Free Notice (Other) - District Court of Delaware - Delaware

Case 1 :04-cv-00939—GI\/IS Document 43 Filed 10/27/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
MERCK & CO., INC., i
Plaintiff, civii Action NO. 04-939 (nr)
v. `
TEVA PHARMACEUTICALS U.S.A.,
INC.,
Defendant.
NOTICE OF RULE 30 (b)(6) DEPOSITION
OF MERCK & CO., INC.
TO: Mary B. Graham, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N. Market Street
Wilmington, DE 19899
John F. Lynch, Esq.
HOWREY, SIMON, ARNOLD & WHITE
750 Bering Drive
Houston, TX 77057
PLEASE TAKE NOTICE that on November 4, 2005, at 9:30 am at the
offices of Kenyon & Kenyon, One Broadway, New York, New York 10004, or at such
other place as counsel may agree, in accordance with Ped. R. Civ. P. 30 (b) (6) defendant
Teva Pharmaceuticals U.S.A., Inc. will take the deposition upon oral examination of
plaintiff Merck & Co., Inc. by a person or persons designated by plaintiff to testify as to
the topics detailed on the attached schedule.

Case 1:04-cv-00939—G|\/IS Document 43 Filed 10/27/2005 Page 2 of 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
Jos W. Ingersoll (#1088)
John W. Shaw (#3362)
Karen E. Keller (#4489)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, Delaware 19899-03 91
(302) 571-6672
Attorneys for Defendant Teva
Pharmaceuticals U.S.A., Inc.
OF COUNSEL:
James Galbraith
Maria Luisa Palmese
A. Antony Pfeffer
KENYON & KENYON
One Broadway
New York, New York 10004
(212) 425-7200
DATED: October 27, 2005

Case 1:04-cv-00939—G|\/IS Document 43 Filed 10/27/2005 Page 3 of 4
SCHEDULE OF TOPICS
l. For each claim of U.S. Patent 5,994,329, 6,432,932, and 6,465,443 which Merck
asserts is infringed by Teva, any unexpected properties ofthe claimed subject matter, and
the identification of any data or other evidence in Merck's possession supporting the
existence of such unexpected properties.
2. For each claim of U.S. Patent 5,994,329, 6,432,932, and 6,465,443 which Merck
asserts is infringed by Teva, any secondary considerations or objective indicia of non-
obviousness, including commercial success, that Merck associates with the claimed
subject matter, and the identification of data or other evidence in Merck's possession
supporting or contrary to the existence of such secondary considerations.

Case 1:04-cv-00939—G|\/IS Document 43 Filed 10/27/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Karen E. Keller, Esquire, hereby certify that on October 27, 2005, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court _A
using CM/ECP, which will send notification that such filing is available for viewing and
downloading to the following counsel of record:
Mary B. Graham Esquire
Morris Nichols Arsht & Tunnell
1201 North Market Street
Wilmington, DE 19801
I further certify that on October 27, 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
John F. Lynch, Esquire
Nicholas G. Barzoukas, Esquire
Gerard M. Devlin, Jr., Esquire
I-Iowrey, Simon, Arnold & White
1111 Louisiana, 25th Floor
Houston, TX 77002-5242
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Karen E. Keller (No. 4489)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
(302) 571-6600
[email protected]
Attorneys for Teva Pharmaceuticals U.S.A., Inc.
DB0l;l593535.1