IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
SANOFI-AVENTIS and ;
SANOFI-AVENTIS U.S. LLC, )
Plaintiffs, )
V g C.A. No. 08-150 (GMS)
. g {
WOCKHARDT LIMITED and )
WOCKHARDT USA, INC., g
Defendants. )
PLAINTIFFS’ REPLY TO DEFENDANTS WOCKHARDT LIMITED
AND WOCICHARDT USA, INC.’S COUNTERCLAIMS
_ Plaintiffs sanofi-aventis and sanofi-aventis U.S. LLC, for their Reply to the
numbered paragraphs of the Counterclaims of Defendants `Wockhardt Limited and Wockhardt
USA, Inc. (collectively "Wocl
_ 26. Admitted.
27. Admitted.
28. Admitted.
29{ Plaintiffs do not contest personal jurisdiction in this Court for this Action;
to the extent that Paragraph 29 contains any other or further allegations, they are superfluous
allegations to which no response is required.
30. Plaintiffs do not contest venue in this Court for this Action, to the extent
that Paragraph 30 contains any other or further allegations, they are superfluous allegations to
which no response is required.
31. Admitted
Dase 1 :08-cv—00150-GIVIS Document 11 Filed 05/29/2008 Page 2 of 4
32. Admitted, except that the patent is entitled "Tablet With Controlled
Release of Alfuzosine Chlorhydrate" and one of the listed inventors is named is named Francois
Xavier Jarreau and not Xavier Jarreau.
33. Admitted.
34. Admitted.
35. Admitted.
‘ 36. Plaintiffs lack knowledge or information sufficient to form a belief as to
the truth of the allegations in Paragraph 36 of Defendants’ Counterclaims, and on that basis deny
such allegations.
37. Admitted.
38. Admitted.
39. Plaintiffs restate and incorporate by reference their responses to the
allegations contained in Paragraphs 25-38 as though set forth specifically herein.
40. Denied.
n 41. Plaintiffs lack knowledge or information sufficient to form a belief as to
the truth of the allegations in Paragraph 4l of Defendants’ Counterclaims, and on that basis deny
such allegations.
42. Denied.
43. Denied.
44. Plaintiffs restate and incorporate by reference their responses to the
allegations contained in Paragraphs 25-43 as though set forth specifically herein.
45. Denied.
D 2
Case 1 :08-cv—00150-GIVIS Document 11 Filed 05/29/2008 Page 3 of 4
Wherefore, Plaintiffs deny that Wockhardt Limited or Wockhardt USA, Inc. are
entitled to any relief, either as prayed for in their Counterclaims or otherwise.
` Plaintiffs further deny each allegation contained in Wockhardt Limited and
Wockhardt USA, lnc.’s Counterclaims that was not specifically admitted, denied, or otherwise
responded to in this Reply to Defendants Wockhardt Limited and Wockhardt USA, Inc.’s
Counterclaims.
` Moms, NICHOLS, Ansar & TUNNELL LLP
1; B. Blumenfeld (# 1014)
Maryellen Noreika (# 3208)
James W. Parrett, Jr. (#4292)
( 1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
(302) 658-9200
[email protected]
[email protected]
[email protected]
Attorneys for Plczintjfs .
san0fi—aventis and scmojiczventis US. LLC
Of Counsel:
John Desmarais
Gerald J. Flattmann, Ir.
William T. Vuk
Alexis Gorton
KIRKLAND & ELLIS, LLP
Citigroup Center -
153 E. 53rd Street
New York, NY 10022
(212) 446-4800
May 29, 2008
3
Case 1 :08-cv—00150-GIVIS Document 11 Filed 05/29/2008 Page 4 of 4
CERTIFICATE OF SERVICE
. I hereby certify that on May 29, 2008 I electronically tiled the foregoing with the
Clerk of the COUIT using CM/ECF, which will send notification of such filing to:.
Jeffrey L. Moyer, Esquire
Kelly E. Farnan, Esquire
RICHARDS, LAYTON & FINGER, P.A.
- I further certify that I caused to be sewed copies of the foregoing document on
May 29, 2008 upon the following in the manner indicated:
Jeffrey L. Moyer, Esquire VIA ELE CT ORN! C MAIL
Kelly E. Farnan, Esquire and HAND DELIVERY
Ricmmns, LAYToN & Futons, 1=·.A.
920 North King Street
Wilmington, DE 19801
Counsel for Wock/mardi USA Inc. and
Wockhardt Limited
Mark Boland, Esquire VIA ELECTRONIC MAIL
Michael Dzwonczyk, Esquire
Chid Iyer, Esquire
Renita S. Rathinam, Esquire
SUGHRUE M1oN PLLC
2100 Pennsylvania Avenue, N.W.
Washington, DC 20037
(iléck B. Blumenfeid (#1014)
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