Judge Sleet Sua Sponte Strikes Letter Requesting Teleconference

August 18, 2016

Publication| Intellectual Property

In Gilead Sciences, Inc. v. AbbVie, Inc., C.A. Nos. 13-2034-GMS, 14-209-GMS, and 14-379-GMS (D. Del. July 22, 2016), Judge Sleet issued an oral order striking a joint letter by the parties requesting a teleconference to discuss the order of proof at trial, stating that “the Court will no longer accept communications of this type from the parties.” The parties could not agree on which side should proceed first at trial, and wished to raise the matter before the pre-trial conference so as to avoid scheduling conflicts regarding the appearance of witnesses at trial.

Key Points: Judge Sleet continues to enforce his prohibition on letter submissions, and the parties can expect that most decisions on trial procedure will be addressed at the pre-trial conference.

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