Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1:06-cv-00028-SLR-LPS

Document 282

Filed 04/28/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MCKESSON AUTOMATION, INC., Plaintiff, v. SWISSLOG ITALIA S.P.A. and TRANSLOGIC CORPORATION, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-028 (SLR/LPS)

STIPULATION AND ORDER FOR EXTENSION OF TIME WHEREAS defendants have moved to dismiss plaintiff's willfulness allegations (D.I. 224), based in part of the inadequacy of plaintiff's willfulness pleading in view of In re Seagate Tech., 2007 U.S. App. LEXIS 19768 (Fed. Cir. Aug. 2007); and WHEREAS plaintiff has moved for leave to file a Second Amended Complaint to more specifically plead its allegations of willful infringement, in the event that the Court grants defendants' motion to dismiss the willfulness allegations (D.I. 272); and WHEREAS the Court has scheduled oral argument on defendants' motion to dismiss plaintiff's willfulness allegations for May 12, 2008. IT IS HEREBY STIPULATED by the parties, subject to approval by the Court, that the time for defendants to file their answering brief in opposition to plaintiff's motion for leave to amend shall be stayed until the Court decides defendants' motion to dismiss plaintiff's willfulness allegations. In the event that the Court grants that motion, defendants' answering brief shall be filed within 10 days after entry of the Court's Order granting defendants' motion to dismiss (D.I. 224).

Case 1:06-cv-00028-SLR-LPS

Document 282

Filed 04/28/2008

Page 2 of 2

BLANK ROME LLP

MORRIS, NICHOLS ARSHT & TUNNELL LLP

/s/ Dale R. Dubé
Dale R. Dubé (#2863) 1201 N. Market Street Suite 800 Wilmington, DE 19801 (302) 425-6400 [email protected] Attorneys for Plaintiff McKesson Automation, Inc. April 28, 2008

/s/ Julia Heaney
Julia Heaney (#3052) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19801 (302) 351-9221 [email protected] Attorneys for Defendants Swisslog Italia S.p.A. and Translogic Corporation

SO ORDERED this ____ day of ___________, 2008.

____________________________________ J.
1458120

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