Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1:04-cv-01251-GMS

Document 40

Filed 07/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ABBOTT LABORATORIES, Plaintiff, Counterdefendant, v. BAYER HEALTHCARE LLC, Defendant, Counterclaimant.

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Civil Action No. 04-1251 (GMS)

ABBOTT LABORATORIES' UNOPPOSED MOTION TO EXTEND TIME Abbott Laboratories moves for an order extending by three days the time by which the parties must file the Joint Claim Construction Chart, i.e., from Friday, June 22, 2005 to Wednesday, July 27, 2005. The parties have conferred and Defendant does not oppose this motion. Pursuant to the Scheduling Order, the parties' opening claim construction briefs are presently due on or before August 12, 2005. Accordingly, the requested extension will leave more than two weeks before the briefs are due, and should not impact or affect the Court's calendar in general, or its schedule for considering claim construction issues in particular. MORRIS NICHOLS ARSHT & TUNNELL

/s/ James W. Parrett, Jr. Mary B. Graham #2256 James W. Parrett, Jr. #4292 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 Attorneys for Plaintiff and Counterdefendant Abbott Laboratories

Case 1:04-cv-01251-GMS

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Filed 07/22/2005

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OF COUNSEL: MUNGER, TOLLES & OLSON LLP Jeffrey I. Weinberger Stuart N. Senator Jason L. Haas 355 South Grand Avenue 35th Floor Los Angeles, CA 90071-1560 (213) 683-9100 July 22, 2005
475551

IT IS HEREBY ORDERED this _______ day of July, 2005 that plaintiff's motion for an extension until July 27, 2005 to file the Joint Claim Construct Chart is granted.

United States District Judge

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Case 1:04-cv-01251-GMS

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Filed 07/22/2005

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CERTIFICATE OF SERVICE I hereby certify that on July 22, 2005, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF which will send electronic notification of such filing to the following: James D. Heisman, Esquire CONNOLLY, BOVE, LODGE & HUTZ LLP The Nemours Building 1007 North Orange Street Wilmington, DE 19801

Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on July 22, 2005 upon the following individuals in the manner indicated: BY HAND James D. Heisman, Esquire CONNOLLY, BOVE, LODGE & HUTZ LLP The Nemours Building 1007 North Orange Street Wilmington, DE 19801 BY FACSIMILE Dale M. Heist, Esquire WOODCOCK WASHBURN LLP One Liberty Place, 46th Floor 17th and Market Street Philadelphia, PA 19103

/s/ James W. Parrett, Jr. James W. Parrett, Jr. (#4292)