Free Status Report - District Court of Delaware - Delaware

Case 1 :05-cv-001 60-KAJ-l\/I PT Document 75 Filed 12/07/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
1 NOVOZYMES A/S.
§ Plaintiff C.A. No. 05—l60-KAJ
A I v.
i GENENCOR INTERNATIONAL, INC., and I
ENZYME DEVELOPMENT CORPORATION
Defendants
JOINT STATUS REPORT
In accordance with the Scheduling Order dated July 5, 2005, counsel for plaintiff
Novozymes A/S ("Novozymes") and counsel for defendants Genencor International, Inc.
and Enzyme Development Corporation (collectively, "Genencor") have conferred on the
matters that the Court may take up during the status and scheduling conference call that
has been set for December I4, 2005, at 4:30 p.ni. The parties, having considered each of
the items set forth in the Scheduling Order dated July 5, 2005, the First Amended
Scheduling Order dated October 28, 2005 and the Stipulation of November 9. 2005,
hereby submit this joint report as directed by the Court.
1. Rule 26(a)(1) Initial Disclosures
The parties have exchanged their initial disclosures in accordance with Rule
26(a)(l) and in accordance with the Scheduling Order. The parties have also agreed on
procedures for handling electronic discovery issues.
I
DBOI:l93l2-16.1 0640801001

Case 1:05-cv-00160-KAJ-l\/IPT Document 75 Filed 12/07/2005 Page 2 of 4
2. Joinder of Other Parties and Amendment of Pleadings
T There are no pending motions to join other patties and the period to do so has
i passed. C
3. Discovery
The parties have conducted written discovery, document production and
depositions in connection with plaintiff s preliminary injunction motion. The parties are ‘
now working to complete discovery on liability issues by the January 31, 2006 deadline
agreed to by Stipulation. Discovery on damages issues has been stayed until after the
liability bench trial, scheduled for three days commencing March 6, 2006.
The parties have served Expert Reports on liability issues. Rebuttal Expert
Reports are currently being prepared and will be served by the December 22, 2005
deadline agreed to by stipulation. .
4. Application to Court for Protective Order
The Stipulated Protective Order is in place.
5. Settlement Conference
The parties met with Magistrate Judge Thynge on October 7, 2005 as part of
mediation proceedings. The parties were not able to reach agreement. While both parties
believe settlement is always an option, at this time the parties expect to proceed to trial.
6. Matters in Issue
This is an action for patent infringement. Plaintiff Novozymes tiled its complaint
on March 15, 2005, asserting infringement of its U.S. Patent No. 6,867,031 ("the ‘031
patent") which issued the same day. Defendants are Genencor International, lnc. and
Enzyme Development Corporation (collectively "Genencor" or "Defendants").
2
DB0l:l93l2#l6.l 0640s0.100i

Case 1:05-cv-00160-KAJ-l\/IPT Document 75 Filed 12/07/2005 Page 3 of 4
Defendants answered, denying infringement and asserting aftirmative defenses of
invalidity and unenforceability of the ‘03l patent.
On June 22, 2005, Novozymes tiled a motion for preliminary injunction against C
Genencor’s continued sale of its Spezyrneig Ethyl alpha—amylase enzyme product.
Expedited discovery was had on the issues relating to the preliminary injunction motion.
The motion was argued on October 19, 2005 and denied by memorandum order on *
October 24, 2005.
After the argument on the preliminary injunction motion, and with the agreement
ofthe parties. the Court bifurcated the issues of damages and liability and scheduled a
three day bench trial on liability commencing March 6, 2006. The parties entered into a
Stipulation regarding discovery issues, and also agreed that they would not be required to
comply with the obligations and/or deadlines stated in paragraphs 9, ll, 12 and l3 ofthe
C ourt’s July 5, 2005 Scheduling Order since all ofthe claim construction issues shall be
dealt with at the trial on liability.
7. Case Dispositive Motions
There are no case dispositive motions currently pending. According to the First
Amended Scheduling Order, dispositive motions relating to damages are to be tiled on or
before March 3, 2006. During the Status Conference scheduled for December 14, 2005
Novozymes would like to discuss this deadline.
8. Other Matters
There are no additional matters identified at this time.
3
ns0i;i9si24e.i 064080.100]

Case 1:05-cv-00160-KAJ-l\/IPT Document 75 Filed 12/07/2005 Page 4 of 4
Respectfully submitted,
Dated December 7, 2005 8
Richard H. Morse (No. 531)
Josy W. Ingersoll (No. 1088)
Karen E. Keller (No. 4489)
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
1000 West Street, 17th Floor ‘
Wilmington, Delaware 19801
_ (302) 571-6600
OF COUNSEL:
Joseph R. Robinson
Steven E. Lipman
Robert C. Sullivan, Jr.
Samuel S. Woodley
DARBY & DARBY P.C.
805 Third Avenue
New York, New York 10022
(212) 527-7700
Attorneys for P/c1im‘i]j”
Novozyzizes A/S
_/s/ Donald A. Reid
MORRIS, NICHOLS, ARSHT &
TUNNEL
Donald E. Reid, Esq.
Jason A. Cincilla, Esq.
1201 North Market Street, 18m Floor
Wilmington, DE 19899-1347
Tel: 302.575.7219
Fax: 302.658.3989
JONES DAY
Kenneth R. Adamo, Esq.
Tharan Gregory Lanier, Esq.
Thomas E. Friebel, Esq.
2822 Sand Hill Road, Suite 240
Menlo Park, CA 94025
Tel: 6507393939
Fax: 650.739.3900
A rrorneysfor Defendants
Genencor Irztenzczrioncz/, [nc. cmd
Engr-wze Development Cozpomrion
4
DB0l;193l2-16.1 064080.100l