Free Remark - District Court of Delaware - Delaware

Case 1 :04-cv—00884-SLR Document 66 Filed 06/29/2006 Page 1 of 2
E—MaiI Request for Emergency Relief
1. Case Number:
2. Check the box that applies:
fmxi Requesting a teleconference with the parties and the court
Requesting an in-person conference with the parties and the court
Requesting either of the above listed options at the court's determination
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iPursuant to Ferring B.V.‘S Motion for an Extension of Time (D.I. 63) which was fully
Qbriefed (D.l. 64 and 65), Ferrlng B.V. respectfully requests the Court's consideration
got its Motion for an Extension of Time to respond to Teva‘s Motion to Dismiss and
§Attorneys Fees until July 17, 2006. The deadline is currently set for July 3, 2006.
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4. Name of opposing counsel contacted about this request: _''__ LY
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§CounseI opposes this request.
6- Name ¤f l¤<=¤l ¤¤¤¤S¤l m¤l 7- T¤ For court use only:
I;] A teleconference will be held on to be coordinated and
initiated by
[II An in-person discovery ccmfetegcegwill be held on;
M Oth€I`Z RE i .
quest for extene1on granted until July 7, 2006.

Case 1:04-cv—00884-SLR Document 66 Filed 06/29/2006 Page 2 of 2
Opposing Counsel's Response to E-Mail Request for Emergency Relief
1. Case Number; 04 -cv- 884 -SLR
2. BRIEFLY state your response to the emergency request made by opposing counsel:
This case has been stayed since April of 2005, at Ferring's request (over Teva‘s
opposition) because Ferring represented to the Court that it would dismiss this case
if the Federal Circuit aflirmed the invalidity of Ferring's patent -- the same patent as
in suit here -- in another case. The aflirmance occurred on February 15, 2006 but
Ferring still has not dismissed this case, forcing Teva to tile a motion to dismiss and
for attorneys' fees. Teva has agreed to extend the briefing schedule with regard to
the attorneys' fees issue if Ferring will honor its commitment and dismiss the
complaint now with prejudice. Also, even if Ferring will not dismiss now, Teva has
offered an extension until July 7 for Ferring's answering brief. Teva has been unable
to go forward in this case for over a year because of the stay, and believes further
delay at this point would be unfair.
*Any text added to beyond the limits of this space will be disregarded by the court.
3. Name of local counsel submitting this response: Josy Ingersoll
4. Today’s Date: 6/29/06