Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—OO833-KAJ Document 151-2 V Filed 11/O2/2005 Page 1 013

Case 1 :04-cv—OO833-KAJ Document 151 -2 Filed 1 1/O2/2005 Page 2 of 3
1221 Avenue of the Amerlcos
somwrwscaem mm at nosrwrmu up NGWYOK NY ,0020
212.76a.6700 igscgggfy
212.768.68OO fox LOS Angélés
Michaels Gugig wwwsonnenscheincom New York
21 2.768.0907 Son Francisco
[email protected] ShO"HI/IS, ML
St. Louis
Washington D. C.
West Palm Beach
October 26, 2005
VIA FAQ§1MILE AND E-MAIL
Jeffrey A. Steck Esq.
McDonnell Boehnen Hulbert & Berghoff LLP
300 South Wacker Drive
Chicago, Hlinois 60606
Re: Pharmacia & Upjohn Co. LLC v. Sicor, Inc., et al., Case No. 04-833-KAJ
Dear Mr. Steck:
We received today, a bit more than one month before the discovery cutoff} an additional
450 pages of Pharmacia’s privilege log — bringing the log to some 950 pages in length. Based
upon the representation in Ms. Norieka’s October 7, 2005 letter to the Court, we reasonably
believed we had received the entirety of Pharmacia’s privilege log when we received the second
250-page installment on or about October 10. Apparently we were wrong. Moreover, to my
knowledge, none of Pharmacia’s attomeys has represented even at this late date that today’s 450-
page installment completes the entire privilege log. Please let me know immediately whether
this is the case, as we have been working diligently to get through your prior two 250-page
installments and the discovery cutoff is fast approaching. In any event, we believe that today’s
450-page installment is untimely and reserve the right to seek all available remedies.
Further, your October 17, 2005 letter to me listed some 180 individuals who are
mentioned in the iirst 500 pages of Pharmacia’s privilege log, but who you describe in your letter
only as "attomeys or foreign patent agents," without any additional identifying information.
This is insufficient to support your privilege claim. In many foreign jurisdictions, the attomey-
client privilege and work product doctrine are either not recognized, or are significantly limited
in scope. Many entries on the privilege log appear to relate to legal services perfonned in
countries other than the United States. With respect to these entries, the privilege log as
presented does not and carmot meet plaintiffs burden of establishing the applicability of the
privilege(s) asserted.

Case 1 :04-cv—0O833-KAJ Document 151 -2 Filed 1 1/02/2005 Page 3 of 3
Sonnenschein
SONNENSCHEIN NATH Us ROSENTHAL LLP
Jeffrey A. Steck Esq.
October 26, 2005
Page 2
So as to avoid court intervention in connection with these issues, please set forth the
identity of the country in which legal services were performed with respect to each entry on
plaintiffs privilege log — including the 450 pages produced today. In addition, please provide
the following information with respect to each of the 180 individuals identified in your October
17 letter, and any additional "attorneys or foreign patent agents" included on today’s submission:
· Whether the individual was acting as an attomey or as a patent agent.
· The nation(s) in which the individual is licensed to practice either as an attorney
or a patent agent.
· The 11ation(s) in which the individual performed legal services for plaintiff
Pharmacia & Upjohn Co. LLC, and the nature of such services (if plaintiff` s
privilege claim is based upon legal services performed for an affiliate,
predecessor, successor, subsidiary or parent of plaintiff; please also identify that
affiliated entity).
· The last known contact information for each individual.
Given the short time remaining in the discovery period, please provide this information as
quickly as possiale, but in no event later than the close of business on Tuesday, November 1,
2005. Please feel free to contact me with any questions you may have.
Very urs
c 1 S. gig
cc: Daniel Boehnen
Maryellen Noreika
Joshua Rich
Steven Balick
17497264

Case 1:04-cv-00833-KAJ

Document 151-2

Filed 11/02/2005

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Case 1:04-cv-00833-KAJ

Document 151-2

Filed 11/02/2005

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Case 1:04-cv-00833-KAJ

Document 151-2

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