Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04-cv—00968-GIVIS Document 39 Filed 03/08/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALLERGAN, INC., ALLERGAN SALES,
LLC,
Plaintiffs,
V' Civil Action No. 04-968-GMS
ALCON, INC., ALCON
LABORATORIES, INC., and
ALCON RESEARCH, LTD.,
Defendants.
ALLERGAN’S FIRST NOTICE OF DEPOSITION TO DEFENDANTS
PURSUANT TO FED. R. CIV. P. 30(B)(6)
Pursuant to Rule 34 of the Federal Rules of Civil Procedure, plaintiffs
ALLERGAN, INC., and ALLERGAN SALES, LLC ("Allergan") will take the
deposition of ALCON, INC., et al. ("Alcon") at the offices of Fish & Richardson, P.C.,
5000 Bank One Center, 1717 Main Street, Dallas, Texas 75201, commencing on March
31, 2005 at 9:30 a.m., and continuing thereafter until completed. The deposition will be
transcribed by an officer authorized to administer oaths, and may be recorded by
videographic, audiographic or other means.
The subject matters of the deposition are enclosed herein. Pursuant to the Federal
Rules of Civil Procedure, defendants are required to designate one or more officers,
directors, or managing agents, or other persons who consent to testify on defendants’
behalf as to matters known or reasonable available to defendants.
DEFINITIONS
To the extent applicable, the definitions from plaintiffs’ first request for
production of documents shall apply to this notice.

Case 1 :04-cv—00968-GIVIS Document 39 Filed 03/08/2005 Page 2 of 4
TOPICS FOR EXAMINATION
1. Alcon’s proposed brimonidine product, including all components and
characteristics of that product.
2. The development of Alcon’s proposed brimonidine product.
3. The intended use of Alcon’s proposed brimonidine product.
4. The role and function of Povidone in Alcon’s proposed brimonidine
product.
5. All testing of Alcon’s proposed brimonidine product, or any formulations
employed in the development of Alcon’s proposed brimonidine product, or any
components of Alcon’s proposed brimonidine product, including Povidone.
6. All solubility testing of brimonidine.
7. The advantages of Alcon’s proposed brimonidine product over Alcon’s
currently available .2% Brimonidine product.
8. United States Patent Nos. 6,641,834 and 6,673,337.
9. NDA Application No. 21-764.
10. All testing of Allergan’s ALPHAGAN P product.
11. The differences between Alcon’s proposed brimonidine product and
Allergan’s ALPHAGAN P.
12. The documents requested by plaintiffs in this litigation.
13. The documents produced by defendants in this litigation.
2

Case 1:04-cv—00968-G|\/IS Document 39 Filed 03/08/2005 Page 3 of 4
Dated: March 8, 2005 FISH & RICHARDSON P.C.
By: ¢
illiam J. s en, Jr. ([email protected])
Sean P. Hayes ([email protected])
919 N. Market Street, Suite 1100
P.O. Box 1 1 14
Wilmington, DE 19899-1114
Telephone: (302) 652-5070
Facsimile: (302) 652-0607
Jonathan E. Singer
Michael J. Kane
Deanna J. Reichel
FISH & RICHARDSON P.C., P.A.
3300 Dain Rauscher Plaza
60 South Sixth Street
Minneapolis, Minnesota 55402
Juanita Brooks
W. Chad Shear
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
Attorneys for Plaintiffs
ALLERGAN, INC. and ALLERGAN SALES, LLC
80023344.doc
3

Case 1:04-cv—00968-G|\/IS Document 39 Filed 03/08/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on March 8, 2005, I electronically filed ALLERGAN’S
FIRST NOTICE OF DEPOSITION TO DEFENDANTS PURSUANT TO FED. R. CIV.
P. 30(B)(6) with the Clerk of Court using CM/ECF which will send notification of such
filing(s) to the following: I
J osy W. Ingersoll
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 March 8, 2005, I have mailed by United States Postal
Service, the document(s) to the following non-registered participants:
Brian D. Coggio, Esq.
Orrick, Herrington & Sutcliffe LLP
666 Fifth Avenue
New York, NY 10103-0001
/
Se P. Hay