`34949
`
`Daniel M. Silver
`Partner
`T. 302-984-6331
`F. 302-691-1260
`dsilver@mccarter.com
`
`McCarter & English, LLP
`Renaissance Centre
`405 N. King Street, 8th Floor
`
`Wilmington, DE 19801-3717
`www.mccarter.com
`
`April 16, 2020
`
`VIA CM/ECF
`The Honorable Colm F. Connolly
`United States District Court for the District of Delaware
`J. Caleb Boggs Federal Building
`844 North King Street, Room 3124
`Wilmington, Delaware 19801-3555
`
` Re: Genentech, Inc. v. Amgen, Inc., C.A. No. 18-924-CFC-SRF (D. Del.)
`
`Dear Judge Connolly:
`
`Further to my April 2, 2020 letter (D.I. 543), I write to provide the parties’ availability for
`
`a rescheduled trial in this matter. Subject to Your Honor’s availability, the following dates for
`trial would work for both parties:
`
`
`February 22, 2021 - March 15, 2021
`July 12, 2021 - December 17, 2021
`
`
`Genentech believes that trial in this matter could be limited to 5 days, which may provide
`
`additional availability to reschedule this trial. Amgen believes that at least 7 days will be
`necessary to try the three dosing patents and sparging patent, noting particularly that the Court
`has indicated that infringement, invalidity, damages, and willful infringement would be tried to a
`jury within this timeframe. In addition, a bench trial following the jury trial may be necessary to
`address equitable defenses and injunction issues.
`
`To the extent necessary, the parties’ Delaware counsel are available to call Chambers to
`
`discuss scheduling with Your Honor’s civil case manager.
`
`
`
`Respectfully submitted,
`
` /s/ Daniel M. Silver
`
`Daniel M. Silver (#4758)
`
`cc: All counsel of record (via CM/ECF)
`
`Counsel are available should the Court have any questions.
`
`ME1 33139206v.1
`
`
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