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

Case 1:04-cv-00901-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AFFYMETRIX, INC., Plaintiff/CounterDefendant, v. ILLUMINA, INC., Defendant/CounterPlaintiff. NOTICE OF DEPOSITION OF ILLUMINA, INC. PURSUANT TO FED. R. CIV. P. 30(b)(6) PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Plaintiff Affymetrix, Inc. ("Affymetrix"), by and through its attorneys, will take the deposition of Illumina, Inc. ("Illumina") by oral examination at the Hilton San Diego Airport/Harbor Island Hotel, 1960 Harbor Island Drive, San Diego, California, 92101. Illumina is directed, pursuant to Federal Rule of Civil Procedure 30(b)6), to designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf with respect to the matters set forth in Exhibit 1. The deposition will commence at 9:00 a.m. on January 30, 2006. The deposition will be recorded stenographically, with the capacity to provide instant visual display or playback of the testimony, and by video by an officer authorized to administer oaths. All counsel are invited to attend and examine the witness. C.A. No. 04-901-JJF

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MORRIS, NICHOLS, ARSHT & TUNNELL

/s/ Melissa Stone Myers Jack B. Blumenfeld (#1014) Maryellen Noreika (#3208) Melissa Stone Myers (#3985) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 Attorneys for Plaintiff/Counter-Defendant Affymetrix, Inc. OF COUNSEL: Michael J. Malecek Daniel R. Reed George C. Yu Andrea L. Gross AFFYMETRIX, INC. 6550 Vallejo Street, Suite 100 Emeryville, CA 94608 (510) 428-8500 December 22, 2005

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EXHIBIT 1 DEFINITIONS Affymetrix hereby incorporates by reference the Definitions included in Affymetrix, Inc.'s First Set of Requests for Production of Documents, served on February 8, 2005, Affymetrix, Inc.'s Second Set of Requests for Production of Documents, served on March 30, 2005, and Affymetrix, Inc.'s Third Set of Requests for Production of Documents, served on July 20, 2005. AREAS OF TESTIMONY 1. 2. 3. services. 4. The design, testing, manufacture, and use of the Sentrix® Genome-Wide The design, testing, manufacture, and use of the InfiniumTM assay. The design, testing, manufacture, and use of the GoldenGate® assay. The design, testing, manufacture, and use of custom genotyping products and

Expression BeadChips 5. The design, testing, manufacture, and use of focused-content and custom gene

expression products and services. 6. 7. 8. 9. 10. The design, testing, manufacture, and use of the DASLTM assay. The design, testing, manufacture, and use of Array Matrix products. The design, testing, manufacture, and use of BeadChip products. The design, testing, manufacture, and use of the BeadArrayTM Reader. The design, testing, manufacture, and use of the BeadStation 500G, BeadStation

500X, and BeadStation 500GX systems. 11. The design, testing, manufacture, and use of the BeadLab systems.

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12.

The design, testing, manufacture, and use of software used with any of the

products or systems described in Topics 1-11.

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CERTIFICATE OF SERVICE I hereby certify that on December 22, 2005, I electronically filed the foregoing document using CM/ECF which will send notification of such filing(s) to the following: Richard K. Herrmann Morris, James, Hitchens & Williams LLP I also certify that copies were caused to be served on December 22, 2005 upon the following in the manner indicated: BY HAND Richard K. Herrmann Morris, James, Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor P.O. Box 2306 Wilmington, DE 19899-2306 BY FEDERAL EXPRESS Marcus E. Sernel Kirkland & Ellis LLP 200 East Randolph Drive Chicago, IL 60601

/s/ Melissa Stone Myers Melissa Stone Myers (#3985) 1201 N. Market Street P. O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected]