Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00179-SLR

Document 122

Filed 08/25/2006

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Richard L. Horwitz
1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 302 984-6000 www.potteranderson.com Partner Attorney at Law [email protected] 302 984-6027 Direct Phone 302 658-1192 Fax

August 25, 2006 BY E-FILE AND HAND DELIVERY The Honorable Sue L. Robinson Chief Judge United States District Court for the District of Delaware U.S. Courthouse 844 N. King Street Wilmington, DE 19801 Re: Bayer AG, et al. v. Dr. Reddy's Laboratories, Ltd., et al. C. A. No. 04-0179-SLR

Dear Chief Judge Robinson: Pursuant to the Court's instructions, the parties are working to eliminate multiple documents from the Court's consideration if an exhibit admitted into evidence is part of a larger exhibit that was also admitted into evidence. In such circumstances, Reddy proposes to annotate the transcript to show where the small exhibit can be found in the larger exhibit, since we are attempting to remove the smaller exhibits from the record. For example, Defendants' Exhibit 291 is part of Plaintiffs' Exhibit 011. Both were admitted into evidence. Reddy proposes annotating the transcript to include a bracketed cross reference to where Defendants' Exhibit 291 can be found inside of Plaintiffs' Exhibit 011. An example of such a proposed annotation, to page 935 of the rough transcript, would be as follows: Line 10 Q. Could you please look at Page 175 of Defendants'

Line 11 Exhibit 291 [PTX 011, at pp. DRLMOX 036290-036485]? The Court indicated at trial that the transcript should not be changed. The Reddy Defendants believe that such annotations would not change the transcript, but instead would

Case 1:04-cv-00179-SLR The Honorable Sue L. Robinson August 25, 2006 Page 2

Document 122

Filed 08/25/2006

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create a useful cross reference that would clarify the record in one document. Reddy believes that only about 20 such anno tations would be needed, and we have been advised that the Bayer Plaintiffs do not object to this procedure. Attached is a list of such annotations. Alternatively, as Bayer prefers, we could create a stipulation that would cross reference exhibit and page numbers. The disadvantage of that method is that the parties and the Court would have to review the transcript and the stipulation whenever considering the language in a post-trial brief, to ensure that the correct references were being reviewed. With the Court's indulgence, we will await Your Honor's direction as to how the Court wishes the parties to proceed, but we wanted to advise the Court as to the method that Reddy thought would be most efficient and user friendly to implement.

Respectfully, /s/ Richard L. Horwitz Richard L. Horwitz
/747556

cc:

Clerk of the Court Len Dibbs, Official Court Reporter Frederick L. Cottrell, III, Esquire Bruce R. Genderson, Esquire Louis H. Weinstein, Esquire

Case 1:04-cv-00179-SLR

Document 122

Filed 08/25/2006

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Annotations to Rough Transcript (Add Brackets and Language in Brackets)

Page/Line 142:16 143:18 149:14 149:20 150:2 150:9 160:13 399:12 after "46" add after "Exhibit 46" add after "Exhibit 46" add after "Exhibit 46" add after "Exhibit 46" add after "Exhibit 46" add after "Exhibit 46" add after "Exhibit 46" add [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844] [PTX 002 at BL020-000714 to 000844]

155:25

after "041205" add

[PTX 002 at BL020-000527]

155:21 155:22 400:12 400:15 931:25 932:5 933:14 935:2

after "DTX-47" add after "DTX-47" add after "Exhibit 47" add after "Exhibit 47" add after "Exhibit 47" add after "Exhibit 47" add after "Exhibit 47" add after "Exhibit 47" add

[PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528] [PTX 002 at BL020-000338 to 000528]

935:8 935:11

after "291" add after "291" add

[PTX 011 at DRLMOX 036290 to 036485] [PTX 011 at DRLMOX 036290 to 036485]