Free Letter - District Court of Delaware - Delaware

Case 1:06-cv—OOO28-SLR-LPS Document 220 Filed O1/24/2008 Paget of 2
BLANK ~ ROMELLP
counsetorzs AT tAw
Phone: (302) 425-6467
Fax: (302) 428-5]08
Email: Dube@Blan/rR0me.c0m
January 24, 2008
VIA CMF AND HAND DELIVERY
The Honorable Mary Pat Thynge
United States Magistrate Judge
U.S. District Court for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: McKesson Automation, Inc. v. Swisslog Italia S. p.A. et al.;
C.A. No. 06-028-MPT
Your Honor:
We write to seek the Court’s assistance in the depositions Swisslog’s Italian counsel,
Messrs. Provvisionato and Balsamo. These individuals authored certain opinions being relied
upon by Swisslog as a defense to willful infringement. During the November 29, 2007 hearing,
the Court ruled that McKesson was entitled to depose these gentleman. D.I. 213, p.37.
McKesson has been unable to secure the voluntary appearance of these witnesses. McKesson is
currently working with its Italian counsel and the Italian Court in an effort to compel these
gentlemen to appear for deposition.
To that end, McKesson requests that the Court appoint Blair Jacobs as a Commissioner
for the depositions of Messrs. Balsamo and Provvisionato pursuant to Rule 28 of the Federal
Rules of Civil Procedure and Article 17 of the Convention on the Taking of Evidence in Civil
Matters, opened for signature March 18, 1970, 23 U.S.T. 2555, T.I.A.S. No. 7444, 847 U.N.T.S.
231, reprinted at 28 U.S.C. § 1781 ("Hague Evidence Convention"). A proposed Order is
attached.
Respectfully,
.. - t ’
Dale R. Dube
No. 2863
DRD:pb
Enclosure
cc: Clerk of Court (by CM/ECP)
Julia Heaney, Esquire (by CM/ECF and hand delivery)
Chase Manhattan Centre 1201 Market Street Suite 800 Wilmington, DE 19801
www.B|anl Delaware • Florida • Newiersey • New York • Ohio • Pennsylvania • Washington, DC • I-long Kong

Case 1:06-cv—OOO28-SLR-LPS Document 220 Filed O1/24/2008 Page 2 of 2
BLANl<— ROMELLP
COUNSELORS AT LAW
The Honorable Mary Pat Thynge
January 24, 2008
Page 2
Lawrence C. Drucker, Esquire (by email and First Class Mail)
Alfred R. Fabricant, Esquire (by email and First Class Mail)
Richard LaCava, Esquire (by email and First Class Mail)
Bryan N. DeMatteo, Esquire (by email and First Class Mail)
Robert A. Gutkin, Esquire
Blair M. Jacobs, Esquire
Christina A. Ondrick, Esquire
Christopher L. May, Esquire
Katherine R. Lahnstein-Bertocci, Esquire

Case 1:O6—cv—OOO28-SLR-LPS Document 220-2 Filed O1/24/2008 Paget of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
MCKESSON AUTOMATION, INC. )
a Delaware Corporation, )
)
Plaintiff, ) Civil Action No. 06-028 (MPT)
)
v. )
)
TRANSLOGIC CORPORATION )
a Delaware Corporation, and )
)
SWISSLOG ITALIA S.P.A. )
an Italian Corporation, )
)
Defendants. )

|PROPOSED| ORDER
On the motion of Plaintiff McKesson Automation, Inc. for issuance of a Commission
pursuant to Fed. R. Civ. P. 28(b), Articles I6 and 17 of the Convention on the Taking of
Evidence in Civil Matters, opened for signature March 18, 1970, 23 U.S.T. 2555, T.I.A.S. No.
7444, 847 U.N.T.S. 231, reprinted at 28 U.S.C. § 1781 ("Hague Evidence Convention" or
“Convention"), calling for the taking of the testimony of Andrea Balsamo and Paolo
Provvisionato of Provvisionato & Co., Bologna, Italy for the purpose of obtaining material and
relevant testimony regarding the subject matter of this action, IT IS HEREBY ORDERED
THAT:
1. The Clerk of this Court shall issue a Commission to Blair Jacobs, Attorney,
Sutherland Asbill & Brennan LLP, Washington DC, authorizing him to take the testimony of
Andrea Balsamo and Paolo Provvisionato of Provvisionato & Co., Bologna, Italy, on such date
and in such place as described in the Subpoenas served on Messrs. Balsamo and Provvisionato
7793751.2
124402.0060l/40l73l34v.l

Case 1:O6—cv—OOO28-SLR-LPS Document 220-2 Filed O1/24/2008 Page 2 of 2
pursuant to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial
Documents in Civil or Commercial Matters. 20 U.S.T. 361; 658 U.N.T.S. 163, T.l.A.S. No.
6638; 28 U.S.C.A. (Appendix following Fed. R. Civ. P. 4).
2. The Commission shall direct that the testimony of Messrs. Balsamo and
Provvisionato be reduced to writing, signed by Messrs. Balsamo and Provvisionato, and returned
to this Court, together with the Commission, by mail, with all convenient speed.
SO ORDERED, this day of , 2008.
The Honorable Mary Pat Thynge
Magistrate Judge
7793751.2
124402.0060l/40173134v.l