Free Declaration in Support - District Court of California - California

Case 5:08-cv-00133-RMW

Document 25

Filed 02/21/2008

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 HOWREY LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, California 94303 Telephone: (650) 798-3500 4 Facsimile: (650) 798-3600 5 Robert Ruyak Matthew Wolf 6 Marc Cohn HOWREY LLP 7 1229 Pennsylvania Avenue, NW Washington, DC 20004 8 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 9 Attorneys for Plaintiff 10 HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC LP 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW DECLARATION OF GLENN MAGNUSON IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR CONTINUANCE OF THE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION PUBLIC VERSION

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC LP, 15 Plaintiff, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Declaration of Magnuson ISO Opposition Case No. C08 00133 RMW

Case 5:08-cv-00133-RMW

Document 25

Filed 02/21/2008

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1 I, Glenn Magnuson, do declare and state as follows: 2 1. The facts set forth below in this declaration are based upon my personal knowledge, and

3 if called as a witness, I could and would testify competently those facts. 4 2. I earned a Bachelor's of Science in Business Administration from Bryant University in

5 1986. I worked at Abbott Diagnostics between 1991 and 2002. In 2002, I began working at Cytyc 6 Corporation ("Cytyc") as the Director of Marketing for Cytyc's ThinPrep® System for cervical cancer 7 screening. I continued in this position through 2004. In 2005, I became the Regional Business 8 Director Northeast for the Cytyc's NovaSure® (an endometrial ablation device to treat menorrhagia) 9 and ThinPrep® product lines. 10 3. In mid-2006, I was promoted to Senior Director of Product Marketing for Cytyc's

11 Breast Health Unit. Cytyc combined with Hologic, Inc. ("Hologic") in 2007 and I am still the Senior 12 Director of Product Marketing for Hologic's Breast Health Unit. As the Senior Director, I am 13 responsible for all marketing efforts with respect to Hologic's MammoSite® Radiation Therapy 14 System. My job requires that I understand the factors that drive sales of our breast health products 15 globally, so that I can provide the appropriate resources and tools to the sales forces to maximize sales. 16 I am also responsible for developing forward-looking strategies, such as identifying devices and 17 instruments that will enable the franchise to grow. Another of my responsibilities within the company 18 is to contribute input into continued product development and future innovation of products related to 19 breast health. 20 4. From April 30 through May 4, 2008, the American Society of Breast Surgeons (ASBS)

21 is holding their annual conference in New York City. REDACTED 22 Over 1200 breast surgeons are expected to attend, which

23 represents nearly half of all breast surgeons in the country. Last year, Hologic conducted a symposium 24 at the ASBS conference at 6:30am and still had over 100 people in attendance. About 80% of those 25 were new to MammoSite and were there to learn and hear from Hologic's presenters and experts about 26 27 28
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Plaintiffs' have moved concurrently with this filing to seal shaded portions of text.
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Declaration of Magnuson ISO Opposition Case No. C08 00133 RMW

Case 5:08-cv-00133-RMW

Document 25

Filed 02/21/2008

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1 breast brachytherapy. REDACTED 2 I understand that SenoRx intends to hold a

3 symposium at the ASBS this year, which will target, and significantly draw from, surgeons who would 4 otherwise use the MammoSite. 5 6 7 8 9 10 Executed in _______________________________, February __, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Declaration of Magnuson ISO Opposition Case No. C08 00133 RMW -22

I declare under penalty of perjury that the foregoing is true and correct. _________________________________ Glenn Magnuson2

Mr. Magnuson verbally approved this declaration. A signed declaration will be submitted to the Court tomorrow (February 22, 2008).