Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01338-JJF Document 687 Filed 01/18/2007 Page 1 of 2
MoRRrs, NICHOLS, ARSHT & TUNNELL LLP
1201 NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
THOMAS C.G1uMM FAX
302 351 9595
302 425 4661 FAX January 18, 2007
tgrimm@mnat . com
BY E-FILING & E-MAIL
The Honorable Mary Pat Thynge
United States Magistrate Judge
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Honemell, etal. v. Aggle Comguter, et al., C.A. No. 04-1338-***
Dear Magistrate Judge Thynge:
This is a joint letter on behalf of Honeywell and the Manufacturer Defendants in
the above-captioned matter, which was assigned previously to Judge Jordan.
First, the parties to this letter jointly request that all of the dates in the Scheduling
Order (D.l. 376) be pushed back by three months to insure that the parties have ample time to
fully discover the case. If the Court is amenable to this request, counsel will work together to
draft an amended scheduling order which we will submit to Your Honor for the Court’s
consideration.
Second, the parties to this letter jointly request that the Court schedule a
conference (the Manufacturer Defendants prefer a teleconference) at the Court’s earliest
convenience. The Manufacturer Defendants propose that expert reports on damages be
postponed until after completion of the initial jury trial, which Judge Jordan limited to the issues
of validity and enforceability of the patent—in-suit. Honeywell opposes any such postponement.
Indeed, Honeywell believes that the time has come to lift the stay of Honeywell’s claims against
the customer defendants so that full infonnation about the sales between the module makers and
their customers may be discovered and brought to bear with regard to a number of issues relevant
to this case.


Case 1:O4—cv—O1338-JJF Document 687 Filed O1/18/2007 Page 2 of 2
The Honorable Mary Pat Thynge
January 18, 2007
Page 2
For these reasons, the parties to this letter respectfully request a conference at the
Court’s earliest convenience and an opportunity to provide the Court in advance with a short,
four-page letter setting forth their respective positions regarding strategies for efficiently
handling the remainder of the case.
Respectfully,
Thomas C. Gri m (#1098)
TCG
cc: Dr. Peter T. Dalleo, Clerk (by hand)
Philip A. Rovner, Esquire (by e-mail)
Matthew L. Woods, Esquire (by e-mail)
CM/ECP list (by e-filing)