Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00806-GMS-MPT

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Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

S.O.I.TEC SILICON ON INSULATOR TECHNOLOGIES S.A. and SOITEC USA, INC., Plaintiffs, v. MEMC ELECTRONIC MATERIALS, INC., Defendant.

JURY TRIAL DEMANDED Civil Action No.: 1:05-cv-00806-***

JOINT STATUS REPORT Pursuant to the Court's Amended Scheduling Order entered on September 18, 2007, Plaintiffs S.O.I.TEC Silicon On Insulator Technologies S.A. and Soitec USA, Inc. (collectively, "Soitec") and Defendant MEMC Electronic Materials, Inc. ("MEMC") submit the following Joint Status Report. 1. Present Status of the Case

At the request of the parties, the Court entered an Amended Scheduling Order on December 5, 2006 (D.I. 70) that was further amended by agreement of the parties and consent of the Court on May 23, 2007 (D.I. 79), and September 18, 2007 (D.I. 85). The Amended Scheduling Orders extended the deadlines for the upcoming events to afford the parties additional time to collect, organize, review, and produce a high volume of ediscovery materials. Since entry of the last Amended Scheduling Order on September 18, 2007, the parties have largely concluded the large volume of paper discovery in the case, scheduled and taken several dozen depositions in this country and in Europe. Because it is likely
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Case 1:05-cv-00806-GMS-MPT

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Filed 12/14/2007

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that the agreed to depositions cannot be completed in time to conform to the present discovery schedule, the parties have negotiated a further revision to the Scheduling Order, which they are submitting contemporaneously with this Status Report. The parties conducted a technology tutorial on September 15, 2006. 2. Outstanding Motions

There are no outstanding motions. 3. Status of Discovery

The parties have largely concluded paper discovery and have scheduled approximately 40 depositions, about 12 of which will take place in Europe. Virtually all of the depositions either have been taken, or are scheduled, and the parties have been working diligently to conclude the depositions. 4. Pertinent Dates

The current Scheduling Order provides for the dates given below. The parties are concurrently filing a joint stipulation to extend the current deadlines to accommodate the heavy deposition schedule, which is currently expected to conclude in February 2008. Interim Status Report Status Conference Initial Expert Reports Rebuttal Expert Reports Exchange Proposed Claim Construction Discovery Cut Off Joint Claim Construction Chart Case Dispositive Motions December 14, 2007 January 17, 2008, 4:30 p.m. January 14, 2008 February 8, 2008 March 7, 2008 March 10, 2008 March 17, 2008 April 11, 2008

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Hearing on Dispositive Motions and Markman Hearing Final Pretrial Conference Joint Proposed Final Pretrial Order Trial 5. Status of Mediation

June 9, 2008 September 25, 2008 August 25, 2008 October 28 through November 11, 2008, 9:30 a.m.

The parties participated in mediation before U.S. Magistrate Judge Mary Pat Thynge on November 29, 2006. 6. Settlement Discussions

The parties are engaging in further discussions regarding settlement independent of a formal ADR procedure. Dated: December 14, 2007
EDWARDS ANGELL PALMER & DODGE LLP

/s/ Denise Seastone Kraft Denise Seastone Kraft (No. 2778) 919 North Market Street, 15th Floor Wilmington, DE 19801 302.777.7770 302.777.7263 (fax) [email protected] Attorneys for Plaintiffs S.O.I.TEC Silicon On Insulator Technologies S.A. and SOITEC USA, INC., OF COUNSEL: George W. Neuner (Pro Hac Vice) Alan M. Spiro (Pro Hac Vice) Brian M. Gaff (Pro Hac Vice) EDWARDS ANGELL PALMER & DODGE LLP 111 Huntington Avenue Boston, MA 02199-7613 (617) 239-0100 (617) 227-4420 (fax)

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Michael Brody (Pro Hac Vice) Tracy Allen (Pro Hac Vice) WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, Illinois 60601 312.558.5600 312.558.5700 (fax)

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Dated: December 14, 2007

CONNOLLY BOVE LODGE & HUTZ LLP

/s/ Patricia Smink Rogowski Patricia Smink Rogowski (No. 2632) 1007 N. Orange Street P.O. Box 2207 Wilmington, DE 19899-2207 302.658.9141 302.658.5614 (fax) [email protected] Attorneys for Defendant MEMC Electronic Materials Inc.,

OF COUNSEL: Robert M. Evans, Jr. David W. Harlan Marc W. Vander Tuig SENNIGER POWERS One Metropolitan Square 16th Floor St. Louis, MO 63102 (314) 231-5400 (314) 231-4342 (fax)

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CERTIFICATE OF SERVICE I hereby certify that on this 14th day of December 2007, a true and correct copy of the foregoing JOINT STATUS REPORT was electronically filed with the Clerk of the Court using the CM/ECF system and a copy was served upon the following counsel of record in the manner indicated: BY HAND Patricia Smink Rogowski, Esq. Paul E. Crawford, Esq. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801

BY EMAIL & FIRST-CLASS MAIL Robert M. Evans, Esquire Senniger Powers One Metropolitan Square, 16th Fl. St. Louis, MO 63102 [email protected]

EDWARDS ANGELL PALMER & DODGE LLP

/s/ Denise Seastone Kraft Denise Seastone Kraft (No. 2778) 919 North Market Street, 15th Floor Wilmington, DE 19801 302.777.7770 302.777.7263 (fax) [email protected]

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