Free Status Report - District Court of Delaware - Delaware

Case 1 :06-cv-00098-SLR Document 23 Filed O2/27/2007 Page 1 of 2
ASHBY & GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
302-654-IBSB
soo DELAWARE AVENUE
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WILMINGTON, DELAWARE r9899
February 27, 2007
The Honorable Mary Pat Thynge VIA ELECTRONIC FILING
United States District Court
844 King Street
Wilmington, DE 19801
Re: Secure Elements, Inc. v. Citadel Security Software, Inc.,
C.A. No. 06-98-***
Dear Judge Thynge:
I represent the plaintiff ("Secure Elements") in the above action, in which Your Honor
recently ordered the submission of a joint status report and scheduled a status teleconference to
take place at noon on March 5, 2007 (D.I. 22). Counsel for the defendant ("Citadel”) previously
moved to withdraw, which motion was granted on January 19, 2007 (D.I. 21), and to date no new
counsel have appeared on Citadel’s behalf. Accordingly, while the submission of a joint status
report is not possible, Secure Elements hereby provides its own report regarding the status of this
matter.
By stipulated order entered by Judge Jordan on May 12, 2006 (D.I. 17) (thc "Stay
Order"), this action has been stayed pending reexamination of the patent-in-suit (U.S. Patent No.
7,000,247). Pursuant to the Stay Order, the parties are to contact the Court within 10 days of the
issuance of a reexamination certificate to request a teleconference to report on the status of the
reexamination.
No motions are outstanding, and when the stay went into effect, neither party had yet
served any discovery requests. Although shortly before the stay was entered a scheduling order
was issued, and although the scheduling order included a referral to Your Honor for purposes of
exploring ADR, no mediation or other form of ADR ever was scheduled, and there are no other
deadlines or events other than the aforementioned requirement to notify the Court and request a
teleconference upon issuance of a reexamination certificate by the Patent Office.
Ms. Kennedy has advised that we should assume the March 5, 2007 status conference
will proceed notwithstanding the absence of defense counsel, and tmless I hear otherwise, I will
plan on initiating that call at the scheduled time. If upon review of this letter Your Honor

Case 1:06-cv-00098-SLR Document 23 Filed O2/27/2007 Page 2 of 2
The Honorable Mary Pat Thynge
February 27, 2007
Page 2
concludes that the infomation herein is sufficient for present ptuposes, and that there is no need
to proceed with an ex parte status conference, we assume the Court will so notify us.
Respectfully,
/s/ Steven J Balick
Steven J. Balick
SJB/dmf
178260.1
c: Citadel Security Software, Inc. (via U.S. Mail)
Jonathan G. Graves, Esquire (via electronic mail)