Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR Document 111 Filed 10/03/2005 Page 1 of 2
Moknrs, N1cH0Ls, A1zsHT 8; TUNNELL
NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
JACK B. BLUMENFELD FAX
302 575 7291
302 *25 30*2 FAX September 30, 2005
[email protected]
REDACTED PUBLIC VERSION
BY ELECTRONIC FILING
The Honorable Sue L. Robinson Original Filed September 30, 2005
United States District Court Redacted Public Version Filed October 3, 2005
844 King Street
Wilmington, Delaware 19801
Re: McKesson Information Solutions, LLC v. The T riZetto Group, Inc.,
Civil Action No. 04-1258-SLR
Dear Chief Judge Robinson:
At the September 22 conference, the Court permitted the parties to identify up to three
documents, enclosures to which were missing from the production, stating that it would require
each party to look for and produce the enclosures if they exist. TriZetto has identified three such
documents from McKesson’s doctunent production.
The first is MCK1 17578, a January 24, 1989 letter from Marcia J. Radosevich to Faith
Glover, Director of Health Information at Erisco (TriZetto’s predecessor) (Exhibit A). That
letter references "enclos[ed] materials which describe HPR and our expert system,
CodeReview(tm), which corrects physician claim coding errors." McKesson marked the letter as
an exhibit during the depositions of Anthony Bellomo and Craig Luftig of TriZetto. The
enclosures are critical because McKesson has recently claimed, without any evidentiary support,
that Erisco copied the information in the enclosures when it developed its accused software
products.
The second is MCK126352·MCK126373, which was marked as an exhibit during the
deposition of Karen Bell (Exhibit B). Ms. Bell has been a marketing manager at McKesson (and
its predecessors in interest) since 1996. Part of the exhibit is a document entitled "McKesson
Clinical Auditing & Compliance Division Code Editing Product Strategy White Paper." At
Section 5.3 of the document (page MCK126357), it references "Karen's competitive matrix
(April 10) and Market Overview." The competitive matrix and market overview referenced in
the document is critical because Ms. Bell testified that they constitute McKesson's analysis of the
product strategy for clinical editing products, including McKesson's product and the accused
products at issue in this case.
The third is GG 0022-0023, a letter from Michele K. Herman of Woodcock Washburn
Kurtz Mackiewicz & Norris LLP to Michael Waitzkin, Esq. of Baach Robinson & Lewis sent
regarding earlier litigation concerning the '164 Patent (Exhibit C). At his deposition, Dr.
Goldberg testified that there were approximately 10 or so pages that accompanied that letter, and

. Case 1:04-cv-01258-SLR Document 111 Filed 10/03/2005 Page 2 of 2
Honorable Sue L. Robinson
September 30, 2005
Page 2
that these documents were given to McKesson's counsel for production in response to the
subpoena that TriZetto served on Dr. Goldberg. GG 0023 was the last page of Dr. Goldberg's I
doctunents that were produced to TriZetto. , ` .
Accordingly, TriZetto requests that the Court order McKesson to identify by bates {
numbers, or produce, the enclosures referenced in Exhibits A, B and C. Altematively, if the *
materials do not exist, McKesson should say so in writing. \
Respectfully,
/s/ Jack B. Blumenfeld (#1014)
Jack B. Blumenfeld ·
JBB/bls
cc: Peter T. Dalleo, Clerk (By Hand)
Thomas J. Allingham, Esquire (By Hand)
Jeffrey G. Randall, Esquire (By Email)
Jeffrey T. Thomas, Esquire (By Email)
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