Free Motion for Issuance of Letters Rogatory - District Court of Delaware - Delaware

Case 1 :04-cv-00350-KAJ Document 96 Filed 12/O9/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RELIANT Pl~iAR.l\/IACEUTICALS, INC., )
Plaintiff, i
v. i Civil Action No. 04650 (KAJ)
ABBOTT LABORATOREES and i
LABORATOIRES FOURNIER SHA`, )
Defendants i
RELIAN’I"S MOTION TO ISSUE LETTER OF
REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE
(FRANCE) TO SECURE DEPOSITION TESTIMONY OF HENRI NORMAN!)
Plaintiff Reliant Phannaceuticals, Inc. ("Reliant"), by its undersigned counsel,
hereby moves the Court for an Order (attached as Tab l) granting this motion and issuing a
Letter of Request (attached as Tab 2) requesting international judicial assistance in France to take
discovery in this case, pursuant to Rule 28(b), Fed.R. Civ. P, The Court granted a previous
motion for letters ofrequest on October 26, 2005. This motion seeks an additional Letter of
Request for discovery of a person not identitied in the prior motion because the parties had not
yet located him.
Based upon disclosures of Abbott Laboratories and Laboratoires Fournier SA.,
discovery obtained to date, and Reiianfs investigation, Reliant believes that Henri Normand has
information relevant to this litigation. As an example, Henri Norrnand was Fournier’s in-house
counsel for intellectual property during the time the application for the tirst patent-in~suit was
drafted and tiled. Mr., Normand also discussed the alleged invention and whether to patent that
alleged invention with Philippe Reginault (who worked on development ot`Fournier’s

Case 1:04-cv-00350-KAJ Document 96 Filed 12/O9/2005 Page 2 of 4
fenotibrate formulations and submitted a declaration to the U.S. Patent and Trademark Ofiice in
support ofthe application for the ‘88l patent). We believe Mr. Normand may have aiso been
responsible for tiling ofthe original French patent application FR 97 00479 from which the
patents—in—suit claim priority.
Reliant is informed and believes that I-Ienri Normand is a French national residing
in France, and cannot be compelled to provide evidence in the absence of compliance with the
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Reliant
and defendants have met and conl`erred in compliance with D. Del. L.R. 7.1.1. De;t`endants do
not oppose Reliant's motion to issue this letter of request for international judicial assistance.
Defendants, however, have reserved the right to object to the scope of the discovery sought from
Henri Norniand.
Accordingly, Reliant requests that this Court issue the attached Letter of Request,
and that the executed Letter be returned to counsel for Reliant for delivery to the proper
authority.
POTTER ANDERSON & CORROON LLP
OF COUNSEL: M
Adrian M. Pruetz By: ~C " it ’ ’~*#···*“"‘“`
Andrew M. Berdon Philip A. Rovner (#3215)
Edward J .. DeFr‘anco l~lercules Plaza
Eric Huang P. O. Box 951
QUINN, EMANUEL, URQUHART, Wilmington, Delaware 39899
OLIVER & HEDGES, LLP (302) 98445000
335 Madison Avenue, 17th Floor E—mail: [email protected]
New York, New York i00i 7
(21.2) 702-8100 Attorneys for ?1aintift`
Reliant Pharmaceuticals, Inc.
Dated: December 9, 2005
710585
2

Case 1:04-cv-00350-KAJ Document 96 Filed 12/O9/2005 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RELIANT PHARMACEUTICALS, INC-, )
Plaintiff, i
v. i Civil Action No. 04-350 (KAJ)
ABBOTT LABORATORIES and i
LABORATOIRES FOURNIER SA., )
Defendants. i
RULE 7.1.1 CERTIFICATION
Reliant and defendants have niet and conferred in compliance with D. Dei. L..R.
7..i.l. Defendants consent to the filing of Reiiant’s motion. However, such consent does not
constitute agreement on the part ofthe defendants that the factual assertions contained in
Reiiant’s motion or Letters of Request are accurate.
Philip A. Rovner
Email: provner@potte1·andersoncom
Dated: December 9, 2005

Case 1:04-cv-00350-KAJ Document 96 Filed 12/O9/2005 Page 4 of 4
IN THE UNITED STATES DISTMCT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
l do hereby certify that, on December 9, 2005, the within document was tiled with the
Clerk of Court using CM/ECP whicli will send notification of such tiling to the following; that
the document was served on the following counsel as indicated; and that the document is
available for viewing and downloading from CM/ECF.
BY HAND DELIVERY
Mary B. Graham, Esq. Frederick L. Cottrell, Ill, Esq.
Morris, Nichols, Arsht & Tunnell Anne Shea Gaza, Esq.
1201 N. Market Street Richards Layton & Finger
P.O. Box 1347 One Rodney Square
Wilmington, DE 198994 347 Wilmington, DE l9899
I hereby certify that on December 9, 2005, I have sent the document by Federal
Express, to the following non-registered participants:
William F. Cavanaugh, Jr., Esq- Charles D. Ossola, Esq.
Eugene M. Gelernter, Esq. Donald O. Beers, Esq.
Patterson, Belknap, Webb Tyler LLP Leslie Hill, Esq.
ii33 Avenue ofthe Americas Arnold & Porter
New York, NY i0036—67l0 555 Twelith Street, NW
Washington, DC 20004-l202
Timothy C. Bickham, Esq.
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036-1795
Philip A. Rovner l
Potter Anderson & Corroon LLP
Hercules Plaza
P.O. Box 951
Wilmington, DE 19899
(302) 984-6000
E—1nail: QI`0Vl'1€I`@QOU€I`8HdBISOELCOIH

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