AbbVie Endocrine Inc. v. Takeda Pharmaceutical Company

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SAM GLASSCOCK III VICE CHANCELLOR COURT OF CHANCERY OF THE STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE 34 THE CIRCLE GEORGETOWN, DELAWARE 19947 September 17, 2021 A. Thompson Bayliss, Esquire Joseph A. Sparco, Esquire ABRAMS & BAYLISS LLP 20 Montchanin Rd., Suite 200 Wilmington, DE 19807 RE: Kevin R. Shannon, Esquire Christopher N. Kelly, Esquire Daniel M. Rusk, IV, Esquire POTTER ANDERSON & CORROON LLP 1313 N. Market St. Hercules Plaza, 6th Floor Wilmington, DE 19801 AbbVie Endocrine Inc. v. Takeda Pharmaceutical Company Limited, C.A. No. 2020-0953-SG Dear Counsel: I have considered the Defendant’s Motion to Supplement the Trial Record, the Plaintiff’s Motion to Supplement the Trial Record (together, the “CrossMotions”) and the Plaintiff’s Limited Opposition to Defendant’s Motion to Supplement the Trial Record. The Cross-Motions are hereby granted, with the exception of Exhibit 1 to the Defendant’s Motion (“Exhibit 1”), which is a gloss on disputed facts that would require supplemental discovery in order for the Plaintiff to address. In any event, Exhibit 1 is not dispositive of my decision. To the extent the foregoing requires an order to take effect, it is SO ORDERED. Sincerely, /s/ Sam Glasscock III Vice Chancellor cc: All counsel of record (by File & ServeXpress) 2

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