Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00229-GMS

Document 54

Filed 02/06/2008

Page 1 of 1

MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N O R T H M A R K E T S T R E E T P.O. B O X 1347 W I L M I N G T O N , D E L A W A R E 19899-1347 302 658 9200 302 658 3989 F A X
M A R Y B. G R A H A M 302.351.9 199 [email protected]

LLP

February 6, 2008 VIA ELECTRONIC FILING The Honorable Gregory M. Sleet United States District Court Federal Building 844 North King Street Wilmington, DE 19801 Re: Merck & Co., Inc. v. Ranbaxy Inc. and Ranbaxy Laboratories Limited C.A. No. 07-229-GMS

Dear Chief Judge Sleet: This is to let the Court know that, in connection with the claim construction proceedings in this case, Merck is hereby withdrawing its request that the Court construe and correct the phrase "said one to fifteen carbon alkyl" of claim 1. Ranbaxy's position is that no correction of the term is warranted and that the term should be construed to have its plain and literal scope, so Merck's withdrawal of its request will eliminate this issue from the issues the Court needs to decide. Respectfully,

/s/ Mary B. Graham
Mary B. Graham (#2256) MBG/dla cc: Clerk of the Court (via hand delivery) Frederick L. Cottrell, Esquire (via email and hand delivery) Raymond N. Nimrod, Esquire (via email) Mark Boland, Esquire (via email)