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Case 1 :04-cv—OO833-KAJ Document 225 Filed 05/O9/2006 Page 1 of 2
ASHBY 8. Gaooas
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
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222 DELAWARE Avawua
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May 9, 2006
The Honorable Kent A. Jordan VIA ELECTRONIC FILING
United States District Court
844 King Street
Wilmington, DE 19801
Re: Pharmacia & Upjohn Co., LLC v. Sicor Inc., et al.,
C.A. No. 04-833-KAJ
Dear Judge Jordan:
We write in response to Pharmacia’s May 8, 2006 letter (D.I. 224). Without providing a
tit—for—tat correction of Pharmacia’s self-serving “factual" recitation, or a detailed description of
the telephone calls made during the two-week period of Sicor’s purported delay, Ms. Racca
could not make either herself or the inventors available during the weeks of May 8 or 15, and
could only make one inventor available during the week of May 22. The only week Ms. Racca
stated that she and two of the three available inventors were available was the week of June 5.
Even now, Ms. Racca has not confirmed whether the third inventor, Dr. Bottoni, is available that
week.
Pharmacia’s hyperbolic letter carmot change the fundamental fact that through no fault of
Sicor’s, the Italian depositions could not go forward until ajter the May 30 deadline. We
respectfully submit that under these circumstances Sicor would be significantly prejudiced if the
summary judgment briefing schedule is not extended.
Pharmacia’s attempt to dismiss Sicor’s need to depose Mr. Boehnen and Ms. Miao also
ignores critical facts. Among other things, Pharmacia cannot reasonably dispute that when Mr.
Boelmen and Ms. Miao resubmitted Dr. Confalonieri’s declarations to the USPTO, they
undertook a duty of candor, which we believe was violated when they failed to correct various
omissions and did not inform the USPTO of the false statements set forth in Dr. Conf`alonieri’s
declarations. Given that Dr. Confalonieri is now too ill to be deposed, Sicor’s need to depose
Mr. Boehnen and Ms. Miao with respect to the veracity of Pharmacia’s submissions to the
USPTO has become more, not less, critical.

Case 1:04-cv—OO833-KAJ Document 225 Filed 05/O9/2006 Page 2 of 2
The Honorable Kent A. Jordan
May 9, 2006
Page 2
Respectfully,
/s/ John G. Day
John G. Day (l.D. #2403)
cc: Clerk of the Court (via electronic filing)
Maryellen Noreika (by hand)
Reid L. Ashinoff (via electronic mail)
Daniel A. Boelmen (via electronic mail)

Case 1:04-cv-00833-KAJ

Document 225

Filed 05/09/2006

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Case 1:04-cv-00833-KAJ

Document 225

Filed 05/09/2006

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