`
`Daniel M. Silver
`Partner
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`T. 302-984-6331
`F. 302-691-1260
`
`dsilver@mccarter.com
`
`
`September 27, 2019
`
`VIA CM/ECF & HAND DELIVERY
`The Honorable Colm F. Connolly
`J. Caleb Boggs Federal Building
`Wilmington, DE 19801-3555
`
`
`Re: Genentech, Inc. v. Amgen Inc., C.A. No. 18-924-CFC (D. Del.)
`
`Dear Judge Connolly:
`
`
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`
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`I write jointly on behalf of the parties in the above-referenced action
`
`regarding the parties’ submissions in advance of the October 16, 2019 evidentiary
`hearing on indefiniteness.
`
`the Court scheduled an evidentiary hearing on
`On July 8, 2019,
`
`indefiniteness in this case (and related action 17-1407) for October 7, 2019, and
`ordered each of parties to submit, by September 27, 2019, “a. A letter of no more
`than 1,000 words in 14-point font in support of its position with respect to the
`indefiniteness issue; and b. An expert declaration in support of same.” (18-924 D.I.
`271/ 17-1407 D.I. 436). The evidentiary hearing was later rescheduled to October
`16, 2019 at the parties’ request, but the parties understood that the Court’s order
`setting the deadline and word limit for indefiniteness submissions remained in
`effect, and the parties are planning to file those submissions today.
`
`On September 26, 2019 the Court issued an oral order in this action ordering
`
`that “The parties may but are not required to submit a memorandum in advance of
`the October 16, 2019 hearing,” and “[a]ny memorandum must be submitted on or
`before October 11, 2019 and shall be in 14-point font and no more than 3,000
`words.” As the parties were planning to file their 1,000 word submissions and
`supporting declarations today, they have agreed that there will be no further
`submissions in response to the September 26, 2019 oral order, unless Your Honor
`requests further submissions.
`
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`ME1 31576145v.1
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`Case 1:18-cv-00924-CFC Document 371 Filed 09/27/19 Page 2 of 2 PageID #: 27703
`
`The Honorable Colm F. Connolly
`September 27, 2019
`Page 2
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`The Court’s attention to this matter is greatly appreciated. Counsel are
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`available should the Court have any questions.
`
`Respectfully submitted,
`/s/ Daniel M. Silver
`Daniel M. Silver (#4758)
`
`cc: All counsel of record (via CM/ECF)
`
`All counsel of record in C.A. 17-1407 (via email)
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`ME1 31576145v.1
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