Free Declaration - District Court of Delaware - Delaware

Case 1 :05-cv-00029-JJF Document 38 Filed 07/08/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OI? DELAWARE
)
CEPHALON, INC. and )
UNIVERSITY OF UTAH )
RESEARCH FOUNDATION )
)
Plaintiffs ) p
) Civil Action No. 05-29-J3}?
v. )
)
BARR LABORATORIES, INC. )
)
Defendant )
............._..........;...............J
DECLARATION OF GREGORY P. TERAN IN SUPPORT OF
PLAIN'I`IF}3`S’ OPENING BRIEF ON
CLAIM CONSTRUCTION FOR U.S. PATENT NO. 4,863,737 g‘737 PATENTQ
I, Gregory P. Teran, state the following under the pains and penalties of perjury:
A. I am ajuzzior partner in the iaw fum of Wilmer Cutler Pickering
Hale and Dori LLP. I am a member in good standing of the bars of the
Commonwealth of Massachusetts, the United States District Court for the District
of Massachusetts, the First Circuit Court of Appeals, and the Federal Circuit, I
am over the age of 21 and am competent to testify to the matters and facts set
forth below, all of which are within my personal lmowiedge. { submit this
declaration for the purpose of describing certain documents submitted as exhibits
to Plaintitt"s’ Opening Brief On Claim Construction For U.S. Patent No. 4,863,737
(‘"/37 Patent).

Case 1 :05-cv-00029-JJF Document 38 Filed 07/08/2005 Page 2 of 4
1. Exhibit 1 to this declaration is a true and accurate copy of U-S. Patent No.
4,86.3,“/37.
2. Exhibit 2 this declaration is a true and accurate copy of Office Action,
April 27, 1988, Paper No. 5 from U.S. Patent Application 07/060,045.
3.. Exhibit 3 to this declaration is a true and accurate copy of Amendment,
Oct. 27, 1988, Paper No. 8 from U.S. Patent Application 07/@0,045.
4. Exhibit 4 to this declaration is a true and accurate copy of Cephaloxfs
Preliminary Claim Constructions, served May 27, 2005.
5. Exhibit 5 to this declaration is a true and accurate copy of Barr’s
Preliminary Claim Constructions, served June 15, 2005.
6. Exhibit 6 to this declaration is a true and accurate copy of cited pages from
Webster’s Ninth New Collegiate Dictionary- (9th ed. 1985).
Y. Exhibit 7 to this declaration is a tme and accurate copy of cited pages from
Webster’s New World Dictiong of the Ancierican Language (2d ed. 1982).
8. Exhibit 8 to this declaration is a true and accurate copy of cited pages from
Rcmingtorfs Pharmaceutical Sciences (17th ed. 1985).
9. Exhibit 9 to this declaration is a tmc and accurate copy of an ACTIQ®
Patient Leaflet.
10. Exhibit 10 to this declaration is a true and accurate copy of Drayer,
Pharmacotherapy, 7(4):87—9l, 88 (1987).

Case 1 :05-cv-00029-JJF Document 38 Filed 07/08/2005 Page 3 of 4
ll. Exhibit ll to this declaration is a true and accurate copy of Moerlein et al",
Int. J. Nucl. Med. Biol. 12(5):353—356, 356 (1985).
Respectfully submitt d,
Bt C ,.\_
Gregory P, Terz.11
Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
Boston, Massachusetts 02109
(617) 526-6000
Dated: July S, 2005

Case 1:05-cv-00029-JJF Document 38 Filed 07/08/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on Iuiy S, 2005, 1 electronicaily tiled the foregoing with the Clerk of
Court using CMIECF which will send notification of such tiling(s) to the following and which
has also been served as noted;
VIA HAND DELIVERY
Josy W. Ingersoll
Richard H Morse
Young Conaway Stargatt & Taylor, LLP
The Brandywine Building, 17m Floor
1000 West Street
Wilmington, DE 19801
I hereby certify that on July 8, 2005, I have mailed via Federal Express, the documents to
the following non—registered participants;
Georege Lombardi, Esquire Robert C Miilonig, Esquire
Bradley F. Graveiine, Esquire Heidi L Kraus, Esquire
Michael K Nutter, Esquire Sterne, Kessler, Goldstein & Fox PLLC
Winston & Strawn, LLP 1100 New York Avenue, N W.
35 West Wacker Drive Washington, DC 20005
Chicago, H,. 60601
Chad M. Shandler (#3796)
(Shandier@r1tT com)
RL?i-2856858-1