Free Statement - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR Document 314 Filed O4/10/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS LLC, )
Plaintiff] l
v. l Civil Action No. 04-1258-SLR
THE TRIZETTO GROUP, INC., l
Defendant. l
)
PLAINTIFF’S PRETRIAL ORDER SUBMISSIONS RE BENCH TRIAL ISSUES
On November 7, the Court directed that TriZetto's equitable defenses of iaches,
estoppel, and inequitable conduct be tried to the Court after the jury trial. (D.I. 138 at
36:3-5. See also D.I. 298 at 3.) On March 31, 2006, plaintiff tiled a Joint Pretrial Order
regarding matters as to the jury trial scheduled to commence on April 17, 2006. (D.I. 298.)
Because the Court had not yet scheduled the bench trial regarding TriZetto's equitable
defenses, plaintiff reserved the right to file the pretrial order submissions relating to the
bench trial in accordance with the schedule to be set by the Court. (D.I. 298, Exs. 1, 2, 4, 6,
8, 10 & 12.) Defendant did not object to or disagree with plaintiffs reservation of rights.
On April 5, 2006, the Court held a Pretrial Conference, at which the Court
scheduled the bench trial on dcfendant’s equitable defenses to commence immediately
following the jury trial. (D.I. 311 at 16:12-17:4.) Having received the Court's schedule
regarding the bench trial, plaintiff Mcliesson Information Solutions, LLC ("McKesson")
hereby provides the following pretrial order submissions regarding the bench trial issues:
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Case 1:04-cv-01258-SLR Document 314 Filed O4/10/2006 Page 2 ot 2
Exhibit 1: McKesson’s Statement of Disputed Issues of Fact that Remain to be
Litigated in the Bench Trial
Exhibit 2: McKesson’s Statement of Disputed Issues of Law that Remain to be
Litigated inthe Bench Trial
Exhibit 3: Statement of 1\/IcKesson’s Proofs at the Bench Trial on Laches, Estoppel
and Inequitable Conduct
Exhibit 4: McKesson’s List of Intended Bench Trial Witnesses
Exhibit 5: McKesson’s Trial Exhibit List with TriZetto’s Objections
(In addition to identifying exhibits related to the bench trial, this exhibit
assigns specific exhibit numbers to previously identified screenshots,
printouts and video of the accused products. This exhibit list replaces and
supersedes the previously filed exhibit list (D.l. 298, Ex. 6).)
McKesson also incorporates by reference its previous pretrial order submissions
regarding the jury trial issues tiled on March 31, 2006. (D.I. 298.)
By: g Z
Thomas J. Allinghain II (#0476)
Michael A. Barlow (#3928)
Jeremy D. Anderson (#4515)
SKADDEN, ARPS, SLATE,
Msiionsn & From LLP
One Rodney Square
P.O. Box 636
Wilmington, Delaware 19899
(302) 651-3000
Attorneys for Plaintiff
McKesson information Solutions LLC
OF COUNSEL:
Jeffery G. Randall
David W. Hansen
SKADDEN, ARPS, SLATE,
MEAGHER & From LLP
525 University Avenue, Suite 1100
Palo Alto, California 94301
(650) 470—4500
DATED: April 10, 2006
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