HOSPIRA HEALTHCARE CORPORATION. and THE KENNEDY INSTITUTE OF RHEUMATOLOGY

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1 Date: Docket: T Toronto, Ontario, April 17, 2015 PRESENT: Madam Prothonotary Martha Milczynski BETWEEN: HOSPIRA HEALTHCARE CORPORATION Plaintiff and THE KENNEDY INSTITUTE OF RHEUMATOLOGY Defendant AND BETWEEN: THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH, JANSSEN BIOTECH, INC., JANSSEN INC. AND CILAG GMBH INTERNATIONAL Plaintiffs by Counterclaim and HOSPIRA HEALTHCARE CORPORATION, CELLTRION HEALTHCARE CO. LTD AND CELLTRION INC. Defendants by Counterclaim

2 Page: 2 ORDER UPON MOTION dated the 30th day of January, 2015 (Motion #1) on behalf of the Plaintiff and Defendants to the Counterclaim, Hospira Healthcare Corporation, Celltrion Healthcare Co. Ltd. and Celltrion Inc. ( Hospira and Celltrion ), for: 1. An Order compelling [Janssen Biotech, Inc., Janssen Inc. and Cilag GmbH International (collectively, Janssen )] to produce a representative for the continuation of the first round of examinations for discovery for at least two days, in Toronto, at Janssen s expense within 30 days of the issuance of this Order; 2. An Order compelling Janssen to serve a sworn affidavit of documents within 10 days of the issuance of this Order; 3. Costs of this motion payable to the Moving Parties; and 4. Such further and other relief as counsel may advise and this Honourable Court deems just. AND UPON MOTION dated the 31st day of July, 2014 (Motion #2) on behalf of Hospira and Celltrion for, inter alia, the following: 1. An Order compelling the representative of The Kennedy Institute of Rheumatology ( Kennedy Institute ) and The Kennedy Trust for Rheumatology Research ( Kennedy Trust ) (collectively Kennedy ) to re-attend in Toronto, at their own expense, to complete the examination by no later than November 15, 2014.

3 Page: 3 2. An Order compelling Dr. Feldmann and Dr. Maini to re-attend in Toronto, at their own expense, to complete their examination no later than November 30, An Order that Kennedy shall reimburse Hospira/Celltrion s travel expenses incurred in completing the examinations of the Kennedy representative, Dr. Feldmann or Dr. Maini are not made available for the completion of their examinations in Toronto forthwith. 4. An Order that Dr. Maini be appointed as the representative for Kennedy on examination for discovery pursuant to Rule 237(3) and that Dr. Maini s testimony from his examination held on May 29, 2014 shall be considered as an examination of Kennedy pursuant to Rule 234 of the Federal Courts Rules. 5. Costs of this motion to Hospira and Celltrion on a solicitor-client basis. 6. Such further and other relief as this Honourable Court may deem just. AND UPON reviewing the motion records filed on behalf of the parties and hearing the submissions of counsel; AND UPON Hospira and Celltrion withdrawing, with prejudice, their requests that: 1. Dr. Maini be appointed as the representative for Kennedy on examination for discovery and that Dr. Maini s testimony from his examination held on May 29, 2014 shall be considered as an examination of Kennedy;

4 Page: 4 2. Kennedy re-attend in Toronto at their own expense and that Kennedy reimburse Hospira/Celltrion s travel expenses incurred in completing the examinations of the Kennedy representative; and 3. Janssen re-attend in Toronto at their own expense. AND UPON the Court taking under reserve its disposition of item #2 in Motion #2 and any issues as to costs thereof, and upon subsequently further considering the submissions of counsel for the Plaintiffs that the examination of each of Dr. Feldmann and Dr. Maini, although conducted for two days, was not completed and that they had requested two days (each) from the outset. The Plaintiffs described generally the topics for discovery yet to be completed with the investors and requested a further one day with each of the inventors. I am satisfied, however, that a half day with each would be sufficient and that these discoveries should be concluded with some cooperation between the parties so as to permit the litigation to progress. I am also satisfied that, unless the parties agree otherwise, that the examinations of Dr. Feldmann and Dr. Maini should proceed by way of teleconference. THIS COURT ORDERS that: 1. The representative of Kennedy shall attend for the continuation and completion of examinations for discovery for 2 days. 2. The representative of Janssen shall attend for the continuation and completion of examination for discovery for 2.5 days.

5 Page: 5 3. A day as referred to in this order shall be from 9:30 to 5:00 with one hour of breaks (or such other time as the parties may agree) and a half day shall consist of three hours and fifteen minutes. 4. Kennedy and Janssen shall not object to or refuse to answer any questions solely on the basis that the question should have or could have previously been asked. 5. Hospira and Celltrion shall seek leave of the Court prior to conducting any further examinations for discovery of Kennedy or Janssen. 6. Hospira and Celltrion shall complete the examination of each of Dr. Feldmann and Dr. Maini in one-half day (each), which examinations shall be conducted by teleconference, unless otherwise agreed to by the parties. 7. There shall be no costs on any part of these motions. Martha Milczynski Prothonotary