Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—O1258-SLR Document 113-2 Filed 10/O4/2005 Page 1 013
EXHIBIT A

Case 1:04-cv—O1258-SLR Document 113-2 Filed 10/O4/2005 Page 2 of 3
EXHIBIT A
PAGES 44-50 OF THE DEPOSITION TESTIMONY OF ANTHONY BELLOMO,
EXECUTIVE VICE PRESIDENT OF TRIZETTO (SEPT. 19, 2005)
[MR. RANDALL]: . . . Has TriZetto based its decision to continue to make and sell the three
accused infiinging systems based on any advice from counsel it received after the lawsuit was
filed, yes or no?
MR. THOMAS: Again, if you can answer that question without disclosing the content of
communications with trial counsel, go ahead.
[MR. BELLOMO]: Yes.
[MR. RANDALL]: And is that advice that TriZetto is relying on, at least in part, for its decision
to continue to make and sell the three accused infringing devices after the lawsuit was filed, in
writing?
[MR. BELLOMO]: I don't know.
[MR. ILANDALL]: Is that advice that TriZetto is relying on oral advice?
[MR. BELLOMO]: It's certainly discussions that were had. I believe there is some material
that's written that, while not necessarily a legal opinion, was certainly discussion material that we
reviewed that had in it different arguments about this, about the patent, the enforceability, the
prior art and many forms of prior art that we now are aware of; and all the —-
MR. THOMAS: Okay, Mr. Bellomo, I'm going to stop you here because if you're talking about
communications -
[MR. BELLOMO]: We are --
MR. THOMAS: Wait, wait, let me finish -- communications with law firms that you've retained
to defend you in this litigation that relate to the contentions and defenses being made by TriZetto
in this litigation, you're instructed not to reveal those.
[MR. BELLOMO]: Then I probably said too much.
[MR. RANDALL]: Mr. Bellomo, I'm not asking you about, at least at this point, at least about
the details of these corrrmunications .... I'm trying to find out what TriZetto was relying on in
making its decision to continue to make and sell the infringing devices.
All right, with that in mind, the question is: Is TriZetto relying on oral or written
communications from its attorneys after the lawsuit was filed regarding noninfiingement or
invalidity based on prior art in making its decision to continue to make and sell the accused
infiinging systems?

Case 1:04-cv—O1258-SLR Document 113-2 Filed 10/O4/2005 Page 3 of 3
[MR. BELLOMO]: Yes.
[MR. RANDALL]: And the form of those communications is both written and oral, is that fair
to say?
[MR. BELLOMO]: As far as I recall, yes.
[MR. RANDALL]: Did the legal advice that TriZetto received from its outside lawyers after
the lawsuit was filed and that it relied upon in order to continue to make and sell the infringing
systems come trom both its previous trial counsel Paul Hastings and its current counsel Gibson,
Dunn & Crutcher?
[MR. BELLOMO]: Ibelieve so.