Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00468-JJF Document 35 Filed O3/26/2008 Paget of 2
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p jX[]d(j}]"§,(};['] Richard L. Horwitz
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an iC0IT001/1 LLP Attorhhy at Law ‘
1313 North Market Street [email protected]
RO. Box 951 302 984-6027 Direct Phone
Wilmington, DE 19899-0951 302 658-1192 Fax
302 984-6000
www.potterandersoi1.c0m
March 26, 2008
VIA ELECTRONIC FILING
The Honorable Joseph J. Farnan, J r. ‘
United States District Court
844 North King Street
Wilmington, DE 19801
Re: ICU Medical, Inc. v. Rymed Technologies, Inc.
C.A. No. 07-468-JJF
Dear Judge Farnan:
We represent Plaintiff, ICU Medical, Inc. in the aboveeeferenced action. Pursuant to
Fed. R. Civ. P. 16(b) and Local Rules 16.1., Plaintiff requests that the Court set a date for a
scheduling conference in this case.
As background, ICU tiled its Complaint alieging patent infringement by defendant,
Ryl\/led Technoiogies, Inc. on Jniy 27, 2007. RyMed tiled a motion to transfer venue to the
Centra} District of California on October 11, 2007. On January 23, 2008, the Court denied
RyMed’s motion. On February 6, 2008, RyMed moved for reconsideration/rearguinent. ICU
opposed the motion on February 25, 2008, and the Court has taken the rnatter under submission.
ICU provided a proposed scheduling order to Ryi\/led on January 10, 2008. The parties
have been discussing it for the past two months. When it became ciear that an agreement could
not be reached on ali aspects ofthe schedule, ICU suggested that the parties submit the proposed
schedule to the Court, identifying the areas of disagreement and providing the parties' respective
positions with respect to those issues. RyMed refused to do this, stating that it could not
complete the schedule because it does not know what the scope of the case will be, in particuiar,
whether it will be bringing any additional counterclaims that might require third party
discovery. ICU submits that this Courts form scheduling order allows ample time for amending
the pleadings and taking discovery, which makes RyMed’s concem a non-issue.

Case 1:07-cv-00468-JJF Document 35 Filed O3/26/2008 Page 2 of 2
The Honorabie Joseph J. Farnan
March 26, 2008
Page 2
By refusing to submit a joint scheduling order to this Court, RyMeci is preventing ICU
from moving forward with discovery and has essentially granted itself a stay while the Court
decides the reconsideratiora/reargument motion. There is no need to further delay discovery in
this action. Accordingly, ICU requests that the Court set a date for a scheduling conference at
the Court’s earliest convenience.
Respectfully submitted,
Richard L. Horwitz
RLH/jmm
857203 / 321 16
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