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

Case 1:07-cv-00457-SLR

Document 78

Filed 07/30/2008

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) )

CANCER RESEARCH TECHNOLOGY LIMITED and SCHERING CORPORATION, Plaintiffs, v. BARR LABORATORIES, INC., and BARR PHARMACEUTICALS, INC., Defendants.

C.A. No. 07-457-SLR

NOTICE OF DEPOSITION PURSUANT TO FED. R. CIV. P. 30(B)(6) PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, plaintiffs Cancer Research Technology Ltd. and Schering Corporation (collectively, "Plaintiffs") will take the deposition by oral examination of defendants Barr Laboratories, Inc. and Barr Pharmaceuticals, Inc. (collectively "Barr"). The deposition will commence at 9:30 a.m. on August 13, 2008, at the offices of Ropes & Gray LLP, 1211 Avenue of the Americas, New York, New York 10036, or at such other time and place as counsel may agree. PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Barr is required to designate one or more officers, directors, managing agents, or other persons who will testify on its behalf with respect to each of the topics set forth in the attached Schedule A. In addition, Barr is requested to provide plaintiffs' counsel with written notice, at least one week in advance of the deposition, of the name and title of each witness who will testify on behalf of Barr, and the particular topic(s) set forth in Schedule A as to which each such witness will testify.

Case 1:07-cv-00457-SLR

Document 78

Filed 07/30/2008

Page 2 of 4

The deposition will be taken before a Notary Public or other officer authorized by law to administer oaths, and will continue from day to day until completed, weekends and holidays excepted, with such adjournments as to time and place that may be necessary. The deposition will be recorded by sound, video and/or stenographic means. You are invited to attend. MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Rodger D. Smith II
Jack B. Blumenfeld (#1014) Rodger D. Smith II (#3778) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiffs Cancer Research Technology Limited and Schering Corporation OF COUNSEL: Jesse J. Jenner Denise L. Loring Christopher J. Harnett ROPES & GRAY LLP 1211 Avenue of the Americas New York, NY 10036 (212) 596-9000 Dated: July 30, 2008
2432023

-2-

Case 1:07-cv-00457-SLR

Document 78

Filed 07/30/2008

Page 3 of 4

SCHEDULE A Definitions Plaintiffs incorporate by reference the Definitions set forth in Plaintiffs' First Set of Requests for Production of Documents and Things (Nos. 1-29). Deposition Topics 1. The to document produced by Barr at Bates without number limitation range the

BARR_TEMO_022471

BARR_TEMO_022525,

including

circumstances surrounding the preparation of the document, the contents of the document and the proper manner of interpretation of such document. 2. Any and all marketing data related to Barr's Temozolomide capsules,

including without limitation internally developed market studies, market forecasts, research reports, business plans, competitive analyses, sales projections, strategic plans, promotional plans and marketing plans, as well as externally purchased reports or analyses related to the scope and growth of, and competition and trends within, the market for Barr's Temozolomide capsules.

Case 1:07-cv-00457-SLR

Document 78

Filed 07/30/2008

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on July 30, 2008, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to: John C. Phillips, Jr., Esquire Brian E. Farnan, Esquire PHILLIPS, GOLDMAN & SPENCE, P.A. I further certify that I caused copies of the foregoing document to be served on July 30, 2008, upon the following in the manner indicated: John C. Phillips, Jr., Esquire Brian E. Farnan, Esquire PHILLIPS, GOLDMAN & SPENCE, P.A. 1200 North Broom Street Wilmington, DE 19806 George C. Lombardi, Esquire Taras A. Gracey, Esquire Stephanie S. McCallum, Esquire Mustafa A. Hersi, Esquire WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601 VIA ELECTRONIC MAIL and HAND DELIVERY

VIA ELECTRONIC MAIL And FIRST CLASS MAIL

/s/ Rodger D. Smith II
I. Rodger D. Smith II (#3778)