Free Redacted Document - District Court of Delaware - Delaware

l Case 1 :04-cv-OO171-GIVIS Document 69-6 Filed O9/28/2005 Page 1 of 2
t Morgan, Lewls & Bockius up '
l ,E¤u¤ Moreau Lewis
Nourerxnrtcsva-0060 ,:,),,,,,1,,},),,,, H. uw
Tet: 2t2.309.6GG0
I iax: 212.309.6BOl
WWV•'.Hl0{Q&RiEWiS.CDm
Thomas J. Puppa
212-309-2118
I tp¤[email protected]
I June 6, 2005
VIA FACSIIVHLE
i John M. Bems, Esq.
Merchant & Gould
l 3200 {DS Center
80 South Eighth Street
Minneapolis, MN 55402
I Re: Glaxo Group Limited v. Teva Pharmaceuticals USA, Inc. and T eva Pharmaceutical
Industries Limited Civil Action No. 04-171-KA.}
l Dear John:
I am writing to follow up on our telephone conversation on Friday June 3, 2005, with regard to
I Teva’s responses to Glaxo’s Requests for Admissions.
As I explained, G1axo’s concern is that it have, in a form admissible at trial, evidence of
infringement for each ofthe claim limitations that Teva acknowledges are found in its accused
generic ranitidine oral solution product. This has not been accomplished bythe responses Teva
has provided thus far. 1 also understand your concern to be that Teva not be bound by
admissions in this case with respect to future ranitidine oral solutions. Glaxo does not seek
i admissions for future formulations, but Glaxo does seek binding admissions for the ranitidine
oral solution currently proposed in its ANDA No. 76-937. We though this was clear Born the
deiinition of ’l`eva’s ANDA product contained in Glaxo’s Request for Admission.
I Since both parties have agreed to eliminate discovery on the “non-ethanol“ claim limitations in
exchange for Teva’s admissions we do not understand ’l`eva's objection to providing unqualified
I admissions. We would like to resolve this issue without further involvement from the Court.

I Case 1 :O4—cv—OO171-Gl\/IS Document 69-6 Filed O9/28/2005 Page 2 of 2
Morgan Lewis
I MBTKD. SCh\11'Â¥lE1H,ESq. cnuxunons rr Lgt
June 6, 2005
l Page 2
Please let me know if Teva will admit, without qualification, Glaxo’s Requests for Admission
I Nos. I-3, 6, 1}-21, and 24. I look forward to your prompt response.
Very truly yours,
I ··"'/-_
I Thomas J. Puppa

Case 1:04-cv-00171-GMS

Document 69-6

Filed 09/28/2005

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Case 1:04-cv-00171-GMS

Document 69-6

Filed 09/28/2005

Page 2 of 2