Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01522-GMS Document 99 Filed O3/30/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VENTANA MEDICAL SYSTEMS, INC.,
Plaintiff,
v. Civil Action No. 04·1522—GMS
DAKOCYTOMATION CALIFORNIA INC.,
Defendant.
DECLARATION OF PETER H. CHAN G IN SUPPORT OF PLAJNTIFF VENTAN A
MEDICAL SYSTEMS, INC.’S AN SVVERING BRIEF IN OPPOSITION TO
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I, Peter H. Chang, declare:
1. I am an attorney with the law firm of Wilson Sonsini Goodrich & Rosati, PC,
counsel of record for Plaintiff Ventana Medical Systems, Inc. ("Ventana"), in the I
above-referenced matter. I have personal knowledge ofthe facts stated herein and would
competently testify thereto.
2. Attached hereto as Exhibit l is a true and correct copy of U.S. Patent Number
6,827,901. .
3. Attached hereto as Exhibit 2 is a true and correct copy of pages from the
Deposition of Scott Leon from Ventana Med. Sys., Inc. v. Da/coCyzomation Calgiarnia, [nc., Case
No. 04-1522 (D. Del.), dated January 6, 2006.
C:NrPcrtbl\PAL1'Bl\PC8\2846192__1.DOC `

Case 1:04-cv-O1522—G|\/IS Document 99 Filed O3/30/2006 Page 2 of 3
4. Attached hereto as Exhibit 3 is a true and correct copy of pages from the Expert _
Report of Dr. William L. Manion from Ventana Med. Sys., Inc. v. Dak0Cyt0mati0n CaZg’0rnia,
[nc., Case No. 04-1522 (D. Del.), dated February l, 2006. 3
5. Attached hereto as Exhibit 4 is a true and correct copy of U.S. Patent Number
3,854,703.
6. Attached hereto as Exhibit 5 is a true and correct copy of pages from Defendant’s
First Supplemental Responses to Plaintiffs First Set of interrogatories, served in this case on or
about January 30, 2006. _
7. Attached hereto as Exhibit 6 is a true and correct copy of a Preliminary
Amendment dated May 2, 2002, from Patent Application 10/ 137,169. .
8. Attached hereto as Exhibit 7 is a true and correct copy of A CLARA Bi0Sciences
Inc. v. Calzper Techs. Corp., No. C99-1968 CRB, 2000 VVL 1639507 (N.D. Cal. Oct. 27, 2000).
I declare under penalty of perjury under the laws ofthe United States of America that the
foregoing is true and correct. Executed this 29th day of March 2006, in Palo Alto, California. V
-2-

Case 1:04-cv-O1522—G|\/IS Document 99 Filed O3/30/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I, Richard H. Morse, hereby certify that on March 30, 2006, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of Court
using CM/ECF which will send notification of such filing to the following counsel of record:
James M. Lennon, Esquire
Francis DiGiovamii, Esquire
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 North Orange Street
PO Box 2207
Wilmington, DE 19899-2207
I further certify that on March 30, 2006, 1 caused a copy of the foregoing
document to be served by hand on the above·listed counsel and on the following n0n—registered
participant in the manner indicated:
BY E-MAIL AND FEDERAL EXPRESS
Michael E. Zeliger, Esquire
Kirkpatrick & Lockhart
Nicholson Graham LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
mzeliger@klng .corn
YOUNG, CONAWAY, STARGATT & TAYLOR, LLP
f§ M .2**/ @¤*~»».1
Richard H. Morse (No. 531))
17m Floor, Brandywine Building
1000 West Street
P.O. Box 391
Wilmington, Delaware 19899·0391
(302) 571-5001
[email protected]
Attorney for Plaintiff
DB01:205l540.l 0616361003