Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv—00968-GIVIS Document 170 Filed 01/24/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALLERGAN, INC., ALLERGAN SALES,
LLC,
Plaintiffs,
V` C.A. No. 04-968-GMS
ALCON, INC., ALCON
LABoRAroR1Es, mc., and PUBLIC VERSION
ALCON RESEARCH, LTD.,
Defendants.
DECLARATION OF WILLIAM J. MARSDEN, JR. IN SUPPORT OF
PLAINTIFFS ALLERGAN, INC. AND ALLERGAN SALES, LLC’S
OPPOSITIONS TO ALCON’S MOTION IN LIMINE 1-5
I, William J. Marsden, Jr., declare as follows:
1. I am a member of the law firm of Fish & Richardson P.C. and am counsel
for Plaintiffs Allergan, Inc. and Allergan Sales, LLC, in the above-captioned matter.
2. Attached hereto as Exhibit l is a true and correct copy of the Lmpublished
case Eli Lilly and Co. v. Teva Pharms. USA, Inc., No. IP 02-0512-C-B/S, 2004 WL
1724632 (S.D. Ind. July 29, 2004).
3. Attached hereto as Exhibit 2 · REDACTED.
4. Attached hereto as Exhibit 3 - REDACTED.
5. Attached hereto as Exhibit 4 - REDACTED.
6. Attached hereto as Exhibit 5 - REDACTED.
7. Attached hereto as Exhibit 6 — REDACTED.
8. Attached hereto as Exhibit 7 — REDACTED.

Case 1 :04-cv—00968-GIVIS Document 170 Filed 01/24/2006 Page 2 of 3
9. Attached hereto as Exhibit 8 —— REDACTED.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: January 23, 2006 — Public Version /s/ William J Marsden, Jr
William J. Marsden, Jr.

Case 1 :04-cv—00968-GIVIS Document 170 Filed 01/24/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on January 24, 2006, I electronically filed with the Clerk of
Court Declaration of William J. Marsden, Jr. in support of Plaintiffs Allergan, Inc. and
Allergan Sales, LLC’s Oppositions to Alcon’s Motion in Limine 1-5 using CM/ECF
which will send electronic notification of such Hling(s) to the following Delaware
counsel.
J osy W. Ingersoll -
John W. Shaw
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 January 24, 2006, I have sent via electronic mail, the
document(s) to the following non-registered participants:
Veronica Mullally
Daniel J. Thomasch
Orrick, Herrington & Sutcliffe LLP
666 Fifth Avenue
New York, NY 10103-0001
/s/ J/Wiliam J Marsden, Jr.
William J. Marsden, Jr. (#2247)
80029339.doc