Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-01278-KAJ

Document 174-6

Filed 09/27/2005 Page 1 of 1 EXHIBIT
July 14, 2005

Robert Taylor Chicago, IL
Page 130

Page 132

Q. Sir, going back to Taylor Exhibit 13, which I think you have right in front of you there .
This is 12 . This one is 13? Yes, sir. Okay . Turn, if you would, to page 8159 . And if you go back to 8 158 for just a second, we're looking at product risks here, and -A. Q. A. Q.

A. Yes . Q. __ there are upside risks and downside risks. One of the downside risks is, quote, patents, paren, likely to be sued by competition, question mark, closed paren .
Was Cryovac that competition that you were referring -- or that was being referred to here? A . You're asking me is Cryovac the competition I'm considering, or the patents? Q . Yes . The -- whether the patents that

are being referred to here were Cryovac patents .
Page 131 1 A . The reference to patents has to do 2 with -- I believe what's trying to be expressed 3 here is the concern that we be careful of any 4 potential infringements of existing patents and 5 that Cryovac's patents would be of the greatest 6 concern because they had the most to lose with our 7 entry into the market . 8 Q . They were your target, weren't they? 9 A. I would -10 MR. CASSLING : Object to the form . 11 THE WITNESS : The choice of the word 12 "target" to me is -- the market, we were targeting 13 a market . 14 BY MR. FARABOW : 15 Q . And they had 96 percent of it, didn't 16 they? 17 A . Cryovac had and has significant share, 18 upwards of ninetysome percent . I do not target 19 competitors . I target markets . 20 Q . But this document at page 8155, it's 21 indicated under the heading "competitors,," the 22 major competitor in the bone-in shrink market is 34 (Pages 130 to 133)

1 Cryovac, which has an estimated market share of 2 93 percent, isn't that true? 3 A . That's what the document says, yes . 4 Q . And Cryovac, you indicated, was the 5 industry standard in this document at page 8156, 6 did you not? 7 A . That is true . 8 Q . And Cryovac had Excel's business that 9 you wanted, didn't they? 10 A . Cryovac, as you've noted, had 11 90 percent, 96 percent or whatever percent of the 12 market. Excel was one of their customers . We 13 were a supplier for boneless . They had the 14 bone-in. Customer was urging us to develop an 15 alternative . The market was the focus of our 16 work, not our competitor . 17 Q . Sir, while you're looking at page 8159 18 of Taylor 13, would you turn, please, to Taylor 12 19 also, page 5702 . 20 And under the downside risks in the 21 later draft of this request for appropriation -22 A . Okay . Page 133 Q . -- the line "patents likely to be sued by competition" was left out . Do you know why? A . No, I have no idea why it would be left
out .

Q . Did you discuss leaving that out with Mr . Kitchel after you received his first draft? A. No . MR . FARABOW : Ask the reporter to mark as Taylor 15 a document bearing production numbers PPPI 2968 through 2977 . (Exhibit 15 marked .) BY MR . FARABOW : Q . Sir, would you take a look at this document and tell me whether you have seen it before. A . There seems to be some duplication in pages, but that's -- I think that's okay . Okay . Q . Have you seen this document before, sir? A. I can't say that I have . I'm not real sure . I don't -- I don't think so . Q . Mr. Mueller, I think you indicated, was

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