Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01258-SLR Document 383 Filed 06/02/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS )
LLC, )
)
Plaintifi )
)
v. ) C.A. No. 04-1258 (SLR)
)
THE TRIZETTO GROUP, INC., )
)
Defendant. )
DECLARATION OF ROBERT J. BARGAR, NLD.
IN SUPPORT OF THE TRIZETTO GROUP, INCJS
MOTION FOR SUMMARY JUDGMENT OF INVALDITY
MORRIS, NICHOLS, ARSI-IT & TUNNELL LLP
Jack B. Blumenfeld (#1014)
Rodger D. Smith, II (#3778)
1201 N. Mmket Street
P.O. Box I347
Wiimingten, DE 19899
(302) 6588200
Atiorneysfor Defendant The Tr£Zet1‘0 GTOEQD, Inc.
OF COUNSEL:
J efiiey T. Thomas
David A. Sega}
Michael A. Sitzman
GIBSON, DUNN & CRUTCHER LLP
Jamboree Center
4 Park Plaza
Irvine, CA 9261.48557
(949) 45 1 -3 800
June 1, 2006

Case 1 :04-cv-01258-SLR Document 383 Filed 06/02/2006 Page 2 of 4
I, Robert J. Bargar, declare as follows:
l. I am a physician with Bargar & Associates. I submit this declaration in support of
the motion of The TriZetto Group, Inc. (“'l`riZetto") for summary judgment of invalidity on
grounds of anticipation and obviousness (the “l\/[otion”). I have personal knowledge of the facts
set forth herein and if called upon to do so, l could and would testify competently hereto.
2. In early October 2005, I was contacted by Professor Randall Davis concerning
this litigation. I understand that Professor Davis is an expert witness for 'I`riZetto in this
litigation. Professor Davis was seeking documents and infomation conceming a computerized
medical claims editing system on which I had worked in the I980s, described below.
3. I was employed as a Senior Scientist by the Health Data Institute ("HDI") in
Lexington, MA from July l986 through September l988.
4. During my employment at HDI, l worked on the development of a software
product called the Advanced Medlsogic System ("AMS"). AMS was a software system for
editing medical claims. l was a member of a team that included nurses, ICD-9 and CPT coding
experts, data analysts and computer programmers that developed the AMS software product.
5. Exhibit E7 to the Appendix in support ofthe Motion is a true and correct copy of
a document entitled "Advanced l\fIedLogic Systems ~ Product Overview," dated May 1987. I
have firsthand knowledge of this document from my employment at HDI. I understand that this
document was in the possession of Mcltiesson Infomation Solutions LLC ("McI was produced in this litigation bearing the bates numbers MCK. 047608-47619.
6. Exhibit 18 to the Appendix in support of the Motion is a true and correct copy of
a doctunent dated December 1986 listing the various medical claim edits included in AMS at that
time. Medical codes and other information pertinent to these claim edits was stored in a database
within AMS. I have firsthand knowledge of this document from my employment at HDI. I
understand that this document was inthe possession of Mcliesson and was produced in this
litigation bearing the bates numbers MCK 047505-47606.
2

Case 1 :04-cv-01258-SLR Document 383 Filed 06/02/2006 Page 3 of 4
7. l was involved in the sales and marketing of AMS throughout my employment
with HDI. I contacted potential clients both by telephone and mail, sending them brochures and
other product literature. F or instance, in May l98’7, I sent product brochures and other literature
to State Farm Insurance, a potential AMS client. The AMS product offered to State Farm
Insurance included all ofthe medical claim edits listed in the December 1986 document
described in Paragraph 6, above.
8. ln 1987, HDI obtained CNA insurance of Chicago as a client and began the
process of delivering and installing AMS for CNA. The AMS product sold to CNA included all
of the medical claim edits listed in the December 1986 document described in Paragraph 6,
above.
l declare under penalty of perjury under the laws ofthe United States of America that the
foregoing is true and correct. J
This declaration was executed this ““§_i’-I day of May, 2006, at Waban, Massachusetts.
f _... »--e cf
_ ry QQA @/9;
Robert J. Bar CJ, M. .
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3

Case 1:04-cv-01258-SLR Document 383 Filed 06/02/2006 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 1, 2006, caused to be electronically
tiled the Declaration of Robert J. Bargar, MD. in Support of The Trizetto Group, lncfs Motion
for Summary Judgment of Invalidity with the Clerk ofthe Court using CM/ECP, which will send
notification of such tiling(_s) to the following:
Michael A. Barlow
Skadden, Alps, Slate, Meagher & Flom LLP
1 also certify that copies were caused to he served on June 1, 2006, upon the
following inthe manner indicated:
BY EMAIL AND HAND
Michael A. Barlow
Skadden, Arps, Slate, Meagher & Floin LLP
One Rodney Square
Wilmington, DE 19801
BY EMAIL AND FEDERAL EXPRESS
Jeffrey G. Randall
Skadcien, Arps, Slate, Meagher & Flom LLP
525 University Avenue
Suite 1 l 00
Palo Alto, CA 9430l
/.9/ Rodger D. Smith H (#3 778)
Morris, Nichols, Arsht & Ttmnell LLP
l20l N. Market Street
P.O. Box. 1347
Wilmington, DE 19899
(302) 65 8—9200
[email protected]