Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 53 Filed 07/23/2008 Page 1 of 1
Potter David E. Moore
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July 23, 2008
VIA ELECTRONIC FILING
i The Honorable Joseph J. Farnan, Jr. I
_ United States District Court
z 844 North King Street
Wilmington, DE 19801
Re: ICU Medical, Inc. v. Rymed Technologies, Inc.
C.A. N0. 07-468-JJF
Dear Judge Farnan:
We represent plaintiff, ICU Medical, Inc. in the above-referenced action. We are writing
to notify the Court that the parties have begun activity inthe case relating to discovery as per the
T agreed upon language in the proposed scheduling order submitted on May 30, 2008 (Proposed
Rule 16 Order, D.I. 44). Notwithstanding this activity, there remains a dispute as to which
parties' proposed schedule shall apply to the remainder ofthe case. (See D.I. 44; 45 and 46).
Because, under ICU's proposed schedule, the parties will need to meet and confer in August to
determine which claim terms shall be submitted for construction, we respectfully request the
I Court’s assistance in determining which proposed schedule is most appropriate as the parties
move forward with this case.
We remain available by phone or in person to resolve the differences in proposals if that
would be helpiiil to the Court.
Respectfully,
/s/ David E. Moore
. David E. Moore
I DEM:nnm/svssis /32116
cc: Clerk of the Court (via hand delivery)
Counsel of Record (via electronic mail)