Biotech Values

[mouton29]

Attorney's declaration.

I post this not because it has anything of substance but because it does list the exhibit to the declaration, and you will see the documents are publicly available. The presumably juicier stuff is not available yet, and is subject to the "Motion to Impound":

DECLARATION OF COURTNEY M. SCHOU, ESQ. IN SUPPORT
OF PLAINTIFFS' MOTION FOR A TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION
I, Courtney M. Schou, on oath, depose and say as follows:
1. I am an attorney at Choate, Hall and Stewart LLP. Choate, Hall and Stewart LLP
represents Plaintiff Momenta Pharmaceuticals, Inc. ("Momenta") in this matter. I make this
declaration for the purpose of authenticating relevant documents cited in support of Momenta
and Sandoz Inc. 's Motion for a Temporary Restraining Order and Preliminary Injunction. I have
personal knowledge of the facts set forth in this declaration.
2. Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No.
7,790,466, which is asserted against the defendants in this action.
3. Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No.
7,575,886, which is asserted against the defendants in this action.
Case 1:11-cv-11681-NMG Document 18-4 Filed 09/30/11 Page 2 of 3
4. Attached hereto as Exhibit C is a true and correct copy of a Watson
Pharmaceuticals, Inc. Press Release entitled "Watson Pharmaceuticals Announces Approval of
Amphastar's Generic Lovenox®, dated September 19, 201 I.
5. Attached hereto as Exhibit D is a true and correct copy of the FDA Webpage:
Generic Enoxaparin Questions and Answers,
http://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInformationforPatientsandProvider
s/ucln220037.htm, last accessed September 29,2011.
6. Attached hereto as Exhibit E is a true and correct copy of the FDA Response to
Sanofi-Aventis' Citizen Petition dated July 23, 2010.
7. Attached hereto as Exhibit F is a true and correct copy of the Lovenox® label.
8. Attached hereto as Exhibit G is a true and correct copy of the USP Monograph for
Enoxaparin Sodium.
9. Attached hereto as Exhibit H is a true and accurate copy of the USP Chapter 207
Test for 1,6-Anhydro Derivative for Enoxaparin Sodium.
10. Attached to the Memorandum in Support of Plaintiffs' Motion for Temporary
Restraining Order and Preliminary Injunction as Appendix A is a true and correct copy of a page
from the FDA's website entitled "Establishing Active Ingredient Sameness for Generic
Enoxaparin Sodium, a Low Molecular Weight Heparin,"
http://www .fda. gOY IDrugs/DrugSafety/PosttnarketDrugSafetyInformationforPatientsandProvider
s/ucm220023.htm, last accessed September 29,2011.
11. Attached to the Memorandum in Support of Plaintiffs' Motion for Temporary
Restraining Order and Preliminary Injunction as Appendix B is a true and correct copy of Claims
1 and 8 of U.S. Patent No. 7,790,466.
Case 1:11-cv-11681-NMG Document 18-4 Filed 09/30/11 Page 3 of 3
12. Attached to the Memorandum in Support of Plaintiffs' Motion for Temporary
Restraining Order and Preliminary Injunction as Appendix C is a true and correct copy of Claims
6, 15 and 53 of U.S. Patent No. 7,575,886.
Signed under the penalties of perjury this 30th day of September, 2011.