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`Case: 18-2160 Document: 48 Page: 1 Filed: 11/02/2018
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`Nos. 2018-2160 and 2018-2161
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`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`
`CELLTRION, INC., CELLTRION HEALTHCARE CO., LTD.,
`TEVA PHARMACEUTICALS USA, INC., TEVA
`PHARMACEUTICALS INTERNATIONAL GMBH,
`
`
`Plaintiffs-Appellants,
`
`v.
`
`GENENTECH, INC., BIOGEN, INC., HOFFMANN-LA
`ROCHE INC., CITY OF HOPE,
`
`
`Defendants-Appellees.
`
`
`Appeals from the United States District Court for the
`Northern District of California in Nos. 4:18-cv-00274-JSW
`and 4:18-cv-00276-JSW, Judge Jeffrey S. White
`
`
`JOINT MOTION TO VOLUNTARILY DISMISS
`APPEAL NO. 2018-2161 UNDER RULE 42(b)
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`Pursuant to Federal Rules of Appellate Procedure 27 and 42(b) and Federal
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`Circuit Rule 27, Appellants Celltrion, Inc., Celltrion Healthcare Co. Ltd., Teva
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`Pharmaceuticals USA, Inc., and Teva Pharmaceuticals International GmbH
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`(collectively, “Celltrion”) and Appellees Biogen Inc., Hoffmann-La Roche Inc.,
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`City of Hope, and Genentech, Inc. (collectively, “Appellees”) move and stipulate
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`to a voluntary dismissal of Appeal No. 2018-2161 with prejudice in view of the
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`1
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`Case: 18-2160 Document: 48 Page: 2 Filed: 11/02/2018
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`
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`Settlement and License Agreement effecting a settlement of Celltrion and
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`Appellees’ dispute in this appeal. Each of Celltrion and Appellees shall bear
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`its/their own costs and attorneys’ fees. Both Celltrion and Appellees agree to this
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`motion, and thus no response will be filed to this motion.
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`The instant Appeal No. 2018-2161 is consolidated with Appeal No. 2018-
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`2160. See Dkt. No. 3 in Appeal No. 2018-2161 (Fed. Cir. July 23, 2018). This
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`motion does not request dismissal of Appeal No. 2018-2160, which remains
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`pending.
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`2
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`Case: 18-2160 Document: 48 Page: 3 Filed: 11/02/2018
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`
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`Dated: November 2, 2018
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`Respectfully submitted,
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`
`
`/s/ Brian T. Burgess
`Brian T. Burgess
`GOODWIN PROCTER LLP
`901 New York Avenue, N.W.
`Washington, DC 20001
`Tel.: 202-346-4000
`
`Elizabeth Holland
`Robert V. Cerwinski
`Huiya Wu
`Cynthia Lambert Hardman
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`Tel.: 212-813-8800
`
`Elaine Hermann Blais
`Daryl Wiesen
`Kevin DeJong
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, Massachusetts 02210
`Tel.: 617-570-1000
`
`Brett M Schuman
`GOODWIN PROCTER LLP
`Three Embarcadero Center
`San Francisco, CA 94111
`Tel.: 415-733-6000
`
`Natasha Daughtrey
`GOODWIN PROCTER LLP
`601 South Figueroa Street
`Los Angeles, CA 90017
`Tel.: 213-426-2500
`
`
`
`
`/s/ Nicholas Groombridge (by permission)
`Nicholas Groombridge
`Jennifer H. Wu
`PAUL, WEISS, RIFKIND, WHARTON
` & GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019
`(212) 373-3000
`
`David I. Gindler
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`(310) 277-1010
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`Attorneys for Defendants-Appellees
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`3
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`
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`Case: 18-2160 Document: 48 Page: 4 Filed: 11/02/2018
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`
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`Neel Chatterjee
`GOODWIN PROCTER LLP
`601 Marshall St.
`Redwood City, CA 94063
`Tel.: 650-752-3100
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`Michelle S. Rhyu
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304
`Tel.: 650-843-5000
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`Eamonn Gardner
`COOLEY LLP
`4401 Eastgate Mall
`San Diego, CA 92121-1909
`Tel: 858-550-6086
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`Counsel for Plaintiffs-Appellants
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`4
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`Case: 18-2160 Document: 48 Page: 5 Filed: 11/02/2018
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`
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`CERTIFICATE OF COMPLIANCE
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`This motion complies with the type-volume limitation of Fed. R. App. P.
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`27(d)(2)(A). The motion contains 148 words, excluding parts exempted by Fed. R.
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`App. P. 32(f) and Federal Circuit Rule 32(b). The word count includes the words
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`counted by the Microsoft Word 2010 function.
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`This motion also complies with the typeface and type-style requirements of
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`Fed. R. App. P. 27(d)(1)(E). The motion has been prepared in a proportionally
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`spaced typeface using Microsoft Word 2010 (Version 14) in 14-point font of
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`Times New Roman.
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`Dated: November 2, 2018
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`
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`
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`/s/ Brian T.Burgess
`Brian T. Burgess
`
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`5
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`1.
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`2.
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`3.
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`Case: 18-2160 Document: 48 Page: 6 Filed: 11/02/2018
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`CERTIFICATE OF INTEREST
`
`The full name of every party represented by me is:
`Genentech, Inc., Biogen Inc., Hoffmann-La Roche Inc., and City of Hope
`
`The name of the real party in interest (if the party named in the caption
`is not the real party in interest) represented by me is:
`
`None.
`
`All parent corporations and any publicly held companies that own 10
`percent or more of the stock of the party represented by me are:
`
`Genentech, Inc. and Hoffmann-La Roche Inc. are both wholly-owned
`subsidiaries of Roche Holdings Inc. Roche Holdings Inc.’s ultimate parent,
`Roche Holdings Ltd is a publicly held Swiss corporation traded on the Swiss
`Stock Exchange. Upon information and belief, more than 10% of Roche
`Holding Ltd.’s voting shares are held either directly or indirectly by Novartis
`AG, a publicly held Swiss corporation.
`
`Biogen Inc. is a publicly-traded corporation. Biogen has no parent
`corporation and, on information and belief, no publicly held corporation
`owns more than 10% of its stock.
`
`City of Hope does not have a parent corporation, and no person or entity
`owns stock in City of Hope.
`
`4.
`
`The names of all law firms and the partners or associates that appeared
`for the party now represented by me in the agency or are expected to
`appear in this Court (and who have not or will not enter an appearance
`in this case) are:
`
`DURIE TANGRI LLP: Daralyn J. Durie, Adam R. Brausa
`
`WILMER CUTLER PICKERING HALE & DORR LLP: Robert J. Gunther,
`Robert M. Galvin, Andrew J. Danford, Timothy A. Cook
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`IRELL & MANELLA LLP: David I. Gindler, Gary N. Frischling, Joshua B.
`Gordon, Keith A. Orso
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`6
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`
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`Case: 18-2160 Document: 48 Page: 7 Filed: 11/02/2018
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`The title and number of any case known to counsel to be pending in this
`or any other court or agency that will directly affect or be directly
`affected by this court’s decision in the pending appeal are:
`
`
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`5.
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`
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`The outcome of this consolidated appeal may affect certain aspects of the
`pending district court litigations between the parties, which are: (1) for
`Appeal No. 2018-2160, Genentech v. Celltrion, Inc., No. 1:18-cv-00095-
`GMS (D. Del.) and Genentech v. Celltrion, Inc., No. 1:18-cv-01025-GMS
`(D. Del.); and (2) for Appeal No. 2018-2161, Genentech v. Celltrion, Inc.,
`No. 1:18-cv-00574-RMB-KMW (D.N.J.) and Genentech v. Celltrion, Inc.,
`No. 1:18-cv-11553-RMB-KMW (D.N.J.).
`
`Dated: November 2, 2018
`
`
`
`/s/ Nicholas Groombridge (by permission)
`Nicholas Groombridge
`
`
`
`
`
`7
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`
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`Case: 18-2160 Document: 48 Page: 8 Filed: 11/02/2018
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`CERTIFICATE OF INTEREST
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`The full name of every party represented by me is:
`Celltrion, Inc., Celltrion Healthcare Co., Ltd., Teva Pharmaceuticals USA,
`Inc., Teva Pharmaceuticals International GmbH
`
`The name of the real party in interest represented by us, and not
`identified in response to Question 3 is:
`
`None.
`
`All parent corporations and any publicly held companies that own 10
`percent or more of the stock of the party represented by us are:
`
`Celltrion, Inc. has no parent corporation. The entities that own 10% or more
`of the stock of Celltrion, Inc. are Celltrion Holdings Co., Ltd., a Korean
`corporation, and Ion Investments B.V., a Netherlands corporation that is
`100% owned by Temasek, an investment company based in Singapore.
`
`Celltrion Healthcare Co., Ltd. has no parent corporation. The entities that
`own 10% or more of the stock of Celltrion Healthcare Co., Ltd. are Ion
`Investments B.V., a Netherlands corporation that is 100% owned by
`Temasek, an investment company based in Singapore, and One Equity
`Partners IV., L.P.
`
`The parent corporation of Teva Pharmaceuticals USA, Inc. and Teva
`Pharmaceuticals International GmbH is Teva Pharmceutical Industries Ltd.
`
`The names of all law firms and the partners or associates that appeared
`for the party represented by us in the agency or are expected to appear
`in this court (and who have not or will not enter an appearance in this
`case) are:
`
`N/A
`
`The title and number of any case known to counsel to be pending in this
`or any other court or agency that will directly affect or be directly
`affected by this court’s decision in the pending appeal. See Fed. Cir. R.
`47.4(a)(5) and 47.5(b).
`
`
`
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`1.
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`2.
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`3.
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`4.
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`5.
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`8
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`Case: 18-2160 Document: 48 Page: 9 Filed: 11/02/2018
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`
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`/s/ Brian T. Burgess
`Brian T. Burgess
`
`
`
`
`
`
`
`Appeal No. 2018-2160 may affect certain aspects of Genentech v. Celltrion,
`Inc., No. 1:18-cv-00095-GMS (D. Del.) and Genentech v. Celltrion, Inc.,
`C.A. No. 18-01025-GMS (D. Del.).
`
`Appeal No. 2018-2161 may affect certain aspects of Genentech v. Celltrion,
`Inc., C.A. No. 18-00574-RMB-KMW (D.N.J.); Genentech v. Celltrion, Inc.,
`C.A. No. 18-11553-RMB-KMW (D.N.J.); and Celltrion, Inc. v. Biogen, Inc.,
`No. 2018-1924 (Fed. Cir.).
`
`
`Dated: November 2, 2018
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`
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`
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`9
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`Case: 18-2160 Document: 48 Page: 10 Filed: 11/02/2018
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`CERTIFICATE OF SERVICE
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`I hereby certify that on November 2, 2018, I caused the foregoing document
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`to be filed with the Clerk of the Court for the United States Court of Appeals for
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`the Federal Circuit using the CM/ECF system.
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`I further certify that all participants in the case are registered CM/ECF users
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`and that service will be accomplished by the appellate CM/ECF system.
`
`
`
`
`/s/ Brian T. Burgess
`Brian T. Burgess
`
`
`
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`10
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