Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01258-SLR Document 1 12 Filed 10/04/2005 Page 1 of 2
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BY ELECTRONIC FILING v·¤~~A
The Honorable Sue L. Robinson
United States District Court for the
District of Delaware
844 N. King Street
Wilmington, Delaware 19801
RE: McKesson Information Solutions, LLC v. The T riZetto Group, Inc.,
C.A. No. 04-1258-SLR
Dear Chief Judge Robinson:
As a follow up to the September 22, 2005 hearing in this case, rather than request relief
concerning the lack of preparation of TriZetto's Rule 30(b)(6) witnesses, McKesson hereby
requests that Your Honor order TriZetto to provide information in response to the McKesson's
Rule 30(b)(6) topics discussed below. -
Contrary to TriZetto's representations during the September 22 hearing, see Tr. at 33-34,
TriZetto did not provide McKesson with written objections to any of these topics prior to its
counsel's vague email sent late in the evening on September 15. Despite repeated requests
before, during and after the September 22 hearing, TriZetto has never identified the supposed
"prior communications" referenced in counsel's email in which TriZetto allegedly previously
objected to these topics. TriZetto thus waived its objections to these topics. Having now
effectively fiustrated McKesson's ability to obtain testimony on these topics, McKesson requests
that Your Honor provide the following, modest relief.
First, T 1iZetto has refused to produce witnesses on McKesson Rule 30(b)(6) topic
ntunbers 18 (the identity of each customer of each Accused Product), 19 (information including
the sales date and amount of the sale for each customer of each Accused Product), and 20 (the
functionality of the Accused Product used by each customer). McKesson respectfully requests
that TriZetto be ordered to provide, as its response to these topics, a written statement,
admissible at trial, that identifies: (i) each customer that bought or used one or more of the three
Accused Products during the relative damages period (1998 to the present), (ii) the particular
Accused Product(s) used by each of these customers, (iii) the contract date, contract amount and

Case 1 :04-cv-01258-SLR Document 1 12 Filed 10/04/2005 Page 2 of 2
The Honorable Sue L. Robinson
October 4, 2005
Page 2
total revenue (by year) received by TriZetto for each such customer (please note that TriZetto
typically receives ongoing maintenance and other fees from its customers that should be
included in this response), and (iv) whether each such customer uses the clinical editing
functionality of the Accused Product (other of TriZetto's witnesses have testified that they did
not know, but could provide this information). Please note that TriZetto has also failed to
provide this information to McKesson in response to McKesson Interrogatory Nos. 14 and 26.
Second, conceming the following McKesson Rule 30(b)(6) topics on which TriZetto has
refused to produce a witness, McKesson requests that TriZetto be ordered to provide a written,
admissible statement that TriZetto is unable to produce a witness on these topics:
• Topic No. 8: McKesson's alleged "substantial knowledge of Erisco and TriZetto's
products" as stated in TriZetto's Response To McKesson Interrogatory No. 11.
• Topic No. ll: Investigations or analyses by TriZetto, Erisco and RIMS into the
applicability of any claims of the *164 patent to any Accused Product.
• Topic No. 12: Investigations or analyses by TriZetto, Erisco and RIMS into the validity
of any claim of the 'l64 patent.
• Topic No. 13: Investigations or analysis by TriZetto, Erisco and RIl\/IS into the
enforceability of any claim of the 'I64 patent.
• 'Topic No. 38: The potential impact of this lawsuit on TriZett0's, Erisco's and RIMS's
business. .
lly submitted,
l Michael A. Barlow (Del. I.D. #3928)
cc: J efirey G. Randall, Esq. (by e-mail) . » ·
Jack B. Blumenfeld, Esq. (by e-filing)
Jeffrey T. Thomas, Esq. (by e-mail)
429874-Wilmington Server IA - MSW