Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—01251-G|\/IS Document 43 Filed 07/27/2005 Page 1 of 1
Moknrs, NICHOLS, ARSHT & TUNNELL
_ 1201 NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
302 658 3989 FAX
JAMES W. PARRETI`, Jn.
802 498 6678 July 27, 2005
302 425 8088 FAX
jpa1·[email protected]
BY ELECTRONIC FILING
The Honorable Gregory M. Sleet
United States District Court
for the District of Delaware
844 N. King Street
Wilmington, DE 19801
Re: Abbott Laboratories v. Bayer Healthcare, C.A. No. O4-1251 GMS
Dear Judge Sleet:
Abbott Laboratories, having now completed its analysis of Bayer’s Centaur
device, wishes to inform the Court that it intends to dismiss the claims it has brought against
Bayer in this action. Abbott understands that Bayer will dismiss its counterclaims as well,
terminating this action. Accordingly, Abbott respectfully requests that all court and discovery
deadlines be postponed for one week while the parties attempt to negotiate the terms of the
dismissal. (An unopposed motion and proposed order seeking this extension is attached.)
lf Abbott is unable to reach an agreement with Bayer, Abbott will request an appropriate
dismissal order to be entered.
Respectfully,
/s/ James W Parrett, Jr.
James W. Parrett, Jr. (#4292)
Enclosure
cc: Clerk of the Court (by hand — w/encl.)
James D. Heisman, Esquire (by e-filing — w/encl.)
Dale Heist, Esquire (by facsimile - w/encl.)
Jeffrey I. Weinberger, Esquire (by facsimile - w/encl.)