Free Motion for Issuance of Letters Rogatory - District Court of Delaware - Delaware

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 1 of 28

EXHIBIT 1

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 2 of 28

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOVO NORDISK A/S, Plaintiff, v. SANOFI-AVENTIS, AVENTIS PHARMACEUTICALS INC., and AVENTIS PHARMA DEUTSCHLAND GMBH, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-645-SLR

LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (EINAR TRONIER HANSEN) I. 1. Sender: United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 United States of America Danish Ministry of Justice Slotsholmsgade 10 1216 Copenhagen K Denmark Tel: 45-3392-3340 Steven J. Balick (DE Bar No. 2114) John G. Day (DE Bar No. 2403) Lauren E. Maguire (DE Bar No. 4261) ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Tel: (302) 654-1888

2.

Central Authority of the Requested State:

3.

Person to whom the executed request is to be returned:

Case 1:05-cv-00645-SLR

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Filed 11/10/2006

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II. 4& 5. In conformity with Article 3 of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the United States District Court for the District of Delaware, J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware 19801 presents its compliments to the Danish Ministry of Justice, Slotsholmsgade 10, 1216 Copenhagen K, Denmark and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this Court in the above-captioned matter. The parties to this action and their respective representatives are: Plaintiff: Novo Nordisk A/S Novo Allé DK-2880 Bagsværd Denmark Representatives of Plaintiff: Frederick L. Cottrell III Anne Shea Gaza RICHARDS, LAYTON & FINGER, P.A. One Rodney Square P.O. Box 551 Wilmington, Delaware 19899 Jeffrey J. Oelke Scott T. Weingaertner WHITE & CASE LLP 1155 Avenue of the Americas New York, NY 10036-2787 Defendants: Sanofi-Aventis 174/180 Avenue de France Paris Cedex 75013 France Aventis Pharmaceuticals Inc. 300 Somerset Corporate Blvd. Bridgewater, NJ 08807-2854 United States of America Aventis Pharma Deutschland GmbH Kommunikation Deutschland

6.

2

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Gebäude F821 Industriepark Höscht 65926 Frankfurt Germany Representatives of Defendants: Steven J. Balick John G. Day Lauren E. Maguire ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Paul H. Berghoff Curt Whitenack Thomas E. Wettermann Eric R. Moran MCDONNELL BOEHNEN HULBERT & BERGHOFF, LLP 300 S. Wacker Drive Chicago, Illinois 60606 7. This is an action brought by Novo Nordisk A/S ("Novo") against Sanofi-Aventis, Aventis Phamaceuticals Inc., and Aventis Pharma Deutschland GmbH ("Aventis") under the patent laws of the United States, Title 35 of the United States Code, seeking monetary damages and an injunction for alleged infringement of United States Patent No. 6,582,408 ("the `408 patent"). Novo is the assignee of the `408 patent. Aventis denies that it has infringed the `408 patent and asserts that the `408 patent is invalid and unenforceable. Mr. Einar Tronier Hansen is a patent attorney and a former employee of Novo who performed a substantial amount of work relating to the patent application that issued as the `408 patent, as well as related patent applications. Mr. Hansen's name also appears on numerous documents produced by Novo in this litigation. Therefore, Mr. Hansen has important information and evidence for submission at trial. 8. This Court requests that the Central Authority forward this request to the appropriate judicial authority to compel the appearance of the below-named individual to give evidence under oath concerning his work relating to the `408 patent. This assistance is necessary in the interests of justice.

3

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III. 9. Identity and address of person to be examined: Mr. Einar Tronier Hansen Tvingsager 24 DK-2650 Hvidovre Denmark Mr. Hansen's work relating to the patent application that issued as the `408 patent and related patent applications, including: the drafting and prosecution of such patent applications; his knowledge of material prior art relevant to such patent applications; Novo's strategy relating to filing such patent applications; the meaning of terminology used in the `408 patent and related patents; the validity and enforceability of the `408 patent. None All evidence shall be given under oath in accordance with Denmark law. For the benefit of all parties, it is respectfully requested by the below signed authority that the date for the deposition of Mr. Hansen be scheduled as close as possible to January 12, 2007. This deposition is not expected to exceed a single eight-hour day. This Court requests that the appropriate authority in Denmark provide to this Court as soon as convenient all information regarding the scheduled date, time and place for the oral deposition of Mr. Hansen, with any other pertinent information, including what authority has been appointed to preside over the deposition. It is requested that, if possible, the deposition be reduced to verbatim written transcript, with all associated costs to be paid by Defendants. If it is not possible to create a verbatim written transcript, it is requested that the standard and usual record of the deposition be reduced to written transcript. 4

10.

Subject matter about which the person is to be examined:

11. 12.

Documents to be produced: Any requirement that the evidence be given under oath or affirmation and any special form to be used: Special methods or procedures to be followed:

13.

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It is requested that permission be granted to have the judicial authorities of Denmark appoint an English/Danish language interpreter to be present at the scheduled deposition and translate testimony at the time it is given and that all testimony reduced to written transcript also be recorded in English. It is requested that any written deposition transcript, with any and all exhibits and documents produced, be marked, attested, properly sealed and returned through appropriate diplomatic channels to the Honorable Sue L. Robinson, c/o Clerk of the United States District Court for the District of Delaware, United States District Court, J. Caleb Boggs Federal Building, 844 N. King Street, Room 6124, Wilmington, Delaware 19801. 14. Request for notification of the time and place of the Request and identity and address of any person to be notified: Request for attendance or participation of judicial personnel of the requesting authority at the execution of the Letter of Request: Please notify all Representatives identified in Paragraph 6 above.

15.

Defendants' attorneys request, under authorization of this Court, permission to attend and participate in the oral deposition of Mr. Hansen. If permission to attend and participate is granted, it is requested that Mr. Steven J. Balick be provided with the date, time and place of the deposition as soon as convenient. None

16.

Specification of privilege or duty to refuse to give evidence under the law of the State of origin: The fees and costs incurred which are reimbursable under the second paragraph of Article 14 or under article 26 of the Convention will be borne by: Date of Request:

17.

McDonnell Boehnen Hulbert & Berghoff, LLP 300 South Wacker Drive Suite 3100 Chicago, Illinois 60606 November 10, 2006

18.

5

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19.

Signature and seal of the requesting Authority:

By the Court:

_________________________________ Honorable Sue L. Robinson, U.S.D.J. c/o Clerk of the United States District Court for the District of Delaware United States District Court J. Caleb Boggs Federal Building 844 N. King Street Room 6124 Wilmington, Delaware 19801

[Seal of Court]

6

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EXHIBIT 2

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 9 of 28

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOVO NORDISK A/S, Plaintiff, v. SANOFI-AVENTIS, AVENTIS PHARMACEUTICALS INC., and AVENTIS PHARMA DEUTSCHLAND GMBH, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-645-SLR

LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (JENS MØLLER JENSEN) I. 1. Sender: United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 United States of America Danish Ministry of Justice Slotsholmsgade 10 1216 Copenhagen K Denmark Tel: 45-3392-3340 Steven J. Balick (DE Bar No. 2114) John G. Day (DE Bar No. 2403) Lauren E. Maguire (DE Bar No. 4261) ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Tel: (302) 654-1888

2.

Central Authority of the Requested State:

3.

Person to whom the executed request is to be returned:

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 10 of 28

II. 4& 5. In conformity with Article 3 of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the United States District Court for the District of Delaware, J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware 19801 presents its compliments to the Danish Ministry of Justice, Slotsholmsgade 10, 1216 Copenhagen K, Denmark and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this Court in the above-captioned matter. The parties to this action and their respective representatives are: Plaintiff: Novo Nordisk A/S Novo Allé DK-2880 Bagsværd Denmark Representatives of Plaintiff: Frederick L. Cottrell III Anne Shea Gaza RICHARDS, LAYTON & FINGER, P.A. One Rodney Square P.O. Box 551 Wilmington, Delaware 19899 Jeffrey J. Oelke Scott T. Weingaertner WHITE & CASE LLP 1155 Avenue of the Americas New York, NY 10036-2787 Defendants: Sanofi-Aventis 174/180 Avenue de France Paris Cedex 75013 France Aventis Pharmaceuticals Inc. 300 Somerset Corporate Blvd. Bridgewater, NJ 08807-2854 United States of America Aventis Pharma Deutschland GmbH Kommunikation Deutschland

6.

2

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 11 of 28

Gebäude F821 Industriepark Höscht 65926 Frankfurt Germany Representatives of Defendants: Steven J. Balick John G. Day Lauren E. Maguire ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Paul H. Berghoff Curt Whitenack Thomas E. Wettermann Eric R. Moran MCDONNELL BOEHNEN HULBERT & BERGHOFF, LLP 300 S. Wacker Drive Chicago, Illinois 60606 7. This is an action brought by Novo Nordisk A/S ("Novo") against Sanofi-Aventis, Aventis Phamaceuticals Inc., and Aventis Pharma Deutschland GmbH ("Aventis") under the patent laws of the United States, Title 35 of the United States Code, seeking monetary damages and an injunction for alleged infringement of United States Patent No. 6,582,408 ("the `408 patent"). Novo is the assignee of the `408 patent. Aventis denies that it has infringed the `408 patent and asserts that the `408 patent is invalid and unenforceable. Mr. Jens Møller Jensen is one of the inventors named on the `408 patent. Mr. Jensen is an industrial designer who made significant contributions to the invention claimed in the `408 patent. Mr. Jensen's name also appears on numerous documents produced by Novo in this litigation. Therefore, Mr. Jensen has important information and evidence for submission at trial. 8. This Court requests that the Central Authority forward this request to the appropriate judicial authority to compel the appearance of the below-named individual to give evidence under oath concerning his work relating to the `408 patent. This assistance is necessary in the interests of justice.

3

Case 1:05-cv-00645-SLR

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Filed 11/10/2006

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III. 9. Identity and address of person to be examined: Mr. Jens Møller Jensen Nyhavn 39 DK-1051 København K Denmark Mr. Jensen's work relating to the invention claimed in the `408 patent and his knowledge of the subject matter described in the `408 patent, including: his specific contribution to the invention claimed in the `408 patent; the conception and reduction to practice of the invention claimed in the `408 patent; the best mode of practicing the invention claimed in the `408 patent; the sufficiency of the disclosure in the `408 patent; his knowledge of material prior art relevant to the `408 patent; the meaning of terminology used in the `408 patent and related patents; the validity and enforceability of the `408 patent. None All evidence shall be given under oath in accordance with Denmark law. For the benefit of all parties, it is respectfully requested by the below signed authority that the date for the deposition of Mr. Jensen be scheduled as close as possible to January 10, 2007. This deposition is not expected to exceed a single eight-hour day. This Court requests that the appropriate authority in Denmark provide to this Court as soon as convenient all information regarding the scheduled date, time and place for the oral deposition of Mr. Jensen, with any other pertinent information, including what authority has been appointed to preside over the deposition. It is requested that, if possible, the deposition be reduced to verbatim written transcript, with 4

10.

Subject matter about which the person is to be examined:

11. 12.

Documents to be produced: Any requirement that the evidence be given under oath or affirmation and any special form to be used: Special methods or procedures to be followed:

13.

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all associated costs to be paid by Defendants. If it is not possible to create a verbatim written transcript, it is requested that the standard and usual record of the deposition be reduced to written transcript. It is requested that permission be granted to have the judicial authorities of Denmark appoint an English/Danish language interpreter to be present at the scheduled deposition and translate testimony at the time it is given and that all testimony reduced to written transcript also be recorded in English. It is requested that any written deposition transcript, with any and all exhibits and documents produced, be marked, attested, properly sealed and returned through appropriate diplomatic channels to the Honorable Sue L. Robinson, c/o Clerk of the United States District Court for the District of Delaware, United States District Court, J. Caleb Boggs Federal Building, 844 N. King Street, Room 6124, Wilmington, Delaware 19801. 14. Request for notification of the time and place of the Request and identity and address of any person to be notified: Request for attendance or participation of judicial personnel of the requesting authority at the execution of the Letter of Request: Please notify all Representatives identified in Paragraph 6 above.

15.

Defendants' attorneys request, under authorization of this Court, permission to attend and participate in the oral deposition of Mr. Jensen. If permission to attend and participate is granted, it is requested that Mr. Steven J. Balick be provided with the date, time and place of the deposition as soon as convenient. None

16.

Specification of privilege or duty to refuse to give evidence under the law of the State of origin: The fees and costs incurred which are reimbursable under the second

17.

McDonnell Boehnen Hulbert & Berghoff, LLP

5

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paragraph of Article 14 or under article 26 of the Convention will be borne by: 18. 19. Date of Request: Signature and seal of the requesting Authority:

300 South Wacker Drive Suite 3100 Chicago, Illinois 60606 November 10, 2006

By the Court:

_________________________________ Honorable Sue L. Robinson, U.S.D.J. c/o Clerk of the United States District Court for the District of Delaware United States District Court J. Caleb Boggs Federal Building 844 N. King Street Room 6124 Wilmington, Delaware 19801

[Seal of Court]

6

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

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EXHIBIT 3

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 16 of 28

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOVO NORDISK A/S, Plaintiff, v. SANOFI-AVENTIS, AVENTIS PHARMACEUTICALS INC., and AVENTIS PHARMA DEUTSCHLAND GMBH, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-645-SLR

LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (PETER MØLLER JENSEN) I. 1. Sender: United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 United States of America Danish Ministry of Justice Slotsholmsgade 10 1216 Copenhagen K Denmark Tel: 45-3392-3340 Steven J. Balick (DE Bar No. 2114) John G. Day (DE Bar No. 2403) Lauren E. Maguire (DE Bar No. 4261) ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Tel: (302) 654-1888

2.

Central Authority of the Requested State:

3.

Person to whom the executed request is to be returned:

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 17 of 28

II. 4& 5. In conformity with Article 3 of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the United States District Court for the District of Delaware, J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware 19801 presents its compliments to the Danish Ministry of Justice, Slotsholmsgade 10, 1216 Copenhagen K, Denmark and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this Court in the above-captioned matter. The parties to this action and their respective representatives are: Plaintiff: Novo Nordisk A/S Novo Allé DK-2880 Bagsværd Denmark Representatives of Plaintiff: Frederick L. Cottrell III Anne Shea Gaza RICHARDS, LAYTON & FINGER, P.A. One Rodney Square P.O. Box 551 Wilmington, Delaware 19899 Jeffrey J. Oelke Scott T. Weingaertner WHITE & CASE LLP 1155 Avenue of the Americas New York, NY 10036-2787 Defendants: Sanofi-Aventis 174/180 Avenue de France Paris Cedex 75013 France Aventis Pharmaceuticals Inc. 300 Somerset Corporate Blvd. Bridgewater, NJ 08807-2854 United States of America Aventis Pharma Deutschland GmbH Kommunikation Deutschland

6.

2

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Filed 11/10/2006

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Gebäude F821 Industriepark Höscht 65926 Frankfurt Germany Representatives of Defendants: Steven J. Balick John G. Day Lauren E. Maguire ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Paul H. Berghoff Curt Whitenack Thomas E. Wettermann Eric R. Moran MCDONNELL BOEHNEN HULBERT & BERGHOFF, LLP 300 S. Wacker Drive Chicago, Illinois 60606 7. This is an action brought by Novo Nordisk A/S ("Novo") against Sanofi-Aventis, Aventis Phamaceuticals Inc., and Aventis Pharma Deutschland GmbH ("Aventis") under the patent laws of the United States, Title 35 of the United States Code, seeking monetary damages and an injunction for alleged infringement of United States Patent No. 6,582,408 ("the `408 patent"). Novo is the assignee of the `408 patent. Aventis denies that it has infringed the `408 patent and asserts that the `408 patent is invalid and unenforceable. Mr. Peter Møller Jensen is one of the inventors named on the `408 patent. Mr. Jensen is an industrial designer who made significant contributions to the invention claimed in the `408 patent. Mr. Jensen's name also appears on numerous documents produced by Novo in this litigation. Therefore, Mr. Jensen has important information and evidence for submission at trial. 8. This Court requests that the Central Authority forward this request to the appropriate judicial authority to compel the appearance of the below-named individual to give evidence under oath concerning his work relating to the `408 patent. This assistance is necessary in the interests of justice.

3

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 19 of 28

III. 9. Identity and address of person to be examined: Mr. Peter Møller Jensen Nyhavn 39 DK-1051 København K Denmark Mr. Jensen's work relating to the invention claimed in the `408 patent and his knowledge of the subject matter described in the `408 patent, including: his specific contribution to the invention claimed in the `408 patent; the conception and reduction to practice of the invention claimed in the `408 patent; the best mode of practicing the invention claimed in the `408 patent; the sufficiency of the disclosure in the `408 patent; his knowledge of material prior art relevant to the `408 patent; the meaning of terminology used in the `408 patent and related patents; the validity and enforceability of the `408 patent. None All evidence shall be given under oath in accordance with Denmark law. For the benefit of all parties, it is respectfully requested by the below signed authority that the date for the deposition of Mr. Jensen be scheduled as close as possible to January 10, 2007. This deposition is not expected to exceed a single eight-hour day. This Court requests that the appropriate authority in Denmark provide to this Court as soon as convenient all information regarding the scheduled date, time and place for the oral deposition of Mr. Jensen, with any other pertinent information, including what authority has been appointed to preside over the deposition. It is requested that, if possible, the deposition be reduced to verbatim written transcript, with 4

10.

Subject matter about which the person is to be examined:

11. 12.

Documents to be produced: Any requirement that the evidence be given under oath or affirmation and any special form to be used: Special methods or procedures to be followed:

13.

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Filed 11/10/2006

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all associated costs to be paid by Defendants. If it is not possible to create a verbatim written transcript, it is requested that the standard and usual record of the deposition be reduced to written transcript. It is requested that permission be granted to have the judicial authorities of Denmark appoint an English/Danish language interpreter to be present at the scheduled deposition and translate testimony at the time it is given and that all testimony reduced to written transcript also be recorded in English. It is requested that any written deposition transcript, with any and all exhibits and documents produced, be marked, attested, properly sealed and returned through appropriate diplomatic channels to the Honorable Sue L. Robinson, c/o Clerk of the United States District Court for the District of Delaware, United States District Court, J. Caleb Boggs Federal Building, 844 N. King Street, Room 6124, Wilmington, Delaware 19801. 14. Request for notification of the time and place of the Request and identity and address of any person to be notified: Request for attendance or participation of judicial personnel of the requesting authority at the execution of the Letter of Request: Please notify all Representatives identified in Paragraph 6 above.

15.

Defendants' attorneys request, under authorization of this Court, permission to attend and participate in the oral deposition of Mr. Jensen. If permission to attend and participate is granted, it is requested that Mr. Steven J. Balick be provided with the date, time and place of the deposition as soon as convenient. None

16.

Specification of privilege or duty to refuse to give evidence under the law of the State of origin: The fees and costs incurred which are reimbursable under the second

17.

McDonnell Boehnen Hulbert & Berghoff, LLP

5

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

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paragraph of Article 14 or under article 26 of the Convention will be borne by: 18. 19. Date of Request: Signature and seal of the requesting Authority:

300 South Wacker Drive Suite 3100 Chicago, Illinois 60606 November 10, 2006

By the Court:

_________________________________ Honorable Sue L. Robinson, U.S.D.J. c/o Clerk of the United States District Court for the District of Delaware United States District Court J. Caleb Boggs Federal Building 844 N. King Street Room 6124 Wilmington, Delaware 19801

[Seal of Court]

6

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EXHIBIT 4

Case 1:05-cv-00645-SLR

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Filed 11/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NOVO NORDISK A/S, Plaintiff, v. SANOFI-AVENTIS, AVENTIS PHARMACEUTICALS INC., and AVENTIS PHARMA DEUTSCHLAND GMBH, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-645-SLR

LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (BENNY MUNK) I. 1. Sender: United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 United States of America Danish Ministry of Justice Slotsholmsgade 10 1216 Copenhagen K Denmark Tel: 45-3392-3340 Steven J. Balick (DE Bar No. 2114) John G. Day (DE Bar No. 2403) Lauren E. Maguire (DE Bar No. 4261) ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Tel: (302) 654-1888

2.

Central Authority of the Requested State:

3.

Person to whom the executed request is to be returned:

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

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II. 4& 5. In conformity with Article 3 of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the United States District Court for the District of Delaware, J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware 19801 presents its compliments to the Danish Ministry of Justice, Slotsholmsgade 10, 1216 Copenhagen K, Denmark and requests international judicial assistance to obtain evidence to be used in a civil proceeding before this Court in the above-captioned matter. The parties to this action and their respective representatives are: Plaintiff: Novo Nordisk A/S Novo Allé DK-2880 Bagsværd Denmark Representatives of Plaintiff: Frederick L. Cottrell III Anne Shea Gaza RICHARDS, LAYTON & FINGER, P.A. One Rodney Square P.O. Box 551 Wilmington, Delaware 19899 Jeffrey J. Oelke Scott T. Weingaertner WHITE & CASE LLP 1155 Avenue of the Americas New York, NY 10036-2787 Defendants: Sanofi-Aventis 174/180 Avenue de France Paris Cedex 75013 France Aventis Pharmaceuticals Inc. 300 Somerset Corporate Blvd. Bridgewater, NJ 08807-2854 United States of America Aventis Pharma Deutschland GmbH Kommunikation Deutschland

6.

2

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Gebäude F821 Industriepark Höscht 65926 Frankfurt Germany Representatives of Defendants: Steven J. Balick John G. Day Lauren E. Maguire ASHBY & GEDDES, P.A. 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, Delaware 19899 Paul H. Berghoff Curt Whitenack Thomas E. Wettermann Eric R. Moran MCDONNELL BOEHNEN HULBERT & BERGHOFF, LLP 300 S. Wacker Drive Chicago, Illinois 60606 7. This is an action brought by Novo Nordisk A/S ("Novo") against Sanofi-Aventis, Aventis Phamaceuticals Inc., and Aventis Pharma Deutschland GmbH ("Aventis") under the patent laws of the United States, Title 35 of the United States Code, seeking monetary damages and an injunction for alleged infringement of United States Patent No. 6,582,408 ("the `408 patent"). Novo is the assignee of the `408 patent. Aventis denies that it has infringed the `408 patent and asserts that the `408 patent is invalid and unenforceable. Mr. Benny Munk is one of the inventors named on the `408 patent and a former employee of Novo. Mr. Munk is a mechanical engineer who made significant contributions to the invention claimed in the `408 patent. Mr. Munk's name also appears on numerous documents produced by Novo in this litigation. Therefore, Mr. Munk has important information and evidence for submission at trial. 8. This Court requests that the Central Authority forward this request to the appropriate judicial authority to compel the appearance of the below-named individual to give evidence under oath concerning his work relating to the `408 patent. This assistance is necessary in the interests of justice.

3

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III. 9. Identity and address of person to be examined: Mr. Benny Munk Bjaeverskov Alle 52 DK-2650 Hvidovre Denmark Mr. Munk's work relating to the invention claimed in the `408 patent and his knowledge of the subject matter described in the `408 patent, including: his specific contribution to the invention claimed in the `408 patent; the conception and reduction to practice of the invention claimed in the `408 patent; the best mode of practicing the invention claimed in the `408 patent; the sufficiency of the disclosure in the `408 patent; his knowledge of material prior art relevant to the `408 patent; the meaning of terminology used in the `408 patent and related patents; the validity and enforceability of the `408 patent. None All evidence shall be given under oath in accordance with Denmark law. For the benefit of all parties, it is respectfully requested by the below signed authority that the date for the deposition of Mr. Munk be scheduled as close as possible to January 9, 2007. This deposition is not expected to exceed a single eight-hour day. This Court requests that the appropriate authority in Denmark provide to this Court as soon as convenient all information regarding the scheduled date, time and place for the oral deposition of Mr. Munk, with any other pertinent information, including what authority has been appointed to preside over the deposition. It is requested that, if possible, the deposition be reduced to verbatim written transcript, with all associated costs to be paid by Defendants. 4

10.

Subject matter about which the person is to be examined:

11. 12.

Documents to be produced: Any requirement that the evidence be given under oath or affirmation and any special form to be used: Special methods or procedures to be followed:

13.

Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

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If it is not possible to create a verbatim written transcript, it is requested that the standard and usual record of the deposition be reduced to written transcript. It is requested that permission be granted to have the judicial authorities of Denmark appoint an English/Danish language interpreter to be present at the scheduled deposition and translate testimony at the time it is given and that all testimony reduced to written transcript also be recorded in English. It is requested that any written deposition transcript, with any and all exhibits and documents produced, be marked, attested, properly sealed and returned through appropriate diplomatic channels to the Honorable Sue L. Robinson, c/o Clerk of the United States District Court for the District of Delaware, United States District Court, J. Caleb Boggs Federal Building, 844 N. King Street, Room 6124, Wilmington, Delaware 19801. 14. Request for notification of the time and place of the Request and identity and address of any person to be notified: Request for attendance or participation of judicial personnel of the requesting authority at the execution of the Letter of Request: Please notify all Representatives identified in Paragraph 6 above.

15.

Defendants' attorneys request, under authorization of this Court, permission to attend and participate in the oral deposition of Mr. Munk. If permission to attend and participate is granted, it is requested that Mr. Steven J. Balick be provided with the date, time and place of the deposition as soon as convenient. None

16.

Specification of privilege or duty to refuse to give evidence under the law of the State of origin: The fees and costs incurred which are reimbursable under the second paragraph of Article 14 or under

17.

McDonnell Boehnen Hulbert & Berghoff, LLP 300 South Wacker Drive

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Case 1:05-cv-00645-SLR

Document 107-3

Filed 11/10/2006

Page 28 of 28

article 26 of the Convention will be borne by: 18. 19. Date of Request: Signature and seal of the requesting Authority:

Suite 3100 Chicago, Illinois 60606 November 10, 2006

By the Court:

_________________________________ Honorable Sue L. Robinson, U.S.D.J. c/o Clerk of the United States District Court for the District of Delaware United States District Court J. Caleb Boggs Federal Building 844 N. King Street Room 6124 Wilmington, Delaware 19801

[Seal of Court]

6