Free Notice (Other) - District Court of Delaware - Delaware

, Case 1:04—cv-00939—GIV|S Document 45-2 Filed 10/31/2005 Page 1 014

Case 1:04—cv-00939—GlV|S Document 45-2 Filed 10/31/2005 Page 2 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
. * MERCK & CO., INC.,
Plaintiff,
SLIBPGENA IN A CIVIL CASE
V.
CASE NUMBER: C.A. No. 04-939-.JJF
TEVA PHARMACEUTICALS USA, ING., (Pending inthe United States
Defendant. District Court for the
District of Delaware)
TO: Custodian of Records
Procter 8. Gamble Co.
5201 Spring Grove Avenue
Cincinnati, OH 45217
YOU ARE GONIMANDED to appear in the United States District Court at the place, date, and time specified beiow to
testify in the above case.
mcs or rssnnouv ooenmoon
oats nno nas
YOU ARE CDMMANDED to appear at the date, place, and time specihed below to testify at the taking of a deposition in
the above case, on the subjects described in attachment A.
no ics iii >nrsiinj in time
YOU ARE GOMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list documents or objects):
SEE ATTACHMENT A
notes oats Alto one
Kenyon 8. Kenyon Novomber14, 2005
OneBroadway 10:00 At/I
New York, NY *10004
or at such other lace as the artles ma e ree .
YOU ARE COMMANDED to permit inspection cf the following premises at the date and time specihed below.
irisiviisisis jipnsi Tino time
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shalt designate one or more -
otlicers, directors, or managing agents, or other persons who consent to testify on its beiiaif. and may set forth, for each
person designated, the matters on which the person will testify. Federal Rules of Civli Procedure, 30{b)(S}.
ISSUENG OFFICE iGNATU AND) ITLE (lNDlCATE iF ATTORNEY FOR DATE
P ·. TIFF OR D i' " Eph October 31, 2005
4 " IM "‘ · ITU- (I I ' I Ccunsei for Defendant
, asso: c orricens - -. s, Aoonsss, Amo ssons rionesn
Jams Galbraith
Kenyon & Kenyon Tel: (212) 425-7200
One Broadway
New York, NY 10004
(See Rule 45, Federai Rules of Civil Procedure, Parts C & D on Reverse)
i it action is pending in district other than district ot issuance. state district under case number.

Case 1:04-cv-OO939—GlV|S Document 45-2 Filed 10/31/2005 Page 3 of 4
AD eogRov.1re»tjSubEoe¤ain a Civil Case
PROOF OF SERVICE
DATE r¤l.¤.ce
SERVED
SERVED on {PRtt~lT rwoei MANNER OF SERWCE
SERVED sv 4PRil~lT NAME) TETLE
DECLARATION OF SERVER
§ declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained inthe Proof of Service ls use and correct:
Executed on
DATE StGNATU RE DF SERVER
ADDRESS OF SERVER
Rule 45, Federal Ruies of Civil Procedure, Parts C & D:
tc) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. such a person may in order to attend trial be commanded to travel from
any such place within the state in which the trial is held; or
(1) A party or an attorney responsible for the issuance and (lll} requires disoiosure of privileged or other protected
service of a subpoena shalt take responsible steps to avoid imposing matter and no exception or waiver applies; or
undue burden or expense on a person subject to that subpoena. The (iv) subjects aperson to undue burden.
court on behalf or which the subpoena was issued shall enforce! this duty
and impose upon the party or attorney in breach of this duty an appropriate {B) It a subpoena
sanction which may include. but is not limited to, lost earnings and
reasonable attorneys fee. (D requires disclosure of a trade secret or other
oonndential research, development or commercial information; or
(2) (A) A person oornmerlded to produce and permit inspection (ii} requires disclosure of an unretained experts
and copying of designated books, papers, documents or tangibie things, or opinion or information not describing speoitic events or occurrences ln
inspection of premises need not ppear in person at the place of dispute and resulting from the experts study made not sttinrrequest of
production or inspection unless commanded to appear for deposition, any petty; or
hearing or trial. (iii} requires s person who is not a party or an ofioer of
a party to incur substantial expense to travei more than tttu miles to attend
(B) Subject to paragraph {d)[2) of this rule, a person trial, the court may, to protect a person Sbtbjéd to or affected by the
commanded to produceand permit inspection and copying may, within T4 subpoena, quash or modify the subpoena, or, if the party ln whose behalf .
days after service of subpoena or before the time speoined for oompiionoo the subpoena is issued shows s substantial need for the testimony or
` if such time is less than $4 days alter service, serve upon the party or material that cannot be otherwise met without undue hardship and assures
attorney designated in the subpoena written wjection to inspection or that the person to whom the subpoena is addressed will be reasonably
‘ copying of any or all ofthe designated materials or ofthe premises. lf compensated, the court may order appearance or production only upon
. objection is made, the party serving the subpoena shalt not be entitled to speoinad conditions.
inspect and copy materials or inspect the premises exoept pursuant to an
order ot the court by which the subpoena was issued. lf objection has td) Dl..i'i'lES iN P.ESPCli~il}tNG"'i`O SUBPOENA
been made, the party sewing the subpoena may, upon notice to the
person commanded to produce, move at any time for en order to compel (1) A person responding to a subpoena to produce documents
the production. Such an order to compel production shall protect any shall produce them as they are kept in the usual course of business or
person who is not a petty or an officer of a patty from signinoant expense shali organize and label them to correspond with the categories in the
_ resulting from the inspection sro copying commanded. demand.
n (3) {A) ·On timely motion, the court by which a subpoena was (2) When infomation subject to a subpoena is withheld on a
issued shall quash or modify thesubpoena ifit claim that it is privileged or subject to protection as trial preparation
materials, the cialm shall be mode expressly and shall be supported by a
ti) fails to allow reasonable time foroomplisnoe; description ofthe nature ot the documents, communications, or things not
(ii} requires a person who is not a petty or an ofttoer of produced that is stzflioient to ensoie the demanding party to contest the
a party to travel to a pleoe more than 100 mites from the place where that claim.
person resides, is employed or regularly transaots business in person,
except that, subject to the provisions of clause (c){3)(B)tiii) of this rule,

Case 1 :04—cv-00939—GIV|S Document 45-2 Filed 10/31 /2005 Page 4 of 4
ATTACHMENT A
t 1. All documents relating to any physician studies, attribute trackers, surveys or
interviews concerning physician or patient preference for ACTONEL or any
other bisphosphonate pro duct.
2. All documents relating to the decision to seek a dosing regime for ACTONEL
tablets other than once—daily.
3. All documents related to any dosing regimes for ACTONEL other than once daily.
4. Ali documents reflecting actual prescriptions written for ACTONEL from the
date of launch of once-daily ACTONEL until January 1, 2005.
5. All documents reflecting the amount of money actually spent on marketing
ACTONEL tablets Erom the date of launch of once-daily ACTUNEL until January 1,
2005.
6. All documents reflecting money allocated to marketing ACTONEL tablets
from the date of launch of once-daily ACTONEL tuitil January 1, 20,05..
7. All documents reflecting profit and loss statements for the ACTONEL
franchise from the date of launch of once-daily ACTONEL until January l, 2005.
8. Ali documents reflecting. reports nom P&G sales representatives regarding
individual meetings with physicians and reflecting physician statements regarding the
perceived. benefits ofthe ACTONTSL onceweekly dosing regime.
9. All documents retleeting the projected and actual number of physician visits
from P&G ACTONEL franchise saies representatives nom the date of launch of once-daily
ACTONEL until January 1, 2005.
10. All -docu.ments that reflect, discuss or otherwise analyze the growth in the
number of actual ACTONEL prescriptions written upon the launch of oncoweekly
ACTONEL.