Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 231 Filed 03/13/2006 Page 1 of 2
MORRIS, JAMES, HITCHENS & WILLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801-1621
(302) 888-6800
Facsimile (302) 571-1751
wwwimorrisjamescom
Richard K. Herrmann Mailing Address
(302) 888-6816 P.O. Box 2306
[email protected] Wilmington, DE 19899-2306
March 13, 2006
VIA ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
USDC for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Ajfjwnaetrbc, Inc. v. Illumina, Inc., D. Del., C.A. N0. 04-901-JJF
Your Honor:
Pursuant to the Court's guidance at the February 15, 2006 hearing, the parties have met
and conferred and reached agreement on a schedule for activities and briefing in advance of the
April 20, 2006 Markman hearing in the above matter. Counsel for the parties have also
discussed and propose for the Courts consideration a schedule for adaptation to claim
construction in patent cases generally. The parties' proposal in this action tracks this general
schedule, but differs slightly to accommodate conflicts in their schedules.
The parties propose the following:
Action Affymetrix v. Illumina General Schedule
Patentee to serve list of terms March 16, 2006 35 calendar days prior to
to be construed and proposed Markman hearing
constructions
Accused infringer to serve March 21, 2006 28 calendar days prior to
proposed constructions for Markman hearing
terms identified by patentee
and to identify additional
tenns to be construed with
proposed constructions
Patentee to serve proposed March 27, 2006 21 calendar days prior to I
constructions for any Markman hearing
additional tenns identified by
accused infringer
Dover (3021 678-8815 Broom Street (302) 655-2599 Newark (302) 368-4200

Case 1 :04-cv-00901-JJF Document 231 Filed 03/13/2006 Page 2 of 2
MORRIS, ]AMEs, HITCHENS & WILLIAMS LLP
The Hon. Joseph J. Farnan, Jr.
March 13, 2006
Page 2
Parties to serve and file April 5, 2006 14 calendar days prior to
opening Markman briefs Markrnan hearing
Parties to serve and file April 14, 2006 7 calendar days prior to
responsive Markman briefs Markman hearing
Markman hearing April 20, 2006 .Per Court Order
1:30 p.m. ‘
We are available at Your Honor’s convenience if the Court would like to discuss this
proposed schedule.
Respectfully,
Richard K. Herrmaig, I.D. No. 405
rherrmann@morrisjamescom
cc: Dr. Peter T. Dalleo, Clerk ofthe Court (via electronic filing)
MaryEllen Noreika, Esq. (via electronic filing)
Michael J. Malecek, Esq. (via email)