Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-00901-JJF Document 403 Filed 03/02/2007 Page 1 of 2
Mounts, Nrot~1toLs, Ansar & TUNNEL;. LLP
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[email protected] March 25
BY E-FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court
for the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Affymetrix, Inc. v. Illurnina Inc., C.A. No. 0· Dear Judge Farnan:
As discussed during today’s hearing, enclosed are the “RoyaltySource" documents that
are the subject of I1lun1ina’s Motion in Limine No. 5. (Letter Exhibit 1).
For the Court’s infomation, l also enclose two pages that describe the RoyaltySource
service. These documents, which corne from the RoyaltySource service itseli explain that
Roya1tySource is a public database of infomation about royalty rates in various industries. Dr.
Lynde, Affyrnetrix’s expert, will testify at trial (as he did in his deposition) that RoyaltySource
information "can be used appropriately and with appropriate care to provide some information as
to the reasonable royalty negotiation? 2/2/2007 Lynde Dep. at l0 W 12 (attached as Exhibit B to
Affynu-:trix’s Opposition to Illumina’s Motion in Limim-2 No. 5.)
Affymetrix maintains that it is appropriate under Rule 703 for Dr. Lynde, an expert, to
rely on information used by experts in his field to arrive at an understanding of a reasonable
royalty rate in this rnatter. RoyaltySource is one such source of information. Affymetrix will not
seek to admit the RoyaltySource documents themselves nor will it publish them to the jury.

Case 1:O4—cv—OO901-JJF Document 403 Filed O3/O2/2007 Page 2 of 2
The Honorable Joseph J . Famau, Jr.
March 2, 2007
Page 2
I also note (as Affymetrix pointed out in its Opposition to Illumina’s motion) that
Affymerrix did in fact produce all RoyaltySource considered by Dr. Lynde to Illumina during the
course of expert discovery.
Respectfully,
MN/dlb
Enclosure
cc: Dr. Peter T. Dalleo, Clerk (By electronic filing; wl enc!.)
Richard K. Herrmann, Esquire (By Hand and electronic filing; wf encl.)
Marcus E. Sernel, Esquire (By email; w/ encl.)