Free Declaration - District Court of Delaware - Delaware

Case 1 :05-cv—00160-KAJ—I\/IPT Document 158 Filed 08/18/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR. THE DISTRICT OP DELAWARE
NOVOZYMES A/S,
Plaintiff,
v. C.A. No. 05-160—I GENENCOR INTERNATIONAL, INC. and
ENZYME DEVELOPMENT CORPORATION,
Defendants.
DECLARATION OF JANE L. FROYI) IN SUPPORT OF DEFENDANTS’ OPPOSITION
TO PLAINTIFIPS MOTION FOR LEAVE TO MODIFY TI-IE SCHEDULING ORDER
FOR THE PURPOSE OF AMENDING ITS COMPLAINT
MORRIS, NICHOLS, ARSHT & TUNNELL
Donald E. Reid (#1058)
Jason A. Cincilla (#4232)
1201 North Market Street, IST Floor
Wilmington, DE 19899-1347
Telephone: 302.658.92OU
Attorneys for Defendants
OF COUNSEL: Geneneor International, Inc. and
Enzyme Development Corporation
JONES DAY
Kenneth R. Adamo
Thararr Gregory Lanier
Jane L. Proyd
2882 Sand Hill Road, Suite 240
Menlo Park, CA 94025
Thomas E. Friebel
Margaret B. Brivanlou
222 East 41st Street
New Yor1<,NY l0017—6702
August 18, 2006

Case 1 :05-cv—00160-KAJ—l\/IPT Document 158 Filed 08/18/2006 Page 2 of 3
1. 1, Jane L. Froyd, am an associate at the law firm of Jones Day, counsel of
record for Defendants Genencor International, lnc. and Enzyme Development Corporation
("Genencor”), in connection with a lawsuit tiled in federal court by Novozymes A/S ("NZDK")
against Genencor. _
2. Attached hereto as Exhibit A is a true and correct copy of an e—inai1
communication from George E. Hykal, counsel for NZDK, to Greg Lanier and Jane L. Froyd,
counsel for Genencor, dated May 23, 2006.
3. Attached hereto as Exhibit B is a true and correct copy of Novozymes A/S
First Set of lnterrogatories (Nos. 1-9), dated July l, 2005.
4. Attached hereto as Exhibit C is a true and correct copy of Novozymes A! S
First Set of Requests for the Production of Documents and Things (Nos. 1-60) to Genencor
International, Inc. and Enzyme Development Corporation, dated July 1, 2005.
5. Attached hereto as Exhibit D is a true and correct copy of an e—mai1
communication from Jane L. Froyd, counsel for Genencor, to Robert Sullivan and George E.
Hyiral, counsel for NZDK, dated June 7, 2006.
6. Attached hereto as Exhibit E is a true and correct copy of Defendants’
First Request for the Production of Documents and Things to Plaintiff Novozymes A/S, dated
July 1, 2005.
7. Attached hereto as Exhibit F is a true and correct copy of Defendants
Second Request for the Production of Documents and Things to Plaintiff Novozymes A/S, dated
June 7, 2006.
8. Attached hereto as Exhibit G is a true and correct copy of an e—mail
communication from George E. Hykal, counsel for NZDK, to Jane L. Froyd and Greg Lanier,
counsel for Genencor, dated July 18, 2006.
9. Attached hereto as Exhibit H is a true and correct copy of an e—mail
communication from Greg Lanier, counsel for Genencor, to George E. I-Iykal, counsel for
NZDK, dated July 18, 2006.

Case 1 :05-cv—00160-KAJ—l\/IPT Document 158 Filed 08/18/2006 Page 3 of 3
10. Attached hereto as Exhibit I is a true and correct copy of an e—maii
communication from George E. Hyital, counsel for NZDK, to Greg Lanier, counsel for
Genencor, dated July 19, 2006.
E 1. Attached hereto as Exhibit J is a true and correct copy of an e-mail
communication from George E. Hykal, counsei for NZBK, to Greg Lanier, counsel for
Genencor, dated July 20, 2006.
12. Attached hereto as Exhibit K are true and correct copies of relevant pages from
the transcript ofthe deposition of Richard H. Olofson, taken on August 3, 2006.
13. Attached hereto as Exhibit L is a true and correct copy of the document marked as
Exhibit 504 at the deposition of Richard H. Olofson, taken on August 3, 2006.
I declare under penalty of perjury of the taws of the United States that the foregoing is
true and correct, and that this declaration was executed on August 18, 2006, at Menlo Park,
California.

.3-
MPI-3895ivl