Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 22 Filed 12/14/2007 Page 1 of 4 _
222 Dsmcanr Avenue, Suns 900
RO. Box 2,5150 I
WEl.MING1'ON, DE 19899 E
B Zn·Coa>sFortD1t|.1vrnu;s; 19801 _
A T O R E Y S _ MERITAS LAW FIRNIS W(}Rl.DWiDE
. www.bay:trclfirm.com
ELECTRONICALLY FILED s02»655-5000
AL (FAX) $02658-6595 2
Wmrsws l)1R£c’1‘At:c1tss
(302) 429-4208
[email protected]
December 14, 2007
The Honorable Joseph J. Farnan, I r. · .
United States District Judge
District of Delaware
844 King Street Q
Wilmington, DE 19801 ‘
Re: ICU Medica}, Inc. v. Ryl\/[ed Technologies, Inc. I
Case No. 07-468 (JJF)
Dear Iudge Farnan:
I represent defendant Ryl\/fed Technologies, Inc. (“Ryl\/Ied"). I write pmsuant to Local
Rule 7.1 .2(b) to bring to the Court’s attention a recently issued order in a related case that bears
on RyMed’s Motion to Transfer (DJ. 10).
` In its opening brief in support of the motion to transfer (D.l. li), Ryl\/led informed the
Court that it had filed an action against plaintiff ICU Medical, Inc. ("ICU), involving the same .
technology and same patents as present in the instant case, in the United States District Court for
the Central District of California ("Ryl\/Ied’s California Litigation"), and also described other j
litigation in California involving ICU’s technology and patents. RyMed informed the Court (at
footnote 6) that it had, in RyMed’s California Litigation, fiied a Notice of Related Cases and i
Notice of Pendency of Other Actions and Proceedings requesting assignment of RyMed’s ·
California Litigation to the Honorable Mariana R. Ffaelzer. See also Exhibit I to the Declaration _
of Katherine L. Altemus (DI. 13). `
Today, Judge Pfaelzer issued an order (copy attached) accepting reassignment of
Ryi\/Ied’s California Litigation to her docket. Judge Pfzaelzer, who (as noted in RyMed’s briefs)
has aiready issued rulings in other cases involving three ofthe four patents in suit in the instant
case, has now affirmatively assumed jurisdiction over Ryl\/Ied’s California Litigation, which
involves all of the patents in suit in the instant case. _
Respectfully submitted, ,
RDK/tn
Enciosures _ Q
cc: Counsel as shown on the attached certificate i

Case 1 :07-cv-00468-JJF Document 22 Filed 12/14/2007 Page 2 of 4
Case 8:07’—cv—0i199—MRP—VBK Document 14 Filed 12/ at D KE *1 an
uu; i Q zur p
,. v"i'Q€>x
w`!:¢
UNITED STATES DISTRICT COURT ""'
CENTRAL DISTRICT OF CALIFORNIA
Rymed T€Cl1l10l0glBS IHC CASE NUMBER:
l plaingms), SACV OY-I E99 DOC (MLGX)
V.
ICU Medlcai, Inc ORDER RE TRANSFER PURSUANT
TO GENERAL ORDER 07-02
D8fmdam(S)_ (Related Cases) 1
CONSENT .
I hereb consent to the transfer of the aboveentitled 2ese to my calendar, pur <:@r Order 07-02. /.
A AR.? AELZER M
Date United States District Judge

DECLINATION
I hereby decline to transfer the aboveentitled case to my calendar for the reasons set forth:
-


_ Date United Stores District Judge

REASON FOR TRANSFER AS ENDICATED BY COUNSEL
V Case 5 M3; gg, {)Q§8Q MRQ gggjgxg and the present case:
EIA. Arise from the same or closeiy related transactions, happenings or events; or
MB. Call for determination of the same or substantiaily related or similar questions of law and fact; or ~
UC. For other reasons wouid entail substantial duplication of iabor ifheard by different judges; or
El D. Involve the same patent, trademark or copyright, and one ofthe factors identified above in a, b or c also is
present. · j _

i _: . NOTECE TO COUNSEL FROM CLERK
Pursuant to the above transfer, an A discovery matters that are or may be referred toa, agistrete Jud e wer? transferred from
Magistrate Judge Q, A Q to Magistrate Judge :0 G .
On all documents subsequently tiled in this case, please substitute the initiais K after the case number in place
ofthe initials ofthe prior judge, so that the case number wilt read O .• I? . This is very importmt because
documents are routed to the assigned judges by means of these initials. The case iiie, under seal documents, exhibits, docket, transcripts
or depositions may be viewed at th? Western G Southern I3 Eastern Division.
· 1 Subsequent documents must be tiled at the meswrn E] Suutlsern E3 Eastern Division.
Failure to file at the proper location will result in your documents being returned to you.
CV~34 (ester) onmzn ns rnnnssnn ruusunur ro GENERAL onnmz or-sz ( sented cam}

Case 1:07-cv-00468-JJF Document 22 Filed 12/14/2007 Page 3 of 4

From: [email protected] [mailto:[email protected]]
Sent: Friday, December 14, 2007 9:58 AM
To: [email protected]
Subject: Activity in Case 8:07-cv-01199-MRP~\/SK Rymed Technologies, Inc v. ICU Medicai, Inc Transferring Case purs
GO 07*02 (Related Case (CV 34)
This is an automatic e—maiI message generated by the CM/ECF system. Please DO NOT RESPOND to
this e-mail because the mail box is unattended. Direct all inquiries to ccf-helpdesk@,cacd.uscou11s.gov.
***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To
avoid later charges, download a copy of each document during this first viewing.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Notice of Electronic Filing -
The following transaction was entered on i2/14/2007 at 9:53 AM PST and tiled on 12/ 14/2007
Case Name: Rymed Technologies, Inc v. ICU Medical, Inc
Case Number: 8:07-cv-1 I99
Filer:
Document Number: ld
Docket Text: I
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 07-02 —·Reiated Case- tiled. Related Case No:
SACV 04-00689 MRP (VBKX). Case transfered from Judge David O. Carter and Marc L. Goldman to Judge
Mariana R. Pfaelzer and Victor B. Kenton for all further proceedings. The case number will new reflect the
initials ofthe transferee Judge SACV 07-1199 MRP (V BKx).Signed by Judge Mariana R. Pfaelzer (jal)
8:07~cv-1199 Notice has been electronically mailed to:
Henry C Bnnsow [email protected]
Don F Livornese [email protected]
James I-I A Pooley jpoo1ey@mot`o.com .
K T Cherian cheria11l<@howrey.com,’[email protected]
Robert Scott Wales [email protected] n
Kimberly N Van Voorhis [email protected]
Marc David Peters mdpete1·[email protected]
Diana Luo [email protected]
8:07-cv—1199 Notice has been delivered by First Class U. S. Mail or by fax to: :

Case 1 :07-cv-00468-JJF Document 22 Filed 12/14/2007 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on December 14, 2007, he electronically
filed the foregoing document with the Clerk ofthe Court using CM/ECF, which will send
automatic notification of the filing to the following:
Richard L. Horwitz, Esquire
Kenneth L. Dorsney, Esquire
Potter, Anderson & Corroon, LLP
1313 N. Market Street, 6th Floor
Wilmington, Delaware 19899
The undersigned cotmsel further certifies that, on December 14, 2007, copies of
the foregoing document were sent by email and hand to the above local counsel and by
email and first class mail tothe following nomregisrered 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 grl<0922l
Richard D. Kirk S
{00666484;vl } .
6664844