Charles M. Lizza 

William C. Baton 

SAUL EWING LLP 

One Riverfront Plaza, Suite 1520 

Newark, New Jersey 07102-5426 

(973) 286-6700 

clizza@saul.com 

Attorneys for Plaintiff 

Jazz Pharmaceuticals, Inc. 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

JAZZ PHARMACEUTICALS, INC., 

 Plaintiff, 

 v. 

ROXANE LABORATORIES, INC., 

 Defendant. 

Civil Action No. 11-660 (SDW)(MCA) 

REPLY TO COUNTERCLAIMS 

(Filed Electronically) 

Plaintiff Jazz Pharmaceuticals, Inc. (“Jazz Pharmaceuticals”), by its undersigned 

attorneys, for its Reply to the Counterclaims of Defendant Roxane Laboratories, Inc. (“Roxane”), 

responds as follows: 

1. Jazz Pharmaceuticals admits on information and belief the allegations of 

paragraph 1 of the Counterclaims. 

2. Jazz Pharmaceuticals admits the allegations of paragraph 2 of the 

Counterclaims. 

3. Jazz Pharmaceuticals admits that there is a justiciable controversy between the 

parties hereto concerning the ’431 and ’506 patents, and denies all other allegations of paragraph 

3 of the Counterclaims. 

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4. Paragraph 4 states a legal conclusion for which no answer is required. To the 

extent an answer is required, Jazz Pharmaceuticals admits that this Court has jurisdiction over 

the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a), and denies all other 

allegations of paragraph 4 of the Counterclaims. 

5. Paragraph 5 states a legal conclusion for which no answer is required. To the 

extent an answer is required, Jazz Pharmaceuticals admits that this Court has jurisdiction over 

the subject matter of this action pursuant to 28 U.S.C. §§ 2201 and 2202, and denies all other 

allegations of paragraph 5 of the Counterclaims. 

6. Jazz Pharmaceuticals admits the allegations of paragraph 6 of the 

Counterclaims. 

7. Jazz Pharmaceuticals denies the allegations of paragraph 7 of the 

Counterclaims. 

8. Jazz Pharmaceuticals denies the allegations of paragraph 8 of the 

Counterclaims. 

9. Jazz Pharmaceuticals denies the allegations of paragraph 9 of the 

Counterclaims. 

COUNTERCLAIM COUNT 1

10. Jazz Pharmaceuticals denies the allegations of paragraph 10 of the 

Counterclaims. 

COUNTERCLAIM COUNT 2

11. Jazz Pharmaceuticals denies the allegations of paragraph 11 of the 

Counterclaims. 

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COUNTERCLAIM COUNT 3

12. Jazz Pharmaceuticals denies the allegations of paragraph 12 of the 

Counterclaims. 

COUNTERCLAIM COUNT 4

13. Jazz Pharmaceuticals denies the allegations of paragraph 13 of the 

Counterclaims. 

COUNTERCLAIM COUNT 5

14. Jazz Pharmaceuticals incorporates by reference its replies to paragraphs 1-13 of 

the Counterclaims as if fully set forth herein. 

15. Jazz Pharmaceuticals admits that Roxane purports to seek an order requiring 

Jazz Pharmaceuticals to remove the ’506 patent from the Orange Book listing with respect to 

XYREM®, and denies all other allegations of paragraph 15 of the Counterclaims. 

16. Jazz Pharmaceuticals denies the allegations of paragraph 16 of the 

Counterclaims. 

ROXANE’S PRAYER FOR RELIEF

Jazz Pharmaceuticals denies that Roxane is entitled to judgment in its favor and denies 

that Roxane is entitled to any relief as set forth in its Counterclaims, Affirmative Defenses and/or 

Prayer for Relief. 

DEFENSE

Failure to State a Claim

Roxane’s Counterclaims fail to state a claim upon which relief may be granted. 

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WHEREFORE, Jazz Pharmaceuticals prays for Judgment in its favor on Roxane’s 

Counterclaims and for the relief requested in Jazz Pharmaceuticals’ Complaint for Patent 

Infringement. 

Dated: April 18, 2011 

Of Counsel: 

F. Dominic Cerrito 

Daniel L. Malone 

JONES DAY

222 East 41st Street 

New York, New York 10017-6702 

(212) 326-3939 

Richard G. Greco 

RICHARD G. GRECO PC 

90 State Street, Suite 700 

Albany, New York 12207 

(212) 203-7625 

By: s/ Charles M. Lizza 

Charles M. Lizza 

William C. Baton 

SAUL EWING

One Riverfront Plaza, Suite 1520 

Newark, New Jersey 07102-5426 

(973) 286-6700 

clizza@saul.com 

Attorneys for Plaintiff 

Jazz Pharmaceuticals, Inc.

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