Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00057-IVIPT Document 122 Filed O1/24/2008 Page 1 of 1
MJORRIS, NrcH0Ls, Arasrrr 8; TUNNEL; LLP
1201 Norsru Maizrcsr S·r·u12·r
P.O. Box 1347
WILMINGTON, DELAWARE I
302 658 9200
302 658 3989 Fax
Jack B. B1.UM1:N1··m.1:•
302 351 9291
202 425 3012 Fax
[email protected] January 24, 2008
The Honorable Mary Pat Thynge VIA ELECTRONIC FILING
United States District Court
For the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Venetec International, Inc. v. Nexus Medical, LLC
C.A. No. 07-57 (***)
Dear Judge Thynge:
Attached is an Amended Scheduling Order, including proposed dates for
summary judgment and claim construction briefing, that has been agreed upon by the parties.
We look forward to discussing this du1ing the call on Monday morning.
Respectfully,
&zcr Sli pa
ack B. Blumenfeld
JBB/lm
Enclosure
cc: Clerk of Court (Via Hand Delivery; wl encl.)
Mary B. Matterer, Esquire W ia Electronic Mail and Hand Delivery; wl encl.)
Scott R. Brown, Esquire (Via Electronic Mail; wl encl.)
Jennifer C. Bailey, Esquire (Via Electronic Mail; wl encl.)
Patrick Lujin, Esquire (Via Electronic Mail; wl encl.)
Max Grant, Esquire (Via Electronic Mail; wl encl.)
1420233

Case 1:07-cv—00057-I\/IPT Document 122-2 Filed 01/24/2008 Page 1 of 2
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VENETEC INTERNATIONAL, INC. )
Plaintiff )
)
v. )
) C.A. N0. 07-57 (***)
NEXU S MEDICAL, LLC )
)
Defendant. )
)
AMENDED SCHEDULING ORDER _
The Scheduling Order entered by the Court on April 22, 2007 (D.I. 23) and
amended on September 13, 2007 (D.I. 90) is further amended as follows:
l. Close of Fact Discovery. Nexus proposes moving the fact discovery cut-
off date to June 6, 2008 and Venetec has no objection.
2. Disclosure of Expert Testimony. For the party that has the initial burden
of proof on the subject matter, the initial Fed. R. Civ. P. 26(a)(2) disclosure of expert testimony
is due on or before July 18, 2008. The supplemental disclosure to contradict or rebut evidence
on th same matter identified by another party is due on or before August 29, 2008. Depositions
of experts shall be completed by September 26, 2008.
3. Case Dispositive Motions. All case dispositive motions, and opening brief
and affidavit, if any, in support of the motion, shall be served and filed on or before October l0,
2008. Briefing will be presented pursuant to the Court’s Local Rules.
4. Claim Construction Issue Identification. If the Court does not find that
limited earlier claim construction would be helpful in resolving the case, on May 9, 2008, the
parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction
and their proposed claim construction of those term(s)/phrase(s). This document will not be filed

Case 1 :07-cv—00057-IVIPT Document 122-2 Filed 01/24/2008 Page 2 of 2
with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a
Joint Claim Construction Chart to be submitted on October 10, 2008. The parties’ Joint Claim
Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue,
and should include each party’s proposed construction of the disputed claim language with
citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A
copy of the patent(s) in issue as well as those portions of the intrinsic record relief upon shall be
submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not
provide argument.
5. Claim Construction. The parties shall contemporaneously submit initial
briefs on claim construction issues on October 10, 2008. The parties’ answering/responsive
briefs shall be contemporaneously submitted on October 30, 2008. No reply brief or
supplemental papers on claim construction shall be submitted without leave ofthe Court. Local
Rule 7.l.3(4) shall control the page limitation for initial (opening) and responsive (answering)
briefs.

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