Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv-O1505—GI\/IS Document 43 Filed O1/05/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THERMO FINNIGAN LLC,
A Plaintiff and
Counterclaim-Defendant,
v. Civil Action No. 04—l 505-GMS
APPLERA CORPORATION, i
Defendant and
Counterclaim—Plaintiff.
NOTICE OF DEPOSITION OF THERMO FINNIGAN LLC
PURSUANT TO FED. R. CIV. P. 30gb)g6)
PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
Procedure, Applera Corporation ("Applera"), through their attorneys, will take deposition upon
oral examination of Thermo Finnigan LLC ("Therm0"), commencing on January 25, 2006,
beginning at 9:00 a.m., and continuing from day to day thereafter until completed, at the at the
law offices of Kenyon & Kenyon, One Broadway, New York, NY 10004, or at such other time
and place as may be mutually agreed upon by the parties. The deposition will be taken before a
notary public or other officer duly authorized to administer oaths and take testimony, and will be
recorded by stenographic means. The deposition may be audiotaped and/or videotaped.
In accordance with Rule 30(b)(6) of the Federal Rules of Civil Procedure, Thermo is
hereby notified of its obligation to designate one or more officers, directors, or managing agents,
or other persons who consent to testify on Thenno’s behalf with respect to the matters set forth

Case 1:04-cv-O1505—G|\/IS Document 43 Filed O1/05/2006 Page 2 of 4
on the attached Schedule A. The person(s) so designated shall be required to testify as to each of
those matters known or reasonably available to Thermo.
The Definitions and Instructions set forth in Applera’s F irsz Set of Requests of
Documeizts Requests Directed to Plai1zt@’UV0s. 1 -1 O4) shall apply to this notice as if fully set
forth herein.
January 5, 2006 .
J osy W. Ingersoll (#1088)
Adam W. Poff (#3990)
YOUNG CONAWAY STARGATT & TAYLOR, LLP
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, DE 19899-0391
(302) 571-6672
Walter E. Hanley, Jr.
James Galbraith
Huiya Wu
KENYON & KENYON
One Broadway
New York, NY 10004
(212) 425-7200
William G. James
Fred T. Grasso
KENYON & KENYON
1500 K Street NW., Suite 700
Washington, D.C. 20036
(202) 220-4200
Attorneys for Defeizdarzi and C0urzter—Plaiiztgfj’
Applercz Corporation
2

Case 1:04-cv-O1505—Gl\/IS Document 43 Filed O1/05/2006 Page 3 of 4
SCHEDULE A
MATTERS ON WHICH EXAMINATION IS REQUESTED
l. The business/corporate relationships (past and present) between or among
Plaintiff and (a) Thermo Separation Products, (b) Spectra·Physics, Inc., (c) Spectra-Physics
Analytical, or (d) Spectra-Physics GmbH. ·
2. The acquisition, custody, and maintainance of documents relating to capillary
electrophoresis or capillary electrophoresis instruments prepared for or by each of the following
companies: (a) Thermo Separation Products, (b) Thermo Electron Corporation, (c) Spectra-
Physics, Inc., (d) Spectra-Physics Analytical, or (e) Spectra—Physics GmbH, including but not
limited to laboratory notebooks, research- and development—related documents, and sales- and
marketing—related documents.
3. The identity of three Thermo employees or former employees most
knowledgeable about the subject matter of the foregoing categories.
4. The nature, existence, and location of documents (including electronic
documents) relating to the subject matter of the foregoing categories.
5. The Bates number of documents sufficient to corroborate the testimony on Topic
Nos. I-2.

Case 1:04-cv-O1505—Gl\/IS Document 43 Filed O1/05/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, Adam W. Poff, Esquire, hereby certify that on January 5, 2006, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
using CM/ECF, which will send notification that such filing is available for viewing and
downloading to the following counsel of record:
Frederick L. Cottrell, III, Esquire
Steve Fineman, Esquire Q
RICHARDS, LAYTON & FINGER
One Rodney Square
Wilmington, Delaware 19801
I further certify that on January 5, 2006, I caused a copy of the foregoing document to be
served by hand delivery on the above-listed counsel of record and on the following non-
registered participants in the manner indicated:
BY FEDERAL EXPRESS
Wayne L. Stoner, Esquire
Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
Boston, MA 02109
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Josy W. (No. 1088)
Adam W. Poff (No. 3990)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
(302) 571-6600
[email protected]
Attorneys for Defendant
DB0l:l592468.l