Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00833-KAJ

Document 102-2

Filed 09/16/2005

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EXHIBIT A

Case 1:04-cv-00833-KAJ

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Filed 09/16/2005

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Rough Draft of Transcript Page 328 1 2 3 4 5 6 September 7 8 letter 9 10 11 who 12 13 14 15 16 17 him? 18 19 just 20 discuss 21 22 discussion 23 of other than here's the letter that was the result it, no. A. I don't recall any specific you discussed it, yes, if you did not A. Not in any substance, other than -MR. BAUM: The question is really had stamped it as received. Q. A. Q. A. Q. And that was Wesley Fach? Yes. That's Sicor's general counsel? Yes. Did you discuss the letter with onto other people? A. My recollection is when I received this, I walked next door and handed it to counsel 1st. Q. And did you then distribute this A. ROUGH DRAFT - CONFIDENTIAL Q. Let's just create the record and see You did receive this letter on September 1st, thereabouts? Thereabouts. Actually, on where we wind up.

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the phone call that he's eluding to here. Q. So, --

Rough Draft of Transcript Page 329 1 2 3 4 5 6 with 7 8 9 10 gotten a 11 12 13 14 you're 15 16 17 the 18 19 20 him phone call and I'm really not going to let you ask more specific questions. MR. BOEHNEN: Are you instructing getting into the details of what he did or did not discuss. You can ask him if after the phone call he spoke to counsel about phone call from Mr. Wayne advising you of the issuance of a new patent on the ready to use formulation? MR. BAUM: No, objection. Now A. Q. Mr. Fach? MR. BAUM: Yes or no. Discuss, briefly. Did you tell him that you had ROUGH DRAFT - CONFIDENTIAL MR. BAUM: That's probably all I'm But if going to let you about the letter. Q.

you want to ask something, take a shot. When you got the earlier phone call from Mr. Wayne, did you discuss that phone call

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not to answer? MR. BAUM: Q. instructions? A. Yes. Yes, I am. Are you taking your counsel's

Rough Draft of Transcript Page 330 1 2 3 and 4 in 5 6 your 7 8 answer. 9 10 11 12 that 13 exploring 14 15 16 you're 17 asking about specific conversations with other aspects of this, you would also give him an instruction not to answer. MR. BAUM: It depends. I mean, Mr. Baum that if I were to continue Please just give a beat and wait for me, particularly on these questions, too, to interpose an objection. MR. BOEHNEN: Is it fair to say head, yes or no. question. He's not answering that I'm instructing him not to more detail? MR. BAUM: No, please don't shake to get back with you later on and you discuss it Q. ROUGH DRAFT - CONFIDENTIAL Did you and Mr. Fach make, discuss arrangements to, for him to consider this issue

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18 19 20 I 21 It's 22 23 24 25

counsel. MR. BOEHNEN: MR. BAUM: Yes. Those questions are not,

am going to instruct him not to answer. not to say that you can't ask some other question about the letter, that would be okay. Q. All right. Let me give you the

Rough Draft of Transcript Page 331 1 2 3 description, 4 5 6 7 this? 8 9 ask 10 11 12 13 seen 14 this document and I believe it was him a question? MR. BOEHNEN: MR. BAUM: Certainly. (Off the record.) This is the first I've MR. BAUM: Can you just give me a moment to review this letter before you was marked for identification as of this date.) Q. This is a one page document bears Do you see production number Sicor PNU 024377. ROUGH DRAFT - CONFIDENTIAL document marked as Exhibit 53. (Plaintiffs' Exhibit ^ , ^

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15 going 16 17 18 the 19 confess 20 21 the 22 protective 23 fact, 24 25 but

inadvertently produced to you and we're to request that you return it to us as an inadvertently produced document. MR. BOEHNEN: Well, I don't have

protective order in front of me and I I not familiar with the details. MR. BAUM: protective order. It's less than issue of Of course the

order it does not have a time limit in I know that, for us to tell you that the document has been inadvertently produced

Rough Draft of Transcript Page 332 1 2 issue. 3 4 So 5 you 6 office. to return it, all copies back to our I am immediately doing my duty to ask for This is the first we've known of this document being produced to my knowledge. ROUGH DRAFT - CONFIDENTIAL this is more specifically a privilege

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7 return 8 have 9 protective 10 proceed 11 12 13 14 you 15 16

MR. BOEHNEN:

Okay, before we

anything, I am going to want to at least a chance to go back and check the order and see how we're supposed to under the protective order. MR. BAUM: That's certainly fine. Is it fair to say for MR. BOEHNEN:

now if I ask him any questions about this will instruct him not to answer. MR. BAUM: Yes.

Transcript continues on other topics