Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01337-JJF Document 109 Filed 05/10/2005 Page 1 of 2
Potter
M Anderson
LL COITOOH LLP Richard L. Homie
Partner
____ Attomey at Law
ldld Nurti"1 Murltct Struct ,.hm.witZ@p(mcmndErSOn_c0m
RO Box 9sl 302 984-6027 Direct Phone
liilruington, DE l9899-O95'l 302 658-} 192 Fax
302 98+ sooo
wuwxzpulle1·m1 VIA HAND DELIVERY
The Honorable Kent A. J ordan
United States District Court for the District of Delaware
844 North King Street
Room 6325, Lockbox 10
Wilmington, DE 19801
Rc: Honeywell International, Inc., et al. v.
Audiovox Communications Corp., et al, C.A. N0. 04—1337··KAJ; and
Honeywell International, Inc., et al. v.
Apple Computer, Inc., et al., CLA. No. 04-1338-KAJ
Dear Judge Jordan:
I am writing on behalf of Toshiba to inform the Court that briefing on Toshiba’s motion
to bifurcate, which has been joined in by a number of other defendants, is now complete.
» Toshiba requests oral argument on this motion, and will be prepared to address it at the May 16 ·
conference with the Court.
I am also writing on behalf of all defendants with respect to the handling of scheduling
issues and all ofthe various motions pending before the Court. Although the Court set the May
l6 conference to address scheduling issues, and the parties have been working together to try to
address these issues, defendants submit that it would be more productive and efficient for the
Court and the parties to address first the various motions — including motions to stay,
consolidate, intervene, bifurcate, transfer and for a more definite statement- before attempting to
put a schedule in place. Defendants believe that a short delay in implementing a schedule will
cause no prejudice; to the contrary, providing the Court with time at the outset to decide how, in
broad terms, this case will progress, will allow the Court and the parties to address a more
realistic schedule for the ensuing litigation.
In this respect, the Court’s handling of stay/consolidation and scheduling issues in the
@1;.5 litigation is instinctive. Although a schedule had been in place in the first-filed CEA
action, Your Honor addressed scheduling of the consolidated case only after ruling on the
stay/consolidation motions, and then giving the parties time to react and discuss scheduling, in
view of how the Court ruled on the stay/consolidation issues.

Case 1 :04-cv-01337-JJF Document 109 Filed 05/10/2005 Page 2 of 2
The Honorable Kent A. fordan
May 10, 2005
Page 2
Defendants will continue to discuss scheduling with Honeywell, and we will be prepared
to discuss any ofthe pending motions and/or scheduling issues, either before or at the May 16
conference.
Respectfully suhmiited,
Richard L. Horwitz
681539
cc: Clerk of the Court (via ECF and hand delivery)
All Lccai Counsel of Record (via EGF and hand delivery)