Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 36 Filed O3/28/2008 Page 1 of 3
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ELECTRONICALLY FILED
ORIGINAL BY HAND
March 28, 2008
The Honorable Joseph J. Farnan, Jr. .
United States District Judge
District of Delaware
844 King Street
_ Wilmington, DE l980l
Re: ICU Medical, Inc. v. Ryl\/{ed Technologies, Inc.
Case No. 07-468 (JJF)
Dear Judge Farnan:
I represent defendant RyMed Technologies, Inc. (“RyMed"). I write in response to Mr.
lwIorwitz’s March 26, 2008 letter (DI 35). RyMed has no objection to setting a date for a
scheduling conference to discuss this case with your Honor. However, before a meaningful
discussion can be held and a reasonable schedule set, the parties need to understand the scope of
. this case.
R,yMed’s pending Motion for Reargurnent of Order Denying Motion to Transfer Venue
(DI. 25) seeks to have this Delaware case transferred to the Central District of California where
it would be consolidated with a broader action tiled by Ryl\/led against ICU alleging patent,
trademark and California state law tort claims. If RyMed’s motion is granted, then this case
would be transferred to California and there would be no need to set a schedule before this Court.
if RyMed’s motion is denied, then Ryl\/led would most likely seek to tile new counterclaiins in
this Delaware case, asserting here the same or similar patent, trademark and California tort
claims now alleged in the California case. These new cotmterclaims would require significantly
expanded discovery, including third part discovery and international depositions, which would
not be necessary for the one—product patent claims presently pending before the Court. In other
words, in order to discuss and set an appropriate schedule in this case, the Court and the parties
need to understand the full scope of the claims that will be litigated. Rylvied has made this
position clear-to ICU.
{*,;,2 WG8`,
www.bayardlaw.corn Phone: {302) 655-5000 Fax: (302) 658-6395 ’ 4, I
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Case 1:O7—cv-00468-JJF Document 36 Filed O3/28/2008 Page 2 of 3
The Honorable Joseph 5. Farnan, Jr.
5 _ March 28, 2008
Pase 2
Ryl\/Ied respectiiilly submits that a scheduling conference be set approximately 30 days
after this Court issues its ruling on RyMed’s pending motion, so that the parties have sufficient
time to confer about a proposed case schedule under Federal Rule of Civil Procedure 26(t).
Respc-:etfu1l
Kirk (rk0922) [
RDK/tri
‘ cc: Counsel as shown ou the attached certificate
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Case 1 :O7—cv-00468-JJF Document 36 Filed O3/28/2008 Page 3 of 3
CERTIFICATE OF SERVICE
The undersigned counsei certiiies that, on March 28, 2008, he electronically filed
the foregoing document with the Clerk of the Court using CMfECF, which will send
automatic notification of the filing to the following:
Richard L. Horwitz, Esquire
Potter, Anderson & Corroon, LLP
1313 N. Market Street, 6m Floor
Wilmington, Delaware 19899
The undersigned counsel ftutlier certifies that, on March 28, 2008, copies of` the
foregoing document were sent by email and hand to the above local counsel and by email
and first class mail to the following non~registered participant:
James Pooley, Esquire
Marc Peters, Esquire
Kimberly Van Voorhis, Esquire
Morrison & Foerster, LLP
755 Page Mill Road
Palo Alto, CA 94304
/s/ Richard D. Kirk grk0922;
Richard D. Kirk
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