Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR Document 151 Filed 12/15/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
e FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS )
LLC, )
) CIVIL ACTION NO. 04-1258-SLR
Plaintiff, )
)
v. g
THE TRIZETTO GROUP, INC., )
)
Defendant. ) I
DECLARATION OF MICHAEL A. BARLOW IN SUPPORT OF
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT REGARDING
DEFENDANT'S SEVENTH AFFIRMATIVE DEFENSE OF
INEQUITABLE CONDUCT AND
COUNTERCLAIM FOR DECLARATION OF UNENFORCEABILITY
I, Michael A. Barlow, pursuant to 28 U.S.C. § 1746, declare as
follows: / ‘
I. I am a member of the Bar of the State of Delaware and of the
Erm of Skadden, Arps, Slate, Meagher & Flom LLP, attorneys for plaintiff
McKesson Information Solutions LLC ("McKess0n") in the above-captioned action.
I submit this declaration in support of the Plaintiffs Motion for Summary Judgment
Regarding Defendant’s Seventh Afiimiative Defense of Inequitable Conduct and
Counterclaim for Declaration of Unenforceability, and to transmit to the Court tme
and correct copies of the following documents attached as exhibits hereto:

Case 1 :04-cv-01258-SLR Document 151 Filed 12/15/2005 Page 2 of 3
Description Exhibit No.
Excerpts from Defendant the TriZetto Group, Inc.’s Response to l
McKesson information Solutions, LLC’s First Set of interrogatories
Defendant’s Rule 26(a)(l) Disclosure Statement 2
Excerpts from deposition of Donald Holloway taken on September 8, 2005 3
Richard Egdahl and Robert Hertenstein, "m Access-oriented Negotiated 4 .
Fee Schedule: The Caterpillar Experience"
Amar Bhide and Brian Mohan, Marcia Radosevich and Health Payment 5
Review: 1989(A), Harvard Business School Case, 9-394-204 (Feb. 1999)
Excerpts from deposition of Marcia J. Radosevich taken on July 7, 2005 6
Subpoena in a Civil Case to Peter Corless, January 3, 2005 7
Subpoena in a Civil Case to Jason Honeyman, January 3, 2005 S
Subpoena in a Civil Case to Anthony Jason Mirabito, December 20, 2004 9
Objection of Peter Corless of Edwards & Angell, LLP to Defendant’s 10
Subpoena, January 10, 2005
Non-Party Jason M. Honeyman’s Responses and Objections to Subpoena ll -
Served By Plaintiff, January 3, 2005
Letter from A. Jason Mirabito in Response to Subpoena in a Civil Case, 12
January 28, 2005
Excerpts from deposition of Kelli A. Dugan taken on September 23, 2005 13
Excerpts from deposition of George A. Goldberg taken on September 13, 14
2005
Excerpts from deposition of Robert Hertenstein, MD. taken on September 15
14, 2005
Excerpts from deposition of Randall Davis, Ph.D. taken on November 30, 16
2005
2

Case 1:04-cv-01258-SLR Document 151 Filed 12/15/2005 Page 3 gf 3
I declare under penalty of perjury that the foregoing is true and
correct.
Executed December 15, 2005.
2 Michael A. Barlow (I.D. # 3928)
3