Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-OO939—Gl\/IS Document 53 Filed O3/27/2006 Page 1 of 2
Youue Cornxwav STARGATT & TAYLOR, LLP
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March 27, 2006
VIA E-FILE
The Honorable Gregory M. Sleet
United States District Court
844 King Street
Wilmington, DE 19801
Re: Merck & Co., Inc. v. Teva Pharmaceuticals USA, Inc.,
Civil Action No. 04-939-GMS
Dear Judge Sleet: I
The parties to the above·captioned case respectfully jointly request that your Honor set a ____
status conference to discuss the schedule for the remainder of the case, including pretrial
conference and trial.
This case is a patent infringement action brought by Merck against Teva alleging that
Teva’s marketing of its proposed generic version of the osteoporosis drug Actonel would
infringe certain Merck patents. The case was originally assigned to Judge Faman, who
transferred it to your Honor on February 22, 2006. Fact discovery has been completed, and the
parties are conducting expert discovery, which they expect to complete by approximately the end
of April. No Markman hearing has been conducted, but the parties agree that none appears
necessary in view of their substantial agreement on the meaning and scope of the asserted claims.
The parties conducted discovery in accordance with Judge Farnan’s scheduling order,
which set the pretrial conference for May 4, 2006. The parties assume that that date is no longer
applicable, but since the case will be ready for the preparation of a pretrial order within the near
future, they wish to have the Court’s guidance on the dates for submission of that order with a
view towards a pretrial conference in approximately late June, 2006.
Respectfully submitted,
Josy W. Ingersoll (No. 1088)
nB01;204766s.r 0589561014

Case 1:04-cv-OO939—G|\/IS Document 53 Filed O3/27/2006 Page 2 of 2
Yormo CoNAwAY STARGATT & TAYLOR, LLP
The Honorable Gregory M. Sleet
March 27, 2006
Page 2
J Wlzeg
ec: Clerk of the Court (by e—iiling and hand delivery)
Mary B. Graham, Esquire (by e-filing and e-mail)
Nicholas G. Barzoukas, Esquire (by e-mail)
James Galbraith, Esquire (by e-mail)
DB0l:2047668.l 05s9s6.10x4