Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:07-cv-00551-GMS

Document 35

Filed 08/07/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SANTARUS, INC., a Delaware corporation, and THE CURATORS OF THE UNIVERSITY OF MISSOURI, a public corporation and body politic of the State of Missouri, Plaintiffs, v. PAR PHARMACEUTICAL, INC., a Delaware corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-551-GMS (CONSOLIDATED)

JOINT STIPULATION TO AMEND SCHEDULING ORDER WHEREAS, on February 20, 2008, the Court entered a Scheduling Order setting forth the schedule in the above-captioned case; WHEREAS, the Scheduling Order included a claim construction hearing date of September 8, 2008, as well as a date to substantially complete document production by July 11, 2008; WHEREAS, on June 25, 2008, the Court entered an order moving the claim construction hearing date from September 8, 2008 to October 21, 2008; WHEREAS, on July 8, 2008 the parties submitted a Joint Stipulation to adjust the claim construction briefing schedule in light of the new claim construction hearing date of October 21, 2008; WHEREAS, on July 10, 2008 the Court entered the Joint Stipulation as an order; WHEREAS, Defendant Par Pharmaceutical, Inc. has recently retained new lead counsel, and is presently transitioning this matter from the law firm of Frommer Lawrence & Haug LLP to the law firm of Arent Fox LLP;

RLF1-3309839-2

Case 1:07-cv-00551-GMS

Document 35

Filed 08/07/2008

Page 2 of 3

WHEREAS, the defendant seeks additional time to complete Markman briefing; WHEREAS, the parties have been engaged in discussions, and are still discussing, issues surrounding the scope of review and production of electronic documents, and the plaintiffs request that the deadline to substantially complete the production of documents be extended (with the understanding that a rolling production will begin on August 15, 2008) in order to permit the parties to attempt to resolve these issues without having to involve the Court; IT IS HEREBY STIPULATED, by and between Plaintiffs Santarus, Inc. and The Curators of the University of Missouri, and Defendant Par Pharmaceutical, Inc., and subject to the approval of the Court, that the Scheduling Order be amended as follows: Item Date to Substantially Complete Production of Documents Opening Claim Construction Briefs Answering Claim Construction Briefs Joint Appendix of Intrinsic and Extrinsic Evidence Current Schedule August 15, 2008 August 8, 2008 September 8, 2008 September 15, 2008 Proposed Schedule September 5, 2008 August 22, 2008 September 22, 2008 September 29, 2008

All other dates in the Scheduling Order shall remain unchanged.

-2RLF1-3309839-2

Case 1:07-cv-00551-GMS

Document 35

Filed 08/07/2008

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/s/ Jack B. Blumenfeld Jack B. Blumenfeld (#1014) James W, Parrett, Jr. (#4292) Morris, Nichols, Arsht & Tunnell LLP 1201 N. Market Street Wilmington, DE 19899-1347 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiffs Santarus, Inc. and The Curators of the University of Missouri

/s/Steven J. Fineman Frederick L. Cottrell, III (#2555) Steven J. Fineman (#4025) Richards, Layton & Finger, P.A. One Rodney Square Wilmington, Delaware 19899 (302) 651-7700 [email protected] [email protected] Attorneys for Defendant Par Pharmaceutical, Inc.

SO ORDERED this __ day of ________, 2008.

______________________________________ Chief Judge

-3RLF1-3309839-2