Free Stipulation - District Court of Delaware - Delaware

Case 1 :07-cv—OO432-GIVIS Document 29 Filed 05/O9/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BOEHRIN GER INGELHEIM PHARMA
GMBH & CO. KG, DR. KARL THOMAE
GMBH, BOEHRIN GER IN GELHEIM
INTERNATIONAL GMBH, and BOEHRINGER
INGELHEIM PHARMACEUTICALS, INC., C. A. N0 07432 (GMS)
Plaintiffs,
v.
BARR LABORATORIES, INC.,
Defendant.
STIPULATION AND ORDER AMENDING SCHEDULING ORDER
WHEREAS by Oral Order dated May 2, 2008, the Court rescheduled the
Markman hearing set for July 3l, 2008 to September l0, 2008 at 9:30 a.m.; and
WHEREAS the parties therefore request to adjust the dates for Markman
exchanges accordingly, 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 J anuary ll, 2008 (D.I. 17) is hereby
amended as follows:
3. Markman Claim Construction Hearing. A Markman claim construction
hearing shall be held on September 10, 2008 at 9:30 a.m. The Markmcm hearing is scheduled for
a total of 3 hours with each side having 1-l/2 hours. On or before June 25, 2008, the parties
shall exchange claim terms to be construed and proposed constructions. On or before July 2,
2008 the parties shall meet and confer regarding narrowing and reducing the number of claim

Case 1 :07-cv—OO432-GIVIS Document 29 Filed 05/O9/2008 Page 2 of 2
construction issues. On or before July 11, 2008, the parties shall submit a Final Joint Claim
Chart which shall include citations to intrinsic evidence. 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 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 July 23, 2008, and answering claim construction
briefs on August 11, 2008.
All other provisions of the January 11, 2008 Scheduling Order shall remain in
effect.
MORRIS, Nrcrrors, Arzsur & TUNNELL LLP PHILLIPS, GOLDMAN & SPENCE, P.A.
/s/ Karen Jacobs Louden /s/ John C. Phillips, Jr.
Jack B. Blumenfeld (#1014) John C. Phillips, Jr. (#110)
Karen Jacobs Louden (#2881) Brian E. Farnan (#4089)
1201 North Market Street 1200 North Broom Street
P.O. Box 1347 Wilmington, DE 19806
Wilmington, DE 19899-1347 (302) 655-4200
(302) 658-9200 [email protected]
[email protected] [email protected]
[email protected]
Attorneys for Defendant
Attorneys for PlaintMs
SO ORDERED this day , 2008.
Sleet, C.J.
2320545.2
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