Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 400 Filed 03/02/2007 Page 1 of 1
M °
OITIS JHHIGS LLP
Richard K. Herrmann
$02888.6816
[email protected]
March 2, 2007
VIA ELECTRONIC FILING
AND HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
USDC for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Ajiimetrix, Inc. v. Illumina, Inc., D. Del., C.A. N0. 04-901-JJF
Your Honor:
Pursuant to the Court’s order, I submit, along with the hard copy of this letter, on
behalf of Illumina copies of Affymetrix’s proposed demonstrative exhibits for which Illumina
has objections. The list of Illumina’s specific objections to each of these demonstratives, along
with a key explaining these objections, is also enclosed. While there are several objectionable
demonstratives, the objections can be grouped into a handful of broad categories: (1)
demonstratives that relate to Affymetrix’s attempt to inject new and speculative damages
theones with respect to 2006 sales, (2) demonstratives that mischaracterize the breadth and
impact of Affymetrix’s purported inventions, (3) demonstratives that mischaracterize I1lumina’s
products and assays, and (4) demonstratives that seek to inject issues that are irrelevant and
prejudicial to the issues to be tried in the phase one trial. Illumina hopes and expects that the
Court’s rulings on the motions in limine and other pending matters at the hearing today will
address most, if not all, of the objections with respect to these demonstratives.
We look forward to addressing these matters in more detail with the Court later
today.
Respectfully,
Richard Hernn§g, I.D. No. 405
[email protected]
cc: Maryellen Noreika, Esq. (via email w/o exhibits and hand delivery w/exhibits)
Daniel Reed, Esq. (via email w/o exhibits)
500 Delaware Avenue, Suite 1500 | Wilmington, DE 19801-1494 T302.8886800 F302571.1750
Mailing Address P.O. Box 2306 1 Wilmington, DE 19899-2306 www.morrisjames.com