Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv—00680-IVIPT Document 79 Filed 07/30/2008 Page 1 of 1
ARCHER Sc GREINER, P.C.
— ATTORNEYS AT LAW
~ Member of Delaware and Mal)/[und BCI? gb;-Own@aygher|aw_c0m
SUITE 13 70 Direct Dial: Direct Fax:
( WILMINGTON, DE 19801 (302) 356-6621 (302) 777-4352
302-777-4350
F AX 302-777-43 52
www.archer1aw.com
, July 30, 2008
The Honorable Mary Pat Thynge, U.S.M.J.
U.S. District Court ofthe District of Delaware
( 844 N. King Street, Lock Box 18
l Wilmington, Delaware 19801
l
l RE: Innovative Patents, L.L.C. et al. v. Brain-Pad, Inc.
I C.A. No. 1:07-cv-00680-MPT (Del.)
1 Scheduling Order
I Your Honor:
E In accordance with Your Honor's instructions following the August 29, 2008
teleconference, I have enclosed a proposed order which modifies the scheduling order. The
plaintiffs have advised me that they find the attached order acceptable. I am available if there are
1 any questions regarding this at the Court's convenience. Thank you.
s ectfully,
IQ!
A E . O , II (# 3368)
CJB/dma
Encl.
cc: Joseph J. Fleischman, Esquire
J. Clayton Athey, Esquire
3452018vl
HADDONFIELD OFFICE PRINCETON OFFICE FLEMINGT ON OFFICE PHILADELPHIA OFFICE NEW YORK OFFICE
One Centennial Square 700 Alexander Park Plan One One South Broad Street 2 Penn Plaza
Haddonfield, NJ 08083 Suite 102 1 State Route 12, Suite 201 Suite 1600 Suite 1500
P 856-795-2121 Princeton, NJ 08540 Flemington, NJ 08822-1722 Philadelphia, PA 19107 New York, NY 10121
F 856-795-0574 P 609-580-3700 P 908-788-9700 P 215-963-3300 P 212-292-4988
F 609-580-0051 F 908-788-7854 F 215-963-9999 F 212-629-4568

Case 1 :07-cv—00680-IVIPT Document 79-2 Filed 07/30/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INNOVATIVE PATENTS, L.L.C. and )
FORCEFIELD, LLC, )
)
Plaintiffs, )
I )
p v. ) Civil Action No. 07-680-MPT
) `
1 BRAIN-PAD, INC., )
)
i Defendant. )
i
ORDER AMENDING FEBRUARY 14, 2008 SCHEDULING ORDER
IT IS HEREBY ORDERED, this day of , 2008, that the Court's
Scheduling Order of February 14, 2008 (D.I. 37) (the "Scheduling Order") is amended as follows:
1. Current Paragraph 3(d) ofthe Scheduling Order is deleted in its entirety and replaced
with the following:
d. Disclosure of Expert Testimony. For the party who
has the initial burden of proof on the subject matter, the initial Federal
Rule 26(a)(2) disclosure of expert testimony by service of expert
report is due on or before October 1, 2008. The supplemental
disclosure to contradict or rebut evidence on the same matter
identified by another party by service of expert report is due on or
before November 1, 2008. Along with the service of the expert
reports, the parties shall advise ofthe dates and times of their experts’
availability for deposition, which shall be completed on or before
November 21, 2008.
To the extent any objection to expert testimony is made
pursuant to the principles amrounced in Daubert v. Merrell Dow
Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of
Evidence 702, it shall be made by motion no later than the deadline
for dispositive motions set forth herein, unless otherwise ordered by
the Court.
2. The parties need not submit a joint interim status report on August 6, 2008 as
contemplated by Paragraph 6 of the Scheduling Order.
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Case 1:07-cv—00680-I\/IPT Document 79-2 Filed 07/30/2008 Page 2 of 2
3. The telephonic status conference previously scheduled for August 13, 2008, as
provided in Paragraph 7 of the Scheduling Order, is cancelled and shall instead be held on October
16, 2008 at 5:00 p.m. Defendant's counsel shall initiate the telephone call.
United States Magistrate Judge
l

l
I
l
20368.l\3757l0vl

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Document 79

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Case 1:07-cv-00680-MPT

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