Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv—O1300-SLR Document 76-19 Fi|ed..O9/21/2006 Page 1 012.
EXHIBIT K
A212

Case 1 :04-cv-01300-SLR . Document 76-19 Filed 09/21 /2006 Page.2 of.2
Dwight Bostwick .-
From: Stewart, Craig [[email protected]] ·f
Sent: Tuesday, September 19, 2006 10:14 AM
To: Dwight Bostwick .
Cc: Abreu, Veronica
Subject: Ethypharm v. Bentley // Nine supplemental documents
Dear Dwight, I have just read your letter which your secretary sent last evening concerning nine additional documents
which apparently were delivered to your office on Saturday. Putting aside your intemperate — and false - accusations in
the second paragraph of your letter, you're entitled to an explanation as to why these documents were not delivered until
after we received Ethypharm's opposition brief, which l\/lr. Fine e-mailed at approximately 9:00 p.m. on Friday. After a
quick meeting with our team, the bottom line answer is that we made a mistake. The nine documents were part of a
production of both Phase I and Phase ll documents from BeImac's files in Spain, in response to Ethypharm _
supplemental document production request which you served on the eve of the start of our deposition marathon; and they
fell through the cracks. I'm advised that BeImac's patent application and the substance of the three "Ungria" documents,
had been produced to Ethypharm well before June of this year. Nonetheless, five of the documents had not been ;
previously produced. Q
I will send a detailed response to your letter later today or early tomorrow, but I wanted to let you know as soon as
possible that I take the procedural mistake seriously, and to assure you that it was inadvertent. I don't claim to have
reviewed the five "new" documents in detail, but from what I understand them to be, I doubt that they are in any way
material to the issues of agency or BentIey's status as an alleged joint-tortfeasor. Regards, Craig. ¤
Boston, |"t. Lauderdale, Hartford, New York, Providcncc, Short Hills, Stamford, West Palm Beach, Wilmington, London (Representative office)
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9/20/2006