Free Motion for Reconsideration - District Court of Delaware - Delaware

Case 1 :04-cv-01258-SLR Document 346 Filed O4/22/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS LLC, )
Plaintiff, g .
v. g Civil Action No. 04-1258-SLR
THE TRIZETTO GROUP, TNC., )
Defendant. )
)
MCKESSON’S MOTION FOR RECONSIDERATION OF THE
COURT’S APRIL 19, 2006 RULING REGARDING
DEPOSITION TESTIMONY OF ANTHONY BELLOMO
Pursuant to Rule 37 of the Federal Rules of Civil Procedure and the Local
Rules of this Court, Plaintiff McKesson Information Solutions LLC ("McKesson"), by its
counsel, hereby respectfully moves this Court for reconsideration of its April 19, 2006
ruling concerning McKesson's presentation of deposition testimony of TriZetto's
A Executive Vice President, Anthony Bellomo, relating to TriZetto's direct and indirect
infringement of the ‘l 64 patent.
As grounds for this motion, McKesson states as follows:
1. This Court's April 19, 2006 ruling (Tr. at 705:2-6) precludes
McKesson from presenting the testimony of Anthony Bellomo (Voliune 2) on issues of
direct, inducement and contributory inhingement as being irrelevant and redundant to
evidence already presented to the jury. The testimony McKesson seeks to introduce
includes statements made by Mr, Bellomo that indicate TriZetto directly practices the
claimed methods by hosting and running each of the three accused systems for its
customers. The testimony is also relevant to TriZetto's inducement of infringement
1

Case 1 :04-cv-01258-SLR Document 346 Filed O4/22/2006 Page 2 of 4
because it includes infomation on TriZetto's marketing and encouragement of its
customers to practice the claimed method to realize a large amount of monetary savings.
Finally, the testimony is relevant to TriZetto's contributory infringement by indicating
that TriZetto actively sells and sets up software that is designed to infringe the methods
claimed in the '164 patent. The Court's order precluding the presentation of such relevant
and admissible evidence from a senior officer at TriZett0 regarding TriZetto's direct and
indirect infringement prejudices McKesson.
2. For the foregoing reasons, McKesson respectfully requests that the
Court reconsider its ruling and allow McKesson to introduce the attached deposition
testimony of Mr. Bellomo on Monday April 24, 2006 during the continuation of its case- .
in-chief which is already scheduled to continue with the examination of Ms. Larnpe.
Specifically, McKesson requests the Court allow presentation of testimony from the
Volume 2 deposition of Anthony Bellomo, attached as Exhibit A, and designated as
follows: 98:12 — 98:25; 99:20 -104:6; 106:5 — 106:9; 108:3 — 109:14; 110:1 — 110:20;
111:8 — 112:4; 143:4 — 143:24; and 145:4 -145:11.
By: /s/ Michael A. Barlow
Thomas J. Allingham H (#0476)
Michael A. Barlow (#3928)
SKADDEN, ARPS, SLATE,
MEAGHBR & From LLP
° One Rodney Square
P.O. Box 636
Wilmington, Delaware 19899
(302) 651-3000
Attomeys for Plaintiff McKesson
Information Solutions LLC
2

Case 1:04-cv-01258-SLR Document 346 Filed O4/22/2006 Page 3 014
OF COUNSEL:
Jeffrey G. Randall
David W. Hansen
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, Califomia 94301
(650) 470-4500
, DATED: April 22, 2006
3

Case 1 :04-cv-01258-SLR Document 346 Filed O4/22/2006 Page 4 of 4
RULE 7.1.1 CERTIFICATE
I hereby certify that the subject of the foregoing motion has been discussed with
counsel for the defendant and that we have not been able to reach agreement
/s/ Michael A. Barlow
Michael A. Barlow (#3 928)