Case 1:17-cv-00868-CFC-SRF Document 204 Filed 06/12/20 Page 1 of 5 PageID #: 7498
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiffs,
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`v.
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`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES, LLC,
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`L’ORÉAL USA, INC.,
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` Case No. 17-cv-868-CFC-SRF
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`Defendant.
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`NOTICE OF DEPOSITION PURSUANT TO RULE 30(b)(6)
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`PLEASE TAKE NOTICE that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil
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`Procedure, on June 19, 2020 and at a location to be agreed upon by the Parties, counsel for the
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`University of Massachusetts and Carmel Laboratories, LLC, will take the videotaped deposition(s)
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`of the designated representative(s) of L’Oréal USA, Inc., best able to testify as to the matters set
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`forth in Exhibit 1. L’Oréal USA, Inc., has a duty to designate one or more officers, directors,
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`managing agents, or other persons with sufficient knowledge to testify fully regarding the topics
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`listed in Exhibit 1. L’Oréal USA, Inc., shall identify the person(s) who will testify on its behalf
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`pursuant to this notice and the matter(s) about which each person will testify.
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`The deposition(s) will be taken before a Notary Public or some other officer authorized by
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`law to administer oaths for use at trial. The above deposition(s) will be videotaped and recorded
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`by stenographer and will continue from day to day until completed.
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`Case 1:17-cv-00868-CFC-SRF Document 204 Filed 06/12/20 Page 2 of 5 PageID #: 7499
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`Respectfully submitted,
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`FARNAN LLP
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`/s/ Brian E. Farnan
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`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw,com
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`DATED: June 12, 2020
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`Of Counsel:
`William Christopher Carmody
`Tamar E. Lusztig
`Beatrice C. Franklin
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
`tlusztig@susmangodfrey.com
`bfranklin@susmangodfrey.com
`Justin A. Nelson
`SUSMAN GODFREY L.L.P.
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Telephone: (713) 651-9366
`Facsimile: (713) 654-6666
`jnelson@susmangodfrey.com
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`Attorneys for University of Massachusetts
`and Carmel Laboratories, LLC
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`Matthew B. Lowrie
`FOLEY & LARDNER LLP
`111 Huntington Avenue, Suite 2600
`Boston, MA 02199
`Telephone: (617) 342-4000
`Facsimile: (617) 342-4001
`mlowrie@foley.com
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`Case 1:17-cv-00868-CFC-SRF Document 204 Filed 06/12/20 Page 3 of 5 PageID #: 7500
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`COMMONWEALTH OF MASSACHUSETTS,
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`By its attorney,
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`MAURA HEALEY
`ATTORNEY GENERAL
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`By: William Christopher Carmody
`William Christopher Carmody
`Special Assistant Attorney General
`SUSMAN GODFREY L.L.P.
`1301 Avenue of the Americas, 32nd Floor
`New York, NY 10019
`Telephone: (212) 336-8330
`Facsimile: (212) 336-8340
`bcarmody@susmangodfrey.com
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`Attorneys for Carmel Laboratories, LLC
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`Attorney for University of Massachusetts
`Medical School
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`Case 1:17-cv-00868-CFC-SRF Document 204 Filed 06/12/20 Page 4 of 5 PageID #: 7501
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`EXHIBIT 1
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`Definitions
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`1. The terms “Defendant,” “You,” “Your,” or “L’Oréal” shall refer to defendant L’Oréal
`USA, Inc., and shall include L’Oréal S.A. as well as L’Oréal USA Inc.’s parent,
`subsidiaries, affiliates, divisions, successors or assignees, and their respective officers,
`directors, employees, consultants, representatives, and agents.
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`2. The term “Document” or “Documents” is used in the broadest sense permitted by the
`Federal Rules of Civil Procedure and means the original (or any copy when originals are
`not available) and any drafts or non-identical copies thereof.
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`3. The terms “Asserted Patents” and “Patents-in-Suit” shall mean United States Patents No.
`6,423,327 and 6,645,513.
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`4. The term “Accused Products” refers to the products listed in Exhibit A to Plaintiffs’
`Disclosure of Asserted Claims and Initial Infringement Contentions, served on October 10,
`2019, subject to any subsequent supplement or amendment
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`5. The terms “all” and “each” shall be construed as “and,” “each,” and “and/or.”
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`6. The term “any” should be understood in either its most or least inclusive sense as will bring
`within the scope of the topic all responses that might otherwise be construed to be out of
`its scope.
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`7. The term “including” shall mean including but not limited to.
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`8. The terms “relate,” “relating,” or “related” mean in any way, directly or indirectly, in whole
`or part, relating to, concerning, referring to, discussing, mentioning, regarding, pertaining
`to, describing, reflecting, containing, analyzing, studying, reporting on, commenting on,
`evidencing, constituting, setting forth, considering, recommending, modifying, amending,
`confirming, endorsing, representing, supporting, qualifying, terminating, revoking,
`refuting, undermining, canceling, contradicting or negating.
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`9. The terms “and” and “or” shall be construed disjunctively or conjunctively as necessary
`to bring within the scope of these topics all information which might otherwise be
`construed to be outside their scope.
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`10. The terms “sale,” “sales,” “sell” or “sold” shall include sales, licenses, leases, loans,
`consignments, distribution to resellers or others (including, but not limited to, to
`Your related and affiliated entities) and all other methods of product distribution
`whether direct or indirect, and whether the product is distributed singly or in
`combination with or as part of another product, and whether or not revenue was or
`will be received therefrom.
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`Case 1:17-cv-00868-CFC-SRF Document 204 Filed 06/12/20 Page 5 of 5 PageID #: 7502
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`Topics
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`54. The manufacturing of products containing adenosine in the United States for sale or other
`use outside of the United States.
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`55. The testing of products containing adenosine in the United States for sale or other use
`outside of the United States.
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`56. Any sales of products containing adenosine within the United States for sale or other use
`outside of the United States.
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`57. The circumstances whereby any other L’Oréal affiliate or third party has taken possession
`of products containing adenosine manufactured, tested, or sold in the United States for sale
`or use outside of the United States, including but not limited to where the sale occurs, where
`transfer of possession occurs, which entity sells the product, which entity purchases the
`product, the price L’Oreal USA sells the product, and the prices paid for those products.
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`58. For each product containing adenosine manufactured in the United States but sold in retail
`sales or offered to consumers outside of the United States, information regarding the sales
`and financial data outside of the United States of those products, including sales, gross
`sales, net sales, deductions for taxes, deductions for returns or rejections, and deductions
`for rebates, and any other cost or profit information.
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`59. For each product containing adenosine tested in the United States but sold or offered to
`consumers outside of the United States, information regarding the sales and financial data
`outside the United States of those products, including sales, gross sales, net sales,
`deductions for taxes, deductions for returns or rejections, and deductions for rebates, and
`any other cost or profit information.
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`60. For each product containing adenosine used in the United States (including for testing) but
`sold in retail sales or offered to consumers outside of the United States, information
`regarding the sales and financial data outside the United States of those products, including
`sales, gross sales, net sales, deductions for taxes, deductions for returns or rejections, and
`deductions for rebates and any other cost or profit information.
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`61. For each product containing adenosine manufactured, used, tested, or sold in the United
`States for retail sale outside of the United States, the names of each such product, the
`number of units sold for each such product, the formula number for such product, the
`worldwide number sold for each such product, the sales price for any such product, the
`gross sales outside the United States of that product, and any other cost or profit
`information.
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`62. L’Oreal USA’s cost (including manufacturing cost), sales, and profit information for each
`skin care product manufactured in the United States for use or sale (directly or indirectly)
`to consumers outside the United States.
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