Free Status Report - District Court of Delaware - Delaware

Case 1 :O6—cv—OOO28-SLR-LPS Document 83 Filed O1/23/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
MCKESSON AUTOMATION, INC. )
a Delaware Corporation, )
)
Plaintiff, )
)
v. ) Civil Action No. 1:O6CV00O28 ***
)
TRANSLOGIC CORPORATION )
a Delaware Corporation, and )
)
SWISSLOG ITALIA S.P.A. )
an Italian Corporation, )
)
Defendants. )

JOINT STATUS REPORT
Dale R. Dubé (#2863) Julia Heaney (#3052)
BLANK ROME LLP MORRIS, NICHOLS, ARSHT &
1201 Market Street, Suite 800 TUNNELL
Wilmington, DE 19801 1201 North Market Street
Tel: (302) 425-6472 P.O. Box 1347
Wilmington, DE 19899
Tel: (302) 658-9200
Blair M. Jacobs Lawrence C. Drucker
Robert A. Gutkin Alfred R. Fabricant
Christina A. Ondrick Richard LaCava
SUTHERLAND ASBILL & BRENNAN LLP DICKSTEIN SHAPIRO LLP
1275 Pennsylvania Avenue, NW 1177 Avenue of the Americas
Washington, DC 20004 New York, New York 10036
Tel: (202) 383-0100 Tel: (212) 277-6500
Counsel for Plaintw Counsel for Dejkndants
McKesson Automation, Inc. T ranslogic Corporation &
Swisslog Italia Sp.A.

Case 1:O6—cv—OOO28-SLR-LPS Document 83 Filed O1/23/2007 Page 2 of 4
I. Present Status of Case and the Court’s Scheduling Orders
This case is in the discovery phase (see Section III below). The Stipulated Amended
Scheduling Order (D.I. 62), dated October 26, 2006, amended the original Scheduling Order
(D.I. 38), Pertinent dates are as follows:
• Fact Discoveg Cut-off: May 15, 2007;
• Expert Disclosures: Initial disclosures on June 29, 2007; supplemental and/or rebuttal
disclosures on August 21, 2007; expert discovery cutoff on September 13, 2007;
• Case Dispositive Motions: October 12, 2007;
• Claim Construction: Joint Claim Construction Chart and Opening Briefs on October
12, 2007; Responsive Briefs on October 26, 2007; Claim Construction Hearing on
November 19, 2007;
• Pretrial Matters: Joint Proposed Pretrial Order on February 15, 2008; Pretrial
Conference on March 17, 2008; and
• Trial: 10 day juiy trial from April 14-25, 2008.
The parties have consulted and agreed to request that the Court permit the above dates to be
modified as follows: (i) that the fact discovery cut-off be extended from May 15 to July 31,
2007; (ii) that the date for initial expert disclosures be extended from June 29 to July 31, 2007.
None of the dates for case dispositive motions, claim construction, pretrial matters or trial should
be affected if the proposed changes to the schedule set forth above are permitted by the Court.
II. Outstanding Motions
There are no outstanding motions at this time.
III. Status of Discovery
Discovery is ongoing. McKesson’s document production is substantially complete and
should be completed by January 26, 2007. Defendants have completed their respective
document productions. Depositions have begun and the parties have each noticed additional
depositions. Instead of filing one omnibus deposition notice directed toward each Defendant,
McKesson served 7 topic specific Rule 30(b)(6) deposition notices to Translogic and 9 topic
specific Rule 30(b)(6) deposition notices to Swisslog Italia. The defendants have objected to the
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Case 1 :06—cv—00028-SLR-LPS Document 83 Filed 01/23/2007 Page 3 of 4
number and scope of these notices. McKesson objects to the scope of Defendants' omnibus
deposition notice. Without waiving their rights, the parties are discussing ways to amicably
schedule and limit the potential number of depositions and total deposition time covered by such
notices so that discovery may be conducted as efficiently as possible for all parties involved. It
is anticipated that the outstanding depositions likely will be completed by May 2007 and
additional depositions are anticipated.
McKesson served its Preliminary Infringement Contentions on December 22, 2006.
Defendants are presently scheduled to serve their Preliminary Invalidity Contentions on February
8, 2007 (extended by agreement of the parties). On or before January 30, 2007, Defendants are
scheduled to disclose whether they are relying on an opinion of counsel as part of a defense to a
willful infringement claim and disclose any such opinion, related documents and privilege log, if
any. The parties have agreed to extend both of these dates to February 28, 2007 and request the
Court’s consent to this.
IV. Mediation/Settlement
There is a mediation hearing scheduled for February 21, 2007 with mediation statements
due on February 9, 2007. Your Honor is scheduled to preside over the mediation. Because this
case has been reassigned from Judge Jordan to Your Honor, the parties anticipate that they will
request that the mediation be conducted by a mutually agreed upon third party. The parties are
evaluating using one of the Special Masters for patent cases or a practioner specializing in
alternative dispute resolution. With the Court’s approval, we will submit a revised mediation plan
once the parties have agreed upon a mediator and appropriate timing, with the goal to agree on a
date for the mediation as soon after February 21, 2007 as possible, subject to the availability of
the new mediator and the parties.
The parties have discussed settlement of this case. Those discussions were unsuccessful.
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Case 1 :O6—cv—OOO28-SLR-LPS Document 83 Filed O1/23/2007 Page 4 of 4
Respectfully submitted,
/s/ Dale R. Dubé /s/ Julia Heaney
Dale R. Dubé (#2863) Julia Heaney (#3052)
BLANK ROME LLP MORRIS, NICHOLS, ARSHT &
1201 Market Street, Suite 800 TUNNELL
Wilmington, DE 19801 1201 North Market Street
Tel: (302) 425-6472 P.O. Box 1347
Wilmington, DE 19899
Tel: (302) 658-9200
Blair M. Jacobs Lawrence C. Drucker
Robert A. Gutkin Alfred R. Fabricant
Christina A. Ondrick Richard LaCava
SUTHERLAND ASBILL & BRENNAN LLP DICKSTEIN SHAPIRO LLP
1275 Pennsylvania Avenue, NW 1177 Avenue of the Americas
Washington, DC 20004 New York, New York 10036
Tel: (202) 383-0100 Tel: (212) 277-6500
Counsel for Plaintw Counsel for Dejiendants
McKesson Automation, Inc. Translogic Corporation &
Swisslog Italia S. p.A.
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