Case 1:14-cv-01453-LPS Document 80 Filed 01/20/16 Page 1 of 1 PageID #: 1892
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`January 20, 2016
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`VIA ELECTRONIC FILING
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`The Honorable Leonard P. Stark
`United States District Court
`844 North King Street
`Wilmington, Delaware 19801
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`Re: Meda Pharmaceuticals Inc. and Cipla Ltd. v. Apotex Inc. and Apotex Corp.,
`C.A. No. 14-1453-LPS
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`Dear Chief Judge Stark:
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`I am counsel for Plaintiffs Meda Pharmaceuticals Inc. and Cipla Ltd. but am writing on
`behalf of all the parties in the above-captioned case. We specifically write to alert the Court of a
`recent development that likely will impact the upcoming Markman hearing scheduled for
`February 4, 2016, and to request an adjournment of that proceeding (D.I. 72).
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`Plaintiffs expect that U.S. Patent Application No. 14/661,720 will issue as a U.S. patent
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`in the next 2-3 weeks. The Patent Application is in the same family of the two patents-in-suit
`currently, and contains overlapping subject matter with them. Once the new patent issues,
`Plaintiffs intend to file an amended complaint to add this additional patent to the case. The
`parties are currently negotiating a revised schedule that will preserve the current trial date for the
`Court’s consideration. Defendants, however, will only agree to the addition of the new patent
`and a revised schedule if Plaintiffs agree to reduce the total number of claims asserted in this
`case. Plaintiffs anticipate reaching a resolution regarding the reduction of claims in an effort to
`avoid motion practice.
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`Although Plaintiffs do not foresee the need to construe any additional claim terms, we
`understand that the Court may prefer to add the new patent to the case and allow all the parties
`an opportunity to identify and brief any additional claim construction issues before holding a
`Markman hearing. Defendants may have additional claim terms requiring construction
`depending upon what new claims Plaintiffs intend to assert.
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`Accordingly, the parties respectfully request that the Court adjourn the scheduled
`Markman hearing until the week of April 8, 2016, subject to the Court’s availability.
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`Respectfully,
`/s/ Andrew C. Mayo
`Andrew C. Mayo (#5207)
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`ACM/nlm
`cc:
`All counsel of record (via electronic mail)
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`{01080083;v1 }