Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-00968-GMS

Document 116

Filed 08/09/2005

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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. C.A. No. 04-968-GMS

DECLARATION OF SEAN P. HAYES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO ALCON'S MOTION FOR LEAVE TO AMEND ITS ANSWER I, Sean P. Hayes, declare as follows: 1. I am an associate 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 A is a true and correct copy of the transcript of

the parties' November 22, 2004 scheduling conference before the Court. 3. Attached hereto as Exhibit B is a true and correct copy of defendants'

April 11, 2005 notice of deposition of Orest Olejnik. 4. Attached hereto as Exhibit C is a true and correct copy of defendants' July

5, 2005 notice of deposition of Carlos Fisher. 5. Attached hereto as Exhibit D is a true and correct copy of excerpts of the

rough transcript of the August 4, 2005 deposition of Patrick Ryan. The parties have not yet received the revised transcript.

Case 1:04-cv-00968-GMS

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6.

Attached hereto as Exhibit E is a true and correct copy of a letter dated

July 12, 2005 from M. Veronica Mullally to Michael Kane regarding defendants' invalidity contentions. 7. Attached hereto as Exhibit F is a true and correct copy of defendants'

privilege log, revision date August 5, 2005.

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

Dated: August 9, 2005

/s/ Sean P. Hayes Sean P. Hayes

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CERTIFICATE OF SERVICE I hereby certify that on August 9, 2005, I electronically filed the attached DECLARATION OF SEAN P. HAYES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO ALCON'S MOTION FOR LEAVE TO AMEND ITS ANSWER with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: Josy 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 August 9, 2005, I have sent via Federal Express, 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

/s/ Sean P. Hayes Sean P. Hayes
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