Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:04-cv-00179-SLR

Document 108-9

Filed 03/03/2006

Page 1 of 3

EXHIBIT 8 WITNESSES BAYER MAY CALL AT TRIAL Bayer sets forth below the names and addresses of the witnesses whom Bayer intends to call to testify at trial, either in person or by deposition, and a brief statement of the specialties of the expert witnesses whom Bayer intends to call. Witnesses for whom the address provided is "c/o Bayer" may be contacted through litigation counsel for Bayer. If any witness listed as a person who Bayer intends to call to testify in person is unable to testify live at trial for health reasons, Bayer reserves the right to offer deposition testimony from such witness. A. 1. Witnesses Whom Bayer Intends to Call to Testify in Person Uwe Petersen c/o Bayer Thomas Schenke c/o Bayer Peter Bailly c/o Bayer Kurt G. Briscoe Norris McLaughlin & Marcus, P.A. 875 Third Avenue 18th Floor New York, NY 10022 Edward Taylor, Ph.D. Princeton University Frick Chemical Laboratory Washington Road Princeton, NJ 08544 Professor Taylor is an expert in medicinal chemistry and drug discovery. He will be testifying regarding the level of ordinary skill in the art as of July 1988, the non-obviousness of the asserted claims of the '517 patent in light of the references on which Reddy relies, and the non-obviousness of the asserted claims of the '942 patent in light of claim 4 or claim 5 of the

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Case 1:04-cv-00179-SLR

Document 108-9

Filed 03/03/2006

Page 2 of 3

'517 patent. Professor Taylor will also testify concerning the immateriality to the claims of the '517 patent of the references on which Reddy relies in its inequitable conduct allegations. Professor Taylor's opinions are set forth in more detail in his expert reports and deposition testimony, and he reserves the right to testify as to any opinions set forth therein and to respond to assertions made by Reddy's experts. 6. George Zhanel, Ph.D. Department of Medical Microbiology Faculty of Medicine, University of Manitoba MS673 Microbiology, Health Sciences Centre 820 Sherbrook Street Winnipeg, Manitoba, Canada R3A 1R9 Dr. Zhanel is an expert in the microbiology, medical microbiology, and pharmacology of antiinfectives, including quinolones. He will be testifying concerning the level of ordinary skill in the art as of July 1988, and to certain matters within the scope of his expertise regarding the non-obviousness of the asserted claims of the '517 patent, including the interpretation of test results. He will also testify regarding objective indicia of the nonobviousness of the asserted claims of the '517 patent. He will also testify about the unexpected properties of moxifloxacin. Dr. Zhanel's opinions are set forth in more detail in his expert reports and deposition testimony, and he reserves the right to testify as to any opinions set forth therein and to respond to assertions made by Reddy's experts. B. 1. Witnesses Whom Bayer Intends to Call to Testify by Deposition Albert Adrian c/o Bayer Martin Glenschek-Sieberth** c/o Bayer ** If Bayer is for some reason unable to introduce the deposition testimony of Mr. Glenschek-Sieberth, Bayer will call him to testify live.

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Case 1:04-cv-00179-SLR

Document 108-9

Filed 03/03/2006

Page 3 of 3

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William McIntyre Alpharma One New England Avenue Piscataway, NJ 08854 Vijay Soni** Glenmark Pharmaceuticals, Inc., USA One Independence Way, Suite 210 Princeton, NJ 08540 ** If Bayer is for some reason unable to introduce the deposition testimony of Mr. Soni, Bayer will call him to testify live.

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