Free Status Report - District Court of Delaware - Delaware

Case 1 :07-cv—OOO57-IVIPT Document 85 Filed O9/06/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VENETEC INTERNATIONAL, INC., )
Plaintiff g
V- I C.A. N0. 07-57 (***)
NEXU S MEDICAL, LLC, g
Defendant. §
JOINT STATUS REPORT
Pursuant to the Court’s Order of April 26, 2007, the parties hereby submit this
Joint Status Report.
PLEADINGS
On January 29, 2007, Venetec filed this action against Nexus.
On July 25, 2007, Venetec filed a First Supplemental Complaint.
On September 5, 2007, Venetec filed its Second Supplemental Complaint. An
Answer is due by Nexus on September 19, 2007.
DISCOVERY
Pursuant to the Court’s direction, the parties have served document requests and
interrogatories but have not taken any depositions. Based on presently served requests, Venetec
anticipates its document production will be substantially complete by the second week of
October, and Nexus’s production is substantially complete.
PENDING MOTIONS
There are currently two motions pending, both of which have been briefed:
• Motion to Stay All Proceedings Pending Reexamination of U.S. Patent
No. 6,447,445 by the United States Patent and Trademark Office, tiled by
Nexus on June 25, 2007.

Case 1:07-cv—OOO57-IVIPT Document 85 Filed O9/06/2007 Page 2 of 3
• Motion to Clarify or Amend the Stipulated Protective Order, filed by
Nexus on July 13, 2007.
PRE-TRIAL DEADLINES/PROCEDURES
Nexus requests that the present discovery cut—off date of February 15, 2008 be
extended by three months to May 16, 2008 because of the eight new recently plead causes of
action. Venetec does not oppose Nexus’ request.
If the Court decides that extension of the discovery cut-off date is appropriate, the
parties request the Court set a telephonic status conference in early 2008, at which time the Court
may consider setting dates for the events after the proposed May 16, 2008 discovery cut-off date.
If the Court decides that extension of the discovery cut—off date is not appropriate,
however, the parties wish to discuss dates for the events after the February 15, 2008 discovery
cut—off date.
SETTLEMENT
To date, there have been no settlement discussions between the parties beyond
preliminary inquiries regarding whether a license is available. A mediation has been scheduled
for October 3, 2007.
Dated: September 6, 2007
Respectfully submitted,
/si/Jack B. Blumenfeld
Jack B. Blumenfeld (#1014)
Maryellen Noreika (#3208)
Moiuus, NICHOLS, Ansar & TUNNELL LLP
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
(302) 658-9200
jblumeni`[email protected]
mnoreika@,rmiat.com
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Case 1 :07-cv—OOO57-IVIPT Document 85 Filed O9/06/2007 Page 3 of 3
Steven C. Cherny
Clement J. Naples
LATHAM & WATILINS LLP
885 Third Avenue, Suite 1000
New York, NY 10022-4834
(212) 906-1200
Maximilian A. Grant
Michael A. David
LATHAM & WATKINS LLP
555 Eleventh Street, N.W.
Washington, DC 20004
(202) 637-2200
Counsel for Venetec International, Inc.
/s/Mag B. Matterer
Richard K. Herrmann (#405)
Mary B. Matterer (#2696)
Monms JAMES LLP
500 Delaware Avenue
Suite 1500
P.O. Box 2306
Wilmington, DE 19899-2306
(302) 888-6800
[email protected]
1nmattererg@morris}` arnes.con1
Scott R. Brown
Jennifer C. Bailey
Hover WILLIAMS LLP
2405 Grand Boulevard
Suite 400
Kansas City, MO 64108
(816) 474-9050
Counsel for Nexus Medical, LLC
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