Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00190-SLR Document 49 Filed 10/26/2007 Paget of 2
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October 26, 2007
VIA EWFILING ANI) HAND DELIVERY
The Honorable Sue L. Robinson
United States District Court for the District of Delaware
J. Caleb Boggs Federal Building
844 North King Street
Wilmington, DE 1980l
Re: Siemens Medical Solutions USA, Inc. v. Saint—Gobain
Ceramics & Plastics, Inc. , C.A. N0. 07-190-·SLR
Dear Judge Robinson:
On behalf of Defendant Saint—G0bain Ceramics and Plastics, Inc., ("Saint—Gobain") l
write to advise Your Honor that yesterday we tiled an amended and corrected brief, opposing
Plaintiffs application for preliminary injunctive relief, which application is to be heard on
November 27, 2007 at 5:00 pm. The amended and corrected brief should be the version that
Your Honor should consider in connection with the November 27 hearing. This brief differs in
only one respect from our original filing on October 17, 2007. We have deleted the original
footnote I4 in this version because it contained an inadvertent misstatement of fact.
The error resulted from our being unaware of the contents of certain documents that
Siemens had delivered to our co—counsel, Thelen Reid Brown Raysman & Steiner LLP, but
which were misdirected by their mail room to a storage site without either being opened or sent
to attorneys working on this matter. Our co—counsel became aware of this when Siemens asked
for the return of certain documents contained in that production by virtue of Siemens’ assertion
of the inadvertent disclosure of assertedly privileged material. When our co~counsel, Mr.
Whitmer, directed his colleagues to collect those documents and return them, they could not
locate any such documents in the Sie1nens’ production of which they were aware. They located
these materials, ultimately, in a storage area unrelated to this case. For the inconvenience to
Siemens and the Court, we apologize. We have now returned to Siemens the requested
documents, and corrected the factual predicates for our arguments.
RU?]-32l7263—l

Case 1:07-cv-00190-SLR Document 49 Filed 10/26/2007 Page 2 of 2
The Honorable Sue L, Robinson
October 26, 2007
Page 2
We, along with our co—co1msei, look ‘fo1·wa1"d to appearing on November 27 for argument,
In the meantime, if Your Honor has any questions regarding the foregoing, counsel is available
at the Court’s convenience
R ectfuily,
Li Moyer ( · 3309)
JLM:_jab
cc: Jack B., Blumenfeld, Esq. (via C··1}}Elll and hand delivery)
Maryellen Noreika, Esq., (via e—maii and hand delivery)
Gregg F. LoCascio, Esq. (via e—maii and Federal Express)
Cliaranjit Brahma, Esq, (via email and Federal Express)
Rl,Fl·32i7263-l