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Illumina, Inc. and Solexa, Inc v. Genomics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 3, 2011

ILLUMINA, INC. AND SOLEXA, INC.,
PLAINTIFFS,
v.
GENOMICS, INC.
DEFENDANT.

The opinion of the court was delivered by: Honorable Elizabeth D. Laporte United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER TO EXTEND SCHEDULE FOR COMPLETE CLAIM CONSTRUCTION DISCLOSURES AND BRIEFING

Plaintiffs Illumina, Inc. and Solexa, Inc. (collectively, "Illumina") and Defendant Complete Genomics, Inc. ("CGI") agree to the following Stipulation and respectfully request that 24 the Court enter an Order as follows:

WHEREAS on May 16, 2011, the Court entered a Case Management Scheduling Order setting a schedule for this case including deadlines for exchanging claim construction disclosures 27 and briefing claim construction issues (Dkt. No. 76); 28

WHEREAS subject to the approval of the Court, the parties agree to extend the deadlines for exchanging claim construction disclosures and briefing claim construction issues; affect the dates the Court has set for a claim construction tutorial and claim construction hearing; 4

Conference from March 18, 2011 to April 1, 2011 by stipulation (Dkt. No. 52), from April 1, 7 2011 to April 8, 2011 by stipulation (Dkt. No. 54), and from April 8, 2011 to May 3, 2011 due to 8 the transfer of the case from Judge Breyer to Magistrate Judge Laporte (Dkt. No. 68)); 9

WHEREAS the parties' proposed changes to the claim construction deadlines would not

WHEREAS there are have been no other time modifications to the Court's May 16, 2011 Case Management Scheduling Order (although the Court postponed the Initial Case Management 6

WHEREAS the parties' agreed extensions to the claim construction deadlines will allow additional time for CGI to review numerous categories of documents that Illumina has produced 11 or agreed to produce in advance of CGI's deposition of Dr. Stephen Macevicz, currently 12 scheduled for August 11, 2011; and 13 preliminary claim constructions in view of any additional document production and Dr. 15

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the Court's May 16, 2011 Case Management Scheduling Order is amended as follows:

WHEREAS the extension will further allow additional time for the parties to prepare their Macevicz's deposition testimony; Event Current Date Amended Date Last day for parties to exchange July 15, 2011 no change proposed claim terms for 20 construction (Patent L.R. 4-1) 21

Last day for parties to exchange August 5, 2011 August 26, 2011 Preliminary Claim Constructions 22 and Extrinsic Evidence (Patent L.R. 4-2) 23 24 Prehearing Statement (Patent L.R. 4-3) Construction discovery (Patent L.R. 4-4) Last day for parties to file Joint August 30, 2011 September 20, 2011 Claim Construction and 25

Last day to complete Claim September 29, 2011 no change Event Current Date Amended Date

Last day for Illumina to file October 14, 2011 October 20, 2011 Opening Claim Construction Brief (Patent L.R. 4-5) 4

Last day for CGI to file October 28, 2011 November 3, 2011 Responsive Claim Construction 5

Brief (Patent L.R. 4-5) 6

Last day for Illumina to file November 4, 2011 November 10, 2011 Reply Claim Construction brief (Patent L.R. 4-5)

Claim construction prehearing November 30, 2011 at no change conference and tutorial 10:00 A.M. (attorneys to give tutorial presentations) 10

Claim construction hearing December 9, 2011 at no change 11 (Patent L.R. 4-6) 2:30 P.M. 12 13 s/ Terence P. Woodsome /s/ John R. Labbe Michael J. Malecek (State Bar No. 171034) Kevin M. Flowers (admitted pro hac vice) 14 Email: michael.malecek@kayescholer.com Email: kflowers@marshallip.com Katherine LaBarre (State Bar No. 269726) John R. Labbe (admitted pro hac vice) 15 Email: katherine.labarre@kayescholer.com Email: jlabbe@marshallip.com Terence P. Woodsome (State Bar No. 240908) MARSHALL, GERSTEIN & BORUN LLP 16 Email: terence.woodsome@kayescholer.com 233 South Wacker Drive KAYE SCHOLER LLP 6300 Willis Tower 17 Two Palo Alto Square, Suite 400 Chicago, Illinois 60606-6357 3000 El Camino Real Telephone: (312) 474-6300 18 Palo Alto, California 94306-2112 Facsimile: (312) 474-0448 Telephone: (650) 319-4500 19 Facsimile: (650) 319-4700 Gina A. Bibby Email: gbibby@foley.com Attorneys for Defendant and Counterclaimant FOLEY & LARDNER LLP COMPLETE GENOMICS, INC. 975 Page Mill Road 21 Palo Alto, CA 94304 Telephone: (650) 856-3700 Facsimile: (650) 856-3710

Attorneys for Plaintiffs ILLUMINA, INC. and SOLEXA, INC.

FILER'S ATTESTATION: Pursuant to General Order No. 45, Section X.B, Gina A. Bibby hereby attests that Terence P. Woodsome has provided his concurrence with the electronic filing of this Stipulation and [Proposed] Order

20110803

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