Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00876-GIVIS Document 395 Filed 07/30/2007 Page 1 of 1
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
NORTH MARKET STREET
P.O. Box 1347
Wrnmrnerou, Dnnswnu 19899-1347
302 658 9200
.J.•.cx B. BLUMENFBLD 302 658 3989 FAX
302 351 9291 JUIY 30, 2007
202 425 3012 Fax
[email protected]
The Honorable Gregory M. Sleet VIA ELECTRONIC FILING
United States District Court
" for the District of Delaware
844 North King Street
. Wilmington, DE 19801
Re: T elcordio Technologies, Inc. v. Cisco Systems, Inc.
C.A. No. 04-876 (GMS)
Dear Chief Judge Sleet:
I write to bring to Your Honor’s attention two Orders by Administrative Law
Judge Charneski last Friday, July 27, in the parallel ITC proceeding brought by Telcordia against
Cisco. In Order No. 36 (Ex. A), Judge Charneski continued the ITC evidentiary hearing from
August 27, 2007 until February 25, 2008 based on the pendency of the post-trial motions in this
action, noting that the resolution of those motions “will undoubtedly have an impact" on the ITC
investigation, "could obviate the need for an evidentiary hearing" and at the very least "will
better frame the issues to be tried at the evidentiary hearing." (Ex. A at 3). He noted the
“unacceptable risk that there will be inconsistent rulings and a waste of private and judicial
resources." (Id. at 4). In Order No. 37 (Ex. B), Judge Charneski directed that Telcordia’s
motion for summary determination based upon this Court’s Judgment would be "held in
abeyance" until Your Honor rules on the post—trial motions. (Ex. B at 2).
Respectfully,
B1umerLfdld (#1014)
JBB/dlb
Enclosure
cc: Clerk of Court (Via Hand Delivery; w/ encl.)
Steven J. Balick, Esquire (Via Electronic Mail and Hand Delivery; w/ encl.)
Donald R. Dunner, Esquire (Via Electronic Mail; w/ encl.)
Edward R. Reines, Esquire (Via Electronic Mail; wl encl.)