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Illumina, Inc. and Solexa, Inc v. Genomics

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 ...


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