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

Case 1 :04-cv—00968-GIVIS Document 1 10 Filed 07/27/2005 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 SECOND 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, or such other location as
agreed upon bythe parties, commencing on August 16, 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 110 Filed 07/27/2005 Page 2 of 4
TOPICS FOR EXAMINATION
l. Alcon’s decision to develop a 0.15% brimonidine product, including
identification of the individuals involved in the making of the decision, any meetings at
which discussions of that decision took place, and any documents or other
communications discussing that decision.
2. Any analysis that Alcon has done of the market for a 0.15% brimonidine
product.
3. Alcon’s decision to file its NDA Application for its 0.15% brimonidine
product, including identification of the individuals involved inthe making of the
decision, any meetings at which discussions of that decision took place, and any
documents or other communications discussing that decision.
4. All Alcon products that received market exclusivity from the FDA, including
all Alcon products that were improvements or modifications to earlier Alcon products
(e. g., line extensions).
5. The pricing and revenues Alcon projects for its 0.20% brimonidine tartrate
product and its proposed 0.15% brimonidine tartrate product.
6. All Alcon products that have patents listed in the FDA’s Orange Book
including the patent numbers.
7. All lawsuits that Alcon has filed accusing a product of infringement after
receiving a Paragraph IV letter from the manufacturer of the product, including the
parties, location, and result of the lawsuit.
8. The size of Alcon’s marketing and sales forces, including the number of
persons employed in these functions and Alcon’s annual budgets for these functions.
9. All deformulation testing of Allergan’s Alphagan® P product, including
identification of the individuals involved in the testing, any meetings at which
discussions of that testing took place, and any documents or other communications
discussing that testing.
2

Case 1 :04-cv—00968-GIVIS Document 110 Filed 07/27/2005 Page 3 of 4
10. All advantages of Allergan’s Alphagan® P product over Alcon’s 0.2%
bnmonidine product.
Dated: July 27, 2005 FISH & RICHARDSON P.C.
/ xr/A
By:
Will`am J. M 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
60306582.doc
3

Case 1 :04-cv—00968-GIVIS Document 110 Filed 07/27/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2005, I electronically tiled ALLERGAN’S
SECOND 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 fi1ing(s) to the following:
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 July 27, 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
Seé P. Hayes 2 ,