IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOVOZYMES A/S, )
v. ) C.A. NO. 05-160-KAJ
GENENCOR INTERNATIONAL INC. g
ENZYME DEVELOPMENT )
STIPULATED SCHEDULING ORDER RE
PLAINTIFF'S MOTION FOR PRELIMINARY INIUNCTION
Novozyrnes A/S ("Novozymes"), Genencor International Inc. ("Genencor), and
Enzyme Development Corporation ("EDC") (collectively, "the parties") hereby agree that
the following Stipulated Scheduling Order ("this Order") be entered to govem
proceedings related to plaintiff Novozymes' motion for preliminary injunction filed June
22, 2004 ("PI Motion").
IT IS HEREBY STIPULATED BY THE PARTIES, AND FOR GOOD CAUSE
SHOWN, IT IS HEREBY ORDERED THAT:
l. Briefing Schedule: Genencor's and EDC's opposition shall be filed and
served on or by September 16, 2005. N0vzyme's reply shall be filed and served on or by
September 30, 2005.
2. Hearing: The parties jointly request a hearing on the PI Motion in the first
week of October 2005. The hearing shall be held October __-___, 2005, commencing at
Case 1:05-cv-00160-KAJ-|\/IPT Document 23 Filed 06/29/2005 Page 2 of 3
a. Limits on Discovery: All discovery in this action is stayed until the
hearing on the PI Motion except for that discovery specifically related to the PI Motion,
which shall be conducted as set forth below. All discovery taken related to the PI Motion
shall count against applicable limits on discovery (ag., deposition hours); taking the
deposition of an expert in connection with the PI Motion shall not bar subsequent
deposition of that expert should that expert later serve a report as provided in the overall
b. Written Discovery and Document Production: The parties shall serve
written discovery relating to the PI Motion on or by July l, 2005. Novozymes' responses,
including production of documents, to such discovery shall be served on or by July 15,
2005. Genencor's and EDC's responses, including production of documents, shall be
served on or by July 22, 2005.
c. Depositions: Depositions by Genencor and EDC of Novozymes'
witnesses and/or third parties relating to the PI Motion shall be taken during the period
July 15-August 3l. Depositions by Novozymes of Genencor's and/or EDC‘s witnesses
relating to the PI motion shall be taken during the period September l6—September 30.
The parties shall work together to schedule depositions at mutually convenient locations
and on a mutually convenient schedule, identifying party-related deponents (including
experts) by letter or email in lieu of formal notices; the parties shall identify deponents as
early as possible, without waiving the right to add to or amend their lists of deponents to
Case 1:05-cv-00160-KAJ-|\/IPT Document 23 Filed 06/29/2005 Page 3 of 3
reflect information received in discovery.
RESPECTFULLY SUBMITTED UPON AGREEMENT AND STIPULATION:
NOVOZYMES A! S GENENCOR NTERNATIONAL INC.
AND ENZYME DEVELOPMENT
By its attorneys: By its attorneys:
___/s/ Donald E. Reid
Y G CONAWAY STARGATT & MORRIS NICHOLS ARSHT &
TAY OR, LLP TUNNELL
Josy W. Ingersoll (# 1088) Donald E. Reid (No. 1058)
John W. Shaw (#3362) 1201 N. Market Street
Karen E. Keller (#4489) P.O. Box 1347
The Brandywine Building Wilmington, DE 19899-1347
1000 West Street, 17th Floor (302) 575-7219
Wilmington, Delaware 19801 [email protected]
United States District Court Judge