Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00753-JJF Document 228 Filed 07/01 /2008 Page 1 of 2
Potter
fi! Anderson
L Corroon nr
Philip A. Rovner
1313 North Marker Street Paymny
PO. Box 95t prcvner@pcttcrmiderson. com
Wilmington, DE ’i9899~0951 302-984-6140 Direct Phone
302 984 6000 302-65s·1192 Fax
wwvmpotterar1r¥erson.eom
July 1, 2008
BY E-FILE
The Honorable Joseph J. Farnan, Jr.
U.S. District Court for the District of Deiaware _
U.S. Courthouse .
844 North King Street
Wilmington, DE 19801
Re: Roche Diagnostics Operations Incorporated, et al. v.
Abbott Diabetes Care, Incorporated, etal., _
D. Del., C.A. No. 07-753-JJF
Dear Judge Farnan:
We represent plaintiffs Roche Diagnostics Operations 1nc. and Corange
International Limited (collectively "Roche”) in the above—referenced action. We write to request
that, in order to keep this matter on schedule for a mid—2009 triai (see February 8, 2008 Hearing
Tr. at 40), the Court hold a status conference at Your i~Ionor’s earliest convenience.
The timing of Roche’s request is not mere happenstance. Your Honor is
· scheduled to hear Roche’s Second Motion to Compel on Friday, July I 1, the Court’s next
scheduled motion day. We respectfully suggest that, since most if not all patties will be in
Wilmington for that hearing, Thursday, July l0 or Friday, July ll may well be convenient dates
for both the Court and the parties to discuss the issues that threaten to derail the present schedule.
The Scheduiing Order entered by the Court on April 24, 2008 (D.I. 147) divided
discovery in this multbdefendant patent infringement action into phases; Phase I was iiniited to
infringement and prior invention issues and Phase II was limited to invalidity issues. (D.I. 147,
at il 3.). Pursuant to il 3(a)(i)(l) of the Scheduling Order, the parties were ordered to complete
written Phase I discovery by June 27, 2008. Although Paragraph 3(a)(ii)(1) ofthe Scheduling
Order provides that deposition discovery shall commence upon the cornpietion of Phase i written
discovery, that start date is threatened as a result of some outstanding issues regarding
defendants’ responses to Roche’s Phase 1 written discovery requests. See Roche Motions to
Compel (DJ. 135; 208); Defendant LifeScan’s Motion to Extend Discovery Period (D.I. 219).

Case 1:07-cv-00753-JJF Document 228 Filed 07/O1/2008 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
July l, 2008
Page 2
Accordingly, Roche respectfully requests that the Court set a status conference to
some time within the next few weeks. In addition to the matters discussed above, the parties
have competing proposals for a Protective Order before the Court (D,}. 133); resolution of that
issue would allow the parties to provide materials to their respective experts and to in-house
counsel who have settlement authority.
Counsel for Roche approached counsel for defendants regarding its request for a
for a status conference. The sole defendant that even responded to Roche’s request, Bayer
Healthcare LLC, declined to join Roche in its request.
Counsel are available at the Ccuzt’s convenience should Your Honor have any
questions. g
Respectfully,
/s/ Philip A. Rovner
Philip A. Rovner
[email protected]
FAR/mes/8724 1 5
cc: Mary W. Bourke, Esq. —— by CM/ECF and E-mail
John W. Shaw, Esq. —— by CM/ECF and E—mail
Rodger I). Smith, Esq. -~ by CM/ECF and E»mail
Steven J. Balick, Esq. -- by CM/ECP and E-mail

Case 1:07-cv-00753-JJF

Document 228

Filed 07/01/2008

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Case 1:07-cv-00753-JJF

Document 228

Filed 07/01/2008

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