Free Order - District Court of Delaware - Delaware

Case 1:04-cv—01258-SLR Document 132 Filed 10/21/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS, )
LLC, )
)
Plaintiff, )
v. i Civ. N0. 04-1258-SLR
THE TRIZETTO GROUP, INC., g
Defendant. g
O R D E R
At Wilmington this 20m day of October, 2005, having
reviewed the numerous papers submitted by the parties to the
above litigation in connection with various discovery disputes
(D.I. 106, 107, 108, 109, 112, 113, 117, 118, 119, 120, 121, 124,
125, 126, 127, 128);
p IT IS ORDERED that;
1. Advice of counsel. I will not reconsider my prior
position on this issue. Therefore, defendant need not produce
post—litigation communications with trial counsel.
2. Rule 30(b)(6) depositions. Both parties have managed to
act unreasonably in this regard. Therefore, on or before October
31, 2005, defendant shall file a written response to plaintiff’s
deposition topics 18-20; plaintiff shall file a written response

Case 1:04-cv—01258-SLR Document 132 Filed 10/21/2005 Page 2 of 2
to defendant’s depositin topics 5, 17 and 18. I decline
plaintiff’s demand for a “written admissible statement that
TriZetto is unable to produce a witness" on certain 30(b)(6)
topics.
3. Prior art references. Three days before the close of
discovery, defendant identified multiple new prior art references
and prior uses, thus preventing full and fair opportunity for
discovery. Rather than preclude defendant from relying on all
such materials, however, on or before October 31, 2005, defendant
shall file notice of whether it intends to go forward with the
prior art references identified and charted by the August 2, 2005
discovery conference, or whether it wants to bifurcate the issues
of infringement/damages from invalidity, with completion of
discovery and trial on invalidity at some point in the future.
4. P1aintiff's claim construction. Any continuing
objections to plaintiff’s claim construction shall be addressed
through expert discovery and the summary judgment motion
practice.
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