Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-00968-GMS

Document 58

Filed 05/02/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ALLERGAN, INC., ALLERGAN SALES, LLC, Plaintiffs, v. ALCON, INC., ALCON LABORATORIES, INC., and ALCON RESEARCH, LTD., Defendants. Civil Action No. 04-968-GMS

DECLARATION OF WILLIAM J. MARSDEN, JR. I, William J. Marsden, Jr., declare as follows: 1. I am a principal at the law firm of Fish & Richardson P.C., and I am

counsel for Plaintiffs Allergan, Inc. and Allergan Sales, LLC, in the above-captioned matter. 2. Attached hereto as Exhibit A is a proposed order with claim constructions

for the disputed limitations. 3. 6,673,337. 4. 6,641,834. 5. Attached hereto as Exhibit D is a true and correct copy of an excerpt from Attached hereto as Exhibit C is a true and correct copy of U.S. Patent No. Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No.

Allergan's 10K for the year 2004. 6. Attached hereto as Exhibit E is a true and correct copy of the approved

labeling for Alphagan®.

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7.

Attached hereto as Exhibit F is a true and correct copy of the approved

labeling for Alphagan® P. 8. Attached hereto as Exhibit G is a true and correct copy of the prosecution

history for U.S. Patent No. 6,641,834. 9. Attached hereto as Exhibit H is a true and correct copy of U.S. Provisional

Patent Application No. 60/218,200. 10. 6,627,210. 11. Attached hereto as Exhibit J is a true and correct copy of the prosecution Attached hereto as Exhibit I is a true and correct copy of U.S. Patent No.

history for U.S. Patent No. 6,627,210. 12. Attached hereto as Exhibit K is a true and correct copy of the prosecution

history for U.S. Patent No. 6,673,337.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: May 2, 2005

FISH & RICHARDSON P.C.

By:

/s/ William J. Marsden, Jr. (#2247) William J. Marsden, Jr. ([email protected]) Sean P. Hayes ([email protected]) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070

Attorneys for Plaintiffs ALLERGAN, INC. and ALLERGAN SALES, LLC

2

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CERTIFICATE OF SERVICE I hereby certify that on May 2, 2005, I electronically filed with the Clerk of Court the DECLARATION OF WILLIAM J. MARSDEN, JR. using CM/ECF which will send notification of such filing(s) to the following: Josy W. Ingersoll, Esq. Young Conaway Stargatt & Taylor, LLP The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19899-0391 I hereby certify that on May 2, 2005, I have sent by Federal Express, the above document to the following non-registered participants: Brian D. Coggio, Esq. Orrick, Herrington & Sutcliffe LLP 666 Fifth Avenue New York, NY 10103-0001

/s/ William J. Marsden, Jr. (#2247) William J. Marsden, Jr.
copy to replace 60292398.doc