Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-01258-SLR Document 190 Filed 12/22/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS LLC, )
_ )
Plaintiff, g CIVIL ACTION NO. 04—I258-SLR
“ i
THE TRIZETTO GROUP, INC', ) REDACTED PUBLIC VERSION
Defendant. ) Confidential Version Filed. December I5, 2005
·———····—t Redacted Version F iled: December 22, 2005
TRANSMITTAL DECLARATION OF MICHAEL A. BARLOW IN SUPPORT
OF PLAINTIFF MCKESSON INFORMATION SOLUTIONS LLC’S
MOTION FOR SUMMARY JUDGMENT REGARDING
DEFENDANT’S EIGHTH AFFIRMATIVE DEFENSE
Michael A. Barlow hereby deposes and says: I
I. I am associated with Skadden, Arps, Slate, Meagher & Flom LLP, counsel for the
plaintiff in this action. I submit this declaration in support of Plaintiff McKesson Information
Solutions LLC’s Motion for Summary Judgment Regarding Defendant’s Eighth Affirmative Q
Defense.
2. Attached hereto are true and correct copies of the following documents referenced
in McKesson’s Opening Brief in Support of Its Motion for Summary Judgment Regarding
Defendant’s Eighth Affirmative Defense.
Exhibit
I Cover page of the ‘ I 64 patent awarded on 10/12/ 1993, indicating the assignee is
HPR.
2 I 0l/ 14/ I 994 ress release indicatin; that HPR was awarded the ‘164 atent.
3 01/24/ I 994 New York Times article entitled "Health Care System Finds
Ovetpa nents"
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Case 1:04-cv-01258-SLR Document 190 Filed 12/22/2005 Page 2 013
Exhibit
4 01/31/1994 complaint by GMIS against HPR beginning an action for declaratory
judgment that the ‘ 164 patent was invalid and unenforceable.
5 03/25/1994 press release indicating that HPR filed a patent infringement
counterclaim against GMIS.
6 01/23/1995 settlement agreement between HPR and GMIS.
7 Partial copy of the official transcript for the 09/16/2005 deposition of Anthony
Bellomo of TriZetto.
“ Partial copy of the official transcript for the 07/07/2005 deposition of Marcia
Radosevich.
9 Partial copy of the official transcript for the 09/19/2005 deposition of Anthony
Bellomo of TriZetto.
10 Partial copy ofthe official transcript for the 10/03/2005 deposition of Jeffrey
Margolis of TriZetto.
1 1 Partial copy of the official transcript for the 09/09/2005 deposition of Craig Luftig
of TriZetto.
12 Handwritten notes taken by Anthony Bellomo of Erisco during an April of 1997
meeting between HPR and Erisco.
13 Presentation by HPR for the April of 1997 meeting between HPR and Erisco.
14 10/03/1997 Form 8-K for HBOC’s acquisition of HPR.
15 01/14/1999 Form 8—K for McKesson’s acquisition of HBOC. .
16 07/14/1999 Form 10—K405 indicating McKesson management changes.
17 03/29/2000 press release discussing TriZetto’s acquisition of Erisco.
18 10/09/2001 letter from Robert Price at McKesson to Jeffrey Margolis at TriZetto
informing him of the ‘l64 patent.
19 06/20/2005 TriZetto responses to McKesson’s interrogatories.
20 12/20/2002 email message from Duffey Richardson at TriZetto to Linda Bemier at
TriZetto
REDACTED
21 04/21/2003 email message from Will Lee at McKesson to Duffey Richardson and
others at TriZetto enclosing other email messages, REDACTED
22 Genzgne Corp. v. Atrium Medical Corp. 2003 U.S. Dist. LEXIS 12784 (D. Del.
2003)
23 Partial copy of the official transcript for the 10/04/2005 deposition of Eric King.
24 Sygnbol Technologies, lnc. v. Proxim Inc., No. Civ. 01-801-SLR, 2004 WL
1770290 (D. Del. July 28, 2004)
25 Handwritten notes taken during a meeting between TriZetto and its attorneys
regarding laches and estoppel. Bates number TRZ83 8685.
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Case 1:04-cv-01258-SLR Document 190 Filed 12/22/2005 Page 3 of 3
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December I5, 2005.
. ‘ .9 ..
Mic ael A. Barlow (LD. #3928)
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