Free Order Returning Sealed Documents - District Court of Delaware - Delaware

Case 1:04-cv-00889-JJF

Document 75-3

Filed 08/10/2006

Page 1 of 3

CLOSED

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:04-cv-00889-JJF Internal Use Only

Benitec Australia, et al v. Promega Corporation Assigned to: Honorable Joseph J. Farnan, Jr. Demand: $0 Cause: 28:2201 Declaratory Judgment Plaintiff Benitec Australia LTD. an Australian corporation

Date Filed: 07/22/2004 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Diversity

represented by John W. Shaw Young, Conaway, Stargatt & Taylor The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 (302) 571-6600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Promega Corporation a Wisconsin corporation represented by Michael F. Bonkowski Saul Ewing LLP 222 Delaware Ave #1200 P.O. Box 1266 Wilmington, DE 19899 (302) 421-6800 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

ThirdParty Plaintiff Promega Corporation represented by Michael F. Bonkowski (See above for address) ATTORNEY TO BE NOTICED

V. ThirdParty Defendant Commonwealth Scientific represented by John W. Shaw (See above for address)

Case 1:04-cv-00889-JJF

Document 75-3

Filed 08/10/2006

Page 2 of 3

LEAD ATTORNEY ATTORNEY TO BE NOTICED ThirdParty Defendant Ambion Inc. represented by John W. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Claimant Promega Corporation represented by Michael F. Bonkowski (See above for address) ATTORNEY TO BE NOTICED

V. Counter Defendant Benitec Australia LTD. represented by John W. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin M. Baird Womble Carlyle Sandridge & Rice 222 Delaware Avenue Suite 1500 Wilmington, DE 19801 302-252-4324 Email: [email protected] TERMINATED: 04/13/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/22/2004 07/22/2004 07/22/2004 07/22/2004 07/28/2004 08/25/2004

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Docket Text 1 COMPLAINT filed. Magistrate Consent Notice to Pltf. FILING FEE $ 150.00 RECEIPT # 136527 (els) (Entered: 07/23/2004) 2 Disclosure Statement pursuant to Rule 7.1 by Benitec Australia (els) (Entered: 07/23/2004) DEMAND for jury trial by Benitec Australia (els) (Entered: 07/28/2004) No summons issued. (els) (Entered: 07/28/2004) 3 CASE assigned to Judge Joseph J. Farnan Jr. . Notice to all parties. (rjb) (Entered: 07/28/2004) 6 NOTICE of Lawsuit and Request for Waiver of Service of Summons by Promega Corporation to Commonwealth Scientific and Industrial

Case 1:04-cv-00889-JJF

Document 75-3

Filed 08/10/2006

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12/17/2004

50 (Corrected DI #39) Declaration of Laura Francis, M.B.A. Filed by Promega Corporation Appending [38-1] reply brief (afb) (Entered: 12/21/2004) 51 (Corrected DI #41) Declaration of Grant C. Killoran Filed by Promega Corporation Appending [38-1] reply brief (afb) (Entered: 12/21/2004) 52 (Corrected DI #52) Second Declaration of Richard Schifreen, Ph.D. Filed by Promega Corporation Appending [43-1] appendix brief (afb) Modified on 12/21/2004 (Entered: 12/21/2004) 53 (Corrected DI #45) Third Declaration of Richard Schifreen, Ph.D. Filed by Promega Corporation Appending [45-1] appendix brief (SEALED) (afb) (Entered: 12/21/2004) 54 LETTER to Cnsl. from the Court requesting that cnsl. submit to the Court a Pro. Pretrial Sched. Order by 01/24/05. (afb) (Entered: 01/12/2005) 55 LETTER to the Court from Kevin Baird, Esq. re: encl. prod. sched. order from the parties'. (afb) (Entered: 01/27/2005) 56 SCHEDULING ORDER setting Pre-Discovery ddl. to 02/07/05; Joining of parties ddl. to 02/07/05; amending of pleadings on 6/1/05 ; Discovery cutoff 6/1/05, reports from retained experts from pltf. by 09/22/05, rebuttal expert rpts. ddl. 10/20/05 ; Deadline for filing dispositive motions 12/20/05; Pretrial and Trial dates tbd; this matter is referred to Mag. Judge Thynge for the purpose of exploring the possiblity of a stlmt. ( signed by Judge Joseph J. Farnan Jr. ) copies to: cnsl. (afb) Modified on 02/09/2005 (Entered: 02/04/2005) Deadline updated; set Jury Trial for 9:00 a.m. on 4/25/06 , set Pretrial Conference for 12:00 p.m. on 2/16/06 per calendar ntc. (afb) Modified on 02/09/2005 (Entered: 02/07/2005) 58 ORDER, set Pretrial Conference for 12:00 p.m. on 2/16/06 , set Jury Trial for 9:00 a.m. on 4/24/06 ( signed by Judge Joseph J. Farnan Jr. ) copies to: cnsl. (afb) (Entered: 02/09/2005) 59 MEMORANDUM ORDER ( signed by Judge Joseph J. Farnan Jr. ) re: Court's procedure for filing summary jgm. motions. copies to: cnsl. (afb) (Entered: 02/09/2005) 57 ORDER, set Telephone Conference for 9:30 3/16/05 ( signed by Judge Mary P. Thynge ) copies to: cnsl (bad) (Entered: 02/09/2005) 60 NOTICE OF SERVICE of Initial Disclosures by Commonwealth Scientific, Ambion Inc., Benitec Australia LTD.(afb, ) (Entered: 02/14/2005) 61 OPINION. Signed by Judge Joseph J. Farnan, Jr. on 03/08/05. (afb, ) (Entered: 03/09/2005) 62 ORDER denying Promega's [26] Motion for Preliminary Injunction . Signed by Judge Joseph J. Farnan, Jr. on 03/08/05. (afb, ) (Entered:

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