Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 43 Filed 05/23/2008 Page 1 of 2
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ELECTRONICALLY FILED
ORIGINAL BY HAND
May 23, 2008
The Honorable Joseph J. Farnan, Jr.
United States District Judge
District of Delaware
844 King Street
Wilmington, DE 19801
Re: ICU Medical, Inc. v. RyMed Technologies, Inc.
Case No. 07-468 (JJ F)
Dear Judge Farnan:
I represent defendant Ryl\fIed Technologies, Inc. ("RyMed") Mr. Horwitz represents
plaintiff ICU Medical, Inc. (“ICU°’). I am responding briefly to l\/lr. Horwitz’s letters of
yesterday (Ill. 40) and today (D.I. 42).
Mr. Horwitz’s letters did not fully inform the Court that the parties have been in frequent
contact on the matter of scheduling. In fact, as of Mr. l-Iorwitz’s letter of yesterday, the parties
were expressly awaiting Judge Pfaelzer’s decision on ICU’s motions to dismiss and transfer.
Judge Pfaelzer issued her decision yesterday, after Mr. Horwitz’s letter. As Ryl\/Ied has told ICU
repeatedly, what Judge Pfaelzer did would have an effect on the schedule in Delaware.
Now that the scope of what will be tried here in Delaware is clear, Ryl\/led can
meaningfully discuss scheduling with ICU. Our hope is to be able to submit an agreed schedule,
but even if we are not able to agree we can narrow our areas of disagreement. We ask the
Court’s indulgence to allow us to do that and to respond more fully to ICU’s scheduling proposal
not later than next Friday, May 30, 2008.
Respectfully submitted,
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RDK/tn
cc: Counsel as shown on the attached certificate
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www.bayardlaw.com Phone: (302) 655-5000 Fax: (302) 65 8-6395 5 MRM!}

Case 1:07-cv-00468-JJF Document 43 Filed 05/23/2008 Page 2 of 2
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on May 23, 2008, he electronically tiled
the foregoing document with the Clerk of the Court using CM/ECF, which will send
automatic notification of the tiling to the following:
Richard L. Horwitz, Esquire
Potter, Anderson 8: Corroon, LLP
1313 N. Market Street, 6ih Floor
Wilmington, Delaware 19899
The undersigned counsel further certifies that, on May 23, 2008, copies of the
foregoing document were sent by email and hand to the above local counsel and by email i
and first class mail to the following non-registered participant:
J amos Pooley, Esquire
Marc Peters, Esquire
Kimberly Van Voorhis, Esquire
Morrison & Foerster, LLP
755 Page Mill Road
Palo Alto, CA 94304
/s/ Richard D. Kirk §rl<0922)
Richard D. Kirk g
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