Free Initial Disclosures - District Court of Delaware - Delaware

Case 1 :04-cv-01263-JJF Document 46 Filed O3/07/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TRISTRATA TECI—H\lOLOGY, INC , )
)
Plaintiff, )
v ) C A NO 04-l263—JJF
)
BEAUTY UNDERNEATH, ELLEN )
LANGE SKIN SCIENCE, INC, JAN )
MARINI SKIN RESEARCH INC , )
INTERNATIONAL SHIELD INC , )
COSl\/ESEARCH, INC )
SKINCEUTICALS, INC , )
DERMATOLOGIC COSMETIC )
LABORATORIES LTD AND PERRI )
SKIN CARE, )
Defendants
DEFENDANT DERMATOLOGIC COSMETIC LABORATORIES LTDRS RULE
26(Ag I) INITIAL DISCLOSURES
Defendant, Dermatologic Cosmetic Laboratories LTD, ("Dermatologic" ), makes the
following disclosures under Fed. Rt Civ P 26(a)(l) These disclosures are based on currently
lcnown information Dermatologic reserves the right to supplement these initial disclosures upon
the discovery of new information and evidence or in light of any new issues, claims or defenses
that may arise It does not include information present in disclosures served by Plaintiff or other
Defendants in this action
A. Individuals:
1. Rule 26(a)(1)(A) Initial Disclosures
The following individuals are likely to have discoverable information that
Dermatologic may use to support its claims or defenses, unless solely for impeachment;
Truitt Bell Joel Rubin
President and CEO Senior Vice President of Research and
Dermatologic Cosmetic Laboratories Development

Case 1:04-cv-01263-JJF Document 46 Filed O3/07/2005 Page 2 of 4
20 Commerce Street Dermatologic Cosmetic Laboratories
East haven, CT 06512 20 Commerce Street
East Haven, CT 06512
2. Rule 26(a)(l)(B) initial Disclosures
Dermatologic, based upon its present understanding ofthe issues of this litigation,
identities the following documents by category that Derrnatologic may use to support its claims
or defenses, unless solely for impeachment:
U S Patent Nos. 5,09l,l7l; 5,385,938, 5,389,677; 5,547,988, 5,665,776,
Documents regarding Tristrata”s sale of products incorporating the patents at issue not
marked pursuant to 35 U S C § 287,
Documents related to the historical and ongoing use of ingredients in Dermatologic
products,
The design, manufacturing, sales and marketing documents regarding Dermatoiogic
products.
The documents within the listed document categories will be made available for
inspection or copying after a mutually agreed—upon Protective Order is entered in this case Such
documents are located at Derrnatologids offices or the offices of its attorneys Dermatologic
also believes documents in the possession, custody, or control of Tristrata, its attorneys and/or
third parties may be relevant to the facts at issue in this case.
Currently, counsel for Dermatologic is determining what, if any, other documents in the
possession of Dermatologic may be relevant to issues in this litigation. Dermatologic, therefore,
reserves the right to supplement this initial disclosure and subsequent discovery responses if
additional relevant documents are found in its possession.
3. Rule 26(a)(1)(C)

Case 1:04-cv-01263-JJF Document 46 Filed O3/07/2005 Page 3 of 4
Derntatologic denies that Tristrata has suffered any damages or is entitled to any relief in
this action Dermatologic is not yet seeking damages in this case, but reserves the right to seek
its fees and costs incurred in defense of this case
4. Rule 26(a)(1)(D) Initial Disclosures
Dermatologic does not yet have information regarding potential insurance coverage it
will supplement this response when this information becomes available
Dermatologic, in making the above disclosures, does not represent that it has identified
every witness, document, or tangible thing possibly relevant to this litigation Further,
Derrnatologic does not waive its right to object to production of any document or tangible thing
described in these disclosures on the basis of privilege, the worl·:—product doctrine, relevancy,
undue burden or any other valid objection. Defendant Dermatologic reserves the right to
supplement or correct these disclosures upon continuing investigation and discovery
M gz,. 4,,, i I
Frederick L Cottrell, III (#2555)
Matthew Wt King (#4566)
( Richards, Layton & Finger, P A,
Of C¤~¤~¤¢(f _ _ oss treaty squat, P oo sex ssl
Stuart A M¤¤·s¤1is Esquire wirmmgmn, on issss
Berdon, Young & Margolis, PC (302) 65]_»yq00
*32 Temple Street Attorneys for Defendant
New Haven CT 06510 Derrnatologic Cosmetic Laboratories Ltd
Dated: March ww, 2005

Case 1:04-cv-01263-JJF Document 46 Filed O3/07/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of March 2005, I electronically filed and hand
delivered the foregoing document with the Clerk of Court using CMHECF which wilt send
notification of such tiling tothe following;
VIA HAND DELIVERY
Philip A Rovner, Esquire Delia Ann Clark, Esquire
Potter, Anderson & Corroon LLP Rawle & Henderson LLP
1313 N. Market Street 300 Delaware Avenue
Wilmington, DE 19801 Suite l0i5
Wilmington, DE 1980}
Arthur G Connoliy, HI, Esquire
Connolly, Bove, Lodge & Hutz LLP
The Nemours Building
1007 N. Orange Street, P O Box 2207
Wiimington, DE i9899
gz Q rfb 4-a %5,;i»
Matthew W. King (#4566)
Richards, Layton & Finger
One Rodney Square, PO. Box 55l
Wilmington, DE 19899
(302) 65 l—7700
king@rlf com
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