Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01505-Gl\/IS Document 93 Filed 05/23/2006 Page 1 of 2
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A FROF`E55IONAL ASSOCIATION
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FREDERICK L C¤"'RE*—*—· til Wn.M:r~1e:·TOM, DELAWARE IQBOI 302-55 ,-~y5Og
DIRECTOR {aca} es5t»77c>c> CoTmEr.n.@m.,r¤ com
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May 23, 2006
VIA E-FILING AND HAND DELIVERY
The Honorable Gregory M. Sleet
United States District Court
( for the District of Delaware
844 N. King Street
Wilmington, DE 1980i
Re: Thermo Finnigan LLC v. Agglera Corp., C.A. N 0. 04-1505 (GMS;
Dear Judge Sleet:
I write in regard to the Court’s May 17, 2006 Order staying this action and, in particular,
to the Court’s concerns therein relating to the sequence of events that ied to the parties requesting
the stay.
We apologize if this was not clear from our submission, but we did not delay informing
the Court of the parties’ agreement to stay the case but, to the contrary, informed the Court
within 48 hours of the parties` agreement. The defendant Applera Corp. tiled its ex parte request
for reexarnination on April 10, 2006 (25 days after the Markrnan hearing), and we learned of this
on Aprii ll, 2006. However, Applera did not indicate either to the Court or to Thermo whether
it intended to seek a stay of the litigation based upon this request for reexarnination (which has
not yet been granted by the PTO). Hearing nothing, and seeing that Applera continued to
iitigate, we inquired of Applera what its intentions were regarding seeking a stay. Applera
eventually informed us that it intended to seek a stay, and we agreed to do this by stipulation
instead of by a contested motion. Once this agreement was made, we promptly informed the
Court.
We apologize for any misimpression we may have given the Court.
Respectfully,
W [ m"
Frederick L. Cottrell, IH
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Case 1:04-cv-01505-G|\/IS Document 93 Filed 05/23/2006 Page 2 of 2
The Honorable Gregory M. Sleet
May 23, 2006
Page 2
FLC:kef
cc: Clerk of the Court (via electronic tiling and hand delivery)
Josy W. Ingersoll, Esquire (via hand delivery)
Walter E., Hanley, Jr. (via facsimile)
iu F1-2016747-1