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

Case 1 :04-cv—00968—GI\/IS Document 102 Filed 07/12/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALLERGAN, INC., and ALLERGAN )
SALES, LLC., )
)
Plaintiffs, )
)
v. )
LABORATORIES, INC., and ALCON )
RESEARCH, LTD., )
D
Defendants. )
)
/ )
/
ALCON’S THIRD NOTICE OF DEPOSITION TO ALLERGAN
PURSUANT TO FED. R. CIV. P. 30gb)g6[
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, Herrington & Sutcliffe LLP, 4 Park Plaza, Irvine, California 926l4—2558,
commencing at 9:00 a.m. on July 28, 2005, 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. 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.

Case 1:04-cv—00968—G|\/IS Document 102 Filed 07/12/2005 Page 2 of 3
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. A
TOPICS FOR EXAMINATION
1. Allergan’s decision to select a 0.15%(w/v) brimonidine composition for
evaluation in Phase III clinical trials, including the individuals in management who were
involved in making that decision, the information relied on in making that decision, any meetings
at which discussions leading to that decision took place, the communication of that decision to
any members of the Brimonidine—X proj ect team and all documents related in any way to
Allergan’s decision to use a 0.15%(w/v) brimonidine compositio or in Phase III clinical trials.
Dated: July 12, 2005 (mj
Jo W. Ingersoll (No. 1 8)
Jo W. Shaw (No. 3362)
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, Inc.,
and Alcon Research, Ltd.
Of Counsel:
Daniel J. Thomasch »
Brian D. Coggio
M. Veronica Mullally
Orrick, I-Ierrington & Sutcliffe LLP
666 Fifth Avenue
New York, NY 10103
Tel: (212) 506-5000
Fax (212) 506-5151
-2-

Case 1:04-cv—00968—G|\/IS Document 102 Filed 07/12/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I, John W. Shaw, Esquire hereby certify that on July 12, 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 July 12, 2005, I caused a copy of the foregoing document to be
served on the following non—registered participants in the manner indicated:
BY E—lVIAIL
Jonathan E. Singer, Esquire
Fish & Richardson, P.A.
3300 Dain Rauscher Plaza
60 South Sixth Street
Minneapolis, MN 55402
YOUNG CONAWAY TARGATT & TAYLOR, LLP
Josy . Ingersoll (No. 10
Jo . Shaw (No. 3362)
Karen E. Keller (N o. 4489)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19801
(302) 571-6600
j shaw@vc st. com
Attorneys for Defendants
WP3:l092430.l 63534.1001