Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00457-SLR Document 21 Filed O9/14/2007 Page 1 of 1
MORRIS, NIGHOLS, ARSHT gt TUNNELL LLP
1201 Noivru MARKET Summ-
P.O. Box 1347
I Wrnuruerou, Dsulwaxn 19899-1347 _
302 658 9200
nas. Bmml., 388 888 3383 FAX
stm 251 9291
302 425 2012 ru September 14, 2007
[email protected]
The Honorable Mary Pat Thynge VIA ELECTRONIC FILING
United States District Court
For the District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Cancer Research Technology, Ltd. et al. v. Barr Laboratories, Inc. et al.
C.A. No. 07-457 (***)
Dear Judge Thynge:
At the September 12, 2007 Scheduling Conference, defendants’ counsel argued
that defendants needed additional time to complete fact discovery because the inventors did not
- reside in the United States and were not employees of plaintiffs. Defendants’ counsel stated that
additional time would be required if they had to resort to the Hague Convention.
Plaintiffs have now obtained agreement of three of the four living inventors to
appear in United States-style depositions in the countries of their residence and that, therefore, it
will not be necessary to rely upon the Hague Convention. The fourth inventor, Dr. Lunt, is
elderly. We are scheduling a meeting with him to obtain his consent to be deposed.
At most, one elderly inventor is at issue and that can be dealt with by special
arrangement, if necessary, with no need for several additional months of wide-open fact
discovery. Accordingly, plaintiffs respectfully submit that their proposed schedule will provide
ample time for completion of fact discovery, including the inventors’ depositions.
Respectfully,
Q. hep,
6 B. Blumenfeld (#1014)
J BB/dlb
cc: Clerk of the Court (Via Hand Delivery)
John C. Phillips, Jr., Esquire (Via Electronic Mail)
Taras A. Gracey, Esquire (Via Electronic Mail)
Denise L. Loring, Esquire (Via Electronic Mail)