Free Redacted Document - District Court of Delaware - Delaware

l Case 1 :04-cv-OO171-GIVIS Document 69-4 Filed O9/28/2005 Page 1 of 2
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[ ’¥’§."*§t‘2r§il§... °° “‘” Morgan Lewts
hEewYork,NYtO178·OO60 c0,,,_,,,,L0,, H Mw
Tel: 212.309.6000 `
Fax: 212.309.600i
www.m¤rganlewis.com I
I Brian P. Murphy
(212}3G9-2108
bmu:pnyQmergantewls.com
September 14, 2005
l VIA FACSIMILE and FEDERAL EXPRESS
Mark D. Schuman, Esq. `
E Merchant & Gould
3200 IDS Center
80 South Eighth Street
I Minneapolis, W`} 55402
I Re: Glaxo Group Limited v. Teva Pharmaceuticals USA, Inc. et al.,
Civil Action No. 04—l7l —KAJ
I Dear Mark:
l write in view of the upcoming status conference with Judge lordan to address what have
become serious issues with Teva’s failure to meet its discovery obligations. There have now
I been two discovery teleconferences with Judge Jordan, on February 25, and Eune 30, 2005,
wherein Teva was ordered to comply with certain of GIaxo’s discovery requests. Teva, however,
has still not responded fully to Glaxo’s discovery requests or complied with Judge Jordan’s
! orders.
For example, Teva has not produced (i) the files or documents of Subrata Mazumder, the chief
g formulator of 'l`eva’s Ranitidine Oral Syrup; (ii) the development, batch, and stability records for
the various ranitidine oral syrup formulations tested by Novopharm and Teva; (iii) the ranitidine
oral syrup development report and (iv) the ranitidine oral syrup preformulation infomation
I package. These are just some of the many documents that were requested and ordred to be
produced but that Teva has failed to produce. 'l`eva’s non-responsiveness is unexcused, and
Glaxo will seek further relief from the Court, including, but not limited to, sanctions as permitted
I under Rule 37, Fed. R. Civ. P.
Glaxo also awaits updated discovery from Teva, especially the continuing stability testing and
I data from 'l`eva’s ANDA batch of Ranitidine Oral Syrup and any relevant correspondence with
the FDA not previously produced. Teva has an obligation to update this information under Rule
26. We again request immediate production of the updated stability testing and data from Teva’s
I ANDA batch of Ranitidine Oral Syrup.

I Case 1 :O4—cv—OO171-Gl\/IS Document 69-4 Filed O9/28/2005 Page 2 of 2
Mark D. Schuman, Esq. Mgrgn
l SBp'{BH1bEl'i4,20G5 counsxicns AT tu!
Page 2
' In view of Teva’s discovery deficiencies, Glaxo proposes that the dates for submission of expert
reports and the date for the close of discovery be extended per the enclosed proposed Stipulation.
I This minimal extension will permit the experts to consider the developing fact testimony without
impacting the remainder ofthe schedule. Please let me know if you will agree to this extension
and sign the enclosed Stipulation.
l Due to the upcoming deadlines and despite Teva’s document production deficiencies, Glaxo will
proceed with the deposition of Mr. Subrata lviazumder on October 7, 2005 and Real Duteau on
I October 14, 2005. Glaxo reserves its right to reexarnine these, and any other witnesses, at 'l`eva’s
expense if Teva produces any additional documents aiier their depositions. I enclose the
appropriate deposition notices.
Very truly yours,
i Enos. Brian P. Murphy 5
cc: Francis DiGiovannni, Esq. (via Federal Express)
l Josy W. Ingersoll, Esq. (via Federal Express)

Case 1:04-cv-00171-GMS

Document 69-4

Filed 09/28/2005

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Case 1:04-cv-00171-GMS

Document 69-4

Filed 09/28/2005

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