Free Affidavit of Service - District Court of Delaware - Delaware

Case 1:07-cv-00818-GMS-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SCIELE PHARMA, INC. and SCIELE PHARMA CAYMAN LTD., Plaintiffs, v. MYLAN PHARMACEUTICALS, INC. and MYLAN LABORATORIES, INC., Defendants. Civil Action. No. 07-818 GMS JURY TRIAL DEMANDED

AFFIDAVIT OF SERVICE OF PROCESS OF SUSAN M. COLETTI PURSUANT TO 10 DEL. C. § 3104 AND L.R. 4.1(b) STATE OF DELAWARE NEW CASTLE COUNTY ) ) ) SS.

Susan M. Coletti, being duly sworn according to law, deposes and says as follows: 1. 2. I am plaintiffs' counsel of record in this action. Pursuant to 10 Del. C. §3104 and Local Rule 4.1(b), this Affidavit is being

submitted regarding service of process on the Defendant Mylan Laboratories, Inc. 3. The Defendant Mylan Laboratories, Inc. is a non-resident of the State of Delaware

and is presently located at 1500 Corporate Drive, Suite 400, Canonsburg, PA 15137, with a registered agent located at Corporation Service Company, 2704 Commerce Drive, Suite B, Harrisburg, PA, 17110. 4. On December 19, 2007, I caused to be mailed to Defendant Mylan Laboratories,

Inc., by registered mail, return receipt, a notice letter, a copy of which is attached hereto as Exhibit A and made a part hereof, together with copies of the Summons and Complaint as served

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upon the Secretary of State of Delaware. The notice letter and copies of the Summons and Complaint were contained in the same envelope at the time of its mailing on December 19, 2007. 5. Subsequently, I learned that the letter sent via registered mail to Defendant Mylan

Laboratories, Inc. on December 19, 2007 was delivered on December 21, 2007 and was accepted on behalf of Mylan Laboratories, Inc. by an individual whose name appears to be P. Washburn. Documentation evidencing delivery is attached hereto as Exhibit B. I received documentation on either Thursday, December 27, 2007 or Friday, December 28, 2007 from the United States Postal Service. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Wilmington, Delaware this 3rd day of January, 2008. FISH & RICHARDSON P.C.

By:/s/ Susan M. Coletti William J. Marsden, Jr. (#2247) Susan M. Coletti (#4690) 919 N. Market Street, Suite 1100 PO Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Attorneys for Plaintiff
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