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

Case 1:07-cv-00457-SLR Document 76 Filed 07/25/2008 Page 1 of 4
IN THE UNIT ED STATES DISTRICT COURT
FOR THE DISTRICT O}? DELAWARE
CANCER RESEARCH )
TECHOLOGY LIMITED and )
SCHERING CORPORATION, )
)
Plaintiffs. ) cn. Na. uv-457 (sm)
)
V. )
BARR LABORATORIES, INC., and )
BARR PHARMACEUTICALS, INC., )
Defendants. g
)
NOTICE OF DEPOSITION PURSUANT TO FED R. CIV. P. 30(b)(6)
OF CANCER RESEARCH TECHNOLOGY LIMITED
PLEASE TAKE NOTICE that on August 11, 2008, commencing at 9:30 am. at
the oftices of Winston & Strawn LLP, 35 West Wacker Drive, Chicago, Illinois 60601,
Defendants Barr Laboratories, Inc. and Barr Pharmaceuticals, Inc. ("Earr") will take a deposition
upon oral examination of Plaintiff Cancer Research Technology Ltd. ("CRT") pursuant to Rule
30(b)(6) ofthe Federal Ruies of Civil Procedure. The orai examination wil}. be conducted before
a court reporter, notary public, or other person authorized by law to administer oaths. The oral
examination will be recorded by stenographic and videographic means, and will continue from
day to day until completed. Atl counsel of record are invited to attend the deposition and
examine the deponents in accordance with the Rules.
No later than five business days prior to the scheduled deposition date, CRT is
requested to designate in writing to Barr the names of the persons who will testify on their
behalf, specifying the matters as to which that person will testify.

Case 1:07-cv-00457-SLR Document 76 Filed 07/25/2008 Page 2 ot 4
Barr serves this Notice without waiver of their objections to the deficiencies in
PlaintiiT`f’ s document production and other discovery responses concerning the subject matter of
the instant Notice, and reserves the right to continue this deposition as necessary in light of any
subsequent document production or discovery responses by Plaintiff.
TOPICS FOR EXAMINATION
1. The factual bases for CRT’s contentions of the commercial success of any
compound, including temozoloniide, allegedly claimed in U.S. Patent No. 5,260,291 (“the ‘291
patent"), including financial infomation related to sales, research and development costs, profits,
and marketing expenditures.
2. The factual bases for CRT’s contentions of any praise by those in the industry of
any compound allegedly claimed in the ‘29l patent, including temozoloniide.
3. The factual bases for CRT’s contentions of any unexpected results of any
compound allegedly claimed in the ‘29l patent, including temozolomide.
4. The factual bases for CRT’s contentions of any long—felt need for any compound
allegedly claimed inthe ‘29i patent, including temozolomide.
5. The factual bases for CRT’s contentions of any copying of any compound
allegedly claimed inthe ‘29l patent, including teznozolomide.
6. The factual bases for CRT’s contentions of any initial skepticism as to any
compound allegedly claimed in the ‘29l patent, including temozolomide.
7. The factual bases for CRT’s contentions relating to any secondary consideration
or objective indicia of non~obviousness of the ‘291 patent upon which CRT relies.
8. The existence and identity of individuals or companies that filed any certiiications
pursuant to 21 U.S.C. § 355(j)(2)(A)(vii)(lV) or served any Notice pursuant to 2l U.S.C. §
2

Case 1:07-cv-00457-SLR Document 76 Filed 07/25/2008 Page 3 of 4
355(i)(2)(B), which relate to the subject matter allegedly claimed in the ‘291 patent, including,
but not limited to, the FDA approved product Temodar®. A
9. Connnunications with any counsel, including communications seeking or
receiving the advice of counsel, relating to the prosecution ofthe applications leading to the ‘29l
patent.
ll). The factual bases for when the ‘29l patent and its applications were first enabled
under 35 U.S.C. §§ lOl and 112, and how they were enabled, including identification of the
source(s) of infomation that disclosed the utility of the claimed invention.
ll. The existence and identity of licenses, assignments, and royalties related to the
‘29l patent and/or any compound or product allegedly claimed by the ‘29i patent including, but
not limited to Temodar®.
l2. CRT’s participation in the prosecution of any and all patent applications that led
to the issuance ofthe ‘291 patent.
I3. The factual basis for the delay in prosecution ofthe patent applications that led to
the issuance of the ‘29l patent, including explanations for the series of abandonments,
continuation applications and extensions of time tiled with the U.S. i’atent and Trademark Office
during the prosecution ofthe applications leading to the issuance ofthe ‘29l patent.
14. The research, development and testing undertaken by CRT on any compound
allegedly claimed in the ‘29l patent, including in vivo, in vitro and clinical testing, and (a) the
identification of all individuals, whether employees of CRT or third parties, having a role in such
research, development or testing b) the dates of such involvement, and c) a description of such
involvement and testing results. `

Case 1:07-cv-00457-SLR Document 76 Filed 07/25/2008 Page 4 of 4
15. The solicitation of parties regarding funding for, investment in, licensing, or
purchase of the invention allegedly claimed in the ‘291 patent, including identification of the
individuals and companies contacted and their responses.
Dated: July 25, 2008 BARR LABORATORIES, INC. and BARR
PHARMACEUTICALS, INC.
R X m
By; . Zea/vL!»“
Iohn C. Phillips, Jr. (#110)
Brian E. Farnan (#4089)
PHILLIPS, GOLDMAN & SPENCE, P.A.
1200 North Broom St.
Wilmington, DE 19806
A Tele: (302) 655-4200
_ Fax: (302) 655-4210
George C. Lombardi (admitted pro hac vice)
Taras A. Gracey (admitted pro bac vice)
Ivan M. Pcullaos (admitted pro har: vice)
Julie Mano Johnson (admitted pro hoc vice)
WYNSTON & STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601
Tele: (312) 558-5600
` Fax: (312) 558-5700
Attorneys for Dejizrzdarzrs Barr Laboratories,
Inc. and Barr Pharmaceuticals, Inc.