Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00021—GlV|S-LPS Document 98 Filed 06/26/2008 Page 1 of 1 I
Kelly E. Faman
302-651 -7705
[email protected]
June 26, 2008
VIA E-FILING
The Honorable Leonard P. Stark
United States Magistrate Judge
United States District Court
For the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Forest Laboratories, Inc. v. Cobalt Laboratories, Inc., et ai, C.A. No.
08-21-GMS-LPS {Consolidated)
Dear Judge Stark:
In response to Your Honor’s request at the Scheduling Conference earlier today, the
thirteen consolidated defendants agree that the latest date for the statutory expiration of the 30
month stay, as extended pursuant to 21 U.S.C. § 355(c)(3 )(E)(ii), is April 16, 201 l.
The defendants note, however, that the stay will terminate earlier upon a finding of non-
infringement or invalidity by this Court.
As stated at the conference this morning, Defendants believe that an early Markman
hearing is the best way to secure a speedy and inexpensive resolution of this action. lf Your
Honor has further questions concerning Defendants’ position, counsel is available at the Couit’s
convenience.
Respectfully,
Kelly E. Farnan
KEF:kef
cc: Clerk of the Court (via Hand Delivery)
All Counsel of Record (Via Electronic Mail)
ami-szavcssei I I I
One Rodney Square I 920 North King Street I Wilmington, DE 19801 I Phone: 302-651-7700 I Fax: 302-651-7701
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Case 1:08-cv-00021-GMS-LPS

Document 98

Filed 06/26/2008

Page 1 of 1