The opinion of the court was delivered by: Honorable Elizabeth D. Laporte United States Magistrate Judge
Kevin M. Flowers (admitted pro hac vice) John R. Labbe (admitted pro hac vice) 2 MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 3 6300 Willis Tower Chicago, Illinois 60606-6357 4 (312) 474-6300 (telephone) (312) 474-0448 (facsimile) 5 E-Mail: email@example.com E-Mail: firstname.lastname@example.org 6 Gina A. Bibby 7 FOLEY & LARDNER LLP 975 Page Mill Road 8 Palo Alto, CA 94304 (650) 856-3700 9 (650) 856-3710 (facsimile) E-Mail: email@example.com 10 Attorneys for Plaintiffs 11 ILLUMINA, INC. and SOLEXA, INC.
STIPULATION AND [PROPOSED] ORDER REGARDING PAGE LIMITS
FOR CLAIM CONSTRUCTION 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 in 26 which the Court requested that the parties "provide an estimate of how many pages are needed to 27 brief the dispute" in their Patent L.R. 4-3 Joint Claim Construction and Pre-Hearing Statement 28 (Dkt. No. 76 ¶ 2(e));
WHEREAS on September 20, 2011, the parties filed their Joint Claim Construction and Prehearing Statement in which they indicated that "Illumina estimates that twenty-five (25) pages 3 for its opening brief, and ten (10) pages for its reply, are needed for claim construction briefing," 4 and "CGI estimates it needs thirty-five (35) pages for its responsive brief" (Dkt. No. 87 at 2); 5
WHEREAS Illumina has found that it may require up to thirty (30) pages in its opening 6 claim construction brief to fully address the ten disputed claim terms identified for construction in 7 the Joint Claim Construction and Prehearing Statement; 8
WHEREAS the parties agree that subject to the approval of the Court, Illumina's opening 9 claim construction brief should be limited to thirty (30) pages, CGI's responsive brief should be 10 limited to forty (40) pages, and Illumina's reply brief should be limited to ten (10) pages; 12 the page limits for claim construction briefs will be set as follows:
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that Brief Page Limit Illumina's Opening Claim Construction Brief 30 pages CGI's Responsive Claim Construction Brief 40 pages Illumina's Reply Claim Construction Brief 10 pages Dated: October 20, 2011 2
FILER'S ATTESTATION: Pursuant to General Order No. 45, Section X.B, John R. Labbe hereby attests that Katherine LaBarre has provided her concurrence with the 15 electronic filing of this Stipulation and [Proposed] Order.
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