Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00753-JJF Document 26 Filed O1/O4/2008 Page 1 of 2
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January 4, 2008
VIA ILFILING AND HAND DELIVERY
The Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Roche Diagnostics Operations I11C‘.,(?L° ol., v. Abbott Diabetes Care Inc.,
et ol., Civil Action No. 07-753 JJF
Dear Judge Farnan,
We are counsel representing defendants Abbott Diabetes Care Inc. and Abbott Diabetes
Care Sales Corporation (collectively "Abbott") in the above-identified action and respectfully
request that the Court consider the subject of this letter before the Rule 16 Scheduling
Conference on Friday, January I 1.
Plaintiffs Roche Diagnostics Operations, Inc. and Corange International Limited
(collectively "Roche") commenced this action for patent infringement against Abbott and the
other Defendants on November 21, 2007. None of the Defendants has answered or otherwise
responded to the Complaint.
By agreement ofthe parties, approved by the Court, Defendants will not be responding to
the Complaint until January ll, 2008 »»— which is the same day presently set for the Rule l6(b)
Scheduling Conference with Your Honor. However, Plaintiffs response to counterclaims, if any,
will not be due until January 31, 2008 under Fed. R. Civ. P. l2(a)(2). Accordingly, Defendants
all jointly request that the Court reset the Scheduling Conference for a date in February —— such a
date would be well within the bounds of Federal Rule l6(b)'s time constraints for holding the
scheduling conference and would allow the Court and the parties to consider all claims,
counterclaims, and responses thereto when setting a schedule for this action.
Additionally, on December E4, 2007, Abbott tiled two requests with the United States
Patent and Trademark Office for ex parte reexamination of all claims in the two Roche patents
asserted in this suit. Consequently, Abbott intends to tile a motion on January 9, 2008 requesting
that Your Honor stay these proceedings until the Patent Office makes a determination regarding
RLY]-3240355-l

Case 1:07-cv-00753-JJF Document 26 Filed O1/O4/2008 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
January 4, 2008
Page 2
the requested reexaminations. Roche has stated that it will oppose Abbott’s motion. There‘l’ore,
Abbott submits that its anticipated stay motion provides further grounds for resetting the Rule
l6(b) Scheduling Contbrence.
Based upon the circumstances described above, Abbott and the other Defendants asked
counsel for the Roche Plaintiffs to _join in a request that Your Honor reset the Rule l6(b)
Scheduling Conference presently on the calendar for Friday, January li, 2008 at 11:30 a.m. The
Plaintiffs indicated that they oppose Det`endants’ request to postpone the Rule l6(b) Scheduling
Conference,
On behalf of Abbott and the other Defendants (by permission granted through their
respective counsel), we request that the Court reset the Rule l6(b) Scheduling Conference to
either February 8, 2008, which coincides with the first available hearing date for Abbott’s stay
motion, or some other date in February convenient to the Court,.
Respectfully,
D [ QGAQV "~‘~"
Frederick L, Cottrell, III (#2555)
FLC,lI1/afg
cc: Daniel A. Boehnen, Esquire (via ernail)
Philip A. Rovner, Esquire (via email)
Mary W. Bourke, Esquire (via email)
Adarn Wyatt Poff, Esquire (via email)
John W. Shaw, Esquire (via email)
Rodger D. Smith, Esquire (via email)
T. Cole Peterson, Esquire (via e·1nail)
ntri-2240355-i

Case 1:07-cv-00753-JJF

Document 26

Filed 01/04/2008

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Case 1:07-cv-00753-JJF

Document 26

Filed 01/04/2008

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