Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00432-GMS

Document 33

Filed 07/16/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BOEHRINGER INGELHEIM PHARMA GMBH & CO. KG, DR. KARL THOMAE GMBH, BOEHRINGER INGELHEIM INTERNATIONAL GMBH, and BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., Plaintiffs, v. BARR LABORATORIES, INC., Defendant.

C. A. No. 07-432 (GMS)

STIPULATION AND ORDER AMENDING SCHEDULING ORDER WHEREAS the parties are engaged in ongoing settlement negotiations; and WHEREAS by Oral Order dated July 16, 2008, the Court rescheduled the Markman hearing set for September 10, 2008 to October 15, 2008 at 9:30 a.m.; and WHEREAS the parties further request that the dates for Markman briefs be adjusted in light of the change in date of the Markman hearing; IT IS HEREBY ORDERED this _________day of _________, 2008 that paragraph 3 of the Court's Scheduling Order entered on January 11, 2008 (D.I. 17-2), as amended on May 14, 2008 (D.I. 29), is further amended as follows: 3. Markman Claim Construction Hearing. A Markman claim construction hearing shall be held on October 15, 2008 at 9:30 a.m. The Markman hearing is scheduled for a total of 3 hours with each side having 1-1/2 hours. The plaintiff shall submit to the court a Joint Appendix of Intrinsic and Extrinsic Evidence (the "Joint Appendix") containing all intrinsic and extrinsic evidence relied upon in the claim construction briefing. A sample table of contents of

Case 1:07-cv-00432-GMS

Document 33

Filed 07/16/2008

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the Joint Appendix can be located on this court's website at www.ded.uscourts.gov. The Joint Appendix shall be filed on the same day as the answering claim construction briefs. The parties shall file opening claim construction briefs on August 22, 2008, and answering claim construction briefs on September 10, 2008. All other provisions of the January 11, 2008 Scheduling Order shall remain in effect. MORRIS, NICHOLS, ARSHT & TUNNELL LLP PHILLIPS, GOLDMAN & SPENCE, P.A.

/s/ Karen Jacobs Louden
__________________________________ Jack B. Blumenfeld (#1014) Karen Jacobs Louden (#2881) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiffs

/s/ John C. Phillips, Jr.
______________________________ John C. Phillips, Jr. (#110) Brian E. Farnan (#4089) 1200 North Broom Street Wilmington, DE 19806 (302) 655-4200 [email protected] [email protected] Attorneys for Defendant

SO ORDERED this

day ___________, 2008.

Sleet, C.J.
2412849.1

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