Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR Document 553 Filed O2/O2/2006 Page1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
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February 2, 2006
Richard K. Herrmann, Esq.
Morris, James, Hitchens & Williams
222 Delaware Avenue, 10th Floor
P.O. Box 2306
Wilmington, DE 19899-2306
Richard D. Kirk, Esq.
The Bayard Firm
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
Francis DiGiovanni, Esq.
Connolly, Bove, Lodge & Hutz
The Nemours Building
1007 North Orange Street
P.O. Box 2207
Wilmington, DE 19899
William J. Marsden, Jr., Esq.
Fish & Richardson, P.C.
919 North Market Street, Suite 1100
P.O. Box 1114
Wilmington, DE 19899-1114
Re: LML Patent Corporation v. Telecheck Services, et
al., Civ. No. 04-858-SLR
Dear Counsel:
The information provided below is in response to the request
by defendant Electronic Clearing House, Inc. to continue the
commencement of trial in the above referenced case for one week,
or to otherwise accommodate a scheduling conflict for one of
defendant's trial counsel. (D.I. 549) Although I will certainly
try to accommodate defendant’s request, I cannot do so now for
the reasons that follow.

Case 1:04-cv-00858-SLR Document 553 Filed O2/O2/2006 Page 2 of 2
Trial in this case is scheduled to commence on April l7,
2006. As is my practice, this trial is double—booked with
another patent trial. Neither case has settled; counsel in both
cases have filed substantial summary judgment motions that may,
or may not, be case or issue dispositive. In addition to these
two patent trials, on April 27 and 28, I am supposed to attend
the Conference for Chief United States District Judges and, on
May l and 2, I am supposed to attend the Third Circuit Judicial
Conference. On May 3, I am scheduled to start yet another patent
case involving 7 patents, which case is double—booked for trial
with other cases starting the week of May 8.
Needless to say, until I decide the summary judgment motions
in each case and determine what issues remain for litigation, I
cannot tell you how I will be able to accommodate Mr. Mizrahi’s
scheduling conflict. For your edification, however, I will tell
you that I have at least 6 trial days free on August 7 to August
I4, 2006, in the event the parties can agree to reschedule this
trial to then. Otherwise, you will have to wait for my decisions
to issue in this and the other cases before I can respond
substantively to the request to continue or accommodate.
Cordially,
Sue L. Robinson