Free Letter - District Court of Delaware - Delaware

Case 1 :08-cv—00344-SLR Document 14 Filed 08/22/2008 Page 1 of 2
I Potter
@ Anderson
COITOOH LLP David E. Moore
Attorney at Law
1 1313 North Mmhgt Stjyggtg dmOOf€@p0ii€FBEdCYSOH.C0m
i PO. Box 95l 302 984-6147 Direct Phone
i Wilmington, na ras9<2-0·2si 302 658* *92 Fax
302 use 6000
www.poite¤·a11dcrson.co1n
August 22, 2008
VIA ELECTRONIC FILING
The Honorable Sue L. Robinson
United States District Court
for the District of Delaware
844 King Street
i Wilmington, DE 19801
. Re: Takeda Pharmaceutical Company Limited er al v. Barr Pharmaceuticals Inc. et al.;
C.A. No. 08-339-SLR
Ethypharm SA. v. Barr Laboratories Inc. ei al.;
C.A. No. 08-344-SLR
I am writing on behalf of the patties in the above-referenced actions. Both of the
these actions were tiled on the same day and Plaintiffs in both cases have asserted that the
i product of Barr’s ANDA infringes the claims of U.S. Patent No. 5,464,632. In each of the
actions, Barr has raised a defense of invalidity ofthe ’632 patent claims. Thus, these two actions
will present overlapping issues of fact and law.
The Court has ordered a Scheduling Conference for August 28, 2008 in Civil
5 Action 08-3 99-SLR. The parties to each action agree that it would be beneficial for this
Scheduling Conference to be conducted with respect to both actions, and respectfully request
permission for all parties inthe two actions to participate in the August 28, 2008 Scheduling
Conference. Counsel for all parties in both actions also have conferred to seek agreement on a
single proposed Scheduling Order that would govern both cases. The parties thus also seek
, permission to submit a single proposed Scheduling Order for both actions, in advance ofthe
August 28 Scheduling Conference.
The parties in these actions also conferred regarding possible consolidation of
, these matters for all purposes, including all pretrial and trial activities, and intend to either
submit a form of stipulation or joint motion for the Courts consideration in advance of the
Scheduling Conference, or to address the issue at the Scheduling Conference.

i Case 1 :08-cv—00344-SLR Document 14 Filed 08/22/2008 Page 2 of 2
The Honorable Sue L. Robinson
August 22, 2008
Page 2
l Counsel are available at the C0urt:'s convenience to discuss these matters.
Respectiiilly,
/s/ David E. Moore
David E. Moore
DENI/1”11'1'1U879442v2/33173
ee: Cierk ofthe Court (via hand delivery)
Counsel of Record (via electronic filing)

Case 1:08-cv-00344-SLR

Document 14

Filed 08/22/2008

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Case 1:08-cv-00344-SLR

Document 14

Filed 08/22/2008

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