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

Case 1:04-cv-00833-KAJ

Document 208

Filed 03/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE _______________________________________ ) ) ) ) Plaintiff, ) ) v. ) ) SICOR INC. and SICOR ) PHARMACEUTICALS, INC., ) Defendants. ) ______________________________________ ) PHARMACIA & UPJOHN COMPANY LLC,

C.A. No. 04-833-KAJ

RULE 30(b)(6) NOTICE OF DEPOSTION REGARDING DEFENDANTS' AMENDED COUNTERCLAIMS To: Steven J. Balick John G. Day ASHBY & GEDDES 222 Delaware Avenue Wilmington, DE 19801 Jordan A. Sigale SONNENSCHEIN NATH & ROSENTHAL LLP 7800 Sears Tower 233 S. Wacker Drive Chicago, IL 60606 PLEASE TAKE NOTICE that pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Plaintiff Pharmacia & Upjohn Company LLC ("Pharmacia") shall take the deposition of Defendants Sicor Inc. and SICOR Pharmaceuticals, Inc. (collectively, "Sicor") through the individuals Sicor designates to testify on its behalf with respect to the subjects set forth in Exhibit 1. The deposition will commence at 9:00 a.m. on March 27, 2006 at the offices of Morris Nichols Arsht & Tunnell LLP, 1201 N. Market Street, Wilmington, Delaware, or at such other time and place as the parties may agree.

Case 1:04-cv-00833-KAJ

Document 208

Filed 03/17/2006

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The testimony obtained pursuant to this Notice of Deposition shall be used for any and all appropriate purposes under the Federal Rules of Civil Procedure. The deposition will be

recorded by stenographic and/or videographic means and will take place before a Notary Public or other officer duly authorized to administer oaths. You are invited to attend and cross-examine.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ James W. Parrett, Jr. __________________________________________ Jack B. Blumenfeld (#1014) Maryellen Noreika (#3208) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 Attorneys for Plaintiff Pharmacia & Upjohn Company, LLC OF COUNSEL: Daniel A. Boehnen Joshua R. Rich McDONNELL BOEHNEN HULBERT & BERGHOFF LLP 300 S. Wacker Drive Chicago, IL 60606 (312) 913-0001 March 17, 2006
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Case 1:04-cv-00833-KAJ

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EXHIBIT 1 All definitions of terms set forth in Plaintiff's prior interrogatories and document requests are incorporated herein by reference as though set forth here in full. The subjects of inquiry for the deposition shall include: 1. The allegations of inequitable conduct that were added to the pleadings by virtue

of Sicor's Second Amended Answer To First Amended Complaint, Counterclaim And Demand For Jury Trial. 2. Any and all alleged facts underlying the allegations of inequitable conduct that

were added to the pleadings by virtue of Sicor's Second Amended Answer To First Amended Complaint, Counterclaim And Demand For Jury Trial. 3. Any and all documents allegedly supporting the allegations of inequitable conduct

that were added to the pleadings by virtue of Sicor's Second Amended Answer To First Amended Complaint, Counterclaim And Demand For Jury Trial, including but not limited to any and all purported contents of such documents. 4. Any and all persons allegedly involved in the allegations of inequitable conduct

that were added to the pleadings by virtue of Sicor's Second Amended Answer To First Amended Complaint, Counterclaim And Demand For Jury Trial, including but not limited to any and all purported activities of such persons. 5. The location and nature of documents that may contain any information relating

to topics 1-4 set forth above, including any information that is maintained in electronic form.

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Case 1:04-cv-00833-KAJ

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CERTIFICATE OF SERVICE I hereby certify that on March 17, 2006, I electronically filed the foregoing document with the Clerk of Court using CM/ECF, which will send notification of such filing to the following: Steven J. Balick, Esquire John G. Day, Esquire ASHBY & GEDDES I also certify that copies were caused to be served on March 17, 2006, upon the following in the manner indicated: BY HAND Steven J. Balick, Esquire John G. Day, Esquire Ashby & Geddes 222 Delaware Avenue Wilmington, DE 19801 BY FACSIMILE Jordan A. Sigale, Esquire SONNENSCHEIN NATH & ROSENTHAL LLP 7800 Sears Tower 233 S. Wacker Drive Chicago, IL 60606

/s/ James W. Parrett, Jr. James W. Parrett, Jr. (#4292) [email protected]
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