Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00016-JJF

Document 128

Filed 01/10/2007

Page 1 of 1
Richard L. Horwitz

1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 302 984-6000 www.potteranderson.com

Partner Attorney at Law [email protected] 302 984-6027 Direct Phone 302 658-1192 Fax

January 10, 2007 VIA ELECTRONIC FILING The Hono rable Joseph J. Farnan, Jr. United States District Court for the District of Delaware 844 King Street Wilmington, Delaware 19801 Re: Nokia Corporation and Nokia Inc. v. InterDigital Communications, et al. C. A. No. 05-16 (JJF)

Dear Judge Farnan: I am writing on behalf of defendants InterDigital Communication Corporation and InterDigital Technology Corporation (collectively "InterDigital") to request the Court's guidance on a conflict between the case schedule (D.I. 42) and the Court's December 15, 2006 newly-adopted, non-case dispositive motion procedures for patent cases. Specifically, under the Scheduling Order, the parties have until the January 15, 2007 deadline to file motions for leave to amend. Under the Court's December 15, 2006 Order, a party that files a motion on or before this deadline is at risk of violating the timing provision of Your Honor's routine motion procedures (i.e., the motion to amend would be filed more than 30 days from the next available hearing date, March 2, 2007 after allowing for appropriate briefing by the parties). InterDigital requests the Court's assistance in resolving this conflict and respectfully submits the following as possible solutions to this problem: (1) an order granting the parties relief from the 30-day rule for the limited purpose of filing motions to amend or otherwise complying with the deadlines set forth in the Scheduling Order or (2) an extension of the deadline to amend to a date within the 30-day window for the March 2, 2007 hearing date. As always, counsel are available at the Court's convenience if Your Honor has any questions. Respectfully, /s/ Richard L. Horwitz Richard L. Horwitz
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