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

Case 1 :04-cv-00940-JJF Document 56 Filed 10/14/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE {
THE PROCTER & GAMBLE COMPANY,
Plaintiff,
Civil Action No. 04-940 (JJF)
V.
TEVA PHARMACEUTICALS U.S.A., INC.,
Defendant.
NOTICE OF RULE 30 (b)(6) DEPOSITION
OF PROCTER & GAMBLE COMPANY
TO: Frederick L. Cottrell, III Esq.
RICHARDS LAYTON & FINGER
One Rodney Square
Wilmington, DE 19801
David B. Bassett, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
60 State Street
Boston, MA 02109
PLEASE TAKE NOTICE that on November 2, 2005, at 9:00 am at the
offices of Kenyon & Kenyon, One Broadway, New York, New York 10004, or at such
other time and place as counsel may agree, in accordance with Fed. R. Civ. P. 30(b)(6)
defendant Teva Pharmaceuticals USA, Inc. will take the deposition upon oral
examination of plaintiff Proctor and Gamble Company by a person or persons designated
by plaintiff to testify as to each of the following topics:

Case 1:04-cv-00940-JJF Document 56 Filed 10/14/2005 Page 2 of 4
1. All facts, circumstances, and communications concerning the alleged W
commercial success of the inventions claimed in U.S. Patent No. 5,583,122.
2. The planning and implementation of such plans for the sales, marketing (
and promotion of any product containing risedronate by or on behalf of the Procter &
Gamble Company in the United States from one year prior to launch until the present.
3. Sales of any product manufactured by or on behalf of the Procter &
Gamble Company containing risedronate in the United States.
4. Sales of any product containing risedronate manufactured by or on behalf
of the Procter & Gamble Company outside the United States.
5. Advertising related to the sales, marketing, or promotion of any product
containing risedronate by the Procter & Gamble Company, including budgeting and
expenditures related to any advertising.
6. The costs and expenses related to the manufacture of risedronate.
7. The profits experienced by the Procter & Gamble Company related to the
sales of any product containing risedronate by or on behalf of the Procter & Gamble
Company.
8. The determination of the sales price for any product containing risedronate
sold in the United States by or on behalf of the Procter & Gamble Company, including
but not limited to all studies or analyses of the market for bisphosphonates, the market
potential for bisphosphonates, pricing options, and pricing strategies.
9. Any marketing studies or evaluations comparing any risedronate product
sold by or on behalf of the Procter & Gamble product with any other product for the
treatment of diseases associated with abnormal calcium or phosphate metabolism,
including but not limited to products containing alendronate or other bisphosphonates.
10. Any comparisons, tests, studies or data (including but not limited to any
thyroparathyroidectomized (TPTX) or Schenk models or tests) regarding the efficacy in
treatment of diseases associated with abnormal calcium or phosphate metabolism, the
toxicity, or the activity of risedronate as compared to any other diphosponate, including
but not limited to 2-(2—pyridyl)-1—hydroxy—ethane-1,1-diphosphonic acid, alendronate,
ethane-2—phenyl— l -hydroxy—l ,1 ,diphosphonic acid, hydroxy (p-chlorophenyl)
methylenediphosphonic acid, or their salts or esters.
1 1. The prosecution of U.S. Serial No. 06/684,543, and U.S. Serial No.
08/484,726 and the patent applications leading to U.S. Patent No. 5,583,122 and
4,761,406, including, but not limited to, the decision to file said patent applications, the
decision to file any continuations, continuation-in-parts, or divisionals claiming priority
to said applications, any patent interferences related to said applications, the decisions to

Case 1 :04-cv-00940-JJF Document 56 Filed 10/14/2005 Page 3 of 4
cite or not cite any relevant prior art to the patent office during the prosecution of said I
patent applications, and the decision to cancel any claims which were held during
prosecution to have been allowable, objectable, or otherwise not rejected. 4
The deposition will be taken before a Notary Public (or another officer duly
authorized to administer oaths) and may be videotaped, and will continue from day to day
until completed. You are invited to attend and cross—examine.
YOUNG CONAWAY STARGATT
& TAYLOR, LLP
Josyéé. Ingersoll (#1088)
John W. Shaw (#3362)
Karen E. Keller (#4489)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, Delaware 19899-0391
(302) 571-6672
Attorneys for Defendant Teva
Pharmaceuticals USA, Inc.
OP COUNSEL:
James Galbraith
Maria Luisa Palmese
A. Antony Pfeffer
KENYON & KENYON
One Broadway
New York, New York 10004
(212) 425-7200
DATED: October 14, 2005

Case 1:04-cv-00940-JJF Document 56 Filed 10/14/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Karen E. Keller, hereby certify that on October 14, 2005, 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
Richards, Layton & Finger
One Rodney Square
Wilmington, DE 19801
I further certify that on October 14, 2005, 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 E-MAIL
William F. Lee, Esquire
Wilmer Cutler Pickering I-Iale and Dorr LLP
60 State Street
Boston, MA 02109
Kéen E. Keller (No. 44i 89)
OUNG CONAWAY STARGATT & TAYLOR, LLP
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801 .
Telephone: (302) 571-6600
[email protected]
Attorneys for Teva Pharmaceuticals USA, Inc.
DB0lilS5l09l.l 0589561014