Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-00833-KAJ

Document 229

Filed 05/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

PHARMACIA & UPJOHN COMPANY, LLC, Plaintiff, v. SICOR INC. and SICOR PHARMACEUTICALS, INC., Defendants.

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C.A. No. 04-833-KAJ

STIPULATED ORDER

IT IS HEREBY STIPULATED AND AGREED, consistent with the May 10, 2006 teleconference in this action and subject to the approval and order of the Court, that the following deadlines shall apply, but that the existing case schedule otherwise shall remain in full force and effect: Joint Claim Construction Chart and opening claim construction papers Sicor's letter requesting the Court to lift the protective order against any depositions of Mr. Boehnen and Dr. Miao Pharmacia's response to Sicor's letter requesting the Court to lift the protective order against any depositions of Mr. Boehnen and Dr. Miao Teleconference with the Court to discuss Sicor's request for the Court to lift the protective order against any depositions of Mr. Boehnen and Dr. Miao Responsive claim construction papers May 30, 2006

June 12, 2006 by 10:00 a.m. Eastern time June 12, 2006 by 3:30 p.m. Eastern time

June 12, 2006 at 4:30 p.m. Eastern time June 16, 2006

Case 1:04-cv-00833-KAJ

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Deadline for filing of dispositive motions and opening papers in support thereof Deadline for filing of responses to dispositive motions and papers in support thereof Deadline for filing of replies in support of dispositive motions Hearing on claim construction issues and dispositive motions

June 21, 2006

July 6, 2006

July 13, 2006 July 20, 2006 at 9:30 a.m. Eastern time

IT IS FURTHER STIPULATED AND AGREED, subject to the approval and order of the Court, that for purposes of briefing dispositive motions in this case, if any dispositive motion is filed before the June 21, 2006 deadline, the responding party shall have 10 business days thereafter to file a response and the filing party shall have 5 business days thereafter to file a reply. However: (i) July 3, 4, and 5, 2006 all shall be treated as legal holidays, so that any answering brief that otherwise would fall due on one of those dates shall be due on July 6, 2006, making all reply briefs due, under the local rules, by no later than the July 13, 2006 deadline established by the Court during the May 10, 2006 teleconference in this case; and (ii) in no event shall any answering brief be due earlier than June 26, 2006.

MORRIS NICHOLS ARSHT & TUNNELL LLP /s/ Maryellen Noreika ___________________________________ Jack B. Blumenfeld (I.D. #1014) Maryellen Noreika (I.D. #3208) 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899 302-575-7282 Attorneys for Plaintiff

ASHBY & GEDDES

/s/ Steven J. Balick ________________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Tiffany Geyer Lydon (I.D. #3950) 222 Delaware Avenue, 17th Floor P.O. Box 1150 Wilmington, DE 19899 302-654-1888 Attorneys for Defendants

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Case 1:04-cv-00833-KAJ

Document 229

Filed 05/17/2006

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SO ORDERED this _______ day of ____________________________, 2006.

__________________________________________ United States District Judge
169461.1

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