Free Letter - District Court of Delaware - Delaware

Case 1:O4—cv—OO901-JJF Document 464 Filed O1/O2/2008 Page 1 of 1
MORRIS, NICHOLS, ARSHT gc TUNNELL LLP
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[email protected] January 2:
The Honorable Joseph J. Farnan, Jr. VIA ELECTRONIC FILING
United States District Court
For the Eastem District of Delaware
844 North King Street
Wilmington, DE 19801
Re: Ajjzmetrix, Inc. v. Illumina Inc., CA. No. 04-901 (JJF)
Ajjj/matrix, Inc. v. Illumina Inc., C.A. No. 07-670 (JJF)
Dear Judge Faman:
The Court currently has two cases between Affymetrix and Illumina pending
before it (C.A. Nos. 04-901 and 07-670). The earlier-filed case (C.A. 04-901) is scheduled to
com1nence trial on the validity issues on February ll, 2008. A pretrial conference has not yet
been set in that case, but the parties have requested a pretrial conference on January 23, 2008,
a11d have agreed to a schedule for preparing the pretrial order based on that date. (D.I. 463, R.
Herrmann Dec. 3, 2007 letter). In addition, the Court has set a scheduling conference in the
` later-filed case (C.A. 07-670) for January 11, 2008. To minimize the cross-country travel for the
attorneys involved, if the Court’s schedule permits, Affymetrix requests that the Court
reschedule the January ll, 2008, scheduling conference in C.A. 07-670 to coincide with the
pretrial conference in C.A. No. 04-901 (i.e., on January 23, 2008). Illtunina has informed us that
it does not oppose such a scheduling change.
For the Coiu*t’s convenience, I have enclosed forms of order for scheduling these
events in each of these cases.
Respectfully,
MN/dlb
Enclosure
cc: Clerk of Court (Via Hand Delivery; w/ encl.)
Richard K. Henmann, Esquire (Via Electronic Mail and Hand Delivery; wl encl.)
Marcus E. Sernel, Esquire (Via Electronic Mail; w/ encl.)
Naikang Tsao, Esquire (Via Electronic Mail; wl encl.)