Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00833-KAJ Document 226 Filed 05/10/2006 Page 1 of 2
Asn-IBY 8. GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
302-654-IBBB
222 DELAWARE AVENUE
FACSIMILE
P. O. BOX M50 :-:02-es4-2067
WILMINGTON, DELAWARE ¤9899
May 10, 2006
The Honorable Kent A. Jordan VIA ELECTRONIC FILING
United States District Court
844 King Street
Wilmington, DE 19801
Re: Pharmacia & Upjolm Co., LLC v. Sicor Inc., et al.,
C.A. No. 04-833-KA]
Dear Judge J ordan:
Early this morning, Elisabetta Racca, the Italian Commissioner who has been working
diligently to schedule the depositions of the Italian inventors ofthe patent—in-suit, emailed the
parties with a request that they "[p]lease urgently confirm that I shall schedule the depositions
[of all three inventors] for the first week in J une." (Exhibit A hereto) Pharmacia’s counsel
responded to Ms. Racca that “we cannot confirm the dates during the week of June 5" because
"the current discovery deadline requires all testimony to be taken by May 30." (Id.)
We will not burden the Court by recounting the numerous hoops that Sicor has had to
jump through in attempting to schedule the inventor depositions, or the litany of belatedly
produced documents and extensive assertions of attomey/client privilege that have urmecessarily
complicated the already-arduous Hague Convention route that Sicor has been forced to take.
Suffice it to say that Pharmacia’s attempt to blame Sicor for the difficulties in scheduling the
Italian depositions is an exercise in revisionist history, and its refusal to voluntarily agree to
deposition dates that fall within ten days of the current discovery cut-off is disappointing-
particularly in view of Your Honor’s previous admonition that the Court is "not going to have
the schedule that we were working on end up being the basis of short-changing anybody in the
case ... on the opportunity to have genuinely substantive proper discovery, particularly when it’s
discovery that had to be acquired through the most arduous means possible, that is, Hague
Convention requests to foreign countries who, in good faith and at no doubt substantial
inconvenience to themselves, have tried to respond and help us out" @.1. 169; November 8,
2005 transcript at 23).
Accordingly, Sicor respectfully requests that the Court order Pharmacia to immediately
confirm to Ms. Racca that its counsel is available for the inventor depositions on June 7th through
9th as she has arranged, and to go forward with the depositions on such dates.
Respectfully,
i /s/ John G. Day
John G. Day (I.D. #2403)

Case 1:04-cv—00833-KAJ Document 226 Filed 05/10/2006 Page 2 of 2
The Honorable Kent A. Jordan
May l0, 2006
Page 2
J GD: nml
Attachment
169321.1
cc: Clerk ofthe Court (via electronic filing; w/attachment)
Maryellen Noreika (by hand; w/ attachment)
Reid L. Ashinoff (via electronic mail; vv/attachment)
Daniel A. Boehnen (via electronic mail; w/attachment)

Case 1:04-cv-00833-KAJ

Document 226

Filed 05/10/2006

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Case 1:04-cv-00833-KAJ

Document 226

Filed 05/10/2006

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