Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00833-KAJ Document 101-9 Filed 09/15/2005 Page 1 013
EXHIBIT G

Case 1:04—cv—00833-KAJ Document 101 -9 Filed 09/15/2005 Page 2 of 3
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m. lilcbonnelt Boehnen Hulbert Si Berghott up soo soon wana one 312913 com phone U5
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July 18, 2005
Sent Via Facsimile (212) 7686800
Brian T. ll/loriarty
Sonnenschein Nath & Rosenthal LLP
1221 Avenue ot the Americas
New York, New York 10020
Re: Pharmacia & Lipjohn Company LLC v. Sicor et al.
U.S. District Court tor the District ot Delaware (C.A.. No. 04-883)
Dear Brian:
We write regarding supplementation ot Sicor’s responses Pharmacia's First Set oi
interrogatories. As you know, Sicor provided initial responses on January 7, 2.005
and supplemental responses on February 4, 2005. Sicor's responses have not
been supplemented since that time and to date, Sicor has not agreed to
supplement its responses further at any reasonable time.
As described in correspondence in January and February, Pharmacia beiieves that
each ot Sicor's responses to the First Set of interrogatories is incomplete. Sicor
as much as admitted that was the case in its l\/larch 16, 2005 letter, when it
described the interrogatories as “premature” despite the Courts admonition to
senre contention interrogatories at an early stage ot the case. Any argument
regarding the time of serving the interrogatories has evaporated, however, with the
passage of over tive months since Sicor’s srrpplernental responses. Thus, we
believe that there is no reason for Sicor's taiiure to provide complete irrterrogatory
responses at this time.
Pharmacia has been greatly preiudiced by Sicor’s deiay, especiaily in iight ot the
tact that opening expert reports are due on August 5, 2005. Under these
circumstances, unless we receive complete and clear supplemental responses to
Pharrnaica's First Set of interrogatories by Juiy 22, 2005, we will be cornpeiled to

Case 1:04-cv-00833-KAJ Document 101-9 Filed 09/15/2005 Page 3 of 3
ask the Court to bar Sicor from introducing evidence that shouid have beers
provided in response to Pharrncia’s First Set of interrogatories.
Pioase contact us if you have any questions.
Very truly yours,
&··J~—~—·——-—-—— YM
Joshua R. Rich
312 913 2133
[email protected]
McD¤nne!§ Buehnen Hulbert & Berghutf uy Briar; T. Moriarty 2 Juiy 18, 2005

Case 1:04-cv-00833-KAJ

Document 101-9

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EXHIBIT G

Case 1:04-cv-00833-KAJ

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Case 1:04-cv-00833-KAJ

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