2 

Diane C. Ragosa 

AXINN, VELTROP & HARKRIDER LLP 

114 West 47th Street 

New York, NY 10036 

Telephone: 212-728-2200 

Facsimile: 212-728-2201 

dragosa@axinn.com 

Attorney for Defendants 

Actavis Elizabeth LLC and Actavis LLC 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

SHIRE LLC, et al., 

Plaintiffs, 

v. 

AMNEAL PHARMACEUTICALS, LLC, et al., 

Defendants. 

C.A. No.: 2:11-cv-03781(SRC)(CLW) 

(CONSOLIDATED) 

SHIRE LLC, et al., 

Plaintiffs, 

v. 

WATSON LABORATORIES, INC. et al., 

Defendants. 

C.A. No.: 12-CV-83 

DOCUMENT FILED 

ELECTRONICALLY 

DECLARATION OF DIANE C. 

RAGOSA, ESQ. IN SUPPORT OF 

DEFENDANTS’ MOTION FOR 

PARTIAL SUMMARY JUDGMENT 

OF ANTICIPATION OF CLAIMS 1, 2 

AND 5 OF U.S. PATENT NO. 7,662,787 

I, Diane C. Ragosa, hereby declare as follows: 

1. I am an associate of the law firm of Axinn, Veltrop & Harkrider LLP, attorneys 

for defendants Actavis LLC and Actavis Elizabeth LLC in the above-captioned matter. 

Case 2:11-cv-03781-SRC-CLW Document 499-1 Filed 02/21/14 Page 1 of 3 PageID: 108734
3 

2. I submit this Declaration in support of Defendants’ motion for partial summary 

judgment of anticipation of claims 1, 2 and 5 of U.S. Patent No. 7,662,787. I have personal 

knowledge of the facts set forth in this Declaration or believe such facts to be true based upon 

information provided by knowledgeable persons. 

3. Attached hereto as Exhibit A is a true and correct copy of Australian Patent 

Specification AU 54,168/65. 

4. Attached hereto as Exhibit B is a true and correct copy of the Expert Report of 

Gregory C. Fu Concerning Anticipation, dated October 3, 2013. 

5. Attached hereto as Exhibit C is a true and correct copy of the November 12, 2008 

Office Action from the Patent Prosecution History of U.S. Patent No. 7,662,787. 

6. Attached hereto as Exhibit D is a true and correct copy of Patent Application No. 

6414901, dated December 21, 1964. 

7. Attached hereto as Exhibit E is a true and correct copy of the September 22, 2009 

Notice of Allowance and Fee(s) Due from the Patent Prosecution History of U.S. Patent No. 

7,662,787. 

8. Attached hereto as Exhibit F is a true and correct copy of the Reply Expert Report 

of Gregory C. Fu Concerning Anticipation, dated December 15, 2013. 

9. Attached hereto as Exhibit G is a true and correct copy of the Reply Expert 

Report of Jerry L. Atwood, Ph.D., on Invalidity, dated December 16, 2013. 

10. Attached hereto as Exhibit H is a true and correct copy of excerpts from the 

February 6, 2014, deposition of Dr. Alexander M. Klibanov. 

11. Attached hereto as Exhibit I is a true and correct copy of U.S. Patent No. 

7,662,787. 

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12. Attached hereto as Exhibit J is a true and correct copy of a publication by G.E. 

Ullyot, et al. 

13. Attached hereto as Exhibit K is a true and correct copy of excerpts from the 

February 3, 2014, deposition of Jerry Atwood, Ph.D. 

14. Attached hereto as Exhibit L is a true and correct copy of the May 7, 2007 

Amendments to The Claims from the Patent Prosecution History of U.S. Patent No. 7,662,787. 

15. Attached hereto as Exhibit M is a true and correct copy of U.S. Patent No. 

7,223,735. 

Dated: February 21, 2014 

 /s/ Diane C. Ragosa

 Diane C. Ragosa 

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