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Illumina, Inc., and Solexa, Inc v. Complete Genomics

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 31, 2012

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

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

Michael J. Malecek (State Bar No. 171034) Email address: michael.malecek@kayescholer.com 2 Katherine LaBarre (State Bar No. 269726) Email address: katherine.labarre@kayescholer.com 3 Marisa Armanino Williams (State Bar No. 264907) Email address: marisa.armanino@kayescholer.com 4 KAYE SCHOLER LLP Two Palo Alto Square, Suite 400 5 3000 El Camino Real Palo Alto, California 94306-2112 6 Telephone: (650) 319-4500 Facsimile: (650) 319-4700 7 Attorneys for Defendant and Counterclaimant 8 COMPLETE GENOMICS, INC. 9 10

STIPULATION AND [PROPOSED] ORDER FOR FILING AMENDED PLEADINGS

Plaintiffs Illumina, Inc. and Solexa, Inc. (collectively, "Illumina") and Defendant Complete Genomics, Inc. ("CGI"), by and through their undersigned counsel of record, hereby 22 stipulate and agree as follows:

WHEREAS, on August 3, 2010, Illumina filed its Complaint in the District of Delaware in 24 the case styled Illumina, Inc. and Solexa, Inc. v. Complete Genomics, Inc., Case No. 10-649-RK 25 (D. Del.) ("Delaware Action"); 26

WHEREAS, on September 23, 2010, CGI filed its Answer and Counterclaims;

WHEREAS, on October 18, 2010, Illumina filed its Answer to CGI's Counterclaims;

WHEREAS, on December 14, 2010, the Delaware Action was transferred to the Northern District of California; 3

WHEREAS, January 27, 2012 is the last day on which the parties may amend their 4 pleadings; 5

WHEREAS, CGI wishes to amend its Counterclaims to assert additional facts supporting 6 its inequitable conduct claim; 7

WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a), Illumina does not oppose 8 the filing of the Amended Answer and Counterclaims;

IT IS HEREBY STIPULATED by and between the parties hereto through their respective 2 attorneys of record that CGI may file an Amended Answer and Counterclaims, a copy of which is 3 attached hereto. 4 5

that John Labbe has provided his concurrence with the electronic filing of this Stipulation and [Proposed] Order.

PURSUANT TO STIPULATION,

20120131

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