Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00028-SLR—LPS Document 29 Filed O4/12/2006 Page 1 of 2
BLANKQ ROMELLP
counselors AT rpiw
Phone: (302) 425-6472
Fax: (302)428-5101
Email: [email protected]
April 12, 2006
VIA CM/ECF AND HAND DELIVERY
The Honorable Kent A. Jordan
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: McKesson Automation Inc. v. Swisslog Holding AG et al.
Dear Judge Jordon:
I write to respectfully request that the Court proceed with setting a time for an initial
Scheduling Conference under L.R. l6.2(a), notwithstanding that service has only recently been
completed under Fed. R. Civ. P. 4(d) on Defendant Swisslog Holding AG and Swisslog
Management AG, Swiss Corporations. Although Rule 4(d)(3) allows a foreign corporation
waiving service under the rule 90 days from the date the waiver of service was sent, Petitioner
respectfully submits that under the circumstances of this case, there is no reason not to
immediately proceed with the initial conference and to commence discovery respecting the other
defendant.
This action involves claims by Plaintiff McKesson Automation, Inc. ("McKesson")
against Defendants Swisslog Holding AG ("Swisslog Holding"), Swisslog Management AG
("Swisslog Management") (collectively "Swisslog") and Translogic Corporation ("Translogic")
for patent infringement} Translogic is a Delaware Corporation and (upon information and
belief) is the wholly owned subsidiary of Swisslog Holdings. The Complaint was filed on
January 13, 2006 and was successfully served on Translogic on January 24, 2006. On March 15,
2006, after receiving two extensions, Translogic appeared through counsel and filed its Answer
and Counterclaims. Throughout this period, counsel for McKesson and for Defendants conferred
regarding the acceptance of service on behalf of the Swisslog entities as well as on the issues of
initial discovery.
I The claims against Defendant Swisslog North America were dismissed by Plaintiff by Notice of Dismissal filed
earlier today after the parties conferred and it was determined that the named defendant was a trade name and not a
separate entity.
Chase Manhattan Centre 1201 Market Street Suite 800 Wilmington, DE 19801
www.B|ankRome.com
Delaware • Florida • Maryland • Newlersey • New York • Ohio • Pennsylvania • Washington, DC
124402.00601/40160788v.1

Case 1:06-cv-00028-SLR—LPS Document 29 Filed O4/12/2006 Page 2 of 2
BLANKE ROMEM
COUNSELORS AT LAW
The Honorable Kent A. Jordan
April l2, 2006
Page 2
The Swisslog defendants, through their counsel Dickstein Shapiro Morin & Oshinsky
LLP (the same counsel appearing on behalf of Translogic, the wholly owned U.S. subsidiary,)
agreed to accept service under Fed. R. Civ. P. 4(d)(3) and McKesson also filed the Waiver of
Service earlier today.
Despite the fact that the Swisslog entities have through June l2, 2006 to respond to the
Complaint under the Federal Rules, they have nonetheless been "served" under L.R. l6(2)(9).
Under the circumstances, there is no purpose served by delaying the commencement of this case.
Respectfully,
pj/L,,0_Q_\g,J?M_, {37 ,®'d.£;,`S*.:.»Q»·4=..#
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Neal C. Belgam
(Del. I.D. No. 2721)
NCB:pb
Enclosures
cc: Clerk of Court (via CM/ECF)
Julia Heaney, Esquire (via CM/ECF and hand delivery)
Lawrence C. Drucker, Esquire
124402.00601/40160788v.1