Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00833-KAJ Document 281 Filed 08/21 /2006 Page 1 of 2
ASHBY & GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
302-654-IBBS
222 DELAWARE AVENUE
FACSIMILE
P- O. $@2-654-2Q67
WILMINGTON. DELAWARE 19899
August 21, 2006
VIA ELECTRONIC FILING
The Honorable Kent A. Jordan
United States District Court
844 King Street
Wilmington, DE 19801
Re: Pharmacia & Upjohn Company LLC v. Sicor, Inc. et al.,
C.A. No. 04-833-KAJ
Dear Judge J ordan:
Pursuant to the Court’s Order of July 7, as amended on July 20, Sicor propounded written
deposition questions on Daniel Boelmen. Pharmacia served written responses that were not
executed or sworn to by Mr. Boehnen. (Exhibit 1).
Sicor has reviewed the responses and believes a few were non-responsive and others
incomplete. Sicor sent correspondence to Pharmacia requesting further answers and clarification
as well as formal execution of the responses under oath by Mr. Boelmen. (Exhibit 2). Pharmacia
responded that (without admitting that Mr. Boehnen’s answers were incomplete) Mr. Boehnen is
willing to provide an amended answer to Written Question No. 74, as well as thither responses to
what Pharmacia erroneously considers the "supp1emental questions" raised in Exhibit 2.
(Exhibit 3). Pharmacia would not, however, agree to have Mr. Boehnen formally execute his
responses under oath, although it has offered to have Mr. Boehnen sign the responses as an
officer ofthe Court.
Sicor respectfully requests that the Court either direct Mr. Boehnen to sign his responses
to Sicor’s written deposition questions under oath, or enter an order holding that Pharmacia has
waived any evidentiary objections it may have had to Sicor’s use of Mr. Boehnen’s responses at
trial based upon the fact that Mr. Boehnen has not formally attested to them. Sicor also is willing

Case 1 :04-cv—00833-KAJ Document 281 Filed 08/21/2006 Page 2 of 2
to accept Phar1nacia’s offer of further responses, but reserves the right to seek the Court’s
assistance should such further responses not be sufficient.
Respectfully,
/s/ John G. Day
Jolm G. Day (I.D. #2403)
J GD:r1ml
172344.1
cc: Clerk of the Court (via electronic filing)
Maryellen Noreika, Esquire (via electronic mail)
Reid L. Ashinofi Esquire (via electronic mail)
Daniel A. Boehnen, Esquire (via electronic mail)