Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00029-JJF Document 95 Filed 10/31 /2005 Page 1 of 1
Yourvc CoNAwAv STARGATT & TAYLOR, LLP
, THE BRANDYWINE Bottoms
1000 WEST STREET, 17r1-1 FLOOR
Josv W. INGERSOLL (NO. 1088) W]LM]NGTQN' DELAWARE 1980] (302) 571-6600
DIRECT D1AL: 302-571-6672 (302) 571-1253 FAX
DIRECT EAx: 302-576-3301 p_g_ BOX 391 (800) 253-2234 (DE ONLY)
ii¤gcrs¤11@y¤sr·¤9m wrrnmmon, DELAWARE 19899-0391 www-y¤¤¤gc¤¤¤w¤y.c¤m
October 31, 2005
BY E-FILING
The Honorable Joseph J. Farnan, Jr.
United States District Court
844 King Street
Wilmington, DE 19801
. Re: Cephalon Inc., et al. v. Barr Laboratories, Inc.,
Civil Action No. 05-29-JJF
Dear Judge Farnan:
I write in reply to plaintiffs’ letter dated October 28, 2005, concerning proposed
trial dates for the above—referenced action. As Your Honor may know, this matter involves an
Abbreviated New Drug Application (ANDA) tiled by Barr to market a generic version of
Cephalon’s Actiq® lollipops. Barr cannot market its generic product prior to the expiration of
the patent without a final judgment in this case that Barr does not ingtiinge the patent and/or that
the patent is invalid.
Barr does not believe its product infringes the patent, particularly in light of the
Court’s claim construction ruling, and Barr requested the earliest available trial date in order to
obtain a final resolution of this case. Plaintiffs are now proposing that trial begin on or after May
8, 2006. Barr respectfully requests that the Court set an earlier trial date. Counsel for Barr can
be available for trial the week of February 27, any time during the month of March, or the weeks
of April 17 and April 24, 2006. Both sides agree the trial would take no longer than three or four
days.
Respectfully submitted,
_ Josy W. Ingersoll (No. 1088)
JWI:cg
cc: Clerk of the Court (by electronic tiling and hand delivery)
Frederick L. Cottrell, III, Esquire (by electronic mail)
I William F. Lee, Esquire (by electronic mail)
Michael K. Nutter, Esquire (by electronic mail)
Robert C. Millonig, Jr., Ph.D. (by electronic mail)
D1201;r89214s.1 0629811001