Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 40 Filed 05/22/2008 Page 1 of 1
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jA]]d(§[§()]f]_ Richard L. Horwitz
- P rm
-- German LLP Aiariiyanw
13l3 North Market Street [email protected]
P.O. Box 951 302 984-t-6027 Direct Phone
Wilmington, DE 19899-0951 302 658-1 l92 Fax
302 984-6000
www.potterandcrs0n.com
May 22, 2008
VIA ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr. i
United States District Court
844 North King Street
Wilmington, DE 19801
Rc: ICU Medical, Inc. v. Rymcd Technologies, Inc. I
C.A. No. 07-468—JJ”F
Dear Judge Farnan:
We represent Plaintiff, ICU Medical, lnc., in the above—referenced action. ICU first
approached RyMed regarding a schedule in this case on January l0, 2008. After many months
of discussion, including exchanging several versions of a proposed scheduling order, Ryl\/led
ultimately refused to submit a joint proposed schedule in light of its pending request for
reargument on its motion to transfer. On April 18th this Court denied RyMed‘s request for
reargument. Thereafter, ICU promptly requested RyMed‘s cooperation in finalizing a case
schedule. Again, Ryl\/led refused, claiming that it still could not complete the schedule because
it does not know whether certain non-patent claims will be transferred from the Central District
of California (even though the California court has already agreed that the patent aspects ofthe
California case will proceed in Delaware). Regardless of the outcome with respect to the non-
patent claims, the patties already know that claims for patent infringement will proceed in
Delaware. There is no reason why a schedule cannot be put in place now, in this case that has
been pending for 10 months. -
Accordingly, ICU has filed herewith a proposed schedule which follows this Court's form
scheduling order and respectfully requests that a scheduling conference, either in person or by
telephone, be set at the Courts convenience.
Respectfully,
/s/ Richard L. Horwitz
Richard L. Horwitz
RLH/mbs
865754 / 32ll6
Enclosure
cc: Clerk of the Court (via hand delivery)
Counsel of Record (via electronic mail)