Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00774-JJF Document 14 Filed O2/27/2007 Page 1 of 1
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
JACK B. BLUMENFELD FAX
202 351 9291
302 425 3012 FAX
[email protected] February 27,
The Honorable Joseph J. Faman, Jr. VIA ELECTRONIC FILING
United States District Court and HAND DELIVERY
for the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Reliant Pharmaceuticals, Inc. v. Par Pharmaceutical, Inc.
QA. No. 06-774-JJF
Dear Judge Faman:
We represent Reliant Pharmaceuticals, Inc. (“Reliant"), the plaintiff in this patent
infringement action. On February 8, 2007, the New York law firm of Frommer Lawrence &
Haug LLP ("FLH") appeared for defendant Par Pharmaceutical, Inc. ("Par"). FLH was counsel
to Reliant in connection with Reliant’s acquisition of the patent and product at issue in this
action. We believe that, as a result of its earlier representation of Reliant, FLH cannot represent
Par in this action. As soon as we learned of FLH’s intention to represent Par in this action in
December, we brought the conflict to FLH’s attention and asked it to withdraw from its
representation of Par. We have renewed that request in letters dated January 25 and February 12,
2007. FLH has advised us that it will not withdraw from its representation of Par. Thus, we
write to advise the Court that, in accordance with Your Honor’s Order for filing non—case
dispositive motions in patent cases, Reliant intends to move to disqualify FLH from representing
Par in this action on March 14, 2007 and to notice that motion to be heard on April 13, 2007.
Respectfully,
B. Blumenfeld (I.D. 1014)
JBB/dlb
cc: Clerk of Court (Via Hand Delivery)
Josy W. Ingersoll, Esquire (Via Hand Delivery)
Edgar H. Haug, Esquire (Via Electronic Mail)
Gerald J. Flattmann, Esquire (Via Electronic Mail)