Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01452-JJF Document 100 Filed 03/13/2007 Page 1 of 2
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VIA ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court
844 North King Street
Wilmington, DE l980l
Re: E. I. du Pont de Nemours & Co. v. Great Lakes Chemical Corp.
C. A. No. 94-1452~J.}F
Dear Judge Farnan:
On February 22, 2007, the Court issued an Order (D.I. 98) setting Monday, April 2, 2007
as the l\/Iarkman Hearing date and Thursday, September 6, 2007 as the date for a Pre~"i`rial
Conference in the above—styled case. The parties are currently in the "contract phase" ofthe case
pursuant to this Courts Order of July 28, 2006 (Di. 64) granting Great Lal the schedule to allow discovery on the parties’ contract claims, connterclaims and defenses to
A proceed first.
Under the Amended Scheduling Order entered by the Court on November 6, 2006, fact
discovery for the plaintiff s infringement claim and all other issues are to be completed not later
, than two (2) months following a ruling by the Court on all substantive motions tiled on the
contract issues. Fact depositions on the patent infringement claims and all other issues are to be
completed within two (2) months following the completion of fact discovery on the same. Under
paragraph 7 ofthe Amended Scheduling Order (DI. 83), a "l\/larkman Hearing will be held on a
date chosen by the Court approximately three (3) months after the completion of fact depositions
relating to plaintiffs patent infringement claim and all other issues.”
Because the parties are still involved in the contract portion of the case, with deadlines
for dispositive motions on the contract issues coming up in April, the parties submit that
compliance with the February 22, 2007 Order is not possible. Moreover, in light of many dates
- being triggered by other dates unknown at this time, it is difficult for the parties to predict
J appropriate times for a l\/larkman Hearing and Pre—'l`rial Conference.

_ Case 1:04-cv-01452-JJF Document 100 Filed 03/13/2007 Page 2 of 2
U The Honorable Joseph J . Farnan, I r.
March 13, 2007
Page 2
; Accordingly, the parties jointly request that the February 22, 2007 Order be withdrawn
and that the Court issue a revised Order once the patent infringement portion of the case has
i commenced. Counsel are available at the Court’s convenience if Your Honor has any questions.
Respectfully,
/s/ David E. Moore i
David E. Moore
DEM:mnr/vxzsoa/20120-212
ce: Clerk ofthe Court (via hand delivery)
Counsel of Record (via electronic mail)

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