MORRIS, NICHOLS, ARSHT gt TUNNELL LLP
1201 N0RT1-1 MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-134:7
302 658 9200
302 658 3989 FAX
MARYELLEN NoREn
302 425 3011 FAX
[email protected]
November 16, 2006
BY ELECTRONIC FILING
The Honorable Kent A. Jordan
United States District Court
844 King Street
Wilmington, DE 19801
Re: Pharmacia & Upjohn Company, LLC v. Sicor, Inc. and
Sicor Pharmaceuticals, Inc., C.A. No. 04-833 {KA] [
Dear Judge Jordan:
We write on behalf of Plaintiff Pharmacia & Upjohn Company LLC
("Pharmacia") concerning a dispute between the parties regarding Sicor’s deposition
designations. Specifically, Sicor’s revised deposition designations, as submitted to the
Court on November 3, 2006, contain numerous instances where portions of a deponent’s
answer have been omitted, leaving the responses incomplete. The designations also
include several instances where the question posed to the deponent was omitted or
incomplete. In an attempt to resolve the issue without cotut intervention, Pharmacia sent
a letter to Sicor on November 8, 2006, requesting that Sicor revise its designations to
include complete answers from the witnesses within its designations. See Ex. A. In
response, Sicor decided to withdraw some of its designations where incomplete answers
had been designated, but refused to revise other designations based on its unilateral
determination that the answer was "not responsive." See Ex. B. Thus, Sicor’s
designations remain incomplete; to avoid jury confusion, Pharmacia has been forced to
include the completing portions of the answers and questions in its counter-designations.
The following designations omit the question posed or incompletely designate an
answer, which resulted in Pharmacia counter-designating the question or the remainder of
the answer. Pharmacia requests that the Court assess the time for these counter-
designations to Sicor:
Case 1:04-cv—00833-KAJ Document 334 Filed 11/16/2006 Page 2 of 3
The Honorable Kent A. Jordan
November 16, 2006
Page 2
Defendants ’_ Plaintiffs? e Additional
Deponent _ Revised r Amended †Lines top:
Designation Counter- 4 Assess to-
P l Desi nation Defendants
Confalonicri 23:3 - 23:16 23:17 - 24:2 11
49:5 - 49:22 49:4 1
Williamson 58:15 -62:12 58:7-58:14 n
Fach 64:12 - 64:23 64:7-9 3
230:3-25 231:1-4 3
114:19-116:9 116:10-14 5
181:11-181:25 181:11-181:25, 1
Laivins 182:2
183:17-183:25 183:17-183:25, 2
184:2-3
The following designations also omit the question posed or incompletely
designate an answer, but - because of Sicor’s amendment of its deposition designations
after previously scheduled — Pharmacia has not yet counter—designated the missing
information. Pharmacia requests that the Court either strike the complete designation, or
require that Sicor designate the question posed or the complete answer provided by the
deponent:
Defendants’ Designation Additional
Revised Required to Lines to
Deponent Designation Provide a Assess to
Complete Defendants
Res • onse
31:6-32:13 31:6-32:13, 13
32:18 - 33:5
123:21 — 125:25 123:21 -125:25, 3
Fach 126:4-6
138:24—139:1 138:24-139:1, 11
139:4-5,
139:1 1-19
Larvms 117:8-118:3 117:8-118:12 u
Respectfully,
/s/ Maryellen Noreika (#3208)
Maryellen Noreika
Case 1:04-cv—00833-KAJ Document 334 Filed 11/16/2006 Page 3 of 3
The Honorable Kent A. Jordan
November 16, 2006
Page 3
cc: Dr. Peter T. Dalleo, Clerk (By Hand)
Steven J. Balick, Esquire (By Hand)
Reid L. Ashinoff, Esquire (By Email)
Jordan Sigale, Esquire (By Email)
Daniel A. Boehnen, Esquire (By Email)
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