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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

ASTRAZENECA AB, AKTIEBOLAGET 

HÄSSLE, ASTRAZENECA LP, KBI INC., 

and KBI-E INC., 

Plaintiffs and 

Counterclaim-Defendants,

 v. 

HANMI USA, INC., HANMI 

PHARMACEUTICAL CO., LTD., HANMI 

FINE CHEMICAL CO., LTD, and HANMI 

HOLDINGS CO., LTD., 

 

Defendants and 

Counterclaim-Plaintiffs. 

Civil Action No. 3:11-CV-00760-JAP-TJB 

Judge Joel A. Pisano 

Magistrate Judge Tonianne J. Bongiovanni 

DECLARATION OF PATRICK L. CHEN IN SUPPORT OF PLAINTIFFS’ BRIEF IN 

OPPOSITION TO HANMI’S MOTION IN LIMINE NO. 2 (TO PRECLUDE NEW CASE 

THEORIES NEVER DISCLOSED IN ASTRAZENECA’S CONTENTIONS) 

I, Patrick L. Chen, hereby declare as follows, 

1. I am an associate at the law firm of Fitzpatrick, Cella, Harper & Scinto, 1290 

Avenue of the Americas, New York, New York 10104-3800, counsel for Plaintiffs AstraZeneca

AB, Aktiebolaget Hässle, AstraZeneca LP, KBI Inc., and KBI-E Inc. in connection with the 

present action. 

2. I make this Declaration on my personal knowledge in support of Plaintiffs’ Brief 

in Opposition to Hanmi’s Motion in limine No. 2 (To Preclude New Case Theories Never 

Disclosed in AstraZeneca’s Contentions). 

3. Attached as Exhibit 1 is a true and correct copy of Hanmi NDA Module 2.4 

(HAN0000511 –536). 

4. Attached as Exhibit 2 is a true and correct copy of excerpts from the April 26, 

2013 Deposition of Jerry L. Atwood, Ph.D. 

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5. Attached as Exhibit 3 is a true and correct copy of the February 19, 2013 Report 

of René H. Levy, Ph.D. on Infringement. 

6. Attached as Exhibit 4 is a true and correct copy of the February 17, 2013 Report 

of Stephen G. Davies, D.Phil. on Infringement. 

7. Attached as Exhibit 5 is a true and correct copy of the February 18, 2013 Report 

of Dr. David A. Johnson on Infringement. 

8. Attached as Exhibit 6 is a true and correct copy of the February 19, 2013 Report 

of Stephen R. Byrn, Ph.D. on Infringement. 

9. Attached as Exhibit 7 is a true and correct copy of AstraZeneca’s Amended 

Infringement Contentions. 

10. Attached as Exhibit 8 is a true and correct copy of AstraZeneca’s Statement of 

Disputed Facts in Support of its Opposition to Hanmi’s Motions for Summary Judgment Nos. 1 

and 2. 

11. Attached as Exhibit 9 is a true and correct copy of Hanmi NDA Module 2.3.S 

(HAN0000485-510). 

12. Attached as Exhibit 10 is a true and correct copy of U.S. Patent No. 5,714,504. 

13. Attached as Exhibit 11 is a true and correct copy of U.S. Patent No. 5,877,192. 

14. Attached as Exhibit 12 is a true and correct copy of the October 7, 2011 

Declaration of Wayne J. Genck, Ph.D. 

15. Attached as Exhibit 13 is a true and correct copy of AstraZeneca’s Amended 

Responses to Hanmi’s Invalidity Contentions. 

16. Attached as Exhibit 14 is a true and correct copy of AstraZeneca’s Response to 

Hanmi’s Local Rule 56.1 Statement in Support of Their Opposition to Defendants’ Motions for 

Summary Judgment No. 3, No. 4, and No. 5: Invalidity of U.S. Patent No. 5,714,504 (Claims 1, 

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2, 4, 6, and 7) Based on “Solid State” and on “Hydrates” and of Non-Infringement of Unasserted 

Claims. 

17. Attached as Exhibit 15 is a true and correct copy of AstraZeneca’s PowerPoint 

presentation used at the June 20, 2012 summary judgment hearing. 

18. Attached as Exhibit 16 is a true and correct copy of the transcript of proceedings 

at the June 20, 2012 summary judgment hearing. 

19. Attached as Exhibit 17 is a true and correct copy of the April 8, 2013 Reply 

Expert Report of Stephen R. Byrn, Ph.D. Concerning Infringement. 

20. Attached as Exhibit 18 is a true and correct copy of Hanmi NDA Module 2.3.P 

(HAN0000446-483). 

21. Attached as Exhibit 19 is a true and correct copy of Hanmi’s Second Amended 

Non-Infringement and Invalidity Contentions. 

22. Attached as Exhibit 20 is a true and correct copy of AstraZeneca’s Responses and 

Objections to Hanmi’s First Set of Interrogatories.

I declare under penalty of perjury that the foregoing is true and correct. 

Dated: May 6, 2013 

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