Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00892-JJF

Document 11

Filed 01/26/2006

Page 1 of 2

MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N O R T H M A R K E T S T R E E T P.O. B O X 1347 W I L M I N GT O N , D E L A WA R E 19899-1347 302 658 9200 302 658 3989 F A X
T H O M A S C. G R I M M (302) 351-9273 (302) 425-4661 F A X [email protected]

January 26, 2006

VIA E-FILING The Honorable Joseph J. Farnan, Jr. United States District Court for the District of Delaware 844 King Street Lockbox 27 Wilmington, DE 19801 Re: Crown Packaging Technology, Inc. v. Albermarle Corporation C.A. No. 05-892-JJF

Dear Judge Farnan: Defendant, Albermarle Corporation (hereinafter "Albermarle"), respectfully requests a telephone conference to discuss scheduling in this case in order to expedite disposition of the matter and avoid wasteful pretrial activities. Albermarle believes that it has a very simple, straightforward dispositive motion that if presented and decided at the outset of this case would obviate the need for substantial discovery and other pretrial proceedings. Plaintiff is seeking relief based upon Albermarle's filing of trademark applications, not upon any commercial use of trademarks. Hence, the complaint fails to state a claim on which relief can be granted. Albermarle is prepared to file its motion on that basis on or before February 13, 2006. Because the parties are so far apart on how this case should proceed, they are filing separate proposed scheduling orders. Accordingly, if the Court desires to enter a scheduling order now, without having a conference, Albermarle respectfully requests that the Court enter the enclosed order, which indicates by bold type the dates and other provisions that are different from Crown's proposal. In particular, defendant Albermarle's proposal permits the

Case 1:05-cv-00892-JJF The Honorable Joseph J. Farnan, Jr. January 26, 2006 Page 2

Document 11

Filed 01/26/2006

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filing of case dispositive motions at any time (¶ 7). Crown has advised us that it has no objection to this provision. Respectfully, /s/ Thomas C. Grimm Thomas C. Grimm (#1098) TCG Enclosure cc: Dr. Peter T. Dalleo, Clerk (by hand - w/encl.) Peter C. Hughes, Esquire (by e-filing - w/encl.) Steven B. Goodman, Esquire (by e-mail - w/encl.) Judith Powell (by e-mail - w/encl.)