Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00939-GMS

Document 58

Filed 05/31/2006

Page 1 of 1

MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N O R T H M A R K E T S T R E E T P.O. B O X 1347 W ILM IN G T O N , D E L AW AR E 19899-1347 302 658 9200 302 658 3989 F AX
M A R Y B. G R A H A M 302.351.9199 [email protected]

LLP

May 31, 2006

The Honorable Gregory M. Sleet United States District Court 844 King Street Wilmington, DE 19801 RE: Dear Judge Sleet:

VIA E-FILING AND HAND DELIVERY

Merck & Co., Inc. v. Teva Pharmaceuticals USA, Inc. C.A. No. 04-939-GMS

In connection with the teleconference set for Friday June 2, at 10:00 a.m., the parties submit this agenda letter. Merck will ask the Court to consider reopening discovery in this case in view of information of Teva (patent applications and experimental data) that was not produced in this case and to otherwise stay this case in view of a complaint Merck recently filed against Teva, Merck v. Teva C.A. No. 06-310. The complaint in C.A. No. 06-310 seeks relief from judgment in an earlier case, Merck v. Teva C.A. No. 01-048 (JJF), based on Teva's failure also to produce that information there. In C.A. No 01-048, the Federal Circuit reversed on appeal the judgment entered after a bench trial here in favor of Merck in connection with certain patent claims of Merck's `329 patent relating to methods for treatment and prevention of osteoporosis. Teva USA opposes this request, and believes that any request for a stay of this case should be submitted to the Court by motion, so that the parties can make their positions clear to the Court. Respectfully,

/s/ Mary B. Graham
Mary B. Graham (#2256) MBG/dam cc: Dr. Peter T. Dalleo, Clerk (By E-Filing and Hand Delivery) Josy W. Ingersoll, Esquire (By Facsimile) James Galbraith, Esquire (By Facsimile) John F. Lynch, Esquire (By Facsimile)
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