EXHIBIT 10
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May 3. 2005
Sent Via Facsimile (212) 7686800
Brian T. Moriarty
Sonnenschein Nath & Rosenthal LLP
1221 Avenue ofthe Americas
New York, New York 10020
Re; Pharmacia 8. Upjohn Company LLC v. Sicor lnc. and Sicor Pharmaceuticals, lnc.
A _ Civil Action No. 044333
U S. District Court for the District of Delaware
Dear Brian:
we were surprised to receive deposition notices for the inventors of the subject matter of
the '285 patent, especially in light of your April 22, 2005 letter requesting a telephone
conference yesterday or today regarding the depositions. Sending formal notices in the
·‘ face of your request to discuss them first is scarcely the sort of cooperation Judge Jordan
has sought to encourage.
As a point of clarification, your letter inaccurately states that we told you that we represent
all of the inventors in relation to this case. We have represented all of them at various
times, but they vary in their willingness to participate in this case. We currently represent
Drs. DePonti, Gambini, and Gatti in their personal capacities in relation to this case; should
Drs. Bottonl, Confalonieri, and Oldani be required to testify, we anticipate that they will ask
us to represent them.
You inquired regarding the relationship between the inventors and Pharmacia & Upjohn
Company LLC. None of the inventors is now employed by Pharmacia & Upjohn or any
other Pfizer company; it is our understanding that several of them are completely retired.
That is, none of the inventors is a "party†such that his deposition could be compelled by a
deposition notice. Nonetheless, we are working to try to facilitate the depositions. We
believe that Drs. DePonti, Gambini, and Gatti will appear voluntarily, but in Italy. Further, it
will likely be helpful to have a translator available for the depositions, as all three witnesses
are native speakers of Italian. We will keep you informed as we obtain more information.
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Very truly yours, I
&»l.1~e.*Ba.,_____
Joshua R. Rich A
312 913 2133
rich@ml:>hb.com
cc: John G. Day
- Maryellen Noreika
' McDum1al| Buahnan Hulbert & Barghuff LLP Brian T. Moriarty 2 May 3, 2005
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Case 1:04-cv-00833-KAJ
Document 124-7
Filed 10/05/2005
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Case 1:04-cv-00833-KAJ
Document 124-7
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Document 124-7
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