Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-00833-KAJ

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Filed 06/27/2006

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EXHIBIT L

Case 1:04-cv-00833-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PHARMACIA & UPJOHN COMPANY, LLC Plaintiff, Civil Action No. 04-833 KAJ SICOR, INC., and SICOR PHARMACEUTICALS, INC. Defendants.
PHARMACIA'S RESPONSE TO DEFENDANTS' FIRST REQUEST FOR ADMISSIONS

Plaintiff Pharmacia & Upjohn Company, LLC ("Pharmacia"), by and through its undersigned attorneys and pursuant to Rule 36 of the Federal Rules of Civil Procedure, respond to Defendants' First Request for Admissions as follows:

GENERAL OBJECTIONS
1. Pharmacia objects to Defendants' Request for Admissions as being overly

burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Specifically, Defendants have served 174 requests for admission, almost none of which relate to references specifically asserted by Defendants as being relevant to the validity of the asserted claims. See Defendants' Second Supplemental Response to Interrogatory No. 1. Furthermore, Defendants have requested admissions of purported facts that are obtainable from other sources that are more convenient, less burdensome, and less expensive than Pharmacia.
2.

Pharmacia objects to Defendants' instructions as attempting to place burdens

upon Pharmacia that are not permissible under Rule 36 of the Federal Rules of Civil

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Request for Admission No. 35
Admit that AdriamycinB Product Insert (a representative copy of which is attached as Exhibit R) was issued or otherwise published before August 2, 1985.

Response to Request for Admission No. 35
Denied. Exhibit R is dated December 1985.

Request for Admission No. 36
Admit that AdriamycinB Product Insert (a representative copy of which is attached as Exhibit R) was made available to the public before August 2, 1985.

Response to Request for Admission No. 36
Denied. Exhibit R is dated December 1985.

Request for Admission No. 37
Admit that Arcamone et al., Biotechnol. Bioengin. XI: 1101-10 (a representative copy of which is attached as Exhibit S) was issued or otherwise published before August 2, 1985.

Response to Request for Admission No. 37
Pharmacia objects to the term "was issued or otherwise published" in the context of Request for Admission No. 37 as being vague, undefined, and unclear. Without waiving that objection or the General Objections and after reasonable inquiry, Pharmacia has determined that the information known to or readily obtainable by it is insufficient to determine with certainty whether Arcamone et al., Biotechnol. Bioengin. XI: 1101-10 was issued or otherwise published before August 2, 1985. However, Pharmacia currently has no reason to deny that Arcamone et al., Biotechnol. Bioengin. XI: 1101-10 was published before August 2, 1985.

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Request for Admission No. 44
Admit that Beijnen et al. (1985) J. Paren. Sci. Tech., 39:220-222 (a representative copy of whch is attached as Exhibit V) was made available to the public before August 2, 1985.

Response to Request for Admission No. 44
Denied.

Request for Admission No. 45
Admit that Benvenuto et al. (1981) Am. J. Hosp. Pharm., 38:1914-1918 (a representative copy of which is attached as Exhibit W) was issued or otherwise published before August 2, 1985.

Response to Request for Admission No. 45
Pharmacia objects to the term "was issued or otherwise published" in the context of Request for Admission No. 45 as being vague, undefined, and unclear. Without waiving that objection or the General Objections and after reasonable inquiry, Pharmacia has determined that the information known to or readily obtainable by it is insufficient to determine with certainty whether Benvenuto et al., Am. J. Hosp. Pharm., 38: 1914-18 was issued or otherwise published before August 2, 1985. However, Pharmacia currently has no reason to deny that Benvenuto et al., Am. J . Hosp. Pharm., 38:1914-18 was published before August 2, 1985.

Request for Admission No. 46
Admit that Benvenuto et al. (1981) Am. J. Hosp. Pharm., 38:1914-1918 (a representative copy of which is attached as Exhibit W) was made available to the public before August 2, 1985.

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Response to Request for Admission No. 46
Pharmacia objects to the term "was made available to the public" in the context of Request for Admission No. 46 as being vague, undefined, and unclear. Without waiving that objection or the General Objections and after reasonable inquiry, Pharmacia has determined that the information known to or readily obtainable by it is insufficient to determine with certainty whether Benvenuto et al., Am. J . Hosp. Pharm., 38: 1914-1918 was made available to the public before August 2, 1985. However, Pharmacia currently has no reason to deny that Benvenuto et al., Am. J. Hosp. Pharm., 38:1914-18 was published before August 2, 1985.

Request for Admission No. 47
Admit that Berman et al. (1983) Cancer Res., 43:6069-101 (a representative copy of which is attached as Exhibit X) was issued or otherwise published before August 2, 1985.

Response to Request for Admission No. 47
Pharmacia objects to the term "was issued or otherwise published" in the context of Request for Admission No. 47 as being vague, undefined, and unclear. Without waiving that objection or the General Objections and after reasonable inquiry, Pharmacia has determined that the information known to or readily obtainable by it is insufficient to determine with certainty whether Bennan et al., Cancer Res., 43:6069-101 was issued or otherwise published before August 2, 1985. However, Pharmacia currently has no reason to deny that Berman et al., Cancer Res., 43:6069-101 was published before August 2, 1985.