Free Notice (Other) - District Court of Delaware - Delaware

Ao as taet.s1§3Hse 1 :04-cv—00179-SLR Document 107-2 Filed 03/03/2006 Pa e 1 of 3
‘ Issued by the
UNITED STATES DISTRICT COURT
FOR THEDISTRICT OFDELA WARE
BAYER AG, BAYER HEALTHCARE AG, and BAYER SUBPQENA IN A CIVIL (QASE
PHARMACEUTICALS CORPORATION,
V P""“"‘ffS’ cass NUMBERI: c. A. Ne. 04479 (sta)
DR. REDDY’S LABORATORIES, LTD. and
DR, R.EDDY’S LABORATORIES, INC.,
Defendants.
DR. REDDY’S LABORATORIES, LTD. and
DR. REDDY’S LABORATORIES, INC.,
Counterclaim Plaintiffs,
v.
BAYER AG, BAYER HEALTHCARE AG, and BAYER
PHARMACEUTICALS CORPORATION,
Counterclaim Defendants.
TO: Records Custodian
Norris Mcisaughiin & Marcus, P.A.
72i Route 202-206
Bridgewater, NJ 08807
X YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in
the above case.
PLACE OF TESTIMONY COURTROOM
United States District Court For The District Of Delaware 6B
J. Caleb Boggs Federal Building
844 N. King Street
Wilmington, DE 19801
DATE AND TIME
March 27, 2006; 9:00 a.m.
I YOU ARE COMMANDED to a . ear at the t lace, date, and time s ecitied below to testi at the takin of a de osition in the above case.
PLACE OF DEPOSITION DATE AND TIME
X YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the place, date, and
time specified below (list documents or objects): See attached Exhibit A for list documents or ob`ects.
PLACE: DATE:
United States District Court For The District Of Delaware March 27, 2006, 9:00 a.rn.
J. Caleb Boggs Federal Building
844 N. King Street
Wilmin on, DE 1980i
I YOU ARE COMMANDED to ermit ins ection ofthe foliowin ; remises at the date and time s ecitied below.
PREMISES DATE @D TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ofiicers, directors, or
managing agents, or other persons who consent to testify on its behali and may set forth, for each person designated, the matters on which the person
wiil testi . Federal Rules of Civil Rrocedure, 30 b 6 .
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF DATE: March 3, 2006
ATTORNEY FOR PLAINTIFF OR DEFENDANTE
Kathleen Furey McDonough (No. 2395) Aga,-·.·:‘ Y}?
Attorneys for Defendants/Counterclaim Pla' iffs Dr. Re ’s Labor cries, Ltd. and
Dr. Reddy’s Laboratories, Inc.
ISSUING OFFICER°S NAME, ADDRESS AND PHONE NUMBER
Kathleen Furey McDonough (No. 2395), Potter, Anderson & Corroon, L.L.P., Hercules Plaza, 6th Floor, 1313 N. Market Street,
P.O. Box 95}, Wihnin on, DE 19801; 302-984-6000
(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)
I If action is pending in district other that district of issuance, state district under case number.

8.89 Z ·CV· · E i ¤l`kn VICE IG U U UU• 3.QG O
SERVED DATE PLACE
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
l declare under enal of er’u under the laws ofthe United States of America that the fore oin · infomation contained in the Proof of Service is true and correct
Executed on
*0***0 SIGNATURE OF SERVER
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(c) PROTECTEON OF PERSONS SUBEECT TO SUEPOENAS. except that, subject to the provisions of clause (c)(3)(B)(iii) of t.bis rule, such a
person may in order to attend trial be commanded to travel from any such place
(1) A party or an attorney responsible for the issuance and service of a 0******* ***0 $****0 *0 y:{h·¤¤ ***0 ***0* *5 **0***- 0* _ _
subpoena shall take reasonable steps to avoid imposing undue burden or (**9 *0*i****0€ ********0$***** 0* i****·'**°E°** 0* 0***c* P*`°*°°*°** ml***°*'
expense on a person subject to that subpoena. The court on behalf of which the ****0 **0 0**00000** 0* “'*·***’*** **?*****0$· 0*
subpoena wm issued shall enforce this duty and impose upon the party or *0** S****$00*$**I*0*S0** *0 ********0 0*****0**-
attomey in breach of this duty an appropriate sanction, which may include, but
is not limited to, lost earnings and a reasonable attomey’s fee. (B) lf a subpoena
(2) (A) A person commanded to produce and permit inspection and (i) requires disclosure of a trade secret or other conlidential research,
copying of designated books, papers, documents or tangible things, or development, or commercial information, or
inspection of premises need not appear in person at the place of production or (ii) requires disclosure of an unretaincd cxpert‘s opinion or
inspection unless commanded to appear for deposition, hearing or trial. information not describing specitic events or occurrences in dispute and
resulting from the expert’s study made not at the request of any pmty, or
{B) Subject m paragraph (d)(2) of mis mic, a Datsun cummmdcd v (tn) requires a person who is not a party or an officer of a party to
{D pmducc and pcpmh inspccmn and mpying may, www 14 days HRC,. Service incur substantial expense to travel more than 100 miles to attend tnal, the coprt
ofthe subpoena or before the time specified for compliance if such time is less may- *0 ***0*00* 0 l*0**0** 5****-*00* *0 0* ****00*0** 0** ***0 *’****l·*00****3 *l****$** 0* ***0*****}*
mam 14 days mm, Scwicq Serve Umm me pany 0, ammcy dcsigmmd in gm the subpoena or, tf the party- rn whose behalf the subpoena is rssued shows a
Suhpocm, written Objection in inspccmn Or copying Bf my G,. an of me substantial need for the testimony or material that cannot be otherwise met
designated materials or of the premises. lfobjection is made, the party serving ******0*** **0000 *****05***}* ****0 ***5*****S ***0* ***0 0***0** *0 *****0*** ***0 $****900**0 *$
the subpoena shall not be entitled to inspect and copy the materials or inspect **00**3*00 w*** **0 *0****0*******Y °0***¥**{**5***0**· ***0 00**** *****Y 0***0* **l*F*0***0**00 0*
the premises except pursuant to an order ofthe court by which the subpoena p*0****0**0** 0***Y ****0** 5**00***00 00*******0**$·
was issued. lf objection has been made, the party serving the subpoena may,
upon notice to the person cornrnanded to produce, move at any time for an order (d) DUTIES IN RESPONDING T0 SUBPOENA.
to compel the production. Such an order to compel production shall protect any
l****`$0** ****0 *$ **0* 3 i*****Y 0* 0** 0***00* 0* ** I*0**Y **0*** $*9****000* 0**l*0**$0 (1) A person responding to a subpoena to produce documents shall
*050*****8 **0*** ***0 ***5}*00**0** 0**** 00l*Y***g 00**********00**· produce theirs as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(3) (A) On timely motion, the court by which a subpoena was issued
5****** *}****5** 0* ***00**Y ***0 ******}*0****** **** (2) When information subject to a subpoena is withheld on a claim that
it is privileged or subject to protection as trial preparation materials, the claim
(i) fails to allow reasonable time for compliance; shall be made expressly and shall be supported by a description ofthe nature of
(ii) requires a person who is not a party or an officer of a the documents, communications, or things not produced that is sufficient to
party to travel to a place more than 100 miles from the place where that enable the demanding party to contest the claim.
person resides, is employed or regularly transacts business in person,
721852/27944 `

Case 1 :04-cv—00179-SLR Document 107-2 Filed 03/03/2006 Page 3 of 3
· Exhibit A
1) All documents concerning the preparation, drafting, tiling, prosecution, correction,
reissue, or reexamination of United States Patents 4,990,517; 5,059,597; 5,4l6,096; and
5,607,942.
2) All documents concerning the preparation, drafting, tiling, prosecution, correction,
reissue, or reexamination of: German patent applications 3824072 and 3906365;
applications identified as LE A 26 108, LE A 26 658, LE A 26 108 U.S. CIP; LE 28 100;
7580-LH; 7580.1-LH; 7580.2-LH; 75 80.3-LH; or 7580.4-LH; United States Patent
Applications Ser. Nos. 07/375,434; 07/580,906; 07/737,631; or 08/406,448; abandoned
United States Patent Application Ser. No. 08/026,906; EP 0350733; or EP 0757990; and
all documents concerning the preparation, drafting, tiling, prosecution, correction,
reissue, or reexamination of any continuation, continuation in part, or division of the
foregoing.
3) All documents concerning the preparation, drafting, tiling or prosecution of U.S. Patent
Application No. 07/298,459, and including without limitation all documents concerning:
the rejection dated April 23, 1990; the response dated August 22, 1990; the Deciaration
of Klaus-Dieter Brernn submitted to the PTO on or about August 22, 1990; or Published
European Patent application 0241206 A2.
4) All documents concerning the preparation, drafting, tiling or prosecution of U.S. Patent
Application No. 06/815,440, and including without limitation all documents concerning:
the rejection dated April 22, 1986; the response dated July 22, 1986; or Japanese Patent
application publication 60- 126284.
5) All documents concerning the preparation, drafting, tiling, prosecution, correction,
reissue, or reexamination of United States Patent 5,071,999; United States Patent
Application Ser. No. 07/507,938; 777l-LH; Le A 26 686; Le A 27 192; German Patent
Application 1939125092; or German Patent Application P39329038.
587695/721974

Case 1:04-cv-00179-SLR

Document 107-2

Filed 03/03/2006

Page 1 of 3

Case 1:04-cv-00179-SLR

Document 107-2

Filed 03/03/2006

Page 2 of 3

Case 1:04-cv-00179-SLR

Document 107-2

Filed 03/03/2006

Page 3 of 3