Free Notice (Other) - District Court of Delaware - Delaware

Case 1 :04-cv-00968—Gl\/IS Document 41 Filed O3/18/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALLERGAN, INC., and ALLERGAN I
SALES, LLC., I
I
Plaintiffs, )
I
v. )
LABORATORIES, INC., and ALCON )
RESEARCH, LTD., )
I
Defendants. )
I
I
ALCON’S FIRST NOTICE OF DEPOSITION TO ALLERGAN
PURSUANT TO FED. R. CIV. P. 30gb)(6I
Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, defendants, Alcon
Inc., Alcon Laboratories, Inc. and Alcon Research Ltd. (collectively "Alcon"), will take the
deposition of plaintiffs, Allergan, Inc. and Allergan Sales, LLC (collectively "Allergan"), at the
offices of Orrick, I-Ieirington & Sutcliffe LLP, 4 Park Plaza, Irvine, California 92614-2552%,
commencing on April 6, 2005, and continuing thereafter until completed. The deposition will be
transcribed by an officer authorized to administer oaths, and may be recorded by video graphic,
audiographic, or other means. Pursuant to the Rule 30(b)(6), plaintiffs are required to designate
one or more officers, directors, managing agents, or other persons who consent to testify on their
behalf as to the matters listed in the Topics For Examination.
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Case 1:04-cv-OO968—Gl\/IS Document 41 Filed O3/18/2005 Page 2 of 4
DEFINITIONS
To the extent applicable, the definitions in Alcon’s First Requests for Production of
Documents and Things shall apply to this Notice of Deposition.
TOPICS FOR EXAMINATION
l. Conception of the invention(s) claimed in U.S. Patent No. 6,641,834, and the
documents, if any, reflecting such conception.
2. Reduction to practice of the invention(s) claimed in U.S. Patent No. 6,641,834,
and the documents, if any, reflecting such reduction to practice.
3. First disclosure, written or oral, of the invention(s) claimed in U.S. Patent No.
6,641,834, and the documents, if any, reflecting such disclosure.
4. Conception of the invention(s) claimed in U.S. Patent No. 6,673,337, and the
documents, if any, reflecting such conception.
5. Reduction to practice of the invention(s) claimed in U.S. Patent No. 6,673,337,
and the documents, if any, reflecting such reduction to practice .
6. First disclosure, written or oral, ofthe invention(s) claimed in U.S. Patent No.
6,673,337, and the documents, if any, reflecting such disclosure.
7. All testing of A1lergan’s ALPHAGAN®P product that relates or pertains to
whether any ofthe components in that composition functions as a solubility enhancing
component as that term is used in the patents-in—suit, and the documents, if any, reflecting such
testing..
-2-
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Case 1:04-cv-OO968—Gl\/IS Document 41 Filed O3/18/2005 Page 3 of 4
8. All testing of Alcon’s proposed brimonidine product that relates or pertains to
whether any of the components in that composition functions as a solubility enhancing
component as that tenn is used in the patents-in—suit, and the documents, if any, reflecting such
testing.
9. The documents requested by Alcon in this action.
10. The documents produced by Allergan in this action.
Dated: March 18, 2005 j /1
Jos/y W. gersoli 0. 1088)
Young Conaway Stargatt & Taylor, LLP
The Brandywine Building
1000 West Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (203) 571-1253
[email protected]
Attorneys for Defendants
Alcon, Inc., Alcon Laboratories, lnc.,
and Alcon Research, Ltd.
Of Counsel:
Daniel J. Thomasch
Brian D. Coggio
M. Veronica Mullally
Orrick, Herrington & Sutcliffe LLP
666 Fifth Avenue
New York, NY 10103
Tel: (212) 506-5000
Fax (212) 506-5151
-3-
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Case 1:04-cv-OO968—G|\/IS Document 41 Filed O3/18/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Josy W. Ingersoll, Esquire hereby certify that on March 18, 2005, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
using CM/ECF, which will send notification that such filing is available for viewing and
downloading to the following counsel of record:
William J. Marsden, Jr., Esquire
Fish & Richardson, P.A.
919 N. Market Street, Suite 1100
Wilmington, DE 19801
I further certify that on March 18, 2005, I caused a copy of the foregoing document to be
served by hand delivery on the above—listed counsel of record and on the following non-
registered participants in the manner indicated:
BY E-MAIL
Jonathan E. Singer, Esquire
Fish & Richardson, P.A.
3300 Dain Rauscher Plaza
60 South Sixth Street
Minneapolis, MN 55402
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Jos5{W. lng soll o. 1088)
The Brand ine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
(302) 571-6600
[email protected]
Attorneys for Defendants
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