE) for Reconsideration: Responses due by 

5/18/2005; Replies due by 5/24/2005. (Signed by Judge Sidney H. Stein 

on 5/11/05) (sac, ) (Entered: 05/13/2005)

05/20/2005 130 LETTER addressed to Judge Sidney H. Stein from Karen J. Bernstein 

dated 5/18/05 re: Opposition to Sanofi Plaintiffs' request to substitute Dr. 

Topol for Dr. Bhatt as its expert witness. Document filed by Apotex Inc., 

Apotex Corp..(ps, ) (Entered: 05/25/2005)

05/20/2005 132 MEMORANDUM OF LAW in Opposition re: [125] MOTION (FILED 

ON SERVICE DATE) for Reconsideration. Document filed by SanofiSynthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (ae, ) (Entered: 05/26/2005)

05/24/2005 131 Addendum to STIPULATION PROTECTIVE ORDER: subject to the 

approval of the Court, Teva shall be a party to the Stipulated Protective 

Order. Teva shall have the same privileges and responsibilities 

concerning Confidential Information as all other parties to the Stipulated 

Protective Order. Attorneys of record for Teva, eligible for access to 

Confidential Information under Paragraph 3 of the Stipulated Protective 

Order, shall include: Kirland & Ellis LLP. (Signed by Judge Sidney H. 

Stein on 5/20/05) (kw, ) (Entered: 05/26/2005)

05/27/2005 133 ORDER. Plaintiffs Sanofi-Synthelabo, Sanofi-Synthelabo, Inc., and 

Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership 

request to substitute Dr. Deepak Bhatt for Dr. Eric J. Topol is granted 

pending submission to this Court of Topol's affidavit setting forth the 

circumstances of and reasons for his withdrawal. Pending plaintiffs' 

submission of Dr. Eric J. Topol's affidavit setting forth the circumstances 

of and reasons for his withdrawal, the Court grants Sanofi's request to 

modify the scheduling Order dated 8/10/04. This modification is for the 

sole purpose of permitting defendants to respond to Bhatt's report and to 

depose Bhatt. Plaintiffs shall serve and file Topol's affidavit on or before 

6/6/05. Since plaintiffs delivered Bhatt's expert report to defendants on 

4/15/05, defendants shall respond to Bhatt's report and depose Bhatt on or 

before 6/27/05 (Signed by Judge Sidney H. Stein on 5/26/05) (yv, ) 

(Entered: 05/31/2005)

06/01/2005 134 DECLARATION of Eric J. Topol. Document filed by SanofiSynthelabo, Sanofi-Synthelabo Inc.. (jmi, ) (Entered: 06/03/2005)

06/07/2005 135 MOTION (FILED ON SERVICE DATE) for an Order admitting Kevin 

A. Keeling Pro Hac Vice as co-counsel. Document filed by Apotex Inc., 

Apotex Corp. (yv, ) (Entered: 06/09/2005)

06/07/2005 136 DECLARATION of Karen J. Bernstein in Support re: [135] MOTION 

(FILED ON SERVICE DATE) for Kevin A. Keeling to Appear Pro Hac 

Vice. Proposed Order attached. Document filed by Apotex Inc., Apotex 

Corp. (yv, ) (Entered: 06/09/2005)

06/09/2005 137 ORDER; re: granting [135] MOTION (FILED ON SERVICE DATE) for 

Kevin A. Keeling to Appear Pro Hac Vice. filed by Apotex Corp.,, 

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Apotex Inc., (Signed by Judge Sidney H. Stein on 6/7/05) (pl, ) (Entered: 

06/13/2005)

06/17/2005 CASHIERS OFFICE REMARK on [137] Order in the amount of $25.00, 

paid on 6/15/05, Receipt Number 546682. (mlo, ) (Entered: 06/17/2005)

06/22/2005 138 STIPULATION AND ORDER plaintiff's Sanofi-Aventis, SanofiSynthelabo Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership and Defendants Apotex Inc. and Apotex Corp., 

hereby stipulate, subject to the consent of the Court, to the following 

amended pre-trial schedule: Submissions pursuant to Judge Stein's 

Individual Practice Rule 3(B). Apotex to serve its supplemental expert 

report(s), if any, in response Dr. Bhatt's expert report. Trial: Pursuant to 

Court Order. (Signed by Judge Sidney H. Stein on 6/20/05) (jco, ) 

(Entered: 06/22/2005)

07/01/2005 139 ORDER ADMITTING ATTORNEY PRO HAC VICE. William Charles 

Youngblood is permitted to appear pro hac vice in association with 

movant as co counsel to Apotex Inc. and Apotex Corp. in this action. 

(Signed by Judge Sidney H. Stein on 7/1/05) (dle, ) (Entered: 

07/06/2005)

07/01/2005 Transmission to Attorney Admissions Clerk. Transmitted re: [139] Order 

Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for 

updating of Attorney Information. (dle, ) (Entered: 07/06/2005)

07/13/2005 140 JOINT PRETRIAL ORDER fld. (Signed by Judge Sidney H. Stein on 

7/11/05) (cd, ) (Entered: 07/13/2005)

07/14/2005 141 ORDER denying [125] Motion for Reconsideration, as further set forth in 

this document. (Signed by Judge Sidney H. Stein on 7/11/05) (cd, ) 

(Entered: 07/14/2005)

07/15/2005 145 NOTICE OF MOTION (FILED ON SERVICE DATE) to Preclude 

testimony by defts untimely identified experts. Document filed by 

Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (pa, ) (Entered: 07/19/2005)

07/15/2005 146 MEMORANDUM OF LAW in Support re: [145] MOTION (FILED ON 

SERVICE DATE) to Preclude.. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (pa, ) (Entered: 07/19/2005)

07/15/2005 147 NOTICE MOTION (FILED ON SERVICE DATE) to Preclude 

Relitigation of facts found by the Federal Court of Canada. Document 

filed by Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers 

Squibb Sanofi Pharmaceuticals Holding Partnership. (pa, ) (Entered: 

07/19/2005)

07/15/2005 148 MEMORANDUM OF LAW in Support re: [147] MOTION (FILED ON 

SERVICE DATE) to Preclude.. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (pa, ) (Entered: 07/19/2005)

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07/15/2005 149 NOTICE OF MOTION (FILED ON SERVICE DATE) to Preclude 

testimony by defts' scientific experts. Document filed by SanofiSynthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (pa, ) (Entered: 07/19/2005)

07/15/2005 150 NOTICE OF MOTION (FILED ON SERVICE DATE) to Preclude 

expert testimony by Frank Bernatowicz. Document filed by SanofiSynthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (pa, ) (Entered: 07/19/2005)

07/15/2005 151 NOTICE OF MOTION (FILED ON SERVICE DATE) to Preclude 

testimony of Michael Sofocleous. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (pa, ) (Entered: 07/19/2005)

07/15/2005 152 TRIAL MEMORANDUM. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership.(pa, ) (Entered: 07/19/2005)

07/15/2005 153 Pltffs Proposed Jury Instructions.(pa, ) (Entered: 07/19/2005)

07/15/2005 176 Proposed Voir Dire Questions. Document filed by Apotex Inc., Apotex 

Corp. Received in night deposit box on 7/15/05 at 8:31 p.m.(db, ) 

(Entered: 09/09/2005)

07/15/2005 177 PRETRIAL MEMORANDUM OF LAW on Order of Proof at Trial in 

view of admission of infringement. Document filed by Apotex Inc., 

Apotex Corp. Received in night deposit box on 7/15/05 at 8:30 a.m.(db, ) 

(Entered: 09/09/2005)

07/15/2005 178 Proposed Jury Instructions. Document filed by Apotex Inc., Apotex 

Corp.(db, ) Modified on 9/9/2005 (db, ). Received in night deposit box on 

on 7/15/05 at 8:31 p.m. (Entered: 09/09/2005)

07/15/2005 179 PROPOSED VERDICT FORM. Document filed by Apotex Inc., Apotex 

Corp. (db, ) Modified on 9/9/2005 (db, ). Received in night deposit box 

on 7/15/05 at 8:31 p.m. (Entered: 09/09/2005)

09/02/2005 172 MOTION (FILED ON SERVICE DATE) to Strike Document No. [147]. 

Document filed by Apotex Inc., Apotex Corp. (jco, ) (Entered: 

09/06/2005)

09/02/2005 173 MEMORANDUM OF LAW in Support re: [172] MOTION (FILED ON 

SERVICE DATE) to Strike Document No. [147]. Document filed by 

Apotex Inc., Apotex Corp. (jco, ) (Entered: 09/06/2005)

09/02/2005 174 DECLARATION of Mona Gupta in Support re: [172] MOTION (FILED 

ON SERVICE DATE) to Strike Document No. [147]. (jco, ) (Entered: 

09/06/2005)

09/06/2005 175 AMENDED CERTIFICATE OF SERVICE of Motion to Strike and 

Preclude with Supporting Documents served on counsel for plaintiffs on 

9/6/05. Service was accepted by Hand Delivery. Service was made by 

Federal Express Mail. Document filed by Apotex Inc., Apotex Corp. 

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09/14/2005 180 ENDORSED LETTER addressed to Judge Sidney H. Stein from Evan R. 

Chesler dated 7/20/05 re: determine the order of proof at trial. 10/31-

parties to complete depositions of experts responding to Dr. Blatt. 11/6- 

Parties to serve response to remaining motions, and objections to jury 

instructions. 1/6/06- parties to reply to remaining motions. 4/3/06-Trial. 

No determination is being made at this time on the motion for 

consolidation, pending briefing on the motions to preclude relitigation of 

facts found in Canada. (Signed by Judge Sidney H. Stein on 9/12/05) 

(kco, ) (Entered: 09/16/2005)

09/22/2005 182 MEMORANDUM OF LAW in Opposition to Apotex's Memorandum of 

Law in Support of [32] Motion. Document filed by Bristol-Myers Squibb 

Sanofi Pharmaceuticals Holding Partnership. (db, ) (Entered: 09/28/2005)

09/22/2005 185 DECLARATION of Stephen G. Davies, D. Phil in Support re: [182] 

Memorandum of Law in Opposition. Document filed by Bristol-Myers 

Squibb Sanofi Pharmaceuticals Holding Partnership. (db, ) (Entered: 

09/28/2005)

09/26/2005 183 MEMORANDUM OF LAW in Opposition to Apotex's Pre-Trial 

Memorandum of law on Order of Proof at trial in View of Admission of 

Infringement ([30] Motion). Document filed by Bristol-Myers Squibb 

Sanofi Pharmaceuticals Holding Partnership. (db, ) (Entered: 09/28/2005)

09/26/2005 184 DECLARATION of Stephen R. Byrn in Support re: [182] Memorandum 

of Law in Opposition. Document filed by Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (db, ) (Entered: 09/28/2005)

09/29/2005 186 REPLY MEMORANDUM OF LAW in Support re: [172] MOTION 

(FILED ON SERVICE DATE) to Strike Document No. [147].. 

Document filed by Apotex Inc., Apotex Corp.. (dle, ) (Entered: 

09/30/2005)

10/07/2005 187 MEMORANDUM OF LAW in Response to Sanofi's Opposition to 

Apotex's pre-Trial Memorandum on Order of Proof at Trial in View of 

Admission of Infringement. Document filed by Apotex Corp.. (djc, ) 

(Entered: 10/11/2005)

10/18/2005 189 SUPPLEMENTAL REPLY MEMORANDUM OF LAW (CITING NEW 

AUTHORITY) IN RESPONSE TO PLAINTIFFS' MEMORANDUM 

OF LAW IN OPPOSITION TO APOTES'S PRE-TRIAL 

MEMORANDUM OF LAW IN SUPPORT OF CLAIM 

CONSTRUCTION OF CLAIMS 1,2,8, 11 AND 12 of U.S. Patent 

4,529,596. Document filed by Apotex Inc., Apotex Corp. (jco, ) (Entered: 

10/19/2005)

10/31/2005 190 RESPONSE to Defendants' Supplemental Reply Memorandum of Law 

(Citing New Authority) in Response to Plaintiffs' Memorandum of LAw 

in Opposition to Apotex's Memorandum of Law in Support of Claim 

Construction of Claims 1,2,8,11 and 12 of U.S. Patent No. 4,529,596 

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Partnership. (djc, ) (Entered: 11/01/2005)

11/07/2005 191 MEMORANDUM OF LAW in Opposition re: [151] MOTION In Limine 

to Preclude the testimony of Michael Sofocleous. Document filed by 

Apotex Inc., Apotex Corp., Apotex Inc., Apotex Corp., Apotex Inc., 

Apotex Corp. (db, ) (Entered: 11/08/2005)

11/07/2005 192 DECLARATION of Karen J. Berstein in Support re: [191] Memorandum 

of Law in Opposition to Motion. Document filed by Apotex Inc., Apotex 

Corp., Apotex Inc., Apotex Corp., Apotex Inc., Apotex Corp. (db, ) 

(Entered: 11/08/2005)

11/07/2005 193 DECLARATION of Karen J. Bernstein in Support re: [147] MOTION 

(FILED ON SERVICE DATE) to Preclude. Document filed by Apotex 

Inc., Apotex Corp., Apotex Inc., Apotex Corp., Apotex Inc., Apotex 

Corp. (db, ) (Entered: 11/08/2005)

11/07/2005 194 EXHIBIT to [193] Declaration VOLUME I. Document filed by Apotex 

Inc., Apotex Corp., Apotex Inc., Apotex Corp., Apotex Inc., Apotex 

Corp.(db, ) (Entered: 11/08/2005)

11/07/2005 195 EXHIBIT to [193] Declaration VOLUME II. Document filed by Apotex 

Inc., Apotex Corp., Apotex Inc., Apotex Corp., Apotex Inc., Apotex 

Corp.(db, ) (Entered: 11/08/2005)

11/07/2005 223 MEMORANDUM OF LAW in Opposition re: [22] Motion to Compel. 

Document filed by Sanofi-Synthelabo, Sanofi-Synthelabo Inc., BristolMyers Squibb Sanofi Pharmaceuticals Holding Partnership. (dle, ) 

(Entered: 11/08/2005)

12/22/2005 230 REPLY MEMORANDUM OF LAW in Support of Motion to Preclude 

Plaintiffs from Offering Evidence of copying as a Secondary 

Consideration of Non-Obviousness (Apotex Motio No. 15) Document 

filed by Apotex Inc., Apotex Corp., Dr. Reddy's Laboratories, Ltd., Dr. 

Reddy's Laboratories, Inc.. (djc, ) (Entered: 12/27/2005)

12/29/2005 234 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: [149] 

MOTION (FILED ON SERVICE DATE) to Preclude. Document filed by 

Apotex Inc., Apotex Corp.. Received in the night deposit box on 

12/29/05 at 5:03 p.m.. (sac, ) (Entered: 12/30/2005)

12/29/2005 235 REPLY MEMORANDUM OF LAW to Plaintiffs' Opposition to 

Apotex's Motion to exclude Sanofi's Opinion Evidence of "Long Felt 

Need" of Clopidogrel as a solution for the Hematoxicity problem of 

Ticlopidine (Motion No. 14). Document filed by Apotex Inc., Apotex 

Corp.. Received in the night deposit box on 12/29/05 at 5:03 p.m.. This 

Document Relates to: 02cv3672 (sac, ) (Entered: 12/30/2005)

12/29/2005 236 EXHIBITS TO REPLY MEMORANDUM OF LAW to Plaintiffs' 

Opposition to Apotex's Motion to exclude Sanofi's Opinion Evidence of 

"Long Felt Need" of Clopidogrel as a solution for the Hematoxicity 

problem of Ticlopidine (Motion No. 14). Document filed by Apotex Inc., 

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Apotex Corp.. Received in the night deposit box on 12/29/05 at 5:03 

p.m.. This Document Relates to: 02cv3672. (sac, ) (Entered: 12/30/2005)

01/03/2006 239 ENDORSED LETTER addressed to Judge Sidney H. Stein from Karen J. 

Bernstein dated 12/22/05 re: Requests a one week extension of the 

deadline for filing of reply briefs in support of its in limine motions from 

January 6, 2006 to January 13, 2006. ENDORSEMENT: So Ordered. 

(Signed by Judge Sidney H. Stein on 12/28/05) (js, ) (Entered: 

01/04/2006)

01/04/2006 241 REPLY MEMORANDUM OF LAW to plaintiffs' opposition to motion 

to exclude experts' opinions that examiner's rejection of claims was 

erroneous(Motion No. 20). Document filed by Apotex Inc., Apotex Corp. 

(jco, ) (Entered: 01/05/2006)

01/04/2006 242 REPLY MEMORANDUM OF LAW to plaintiffs' opposition to 

defendants' motion to exclude Sanofi's Opinions and Contentions that 

differences in the toxicity of the enantiomers in the acute toxicity study in 

the '265 Patent were "unexpected" (Apotex motion no. 17). Document 

filed by Apotex Inc., Apotex Corp. (jco, ) (Entered: 01/05/2006)

01/11/2006 249 REPLY to Response to Motion re: defts' Motion to Exclude plntfs' 

Opinion Evidence etc. Document filed by Apotex Corp. (cd, ) (Entered: 

01/18/2006)

01/13/2006 250 DECLARATION of Anthony G. Creber in Support re: [147] MOTION 

to Preclude. Document filed by Sanofi-Synthelabo, Sanofi-Synthelabo 

Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership. 

(kco, ) (Entered: 01/18/2006)

01/13/2006 251 CONSOLIDATED REPLY MEMORANDUM OF LAW in Support re: 

[147] MOTION (FILED ON SERVICE DATE) to Preclude Relitigation 

of Facts and [172] MOTION (FILED ON SERVICE DATE) to Strike 

Document No. [147]. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (kco, ) (Entered: 01/18/2006)

01/17/2006 253 REPLY MEMORANDUM OF LAW in Opposition re: [145] Motion to 

Preclude.. Document filed by Apotex Corpl accompanied by Exhibits. 

(cd, ) (Entered: 01/19/2006)

01/17/2006 254 REPLY MEMORANDUM OF LAW in Support re: [149] MOTION to 

Preclude. Document filed by Apotex Corp; accompanied by exhibits. 

(cd, ) (Entered: 01/19/2006)

01/17/2006 255 REPLY MEMORANDUM OF LAW in Support re: Motion to in limine 

to exlude plntfs' hearsay evidence etc. Document filed by Apotex Corp. 

(cd, ) (Entered: 01/19/2006)

02/09/2006 256 Local Rule 1.4DECLARATION of Anthony LoCicero re Motion for 

Leave to Substitute co counsel for defts Apotex et al. Document filed by 

Apotex Corp. et al. (cd, ) (Entered: 02/10/2006)

02/10/2006 257 STIPULATION OF SUBSTITUTION OF CO-COUNSEL; Pryor 

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Cashman Sherman & Flynn LLP is substitutued as co-counsel for 

defendants Apotex Inc. and Apotex Corp. in place and stead of Amster, 

Rothstein & Ebenstein, LLP. (Signed by Judge Sidney H. Stein on 

2/8/06) (kco, ) (Entered: 02/10/2006)

02/23/2006 258 MOTION (FILED ON SERVICE DATE) for Lynn M. Terrebonne to 

Appear Pro Hac Vice.Document filed by Apotex Inc., Apotex Corp.. 

(djc, ) (Entered: 02/24/2006)

02/23/2006 259 DECLARATION of Karen J. Bernstein in Support re: [258] MOTION 

(FILED ON SERVICE DATE) for Lynn M. Terrebonne to Appear Pro 

Hac Vice. Document filed by Apotex Inc., Apotex Corp. (djc, ) (Entered: 

02/24/2006)

02/28/2006 260 TRIAL MEMORANDUM. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership.(jco, ) (Entered: 03/01/2006)

03/01/2006 261 ORDER: The trial date is hereby adjourned from 4/3 to 6/12/2006 at 9:30 

a.m. (Signed by Judge Sidney H. Stein on 2/27/2006) (lb, ) (Entered: 

03/01/2006)

03/14/2006 262 ORDER granting [258] Motion for Lynn M. Terrebonne to Appear Pro 

Hac Vice . (Signed by Judge Sidney H. Stein on 5/13/06) (cd, ) (Entered: 

03/14/2006)

03/14/2006 Transmission to Attorney Admissions Clerk. Transmitted re: [262] Order 

on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for 

updating of Attorney Information. (cd, ) (Entered: 03/14/2006)

03/14/2006 263 ADDENDUM TO STIPULATED PROTECTIVE ORDER...regarding 

procedures to be followed that shall govern the handling of confidential 

material.... (Signed by Judge Sidney H. Stein on 3/13/2006) (lb, ) 

(Entered: 03/14/2006)

03/24/2006 264 ORDER; the trial in this matter is adjourned sine die. The matter is 

placed on the suspense calendar. The parties are directed to inform the 

Court when the appropriate regulators have approved or rejected the 

parties' proposed settlement, and in any event to notify the Court on or 

before 5/20/06 as to the status of this matter, if this action has not been 

dismissed by that date. (Signed by Judge Sidney H. Stein on 3/23/06) 

(sac, ) (Entered: 03/24/2006)

03/27/2006 265 ORDER; dismissing, without prejudice [145] Motion to Preclude, 

dismissing [147] Motion to Preclude, dismissing [149] Motion to 

Preclude, dismissing [150] Motion to Preclude, dismissing [151] Motion 

to Preclude, dismissing [172] Motion to Strike. (Signed by Judge Sidney 

H. Stein on 3/24/06) (sac, ) (Entered: 03/27/2006)

08/16/2006 267 MOTION for Preliminary Injunction. Document filed by SanofiSynthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 269 DECLARATION of Hugh O'Neill in Support re: [267] MOTION for 

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Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 270 DECLARATION of Jerry A.Hausman in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 271 DECLARATION of Jerome Durso in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 273 DECLARATION of Stephen G.Davies in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 274 DECLARATION of Stephen R.Hanson in Support re: [267] MOTION 

for Preliminary Injunction.. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 275 DECLARATION of Alain Badorc in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 276 DECLARATION of Stephen R Byrn in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 277 MEMORANDUM OF LAW in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/16/2006 278 DECLARATION of Shayne Gad in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (djc, ) (Entered: 08/17/2006)

08/17/2006 266 MOTION for Leave to File Amicus Brief in Opposition to Plaintiffs' 

Motion for Preliminary Injunction. Document filed by National 

Association of Chain Drug Stores. (Attachments: # 1 Amicus Brief in 

Opposition to Plaintiffs' Motion for Preliminary Injunction# 2 Exhibit A - 

E# 3 Exhibit F - G# 4 Exhibit H# 5 Exhibit I)(Davis, Zachary) (Entered: 

08/17/2006)

08/17/2006 272 NOTICE of Appearance Pro Hac Vice. Document filed by National 

Association of Chain Drug Stores. (Attachments: # 1 Exhibit 1 - 3)

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(Davis, Zachary) (Entered: 08/17/2006)

08/18/2006 280 AMICUS CURIAE MEDCO HEALTH SOLUTIONS, INC.'S 

MEMORANDUM OF LAW in Opposition re: [267] MOTION for 

Preliminary Injunction.. (jmi, ) (Entered: 08/21/2006)

08/21/2006 281 LETTER addressed to Judge Stein from Robert Silver dated 8/15/06: re 

plntf's preliminary injunction papers. Document filed by Apotex Inc.

(cd, ) (Entered: 08/21/2006)

08/21/2006 282 LETTER addressed to Judge Stein from David Greenwald dated 8/15/06 

re Apotex' letter doc #281. Document filed by Sanofi-Synthelabo.(cd, ) 

(Entered: 08/21/2006)

08/21/2006 283 LETTER addressed to Judge Stein from John Grogan dated 8/17/06: Mr. 

Chesler's letter seeking to quash the subpoena served on Mr. Andrew 

Bodnar. (cd, ) (Entered: 08/21/2006)

08/21/2006 284 DECLARATION of Robert L. Baechtold in Support re: [267] MOTION 

for Preliminary Injunction.. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 285 DECLARATION of Stephen G. Davies in Support re: [267] MOTION 

for Preliminary Injunction.. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 286 DECLARATION of Jerry A. Hausman in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 287 DECLARATION of Stephen R. Hanson in Support re: [267] MOTION 

for Preliminary Injunction.. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 288 DECLARATION of Hugh O'Neil in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 289 DECLARATION of Alain Badorc in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 290 DECLARATION of Jerome Durso in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 291 DECLARATION of Stephen R. Byrn in Support re: [267] MOTION for 

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Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jmi, ) (Entered: 08/22/2006)

08/21/2006 292 DECLARATION of Angie K. Young in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo Inc., 

Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, 

National Association of Chain Drug Stores. (jmi, ) (Entered: 08/22/2006)

08/21/2006 293 REPLY MEMORANDUM OF LAW in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jmi, ) (Entered: 08/22/2006)

08/22/2006 294 filed Plaintiffs' Deposition Designations. Document filed by SanofiSynthelabo et al. (cd, ) (Entered: 08/23/2006)

08/22/2006 295 REPLY MEMORANDUM OF LAW in Support re: [267] MOTION for 

Preliminary Injunction.. Document filed by Sanofi-Synthelabo et al. 

(cd, ) (Entered: 08/23/2006)

08/24/2006 296 TRANSCRIPT of proceedings held on 8/17/06 before Judge Sidney H. 

Stein. (cd, ) (Entered: 08/24/2006)

08/25/2006 297 TRANSCRIPT of proceedings held on 8/7/2006 @ 9:30 A.M. before 

Judge Sidney H. Stein. (lb, ) (Entered: 08/25/2006)

08/25/2006 298 TRANSCRIPT of proceedings held on 8/1/2006 @ 5:10 P.M. before 

Judge Sidney H. Stein. (lb, ) (Entered: 08/25/2006)

08/25/2006 299 TRANSCRIPT of proceedings held on 8/4/2006 @ 10:00 A.M. before 

Judge Sidney H. Stein. (lb, ) (Entered: 08/25/2006)

08/25/2006 300 TRANSCRIPT of proceedings held on 8/11/06 before Judge Sidney H. 

Stein. (db, ) (Entered: 08/25/2006)

08/28/2006 303 DECLARATION of Mee-Sung Shim in Support re: [267] MOTION for 

Preliminary Injunction. Document filed by Sanofi-Synthelabo, SanofiSynthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership. (jar, ) (Entered: 08/30/2006)

08/31/2006 304 MEMORANDUM AND OPINION # 93623 re: [267] MOTION for 

Preliminary Injunction filed by Sanofi-Synthelabo, Sanofi-Synthelabo 

Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership. 

Because the four relevant factors set forth by the Federal Circuit weigh in 

favor of the grant of a preliminary injunction and Apotes's equitable 

defenses to an injunction are without merit, Sanofi's motion is granted to 

the extent that Apotex shall be enjoined from infringing Sanofi's '265 

patent during the pendency of this action. Sanofi shall post a bond 

pursuant to F.R.C.P. 65(c) in the amount of $400 million. (Signed by 

Judge Sidney H. Stein on 8/31/06) (jco, ) Additional attachment(s) added 

on 9/1/2006 (jco, ). Modified on 9/1/2006 (rw, ). (Entered: 09/01/2006)

08/31/2006 312 DECLARATION of Robert Silver, Esq., in Support of Memorandum of 

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Law in Opposition to Plaintiffs' Motion for TRO/Preliminary Injunction. 

Document filed by Apotex Corp.. (djc, ) (Entered: 09/07/2006)

08/31/2006 313 DECLARATION of Bernard Sherman in Support of Apotex' 

Memorandum of Law in Opposition to Plaintiffs' Motion for a 

Preliminary Injunction. Document filed by Apotex Inc., Apotex Corp.. 

(djc, ) (Entered: 09/07/2006)

08/31/2006 314 DECLARATION of Mona Gupta, Esq. in Support of Apotex' 

Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary 

Injunction. Document filed by Apotex Inc., Apotex Corp.. (djc, ) 

(Entered: 09/07/2006)

08/31/2006 315 Deposition Designation of the Deposition Transcript of Stephen Byrn. 

Document filed by Apotex Corp. (cd, ) (Entered: 09/08/2006)

08/31/2006 316 Deposition Desingations of Stephen Hanson. Document filed by Apotex 

Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 317 Deposition Desingations of the Deposition Transcript of Shayne Gad. 

Document filed by Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 318 Counter-Desingation of the Deposition Transcript of Stephen Davies. 

Document filed by Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 319 Counter-Designations of the Deposition Transcript of Gilbert Banker. 

Document filed by Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 320 Errata Sheet to the Deposition of Gilbert Banker. Document filed by 

Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 321 Counter-Designation of the Deposition Trancript of Robert MClelland. 

Document filed by Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 322 Errata to the Deposition of Robert Mcclelland. Document filed by Apotex 

Corp. (cd, ) (Entered: 09/08/2006)

08/31/2006 323 Counter-Designation of the Deposition Transcript of James Hendrickson. 

Document filed by Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 324 Errata Sheet to the Deposition of James Hendrickson. Document filed by 

Apotex Corp. (cd, ) (Entered: 09/08/2006)

08/31/2006 325 Counter-Desingations of the Deposition Transcript of Robert Snyder. 

Document filed by Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 326 Errata Sheet to the Deposition of Robert Snyder. Document filed by 

Apotex Corp.. (cd, ) (Entered: 09/08/2006)

08/31/2006 327 Errata Sheet to the Deposition of Cecil Pace-Asciak. Document filed by 

Apotex Corp.. (cd, ) (Entered: 09/08/2006)

09/01/2006 305 ORDER; for the reasons set forth in the Opinion dated 8/31/06, plaintiffs' 

motion for a preliminary injunction is hereby granted insofar as 

defendants Apotex, Inc. and Apotex, Corp. and theeir agents, servants, 

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etc. are enjoined from engaging in any activity that infringes U.S. Patent 

No. 4,847,265 during the pendency of this action, and the motion is 

hereby denied to the extent it seeks a recall of defendants' generic 

clopidogrel bisulfate product. Plaintiffs shall post a bond pursuant to 

F.R.C.P. 65(c) in the amount of $400 million by 9/5/2006. (Signed by 

Judge Sidney H. Stein on 8/31/06) (kco, ) (Entered: 09/01/2006)

09/01/2006 306 ORDER; the Clerk of the Court is to transfer the funds from the Registry 

of the Court of the Southern District of New York to the Registry of the 

Court of the Southern District of Texas for the purpose of placing said 

funds in the Court Registry Investment System, Interset Bearing 

Account..... (Signed by Judge Sidney H. Stein on 8/31/06) (kco, ) 

(Entered: 09/01/2006)

09/01/2006 307 TRO BOND # CGB8796851 in the amount of $ 200,000,000.00 posted 

by Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb 

Sanofi Pharmaceuticals Holding Partnership. (jf, ) (Entered: 09/01/2006)

09/01/2006 308 TRO BOND # 104796013 in the amount of $ 200,000,000.00 posted by 

Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership. NOTE: This and the previous 

docketed bond total $400,000,000.00(jf, ) (Entered: 09/01/2006)

09/01/2006 309 ENDORSED LETTER addressed to Sidney H. Stein from Manny D. 

Pokotilow dated 9/1/06 re: Apotex Requests that the Court stay the 

preliminary injunction pending an appeal to the Court of appeals. 

ENDORSEMENT: motion DENIED. So Ordered. (Signed by Judge 

Sidney H. Stein on 9/1/06) (js, ) (Entered: 09/05/2006)

09/05/2006 310 ENDORSED LETTER addressed to Judge Sidney H. Stein from Manny 

D. Pokotilow dated 9/1/06 re: denying dft. Apotex requests that the Court 

stay the preliminary injunction pending an appeal to the Court of Appeals 

for the Federal Circuit. (Signed by Judge Sidney H. Stein on 9/1/06) (pl, ) 

(Entered: 09/05/2006)

09/05/2006 311 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from [305] 

Order,,, 304 Memorandum & Opinion,. Document filed by Apotex Inc., 

Apotex Corp. Filing fee $ 455.00, receipt number E 589379. Copies of 

Notice of Appeal to the Federal Circuit mailed to Attorney(s) of Record: 

Cravath, Swaine & Moore LLP and Fitzpatrick Cella Harper & Scinto. 

(nd, ) (Entered: 09/05/2006)

09/05/2006 Transmission of Notice of Appeal to the District Judge re: [311] Notice 

of Appeal to the Federal Circuit,. (nd, ) (Entered: 09/05/2006)

09/05/2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to 

US Court of Appeals for the Federal Circuit re: [311] Notice of Appeal to 

the Federal Circuit,. (nd, ). (Entered: 09/05/2006)

09/19/2006 328 ORDER re: [306] Order. The "Order For Placing Funds into C.R.I.S." 

dated 8/31/06 is vacated. So Ordered. (Signed by Judge Sidney H. Stein 

on 9/19/06) (jco, ) (Entered: 09/19/2006)

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09/29/2006 329 DECLARATION of Robert Silver, Esq. in Support of Apotex's Motion 

for Leave to File a Supplemental Pleading. Document filed by Apotex 

Corp.. (djc, ) (Entered: 10/04/2006)

09/29/2006 330 DECLARATION of Robert Silver, Esq. in Support of Motion for Leave 

to File a Supplemental Pleading. Document filed by Apotex Inc., Apotex 

Corp.. (djc, ) (Entered: 10/11/2006)

10/13/2006 331 MEMORANDUM OF LAW in Opposition to Apotex's Motion for Leave 

to File a Supplemental Pleading. Document filed by Sanofi-Synthelabo, 

Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership. (Filed in the night deposit on 10/13/06 at 5:07 p.m.)

(ae, ) (Entered: 10/19/2006)

10/23/2006 332 REPLY MEMORANDUM OF LAW in Support to Apotex's Motion for 

Leave to File a Supplemental Pleading. Document filed by Apotex Inc., 

Apotex Corp., Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, 

Inc.. (pl, ) (Entered: 10/24/2006)

10/23/2006 333 DECLARATION of Karen J. Bernstein in Support of Pryor Cahsman 

Sherman & Flynn LLP's notice of Withdrawal as Counsel. Document 

filed by Apotex Inc., Apotex Corp., Apotex Inc., Apotex Corp., Apotex 

Inc., Apotex Corp.. (djc, ) (Entered: 10/25/2006)

10/24/2006 334 ORDER that Pryor Cashman Sherman & Flynn LLP is hereby 

withdrawing as local counsel to dfts Apotex, Inc. and Apotex Corp. 

(Signed by Judge Sidney H. Stein on 10/23/06) (dle, ) (Entered: 

10/25/2006)

11/01/2006 335 TRANSCRIPT of proceedings held on 08/18,21/06 before Judge Sidney 

H. Stein. (es, ) (Entered: 11/01/2006)

11/02/2006 336 OPINION AND ORDER # 93890: Defendants Apotex Inc. and Apotex 

Corp. (collectively, "Apotex") move pursuant toFed. R. Civ. P. 15(a) and 

15(d) to amend and supplement their Third Amended Answer, resultingin 

a Fourth Amended Answer, in this action. The motion is denied to the 

extent Apotex seeks toadd the defense of unclean hands and the 

counterclaim for breach of contract on the grounds thatadding those 

claims would unduly prejudice plaintiffs. The motion is granted, 

however, insofaras it seeks to amend and supplement the answer with 

additional antitrust counterclaims. Inaddition, those antitrust 

counterclaims are severed pursuant to Fed. R. Civ. P. 21 and 

stayedpending resolution of the issues scheduled for trial commencing 

January 22, 2007. Apotex is directed to file a Fourth Amended Answer 

pursuant this Opinion and Order within 20 days. (Signed by Judge Sidney 

H. Stein on 11/2/06) (pl, ) Modified on 11/3/2006 (rw, ). (Entered: 

11/02/2006)

11/07/2006 337 MOTION for Lynn M. Terrebonne to Withdraw as Attorney. Document 

filed by Apotex Inc., Apotex Corp., Apotex Inc., Apotex Corp., Apotex 

Inc., Apotex Corp. Proposed Order attached. (db, ) (Entered: 11/09/2006)

11/14/2006 338 ORDER; Lynn M. terrebonne is allowed to withdraw as counsel of 

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record. All other counsel remain as counsel of record for Apotex, Inc. and 

Apotex Corp. (Signed by Judge Sidney H. Stein on 11/13/06) (kco, ) 

(Entered: 11/16/2006)

11/17/2006 340 FOURTHE AMENDED ANSWER to Complaint for Patent 

Infringement, Affirmative Defenses, and Amended Counterclaims. 

Document filed by Apotex Inc., Apotex Corp..(djc, ) (Entered: 

11/28/2006)

11/27/2006 339 REPLY To the Coutneclaims in Apotex's Fourth Amended Answer. 

Document filed by Sanofi-Synthelabo, Sanofi-Synthelabo Inc. (cd, ) 

(Entered: 11/28/2006)

11/28/2006 341 LETTER addressed to Judge Stein from Ena Brooks, non party dated 

11/21/06 re expensive drugs. (cd, ) (Entered: 12/06/2006)

12/20/2006 342 MOTION for James J. Kozuch to Appear Pro Hac Vice. Document filed 

by Apotex Inc., Apotex Corp. (jco, ) (Entered: 12/21/2006)

12/28/2006 343 MOTION for Robert B. Breisblatt to Appear Pro Hac Vice. Document 

filed by Apotex Inc., Apotex Corp. (jco, ) (Entered: 01/03/2007)

01/03/2007 344 ORDER granting 343 Motion for Robert B. Breisblatt to Appear Pro Hac 

Vice in association with movant as co counsel to Apotex, Inc. and 

Apotex Corp. (Signed by Judge Sidney H. Stein on 12/28/06) (dle, ) 

(Entered: 01/04/2007)

01/03/2007 Transmission to Attorney Admissions Clerk. Transmitted re: [344] Order 

on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for 

updating of Attorney Information. (dle, ) (Entered: 01/04/2007)

01/03/2007 346 ORDER; a pretrial conf having been held on December 28, 2006 with 

attorneys for both parties present, it is hereby ordered that, forth reasons 

set forth on the record today, the following motions are 

granted/denied/withdrawn as set forth in this Order...; (Signed by Judge 

Sidney H. Stein on 12/28/06); Motions peviously terminated; (djc, ) 

(Entered: 01/05/2007)

01/03/2007 347 MOTION to increase the Injunction Bond. Document filed by Apotex 

Inc., Apotex Corp.. (djc, ) (Entered: 01/05/2007)

01/03/2007 349 LETTER addressed to Judge Sidney H. Stein from David Greenwald 

dated 12/22/06 re: plaintiffs withdraw their motion to preclude 

relitigation of facts found by the federal court of Canada. Document filed 

by Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb 

Sanofi Pharmaceuticals Holding Partnership.(dle, ) (Entered: 01/11/2007)

01/08/2007 CASHIERS OFFICE REMARK on 342 Motion to Appear Pro Hac Vice 

in the amount of $25.00, paid on 12/20/2006, Receipt Number 600706. 

(jd, ) (Entered: 01/08/2007)

01/08/2007 CASHIERS OFFICE REMARK on [344] Order on Motion to Appear 

Pro Hac Vice in the amount of $25.00, paid on 12/28/2006, Receipt 

Number 601238. (jd, ) (Entered: 01/08/2007)

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01/08/2007 348 MEMO ENDORSEMENT granting 342 Motion for James J. Kozuch to 

Appear Pro Hac Vice . (Signed by Judge Barbara S. Jones on 1/5/07 

(PART I) ) (kco, ) (Entered: 01/10/2007)

01/17/2007 350 ENDORSED LETTER addressed to Judge Sidney H. Stein from Robert 

S. Silver dated 1/12/07 re: a response to the letter of 1/10/07 seeking an 

extension of time. ENDORSEMENT: Pltf's request for an extension of 

time in which to respond to deft's motion to increase the bond is granted. 

Pltf's to respond by 2/14/07, deft's reply by 2/23/07. Pltf's request for 

partial relief from the protective order is denied. SO ORDERED. (Signed 

by Judge Sidney H. Stein on 1/16/07) (kco) (Entered: 01/18/2007)

01/17/2007 Set Deadlines: Responses due by 2/14/2007.Replies due by 2/23/2007. 

(kco) (Entered: 01/18/2007)

01/19/2007 351 ENDORSED LETTER addressed to Judge Sidney H. Stein from Davied 

Greenwald dated 1/9/07 re: granting the parties joint request for 

permission to use certain audio/visual equipment during the trial 

commencing January 22. (Signed by Judge Sidney H. Stein on 1/17/07) 

(pl) (Entered: 01/22/2007)

01/19/2007 352 ORDER; concerning use of cellular telephones and electronic messging 

devices during trial. That the individuals listed in this order, are permitted 

to use cellular telephones and electronic messaging devices on the 23rd 

Fl., including Courtroom 23A form 1/22/ until 2/26. (Signed by Judge 

Sidney H. Stein on 1/17/07) (pl) (Entered: 01/22/2007)

01/22/2007 353 ORDER; that the issue of damages, if necessary, will be tried separately 

from, and subsequent to, the current trial on liability. The schedule for the 

trial on damages, if needed, will be determined subsequent to the 

conclusion of the trial on liability. (Signed by Judge Sidney H. Stein on 

1/22/07) (ae) (Entered: 01/23/2007)

01/22/2007 354 ORDER CONCERNING TEMPORARY INSTALLATION OF 

INTEREST CONNECTION IN COURTROOM; Plaintiffs, SanofiAventis, Sanofi-Synthelabo and Birstol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership and Apotex Inc. and Apotex Corp. 

are permitted to install on 1/22/07, a temporary internet connection in 

Courtroom 23A and printers in the Courthouse for use during trial in this 

matter. (Signed by Judge Sidney H. Stein on 1/22/07) (ae) (Entered: 

01/23/2007)

01/22/2007 MEMORANDUM TO THE DOCKET CLERK: Trial begun and 

continued 1/22, 1/23, 1/24, 1/25, 1/29-1/31, 2/1, 2/5-2/8, 2/13-2/15. Trial 

concluded. Total trial days 15. (jco) (Entered: 03/05/2007)

02/01/2007 355 MANDATE of USCA for the Federal Circuit(Certified Copy) as to [311] 

Notice of Appeal to the Federal Circuit, filed by Apotex Inc., Apotex 

Corp. USCA for the Federal Circuit Case Number 06-1613. Ordered, 

Adjudged and Decreed that the judgment of the District Court is 

AFFIRMED. Jan Horbaly, Clerk USCA for the Federal Circuit. Issued 

As Mandate: 1/26/2007. (nd) (Entered: 02/01/2007)

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02/28/2007 359 STIPULATION AND ORDER concerning financial evidence from 

preliminary injunction hearing. (Signed by Judge Sidney H. Stein on 

2/28/2007) (jmi) (Entered: 03/02/2007)

03/02/2007 360 DEFENDANTS' POST-TRIAL PROPOSED FINDINGS OF FACT 

AND CONCLUSIONS OF LAW. Document filed by Apotex Inc., 

Apotex Corp.(rw) (Entered: 03/06/2007)

03/06/2007 362 STIPULATION AND ORDER CONCERNING PRELIMINARY 

INJUNCTION HEARING EVIDENCE: It is hereby agreed that the 

Witnesses testimony shall be deemed part of the trial record as if that 

testimony had been offered at trial and the following exhibits used at the 

hearing, shall be deemed part of the trial record as if those exhibits had 

been offered and admitted at trial. (Signed by Judge Sidney H. Stein on 

2/15/07) (js) (Entered: 03/07/2007)

03/07/2007 361 TRANSCRIPT of proceedings held on 12/28/06 before Judge Sidney H. 

Stein. (jbe) (Entered: 03/07/2007)

03/16/2007 363 Plaitiffs' Proposed Finding of Fact and Conclusion of Law. Document 

filed by Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers 

Squibb Sanofi Pharmaceuticals Holding Partnership. (jar) (Entered: 

03/20/2007)

03/29/2007 366 REPLY in support re: [360] Proposed Findings of Fact Document filed 

by Apotex Inc., Apotex Corp.. (tro) (Entered: 04/03/2007)

04/02/2007 364 TRANSCRIPT of proceedings held on 2/15/2007 before Judge Sidney H. 

Stein. (jmi) (Entered: 04/02/2007)

04/03/2007 365 TRANSCRIPT of proceedings held on 2/6,7,8,9,13,14/2007 before Judge 

Sidney H. Stein. (jmi) (Entered: 04/03/2007)

04/26/2007 367 TRANSCRIPT of proceedings held on 1/22,23,24,25,29/2007 before 

Judge Sidney H. Stein. (jar) (Entered: 04/26/2007)

04/26/2007 368 TRANSCRIPT of proceedings held on 1/30,31/2007; 2/1,5/2007 before 

Judge Sidney H. Stein. (jar) (Entered: 04/26/2007)

06/19/2007 369 OPINION AND ORDER Apotex has concededly infringed Sanofi's '265 

patent. This Court now finds that Apotex has failed to prove by clear and 

convincing evidence that the '365 patent is invalid or unenforceable and 

Sanofi is entitled to a permanent injunction prohibiting Apotex from 

further infringement. 35 U.S.C. 271(e)(4)(B). Damages will be set in an 

amount to be determined through future proceedings. 35 U.S.C 271(e)(4)

(C). Accordingly, judgment will be entered in favor of Sanofi. Apotex, 

Inc. and Apotex Corp. and their agents, servants, employees, and other 

representatives, and all persons acting in concert with them, are hereby 

permanently enjoined from engaging in any activity that infringes U.S. 

Patent No. 4,847,265. So Ordered. (Signed by Judge Sidney H. Stein on 

6/19/07) (jco) (Entered: 06/19/2007)

06/19/2007 Transmission to Judgments and Orders Clerk. Transmitted re: 369

Memorandum & Opinion, to the Judgments and Orders Clerk. (jco) 

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(Entered: 06/19/2007)

06/19/2007 370 CLERK'S JUDGMENT in favor of Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership, Sanofi-Synthelabo, SanofiSynthelabo Inc. against Apotex Corp., Apotex Inc. that damages will be 

awarded at a later proceeding and defts are permanently enjoined from 

engaging in any activity that infringes on US Patent No. 4,847,265. 

(Signed by J. Michael McMahon, Clerk on 6/19/07) (jf) (Entered: 

06/19/2007)

06/19/2007 371 ORDER, dismissing [347] Motion for increase bond. The motion is 

dismissed in light of the Opinion & Order dated today finding that 

Apotex has not proved by clear and convincing evidence that U.S. Patent 

No. 4,847,265 is invalid or unenforceable and entering a permanent 

injunction against further infringement of that patent by Apotex. (Signed 

by Judge Sidney H. Stein on 6/19/07) (pl) Modified on 6/21/2007 (KA). 

(Entered: 06/20/2007)

06/19/2007 374 LETTER addressed to Judge Sidney H. stein from Robert S. Silver dated 

12/22/07 re: Apotex withdrawing Motion's [10],[12],[13] and [25]. 

Document filed by Apotex Inc., Apotex Corp.(db) (Entered: 06/26/2007)

06/21/2007 372 ORDER; that upon plaintiffs' application for an order releasing the Bonds 

and defendants' consent thereto; that the Bonds are released and the 

surety companies named in the Bonds, Zurich American Insurance 

Company, Fidelity and Deposit Company of Maryland, and Travelers 

Casualty and Surety Company of America, are fully and unconditionally 

discharged, released and exonerated from any and all past, present and 

future liability arising under or in connection w/ the issuance of the 

Bonds. (Signed by Judge Sidney H. Stein on 6/21/07) (ae) Modified on 

6/21/2007 (Espinell, Antonia). (Entered: 06/21/2007)

06/22/2007 373 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 369

Memorandum & Opinion [370] Clerk's Judgment,. Document filed by 

Apotex Inc., Apotex Corp. Filing fee $ 455.00, receipt number E 619107. 

Copies of Notice of Appeal mailed to attorney(s) for record: Fitzpatrick, 

Cella, Harper & Scinto and Cravath, Swaine & Moore. (nd) (Entered: 

06/22/2007)

06/22/2007 Transmission of Notice of Appeal to the District Judge re: [373] Notice 

of Appeal to the Federal Circuit,. (nd) (Entered: 06/22/2007)

06/22/2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to 

US Court of Appeals for the Federal Circuit re: [373] Notice of Appeal to 

the Federal Circuit,. (nd) (Entered: 06/22/2007)

06/25/2007 375 ENDORSED LETTER addressed to Judge Sidney H. Stein from David 

Greenwald dated 6/12/2007 re: Apotex request a further opportunity to 

respond to the substance of the positions Apotex has taken. In the 

meanwhile, we will continue to attempt to resolve with Apotex the 

outstanding issues. ENDORSEMENT: The parties should continue to try 

to resolve this. If they cannot, plaintiffs may respond to defendants' 

6/8/2007 letter by July 3.Responses due by 7/3/2007. SO ORDERED. 

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(Signed by Judge Sidney H. Stein on 6/22/2007) (jmi) (Entered: 

06/28/2007)

06/26/2007 377 MOTION to Amend/Correct [370] Clerk's Judgment,. Document filed by 

Sanofi-Synthelabo, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership.(pl) (Entered: 07/09/2007)

06/29/2007 376 AMENDED JUDGMENT, in favor of Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership, Sanofi-Synthelabo, SanofiSynthelabo Inc. against Apotex Corp., Apotex Inc., Dr. Reddy's 

Laboratories, Inc., Dr. Reddy's Laboratories, Ltd. that pltffs. are entitled 

to a permanent injunction and damages will be set at a later proceeding. 

(Signed by Judge Sidney H. Stein on 6/28/07) (jf) (Entered: 06/29/2007)

07/10/2007 USCA Case Number 2007-1438 from the US Courts of Appeal for the 

Federal Circuit assigned to [373] Notice of Appeal to the Federal Circuit, 

filed by Apotex Inc., Apotex Corp.. (nd) (Entered: 07/10/2007)

07/10/2007 Mailed notice of Right to Appeal re: [376] Amended Judgment to 

Attorney(s) of Record: Robert Louis Baechtold, Thomas H. Beck, Robert 

B. Breisblatt, William J. Castillo, Bruce J. Chasan, Evan R Chesler, 

Zachary R. Davis, Allan H. Fried, David Noah Greenwald, Mona Gupta, 

Kevin A. Keeling, James Kozuch, John D. Murnane, Manny D. 

Pokotilow, Robert S. Silver, William Ericson Solander, Richard J Stark, 

William C. Youngblood. (tve) (Entered: 09/11/2007)

07/11/2007 378 STIPULATION AND ORDER CONCERNING EXHIBITS USED AT 

TRIAL: WHEREAS during the trial in the above-captioned action, the 

parties used certain exhibits in connection with the presentation of their 

respective cases to the Court; WHEREAS the Court has requested that 

the parties propose and agree upon a list of exhibits used during the trial; 

IT IS HEREBY AGREED that the exhibits set forth in Exhibits A and B, 

represent the exhibits used during the trial of the above-captioned action. 

SO ORDERED. (Signed by Judge Sidney H. Stein on 7/11/07) (tro) 

(Entered: 07/12/2007)

07/16/2007 379 STIPULATION AND ORDER that handwriting on specific documents is 

that of Jacqueline Laforest or Daniel Frehel (Signed by Judge Sidney H. 

Stein on 7/16/2007) (jmi) (Entered: 07/17/2007)

07/16/2007 380 STIPULATION AND ORDER regarding timeline of discovery of PCR 

3459 (Signed by Judge Sidney H. Stein on 7/16/2007) (jmi) (Entered: 

07/17/2007)

07/16/2007 381 STIPULATION AND ORDER CONCERNING CORRECTION OF 

TRIAL TRANSCRIPT, it is hereby agreed that the corrections set forth 

in Exhibits A, attached hereto, be made to the Trial Transcript. (Signed 

by Judge Sidney H. Stein on 3/16/2007) (jmi) Modified on 7/20/2007 

(Miles, Janeen). (Entered: 07/18/2007)

07/25/2007 382 AMENDED NOTICE OF APPEAL to the Federal Circuit re: [373] 

Notice of Appeal to the Federal Circuit, 369 Memorandum & Opinion, 

[376] Amended Judgment, [370] Clerk's Judgment. Document filed by 

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Apotex Inc., Apotex Corp. Copies sent to attorney(s) of record: 

Fitzpatrick, Cella, Harper & Scinto; Cravath, Swain & Moore. (tp) 

Modified on 7/25/2007 (tp). (Entered: 07/25/2007)

07/25/2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to 

US Court of Appeals for the Federal Circuit re: [382] Amended Notice of 

Appeal. (tp) (Entered: 07/25/2007)

07/25/2007 Transmission of Notice of Appeal to the District Judge re: [382] 

Amended Notice of Appeal. (tp) (Entered: 07/25/2007)

08/07/2007 387 LETTER addressed to Judge Sidney H. Stein from Robert S. Silver dated 

3/2/07 re: Enclosed are Apotex designatons and Plaintiffs' counterdesignations to the following deposition transcripts as part of the trial 

record. Document filed by Apotex Corp.(pl) (Entered: 08/10/2007)

08/08/2007 383 LETTER addressed to Judge Sidney H. Stein from Robert S. Silver dated 

7/30/07 re: Apotex respectfully requests that the Court stay paragraph 6 

of the Amended Judgment pending the outcome of the appeal. (tro) 

(Entered: 08/09/2007)

08/08/2007 384 LETTER addressed to Judge SIdney H. Stein from David Greenwald 

dated 6/25/07 re: Plaintiff's move purs. to FRCP 59(e) to amend the 

judgment merely to clarify that plaintiffs are entitled to certain relief 

under specified provisions of the Federal Food, Drug and Cosmetic Act. 

(tro) (Entered: 08/09/2007)

08/08/2007 385 LETTER addressed to Judge Sidney H. Stein from Robert L. Baechtold 

dated 7/24/07 re: Letter in response to Apotex's July 20, 2007 letter 

motion seeking stay paragraph 6 of the Amended Judgment dated June 

28, 2007. (tro) (Entered: 08/09/2007)

08/08/2007 386 ENDORSED LETTER addressed to Judge Sidney H. Stein from Robert 

S. Silver dated 7/20/07 re: a request that the Court stay the effect of 

paragraph 6 of the amended judgment pending the outcome of the appeal. 

ENDORSEMENT: The Court has reviewed Apotex's letters dated 7/20 

and 7/30 and Sanofis 7/24 letter, Apotex specifically did not oppose the 

proposed amendment when it was proposed. See Sanofi letter dated 

6/25/07 and Exhibit A to the 7/24 letter. It has presented no valid reason 

to stay the effect of the language it did not oppose. In making this 

determination, the Court has construed the 7/20 letter as a Rule 62 (c) 

motion for a stay and has construed all of the eBay factors. Motion 

denied. SO ORDERED. (Signed by Judge Sidney H. Stein on 8/8/07) 

(kco) (Entered: 08/09/2007)

10/12/2007 388 ENDORSED LETTER addressed to Judge Sidney H. Stein from David 

Greenwald dated 10/9/07 re: plaintiff respectfully submits that it be 

permitted to file its opposition to Apotex's motion on the same day that it 

files its brief in the court of Appeals, and that it appellate brief serve as 

its opposition here. ENDORSEMENT: opposition to Apotex motion may 

be in the form of Sanofi's Fed. Circuit Brief. If that brief is not due on 

Oct. 17, Sanofi may submit simply its discussion - of Aventis v. Lupin, 

Forest Labs and Pfizer v. Apotex from its draft brief. (Signed by Judge 

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10/23/2007 389 ENDORSED LETTER addressed to Judge Sidney H. Stein from Robert 

S. Silver dated 10/5/2007 re: Pursuant to Rule 62(c), Fed.R.Civ.P., 

Apotex submits this letter motion and respectfully requests that the Court 

stay the effect of paragraph 5 of the Amended Judgment dated June 28, 

2007 and signed by Judge Richard M. Berman, pending the outcome of 

the above appeal. ENDORSEMENT: Motion pursuant to Rule 62(c) to 

stay paragraph 5 of the 6/28/07 Amended Judgment is denied. The Court 

has considered all claiming factors. Forest Labs strongly supports the 

injunction and Aventis and Pfizer are distinguishable. (Signed by Judge 

Sidney H. Stein on 10/22/2007) (jmi) (Entered: 10/23/2007)

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EXHIBIT X 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 67 of 88
U.S. District Court 

United States District Court for the Southern District of New York (Foley Square) 

CIVIL DOCKET FOR CASE #: 1:04-cv-07548-SHS 

APPEAL, CLOSED, RELATED

Sanofi-Aventis et al v. Teva Pharmaceuticals USA, Inc. et al

Assigned to: Judge Sidney H. Stein 

Cause: 35:145 Patent Infringement

Case in other court: US Court of Appeals for the Federal 

Circuit, 07-01521

Date Filed: 09/23/2004 

Date Terminated: 07/16/2007 

Jury Demand: Defendant 

Nature of Suit: 830 Patent 

Jurisdiction: Federal Question

Plaintiff

Sanofi-Aventis represented by Robert Louis Baechtold

Fitzpatrick, Cella, Harper & Scinto

30 Rockefeller Plaza

New York, NY 10112

(212) 218-2213

Fax: (212) 218-2200

Email: rbaechtold@fchs.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Thomas H. Beck

Sidley Austin LLP(NY) 

787 Seventh Avenue

New York, NY 10019

212-839-5940

Fax: 212-839-5599

Email: tbeck@sidley.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

William Ericson Solander

Fitzpatrick, Cella, Harper & Scinto

30 Rockefeller Plaza

New York, NY 10112-3801

(212) 218-2100

Fax: (212) 218-2200

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Plaintiff

Sanofi-Synthelabo, Inc. represented by Robert Louis Baechtold

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

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Thomas H. Beck

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

William Ericson Solander

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Plaintiff

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

represented by Robert Louis Baechtold

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

William Ericson Solander

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

V.

Defendant

Teva Pharmaceuticals USA, Inc. represented by Daniel F. Attridge

Kirkland and Ellis LLP 

153 East 53rd Street

New York, NY 10022

202 879-5012

Fax: 202 654-9555

Email: dattridge@kirkland.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Edward C. Donovan

Kirkland & Ellis 

655 15th Street, N.W.

Washington, DC 20005

(202) 879-5000

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Gregory F. Corbett

Kirkland & Ellis LLP (Washington)

655 Fifteenth Street NW, Suite 1200

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Washington, DC 20005

202-879-5296

Fax: 202-879-5200

Email: gcorbett@kirkland.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Teva Pharmaceuticals Industries, 

Ltd.

Counter Claimant

Teva Pharmaceuticals USA, Inc. represented by Joseph C. Gioconda

Kirkland & Ellis 

153 East 53rd Street

New York, NY 10022-4675

(212) 446-4800

LEAD ATTORNEY

V.

Counter Defendant

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

Counter Defendant

Sanofi-Aventis

Counter Defendant

Sanofi-Synthelabo, Inc.

Date Filed # Docket Text 

09/23/2004 1 COMPLAINT against Teva Pharmaceuticals Industries, Ltd., Teva 

Pharmaceuticals USA, Inc.. (Filing Fee $ 150.00, Receipt Number 

520446)Document filed by Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership, Sanofi-Aventis, Sanofi-Synthelabo, Inc. (db, ) 

(Entered: 09/24/2004)

09/23/2004 CASE REFERRED TO Judge Sidney H. Stein as possibly related to 

1:02-cv-2255 and 1:02-cv-3672. (db, ) (Entered: 09/24/2004)

09/23/2004 2 STATEMENT OF RELATEDNESS re: that this action be filed as related 

to 02-cv-2255 (SHS) and 02-cv-3672 (SHS). Document filed by BristolMyers Squibb Sanofi Pharmaceuticals Holding Partnership, SanofiAventis, Sanofi-Synthelabo, Inc..(db, ) (Entered: 09/24/2004)

09/23/2004 3 RULE 7.1 DISCLOSURE STATEMENT. Document filed by BristolMyers Squibb Sanofi Pharmaceuticals Holding Partnership. (db, ) 

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Modified on 9/24/2004 (db, ). (Entered: 09/24/2004)

09/23/2004 4 RULE 7.1 DISCLOSURE STATEMENT. Document filed by SanofiSynthelabo, Inc. (db, ) (Entered: 09/24/2004)

09/23/2004 5 RULE 7.1 DISCLOSURE STATEMENT. Document filed by SanofiAventis.(db, ) (Entered: 09/24/2004)

09/23/2004 SUMMONS ISSUED as to Teva Pharmaceuticals Industries, Ltd., Teva 

Pharmaceuticals USA, Inc. (db, ) (Entered: 09/24/2004)

09/24/2004 Mailed notice to Commissioner of Patents and Trademarks to report the 

filing of this action. (db, ) (Entered: 09/24/2004)

11/04/2004 6 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Teva 

Pharmaceuticals USA, Inc. (jco, ) (Entered: 11/08/2004)

11/04/2004 7 ANSWER to Complaint with JURY DEMAND. COUNTERCLAIM 

against Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership, Sanofi-Aventis, Sanofi-Synthelabo, Inc. Document filed by 

Teva Pharmaceuticals USA, Inc..(jco, ) (Entered: 11/08/2004)

11/16/2004 8 NOTICE OF CASE ASSIGNMENT to Judge Sidney H. Stein. Judge 

Unassigned no longer assigned to the case. (laq, ) (Entered: 11/22/2004)

11/16/2004 Magistrate Judge Ronald Ellis is so designated. (laq, ) (Entered: 

11/22/2004)

11/16/2004 RELATED CASES: Create association to 2:02-cv-02255-SHS.. (mj) 

(Entered: 04/16/2007)

11/17/2004 9 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for 

Consolidation. Document filed by Teva Pharmaceuticals USA, Inc.. (tr, ) 

(Entered: 11/22/2004)

11/17/2004 10 DECLARATION of Joseph C. Gioconda in Support of Deft's opposition 

to Plaintiffs' Motion for Consolidation. Document filed by Teva 

Pharmaceuticals USA, Inc.. (tr, ) (Entered: 11/22/2004)

11/18/2004 11 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Daniel 

F. Attridge for Teva Pharmaceuticals USA, Inc., Edward C. Donovan for 

Teva Pharmaceuticals USA, Inc., Gregory F. Corbett for Teva 

Pharmaceuticals USA, Inc., John C. O'Quinn for Teva Pharmaceuticals 

USA, Inc. granted admission Pro Hac Vice. (Signed by Judge Sidney H. 

Stein on 11/17/04) (yv, ) Modified on 12/17/2004 (ae, ). (Entered: 

11/22/2004)

11/19/2004 13 MEMORANDUM OF LAW in Support of motion for consolidation. 

Document filed by Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership, Sanofi-Aventis, Sanofi-Synthelabo, Inc. (db, ) 

(Entered: 11/29/2004)

11/19/2004 14 REPLY MEMORANDUM OF LAW in Further Support of plaintiffs 

motion for consolidation. Document filed by Bristol-Myers Squibb 

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Synthelabo, Inc. (db, ) (Entered: 11/29/2004)

11/22/2004 Mailed notice to the attorney(s) of record. (laq, ) (Entered: 11/22/2004)

11/23/2004 12 REPLY re: [7] Answer to Complaint, Counterclaim. Document filed by 

Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, 

Sanofi-Aventis, Sanofi-Synthelabo, Inc. (jco, ) (Entered: 11/29/2004)

11/29/2004 CASHIERS OFFICE REMARK on [11] Order Admitting Attorney Pro 

Hac Vice, in the amount of $100.00, paid on 11/29/04, Receipt Number 

527416. (gm, ) (Entered: 11/29/2004)

01/05/2005 15 STIPULATION AND ORDER OF DISMISSAL againsty Teva 

Pharmaceuticals Ltd. without prejudice and without costs.... (Signed by 

Judge Sidney H. Stein on 12/28/04) (jf, ) (Entered: 01/10/2005)

04/18/2005 17 MEMO ENDORSEMENT on plaintiffs' notice of motion for 

consolidation dated 10/21/2004. Plaintiffs' motion for consolidation is 

deemed as moot in light of the Stipulation of Stay pending judgment in 

the related cases. (Signed by Judge Sidney H. Stein on 4/15/2005) (jsa, ) 

(Entered: 04/21/2005)

03/14/2006 ADDENDUM TO STIPULATED PROTECTIVE ORDER...regarding 

procedures to be followed that shall govern the handling of confidential 

material....(original filed in 02-cv-2255 as document # 263) (Signed by 

Judge Sidney H. Stein on 3/13/2006) (lb, ) (Entered: 03/14/2006)

07/16/2007 18 JUDGMENT in favor of Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership, Sanofi-Aventis, Sanofi-Synthelabo, Inc. against 

Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc. 

and enjoining Teva Pharmaceuticals USA, Inc. from engaging in the 

commercial manufacture, use, offer to sell or sale within the United 

states, or importation into the United states of drug products as claimed 

in U.S. Patent No. 4,847,265, until the expiration. (Signed by Judge 

Sidney H. Stein on 7/12/07) (ml) (Entered: 07/16/2007)

08/13/2007 19 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from [18] 

Judgment. Document filed by Teva Pharmaceuticals USA, Inc. Filing fee 

$ 455.00, receipt number E 623821. Copies sent to attorney(s) of record: 

Fitzpatrick, Cella, Harper & Scinto; Cravath, Swaine & Moore; Amster, 

Rothstein & Ebenstein; Budd Larner, P.C.; Caesar, Rivise, Bernstein, 

Cohen & Pkoktilow, Ltd. (tp) (Entered: 08/14/2007)

08/14/2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to 

US Court of Appeals re: [19] Notice of Appeal to the Federal Circuit,. 

(tp) (Entered: 08/14/2007)

08/14/2007 Transmission of Notice of Appeal to the District Judge re: [19] Notice of 

Appeal to the Federal Circuit,. (tp) (Entered: 08/14/2007)

09/06/2007 USCA Case Number 2007-1521 from the US Court of Appeals for the 

Federal Circuit assigned to [19] Notice of Appeal to the Federal Circuit, 

filed by Teva Pharmaceuticals USA, Inc.. (nd) (Entered: 09/06/2007)

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EXHIBIT Y 

Case 1:07-cv-05867-PAC Document 32-8 Filed 11/12/2007 Page 74 of 88
U.S. District Court 

United States District Court for the Southern District of New York (Foley Square) 

CIVIL DOCKET FOR CASE #: 1:02-cv-03672-SHS 

RELATED

Sanofi-Synthelabo, et al v. Dr. Reddy's Labs, et al 

Assigned to: Judge Sidney H. Stein 

Demand: $0 

Cause: 35:271 Patent Infringement

Related Case: 1:02-cv-2255

Date Filed: 05/14/2002 

Jury Demand: Both 

Nature of Suit: 830 Patent 

Jurisdiction: Federal Question

Plaintiff

Sanofi-Synthelabo represented by Robert L. Baechtold

Fitzpatrick, Cella, Harper & Scinto

30 Rockefeller Plaza

New York, NY 10112

(212) 218-2100

LEAD ATTORNEY

Thomas H. Beck

Sidley Austin LLP(NY) 

787 Seventh Avenue

New York, NY 10019

212-839-5940

Fax: 212-839-5599

Email: tbeck@sidley.com

LEAD ATTORNEY

William Ericson Solander

Fitzpatrick, Cella, Harper & Scinto

30 Rockefeller Plaza

New York, NY 10112-3801

(212) 218-2100

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Plaintiff

Sanofi-Synthelobo, Inc. represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

William Ericson Solander

(See above for address)

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LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Plaintiff

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

William Ericson Solander

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

V.

Defendant

Dr. Reddy's Laboratories, Ltd. represented by Andrew Jay Miller

Budin, Reisman, Kupferberg & 

Bernstein, LLP

112 Madison Avenue

New York, NY 10016

973-315-4412

Fax: 9733797734

Email: amiller@budd-larner.com

LEAD ATTORNEY

Stuart David Sender

Budd, Larner, P.C. (NJ)

150 John F. Kennedy Parkway, 

CN1000

Short Hills, NJ 07078-0999

(973)-379-4800 x315-4462

Fax: (973)-556-1897

Email: ssender@budd-larner.com

LEAD ATTORNEY

Defendant

Dr. Reddy's Laboratories, Inc. represented by Andrew Jay Miller

(See above for address)

LEAD ATTORNEY

Stuart David Sender

(See above for address)

LEAD ATTORNEY

Movant

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Apotex Corp. represented by Anthony F Lo Cicero

Amster, Rothstein & Ebenstein LLC 

90 Park Avenue

New York, NY 10016

212-336-8810

Fax: 212-336-8001

Email: alocicero@arelaw.com

LEAD ATTORNEY

Karen Jill Bernstein

Amster, Rothstein & Ebenstein LLC 

90 Park Avenue

New York, NY 10016

212-336-8123

Fax: 212 336-8001

Email: kjbernstein@arelaw.com

LEAD ATTORNEY

Kevin A. Keeling

Caesar, Rivise, Bernstein, Cohen & 

Pokotilow, Ltd.

1635 Market Street, 11th Floor

Philadelphia, PA 19103

(215)-567-2010

Fax: 215)-751-1142

Email: kkeeling@crbcp.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Movant

Apotex, Inc. represented by Anthony F Lo Cicero

(See above for address)

LEAD ATTORNEY

Karen Jill Bernstein

(See above for address)

LEAD ATTORNEY

Kevin A. Keeling

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Counter Claimant

Dr. Reddy's Laboratories, Ltd. represented by Andrew Jay Miller

(See above for address)

LEAD ATTORNEY

Counter Claimant

Dr. Reddy's Laboratories, Inc. represented by Andrew Jay Miller

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(See above for address)

LEAD ATTORNEY

V.

Counter Defendant

Sanofi-Synthelabo represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Defendant

Sanofi-Synthelobo, Inc. represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Defendant

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Claimant

Dr. Reddy's Laboratories, Ltd. represented by Andrew Jay Miller

(See above for address)

LEAD ATTORNEY

Stuart David Sender

(See above for address)

LEAD ATTORNEY

Counter Claimant

Dr. Reddy's Laboratories, Inc. represented by Andrew Jay Miller

(See above for address)

LEAD ATTORNEY

Stuart David Sender

(See above for address)

LEAD ATTORNEY

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V.

Counter Defendant

Sanofi-Synthelabo represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Defendant

Sanofi-Synthelobo, Inc. represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Counter Defendant

Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership

represented by Robert L. Baechtold

(See above for address)

LEAD ATTORNEY

Thomas H. Beck

(See above for address)

LEAD ATTORNEY

Date Filed # Docket Text 

05/14/2002 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 

636(c). FILING FEE $ 150.00 RECEIPT # 439379. (gmo) (Entered: 

05/23/2002)

05/14/2002 2 RULE 1.9 CERTIFICATE filed by Sanofi-Synthelabo . (gmo) (Entered: 

05/23/2002)

05/14/2002 3 RULE 1.9 CERTIFICATE filed by Sanofi-Synthelabo . (gmo) (Entered: 

05/23/2002)

05/14/2002 4 RULE 1.9 CERTIFICATE filed by Bristol-Myers Squibb . (gmo) 

(Entered: 05/23/2002)

05/14/2002 5 STATEMENT OF RELATEDNESS by Sanofi-Synthelabo, SanofiSynthelabo, Bristol-Myers Squibb re: that this action be filed as related to 

1:02cv2255(RWS). (gmo) (Entered: 05/23/2002)

05/14/2002 CASE REFERRED TO Judge Robert W. Sweet as possibly related to 

1:02cv2255. (gmo) (Entered: 05/23/2002)

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05/14/2002 Mailed notice to Commissioner of Patents and Trademarks to report the 

filing of this action. (gmo) (Entered: 05/28/2002)

06/11/2002 Case accepted as related to 1:02cv2255. (gmo) (Entered: 06/11/2002)

06/11/2002 6 Notice of Case Assignment to Judge Robert W. Sweet . Copy of notice 

and judge's rules mailed to Attorney(s) of record: Thomas H. Beck, 

Robert L. Baechtold . (gmo) (Entered: 06/11/2002)

06/11/2002 Magistrate Judge Ronald L. Ellis is so designated. (gmo) (Entered: 

06/11/2002)

06/13/2002 STIPULATION and ORDER; consolidating this action with action #02 

cv 2255 for discovery and pretrial purposes. Consolidation for trial may 

be considered at a later time; the hearing scheduled for 6/12/02 is 

cancelled . ( signed by Judge Robert W. Sweet ) Original document filed 

under case number 02 cv 2255, document number 14. (jp) (Entered: 

06/16/2002)

06/17/2002 7 RULE 1.9 CERTIFICATE filed by Dr. Reddy's Labs . (sb) (Entered: 

06/20/2002)

06/17/2002 8 RULE 1.9 CERTIFICATE filed by Dr. Reddy's Lab . (sb) (Entered: 

06/20/2002)

06/17/2002 9 ANSWER to Complaint; jury demand and COUNTERCLAIM by Dr. 

Reddy's Labs, Dr. Reddy's Lab (Attorney Andrew J. Miller) against 

Sanofi-Synthelabo, Sanofi-Synthelabo, Bristol-Myers Squibb ; Firm of: 

Budd Larner, et al. by attorney Andrew J. Miller for defendant Dr. 

Reddy's Lab (sb) (Entered: 06/20/2002)

06/24/2002 12 RULE 1.9 CERTIFICATE filed by Sanofi-Synthelabo . (yv) (Entered: 

07/02/2002)

06/25/2002 10 RULE 1.9 CERTIFICATE filed by Bristol-Myers Squibb . (yv) (Entered: 

07/02/2002)

06/25/2002 11 RULE 1.9 CERTIFICATE filed by Sanofi-Synthelabo . (yv) (Entered: 

07/02/2002)

07/08/2002 13 REPLY by Sanofi-Synthelabo, Sanofi-Synthelabo, Bristol-Myers Squibb 

to [9-2] counter claim; Firm of: Fitzpatrick, Cella, Harper & Scinto by 

attorney Robert L. Baechtold for counter-defendant Bristol-Myers 

Squibb, Thomas H. Beck for counter-defendant Bristol-Myers Squibb 

(db) (Entered: 07/15/2002)

07/22/2002 14 Letter filed by Dr. Reddy's Labs, Dr. Reddy's Lab addressed to Judge 

Sweet from Stuart D. Sender, dated June 5, 2002, re: consolidation of the 

two cases for pretrial purposes. (sv) (Entered: 07/25/2002)

12/16/2002 STIPULATION and ORDER, Completion of Fact Discovery 8/29/03 , 

Fact Depositions Begin 2/15/03 , Completion of Document Production to 

be completed by 2/1/03; Plaintiffs to Provide List of Asserted Claims to 

Defendants 6/9/03; Exchange Contention Interrogatories 6/16/03; 

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Exchange Responses to Contention Interrogatories 7/16/03; Exchange 

Rebuttal Contention Interrogatories 7/23/03; Exchange Responses to 

Rebuttal Contention Interrogatories 8/22/03 . signed by Judge Robert W. 

Sweet ) Original entry in 02cv2255 document number 35. (yv) (Entered: 

12/18/2002)

01/31/2003 Memo-Endorsement on letter addressed to Judge Sweet from William E. 

Solander, dated 1/30/03. Reset plaintiffs' response to request for 

production of documents due for 2/28/03 ; Reset the start date of 

depositions to 3/3/03. Denying Dr. Reddy's unrelated requests . ( signed 

by Judge Robert W. Sweet ); (Orig. entry is docketed in 02 civ. 2255 as 

doc. #40). (kw) Modified on 02/07/2003 (Entered: 02/07/2003)

04/03/2003 STIPULATION and ORDER, regarding procedures that will govern the 

handling of confidential information ( signed by Judge Robert W. 

Sweet ); orig docketed in 02 cv 2255, doc #44 (cd) (Entered: 04/04/2003)

08/05/2003 15 STIPULATION and ORDER; Pursuant to Rule 41(a)(1)(ii) of the 

F.R.C.P., plaintiffs' Complaint for patent infringement with respect to 

United States Patent NO. 5,576,328 ("the '328 patent") shall be and 

hereby is, dismissed with prejudice ; Pursuant to Rule 41(c) of the 

F.R.C.P., Counts I, and II, with respect to the '328 patent, and Count 

III,in its entirety, of Dr. Reddy's Answer and Counterclaims shall be 

hereby are, dismissed without prejudice ; Sanofi will not assert the '328 

patent against Dr. Reddy's or any other person on the basis of Dr. Reddy's 

present Abbreviated New Drug Application No. 76-273 ('ANDA no. 76-

273"), including any minor amendments thereto, or on the basis of the 

sale, offer for sale, manufacture, import, export or use of the tablet 

product or clopidogrel bisulfate bulk drug substance which are the 

subject of ANDA No. 76-273. Sanofi agrees that any assignee, owner or 

licensee of any right to the '328 patent is bound by this Stipulation and 

Order . ( signed by Judge Robert W. Sweet ) (jco) (Entered: 08/07/2003)

08/11/2003 16 ANSWER by Dr. Reddy's Labs, Dr. Reddy's Lab to Amended 

Complaint. (Attorney Stuart D. Sender from the Firm: Budd Larner, et. 

al.); jury demand. (moc) (Entered: 08/18/2003)

08/11/2003 16 COUNTERCLAIM by Dr. Reddy's Labs, Dr. Reddy's Lab against 

Sanofi-Synthelabo, Sanofi-Synthelabo, Bristol-Myers Squibb (moc) 

(Entered: 08/18/2003)

08/25/2003 17 REPLY by Sanofi-Synthelabo, Sanofi-Synthelabo, Bristol-Myers Squibb 

to [16-1] first amended counterclaim ; Firm of: Fitzpatrick, Cella, Harper 

& S by attorney Robert L. Baechtold for counter-defendant Bristol-Myers 

Squibb, Thomas H. Beck for counter-defendant Bristol-Myers Squibb 

(sb) (Entered: 08/28/2003)

08/26/2003 STIPULATION and ORDER, that the parties stipulate, subject to the 

consent of the Court, to the pre-trial schedule set forth herein: 

Completion of fact discovery is 10/15/03; All other deadlines are set 

accordingly . ( signed by Judge Robert W. Sweet ); Original document 

entered in Case #02cv2255(RWS), Doc. #53. (tp) (Entered: 08/27/2003)

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10/10/2003 SEALED DOCUMENT placed in vault. [docketed as doc#56 in 

02cv2255] (kre) (Entered: 10/14/2003)

11/04/2003 ORDER, defendants, Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's 

Laboratories, Inc. produce 10 grams of their bulk clopidogrel bisulfate 

product and 10 of their clopidogrel bisulfate tablets to plaintiffs within 21 

days from 10/29/03, namely on 11/19/03, to be delivered to the New 

York Offices of Fitzpatrick, Cella, Harper & Scinto , the schedule 

ordered by the Court on 8/21/03 shall be adhered to by all parties . 

( signed by Judge Robert W. Sweet ); Original entry in 02cv2255 

document number 69. (yv) (Entered: 11/06/2003)

11/14/2003 REDDY's OPENING CLAIM CONSTRUCTION BRIEF. Original 

document # 70 filed in 02cv2255. (sb) (Entered: 11/19/2003)

11/14/2003 Apotex Corp. and Apotex, Inc.'s Opening Claim Construction Brief. 

Original document # 71 filed in 02cv2255. (sb) (Entered: 11/19/2003)

11/26/2003 18 Letter addressed to Judge Sweet from Thomas H. Beck dated 11/25/03 

re: response to Dr. Reddy's 11/24/03 letter to the Court. Document filed 

by Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, 

Sanofi-Synthelabo, Sanofi-Synthelobo, Inc. (yv, ) (Entered: 12/05/2003)

12/02/2003 20 Letter addressed to Judge Sweet from Thomas H. Beck dated 11/4/03 re: 

request for an order compelling defendant Dr. Reddy to update its 

production of its drug master file (DMF) for the accused product, 

clopidogrel bisulfate. Document filed by Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership, Sanofi-Synthelabo, SanofiSynthelobo, Inc..(db, ) (Entered: 12/15/2003)

01/29/2004 PLAINTIFFS' RESPONSIVE BRIEF in support of Plaintiffs' proposed 

construction of claim 3. Document filed by Bristol-Myers Squibb Sanofi 

Pharmaceuticals Holding Partnership, Sanofi-Synthelabo, SanofiSynthelobo, Inc. Received in the night deposit box on 1/29/04 at 6:25 

p.m. Original document # 77 filed in 02-cv-2255.(sb, ) (Entered: 

02/04/2004)

01/29/2004 RESPONSIVE CLAIM CONSTRUCTION BRIEF. Document filed by 

Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. 

Original document # 78 filed in 02-cv-2255. (sb, ) (Entered: 02/09/2004)

02/11/2004 MOTION for Reconsideration of Court Opinion and Order dated 

1/28/03.Document filed by Bristol-Myers Squibb Sanofi Pharmaceuticals 

Holding Partnership, Sanofi-Synthelabo, Sanofi-Synthelobo, Inc. 

Original document filed in 02cv2255 (RWS), document # 81. (db, ) 

(Entered: 02/17/2004)

02/25/2004 21 NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge 

Robert W. Sweet no longer assigned to the case. (gf, ) (Entered: 

02/26/2004)

02/25/2004 Mailed notice to the attorney(s) of record. (gf, ) (Entered: 02/26/2004)

05/12/2004 STIPULATION AND ORDER; that for the purposes of this litigation, 

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subject to the consent of the Court, that claim 3 of U.S. Patent 4,847,265 

has the construction that is set forth in this Stipulation and Order. (orig. 

document docketed in 02cv2255 as document #85). (Signed by Judge 

Sidney H. Stein on 5/7/04) (pl, ) (Entered: 05/13/2004)

05/13/2004 ADDENDUM TO STIPULATED PROTECTIVE ORDER; that subject 

to the approval of the Court, Paragraph 3(a) is amended with respect to 

the attorneys for dft. Apotex, Inc. and Apotex Corp. to add the following 

Langer & Grogan, P.C., 1600 Market Street, Suite 2020, Philadelphia,

PA 19103-7218. (Signed by Judge Sidney H. Stein on 5/12/04). (orig. 

document docketed in 02cv2255 as document #86).(pl, ) (Entered: 

05/14/2004)

08/13/2004 STIPULATION AND ORDER; that on consent of the Court, the pretrial 

schedule is as follows: Completion of document production by 2/1/05; 

Fact Depositions begin 2/15/03; completion of fact discovery by 

10/15/03; Rebuttal to expert reports by 7/14/04; Reply to Expert Reports 

by 8/30/04; pretrial Order due 30 days after close of expert depositions 

12/8/04; additional deadlines are as set forth in this Stipulation and 

Order. (Signed by Judge Sidney H. Stein on 8/10/04); (orig. document 

docketed in 02cv2255 as document #87) (Signed by Judge Sidney H. 

Stein on 8/10/04) (pl, ) (Entered: 08/17/2004)

09/10/2004 22 MEMORANDUM OF LAW in Opposition to dft. motion for leave to 

amended answer, affirmative defendases and counterclaims. Document 

filed by Bristol-Myers Squibb Sanofi Pharmaceuticals Holding 

Partnership, Sanofi-Synthelabo, Sanofi-Synthelobo, Inc.. (pl, ) (Entered: 

09/17/2004)

09/27/2004 Order granting Apotex's motion for admission pro hac vice of Howard 

Israel Langer and John James Grogan as co counsel Apotex, Inc. and 

Apotex Corp.. (Signed by Judge Sidney H. Stein on 9/22/04) Original 

document filed in case #02cv2255, document #95.(dle, ) (Entered: 

09/28/2004)

09/27/2004 Transmission to Attorney Admissions Clerk. Transmitted re: Order 

Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for 

updating of Attorney Information. (dle, ) (Entered: 09/28/2004)

12/22/2004 AMENDED RULE 7.1 DISCLOSURE STATEMENT. Document filed 

by Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership, 

Sanofi-Synthelabo, Sanofi-Synthelobo, Inc..Original document filed in 

case #02cv2255, document #96.(dle, ) (Entered: 12/27/2004)

12/22/2004 AMENDED RULE 7.1 DISCLOSURE STATEMENT. Document filed 

by Sanofi-Synthelobo, Inc. Original document filed in case #02cv2255, 

document #97.(dle, ) (Entered: 12/27/2004)

12/22/2004 AMENDED RULE 7.1 DISCLOSURE STATEMENT. Document filed 

by Sanofi-Synthelabo.Original document filed in case #02cv2255, 

document #98.(dle, ) (Entered: 12/27/2004)

01/11/2005 OPPOSITION TO PLAINTIFFS' MEMORANDUM OF LAW IN 

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SUPPORT OF ITS MOTION FOR CONSOLIDATION filed by Apotex, 

Inc. and Apotex Corp.'s (orig. document docketed in 02cv2255 as 

document #102). (pl, ) (Entered: 01/20/2005)

01/11/2005 DECLARATION of Karen J. Bernstein in Support re: Reply 

Memorandum of Law in Support of Motion. (orig. document docketed in 

02cv2255 as document #103). (pl, ) (Entered: 01/20/2005)

01/11/2005 REPLY in support of re: [88] MOTION (FILED ON SERVICE DATE) 

for Leave to File supplemental Third Amended Answer, Affirmative 

Defenses and Counterclaims. (orig. document docketed in 02cv2255 as 

document #104). (pl, ) (Entered: 01/20/2005)

01/11/2005 DECLARATION of Karen J. Bernstein in Support of Apotex, Inc. and 

Apotex Corp.'s opposition to plaintiffs' Memorandum of Law in support 

of its motion for consolidation. (orig. document docketed in 02cv2255 as 

document #105). (pl, ) (Entered: 01/20/2005)

02/23/2005 ORDER; that Apotex's application to depose Dr. Robert W Colman is 

denied. (orig. docketed in 02cv2255 as document #114). (Signed by 

Judge Sidney H. Stein on 2/18/05) (pl, ) (Entered: 03/01/2005)

03/25/2005 STIPULATION AND ORDERThe Court amends the pretrial schedule as 

follows:All parties exchange their portions of the Pre-trial order, e.g., 

exhibit lists, deposition designations, witness lists etc by 4/22/2005; All 

parties exchange objections by 5/6/2005; Plaintiffs submit Pre-trial order 

to the COurt on 5/13/2005; Trial, pursuant to Court order. Original filed 

in 02cv2255. (Signed by Judge Sidney H. Stein on 3/16/2005) (jsa, ) 

(Entered: 03/28/2005)

03/25/2005 Set/Reset Deadlines: Pretrial Order due by 5/13/2005. Proposed Pretrial 

Order due by 4/22/2005. (jsa, ) (Entered: 03/28/2005)

03/25/2005 MEMORANDUM AND OPINION # 91403. The Court grants Sanofi's 

motion for reconsideration of Judge Sweet's decision, and upon 

reconsideration, denies Apotex's motion to compel Sanofi to produce 

deposition witnesses and all correspondence after 11/4/88 bearing on the 

issue of why Sanofi cancelled original claims 6-9 in its presecution of 

patent application 07/155,550. So Ordered. Original filed in case 

02cv2255, doc #122. (Signed by Judge Sidney H. Stein on 3/23/05) 

(jco, ) (Entered: 03/28/2005)

04/15/2005 ORDER that for the reasons set forth in this order, the court denies 

Apotex's motion for leave to supplement its third amended answer, 

affirmative defenses and counterclaims. (Signed by Judge Sidney H. 

Stein on 4/12/05) Original document filed in case #02cv2255, document 

#123.(dle, ) (Entered: 04/19/2005)

04/25/2005 23 ENDORSED LETTER addressed to Judge Stein from Richard J. Stark 

dated 4/25/05 re: allowing an update to the court on the results of the 

negotiations on Friday, 5/6. (Signed by Judge Sidney H. Stein on s) (pl, ) 

(Entered: 05/10/2005)

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04/27/2005 MOTION (FILED ON SERVICE DATE) for Reconsideration of Order 

dated 4/12/05 denying defendants' motion for leave to amend to assert an 

additional ground of inequitable conduct. Document filed by Apotex 

Corp., Apotex, Inc. (Orig. doc. filed in case no. 02 cv 2255, as doc. #125)

(ae, ) (Entered: 05/03/2005)

05/20/2005 LETTER addressed to Judge Sidney H. Stein from Karen J. Bernstein 

dated 5/18/05 re: Opposition to Sanofi Plaintiffs' request to substitute Dr. 

Topol for Dr. Bhatt as its expert witness. Original document filed in case 

02cv2255 as document #130. Document filed by Apotex Corp., Apotex, 

Inc..(ps, ) (Entered: 05/25/2005)

05/24/2005 Addendum to STIPULATION PROTECTIVE ORDER: subject to the 

approval of the Court, Teva shall be a party to the Stipulated Protective 

Order. Teva shall have the same privileges and responsibilities 

concerning Confidential Information as all other parties to the Stipulated 

Protective Order. Attorneys of record for Teva, eligible for access to 

Confidential Information under Paragraph 3 of the Stipulated Protective 

Order, shall include: Kirland & Ellis LLP. (Original entry is docketed in 

02 civ. 2255 as doc. #131). (Signed by Judge Sidney H. Stein on 5/20/05) 

(kw, ) (Entered: 05/26/2005)

05/27/2005 ORDER. Plaintiffs Sanofi-Synthelabo, Sanofi-Synthelabo, Inc., and 

Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership's 

request to substitue Dr. Deepak Bhatt for Dr. Eric J. Topol is granted 

pending the submission to this Court of Topol's affidavit setting forth the 

circumstances of and reasons for his withdrawal. Pending plaintiffs' 

submission of Dr. Eric J. Topol's affidavit setting forth the 

circumstancces of and reasons for his withdrawal, the Court grants 

Sanofi's request to modify the scheduling Order dated 8/10/04. This 

modification is for the sole purpose of permitting plaintiffs to substitue 

the expert report of Dr. Deepak Bhatt. Plaintiffs shall serve and file 

Topol's affidavit on or before 6/6/05. Since plaintiffs delivered Bhatt's 

expert report to defendants on 4/15/05, defendants shall respond to 

Bhatt's report and depose Bhatt on or before 6/27/05 (Signed by Judge 

Sidney H. Stein on 5/26/05) Original entry in 02cv2255 document 

number 133.(yv, ) (Entered: 05/31/2005)

06/07/2005 MOTION (FILED ON SERVICE DATE) for an Order admitting Kevin 

A. Keeling Pro Hac Vice as co-counsel. Document filed by Apotex 

Corp., Apotex, Inc. Original entry in 02cv2255 document number 135. 

(yv, ) (Entered: 06/09/2005)

06/07/2005 DECLARATION of Kevin A. Keeling in Support re: MOTION (FILED 

ON SERVICE DATE) for Kevin A. Keeling to Appear Pro Hac Vice. 

Proposed Order attached. Document filed by Apotex Corp., Apotex, Inc. 

Original entry in 02cv2255 document number 136. (yv, ) (Entered: 

06/09/2005)

06/09/2005 ORDER; re: granting MOTION (FILED ON SERVICE DATE) for 

Kevin A. Keeling to Appear Pro Hac Vice. filed by Apotex, Inc.,, Apotex 

Corp., (orig. doucment docketed in 02cv2255 as document #137). 

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(Signed by Judge Sidney H. Stein on 6/7/05) (pl, ) (Entered: 06/13/2005)

07/01/2005 ORDER ADMITTING ATTORNEY PRO HAC VICE. William Charles 

Youngblood is permitted to appear pro hac vice in association with 

movant as co counsel to Apotex Inc. and Apotex Corp. in this action. 

(Signed by Judge Sidney H. Stein on 7/1/05) (dle, ) Original document 

filed in case #02cv2255, document #139. (Entered: 07/06/2005)

07/15/2005 Proposed Voir Dire Questions. Document filed by Apotex Corp., Apotex, 

Inc. Original document filed in 02cv3672 (SHS), document # 176.(db, ) 

(Entered: 09/09/2005)

07/15/2005 PRETRIAL MEMORANDUM OF LAW on Order of Proof at Trial in 

View of admission of infringement. Document filed by Apotex Corp., 

Apotex, Inc. Original document filed in 02cv2255 (SHS), document # 

177.(db, ) (Entered: 09/09/2005)

07/15/2005 Proposed Jury Instructions. Document filed by Apotex Corp., Apotex, 

Inc.(db, ) Modified on 9/9/2005 (db, ). Original document filed in 

02cv2255, document # 178. (Entered: 09/09/2005)

07/15/2005 PROPOSED VERDICT FORM. Document filed by Apotex Corp., 

Apotex, Inc. Original document filed in 02cv2255 (SHS), document # 

179. (db, ) (Entered: 09/09/2005)

09/29/2005 REPLY MEMORANDUM OF LAW in Support of Apotex' motion to 

strike plaintiffs' motion to preclude relitigation of facts found by the 

federal court of Canada. Document filed by Apotex Corp., Apotex, Inc.. 

(dle, ) Modified on 9/30/2005 (dle, ). Original document filed in case 

#02cv2255, document #186. (Entered: 09/30/2005)

11/07/2005 MEMORANDUM OF LAW in Opposition to plaintiffs' motion in limine 

to preclude testimony of Michael Sofocleous. Document filed by Apotex 

Corp., Apotex, Inc.Original document filed in 02cv2255 (SHS), 

document # 191. Document filed by Apotex Corp., Apotex, Inc. (db, ) 

(Entered: 11/08/2005)

11/07/2005 DECLARATION of Karen J. Bernstein in Support of memorandum in 

support of motion in limine to preclude testimony of Michael Sofocleous. 

Document filed by Apotex Corp., Apotex, Inc. Original document filed in 

02cv2255 (SHS), document # 192. (db, ) (Entered: 11/08/2005)

11/07/2005 DECLARATION of Karen J. Bernstein in Support of memorandum in 

support of memorandum of law opposing plaintiff's motion to preclude 

relitigation of facts found by the federal court of Canada. Document filed 

by Apotex Corp., Apotex, Inc. Original document filed in 02cv2255 

(SHS), document # 193. (db, ) (Entered: 11/08/2005)

11/07/2005 EXHIBIT (VOLUME I) to DECLARATION of Karen J. Bernstein in 

Support of memorandum in support of memorandum of law opposing 

plaintiff's motion to preclude relitigation of facts found by the federal 

court of Canada. Document filed by Apotex Corp., Apotex, Inc. Original 

document filed in 02cv2255 (SHS), document # 194. (db, ) (Entered: 

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11/08/2005)

11/07/2005 EXHIBIT (VOLUME II) to DECLARATION of Karen J. Bernstein in 

Support of memorandum in support of memorandum of law opposing 

plaintiff's motion to preclude relitigation of facts found by the federal 

court of Canada. Document filed by Apotex Corp., Apotex, Inc. Original 

document filed in 02cv2255 (SHS), document # 195. (db, ) (Entered: 

11/08/2005)

12/22/2005 REPLY MEMORANDUM OF LAW in Support of Motrio to Preclude 

plaintiffs from Offering Evidence of Copying as a Secondary 

Consideration of Non-Obviousness (Apotex Motin NO. 15). Document 

filed by Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc.. 

(orig. docmt dktd in case no. 02 cv 2255, docmt #230) (djc, ) (Entered: 

12/27/2005)

01/03/2006 ENDORSED LETTER: addressed to Judge Sidney H. Stein from Karen 

J. Bernstein dated 12/22/05 re: Requests a one week extension of the 

deadline for filing of reply briefs in support of its in limine motions from 

January 6, 2006 to January 13, 2006. ENDORSEMENT: So Ordered. 

(Original Doc. filed in case # 02cv2255 Document #239) (Signed by 

Judge Sidney H. Stein on 12/28/05) (js, ) (Entered: 01/04/2006)

01/04/2006 REPLY MEMORANDUM OF LAW to plaintiffs' opposition to motion 

to exclude experts' opinions that examiner's rejection of claims was 

erroneous(Motion No. 20). Document filed by Apotex Corp., Apotex, 

Inc. Original filed in case 05cv2255, doc #241. (jco, ) (Entered: 

01/05/2006)

01/04/2006 REPLY MEMORANDUM OF LAW to plaintiffs' opposition to 

defendants' motion to exclude Sanofi's Opinions and Contentions that 

differences in the toxicity of the enantiomers in the acute toxicity study in 

the '265 Patent were "unexpected" (Apotex motion no. 17). Original filed 

in case 05cv2255 doc #242. Document filed by Apotex Corp., Apotex, 

Inc. (jco, ) (Entered: 01/05/2006)

02/14/2006 24 NOTICE OF APPEARANCE by Karen Jill Bernstein on behalf of 

Apotex Corp., Apotex, Inc. (jco, ) (Entered: 02/15/2006)

03/01/2006 25 ORDER: The trial date is hereby adjourned from 4/3 to 6/12/2006 at 9:30 

a.m. (Signed by Judge Sidney H. Stein on 2/27/2006) (lb, ) (Entered: 

03/01/2006)

03/14/2006 ADDENDUM TO STIPULATED PROTECTIVE ORDER...regarding 

procedures to be followed that shall govern the handling of confidential 

material....(original filed in 02-cv-2255 as document # 263) (Signed by 

Judge Sidney H. Stein on 3/13/2006) (lb, ) (Entered: 03/14/2006)

10/23/2006 REPLY MEMORANDUM OF LAW in Support to Apotex's Motion for 

Leave to File a Supplemental Pleading. (orig. document docketed in 

02cv3672 as document #332). Document filed by Dr. Reddy's 

Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. (pl, ) (Entered: 

10/24/2006)

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