Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:07-md-01866-GMS

Document 67

Filed 08/06/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN RE: BRIMONIDINE PATENT LITIGATION

C.A. 07-md-01866 GMS

NOTICE OF DEPOSITION OF DEFENDANT APOTEX CORP. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6) PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Plaintiff Allergan Inc. ("Plaintiff') by its counsel, will take the deposition of Defendant Apotex Corp. ("Apotex" or "Defendant") at 515 E. Las Olas Boulevard Suite 1300, Ft. Lauderdale, FL 33301, commencing at 9:00 a.m. on August 25, 2008, or at such other place and time as may be agreed upon by counsel. The deposition will continue from day to day until completed. Some or all of the deposition testimony may be recorded by stenographic, audio, audiovisual, video, and/or real-time computer means. The subject matters of the deposition are enclosed herein. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Defendant is obligated to designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf concerning the matters set forth in the attached Appendix. Plaintiff requests that Defendant provide, on or before August 11, 2008, a written designation of the names and positions of the officers, directors, or other persons who are most competent to testify concerning the topics set forth below, and for each person designated, the matters on which he or she will testify.

Case 1:07-md-01866-GMS

Document 67

Filed 08/06/2008

Page 2 of 5

DEFINITIONS The definitions set forth in Plaintiff's First Set of Interrogatories shall apply as if fully set forth herein. RULE 30(b)(6) TOPICS FOR DEPOSITION 1. 2. 3. 4. The formulation of Defendants' proposed brimonidine products. The development of Defendants' proposed brimonidine products. The intended use of Defendants' proposed brimonidine products. All testing of Defendants' proposed brimonidine products, or any formulations

considered, tested, or employed in the development of Defendants' proposed brimonidine products, or any components of Defendants' proposed brimonidine products. 5. The selection of the components of Defendants' proposed brimonidine products,

including the reason(s) for the selection. 6. 7. The selection of the pH of Defendants' proposed brimonidine products. Each component in Defendants' proposed brimonidine products, including its

concentration, its function(s) in the formulation, and its source(s). 8. Defendants' interactions with the FDA regarding Defendants' proposed

brimonidine products , ANDA No. 78-479, ANDA No. 78-480 , and/or Allergan's ALPHAGAN® P 0.15% and 0.1% products , including all communications with the FDA regarding ANDA Nos. 78-479, ANDA No. 78-480 , and/or Allergan 's ALPHAGAN® P 0.15% and 0.1 % products. 9. Any clinical trials or protocols for clinical trials conducted or prepared for ANDA

No. 78-479, ANDA No. 78-480 , or in connection with the development of Defendants' proposed brimonidine products.

2

Case 1:07-md-01866-GMS

Document 67

Filed 08/06/2008

Page 3 of 5

10.

Any bioequivalence and/or bioavailability studies or testing conducted or

prepared for ANDA No. 78-479, or ANDA No. 78-480, or in connection with the development of Defendants' proposed brimonidine products. 11. Any irritancy or animal studies or testing conducted or prepared for ANDA No.

78-479, or ANDA No. 78-480, or in connection with the development of Defendants' proposed brimonidine products. 12. The alleged therapeutic equivalence of Defendants' proposed brimonidine

products to Allergan's ALPHAGAN® P 0.15% and 0.1% products. 13. 14. All testing of Allergan's ALPHAGAN® P 0.15% and 0.1% products. The differences between Defendants' proposed brimonidine products and

Allergan's ALPHAGAN® P 0.15% and 0.1% products. 15. 16. 17. When Defendants became aware of the patents-in-suit. Defendants' knowledge of the patents-in-suit. Defendants' business reasons for developing the proposed brimonidine products

and filing ANDA Nos. 78-479 and 78-480. 18. Defendants' interactions with doctors and/or healthcare professionals with regard

to the proposed brimonidine product or potential brimonidine based ophthalmic products. 19. litigation. 20. litigation. The search for and collection of documents produced by Defendants in this The search for and collection of documents requested by Plaintiff in this

3

Case 1:07-md-01866-GMS

Document 67

Filed 08/06/2008

Page 4 of 5

CERTIFICATE OF SERVICE I hereby certify that on August 6, 2008, I electronically filed with the Clerk of Court the NOTICE OF DEPOSITION OF DEFENDANT APOTEX CORP. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6) using CM/ECF which will send electronic notification of such filing(s) to the following counsel.

BY EMAIL AND HAND DELIVERY Frederick L. Cottrell, III Kelly E. Farnan RICHARD, LAYTON & FINGER One Rodney Square P.O. Box 551 Wilmington, DE 19899 BY EMAIL AND FIRST CLASS MAIL Daniel G. Brown Arthur L. Hoag Barry S. White David A. Zwally Brian J . Malkin FROMMER LAWRENCE & HAUG LLP 745 Fifth Avenue New York, New York 10151

BY EMAIL AND HAND DELIVERY Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP Hercules Plaza 1313 North Market Street, 6th Floor P.O. Box 951 Wilmington , DE 19899 BY EMAIL AND FIRST CLASS MAIL Robert B. Breisblatt Stephen P . Benson Joanna R. Stevason Jeremy C . Daniel KATTEN MUCHIN ROSENMAN LLP 525 West Monroe Street Chicago , IL 60661-3696

5

Case 1:07-md-01866-GMS

Document 67

Filed 08/06/2008

Page 5 of 5

Dated: August 6, 2008

FISH & RICHARDSON P.C.

By: William J . arsden, S. (#2247) Susan M. oletti (#46 0) re 919 N. Mar uite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Email: [email protected] scoletti(a,fr.com Jonathan E. Singer Michael J. Kane Deanna J. Reichel FISH & RICHARDSON P.C. 60 South Sixth Street, Suite 3300 Minneapolis, MN 55402 Telephone: (612) 335-5070 Juanita Brooks FISH & RICHARDSON P.C. 12390 El Camino Real San Diego , CA 92130 Telephone: (858) 678-5070

W. Chad Shear
FISH & RICHARDSON P.C. 1717 Main St ., Suite 5000 Dallas, TX 75201 Telephone: (214) 747-5070
ATTORNEYS FOR PLAINTIFF ALLERGAN, INC.

60518485.doc

4