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Illumina, Inc., and v. Complete Genomics

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 23, 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

STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE AND RESET MOTION DEADLINES

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

WHEREAS on May 30, 2012, the Court issued a Stipulated Order to Extend Discovery Schedule and Set Motion Deadlines and Pretrial and Trial Dates (Dkt. No. 141); WHEREAS the Court's May 30, 2012 scheduling order set the close of fact discovery on September 14, 2012, the last date to file dispositive motions on March 29, 2013, the pretrial conference on July 30, 2013, and trial beginning on August 19, 2013; WHEREAS on May 16, 2011, the Court entered a Case Management Scheduling Order (Dkt. No. 76) setting a schedule for this case through and including the claim construction hearing 11 and indicating that following claim construction, the Court would "set dates for the rest of the 12 case"; 13 14 the close of fact discovery on March 15, 2012; 15

16 WHEREAS on May 3, 2011, the Court entered a Civil Minute Order (Dkt. No. 74) setting WHEREAS on February 29, 2012, the Court issued a Stipulated Order to Extend Discovery Schedule and Set Motion Deadlines and Pretrial and Trial Dates (Dkt. No. 126) setting the close of 17 fact discovery on June 22, 2012 (which was extended to September 14, 2012 by the Court's May 18 WHEREAS since the entry of the Court's May 30, 2012 scheduling order, the parties have 20 been focused on completing their document productions according to an agreed-upon protocol; 21 22 complete expert discovery; 23

80) (the Court also postponed the Initial Case Management Conference from March 18, 2011 to 26 No. 54), and from April 8, 2011 to May 3, 2011 due to the transfer of the case from Judge Breyer 28

WHEREAS the parties require additional time to prepare for and take depositions and

WHEREAS there has been a modification to the Court's May 16, 2011 Case Management

Scheduling Order to extend the deadline for claim construction disclosures and briefing (Dkt. No. 25 to Magistrate Judge Laporte (Dkt. No. 68); postponed the deadline for conducting mediation from August 15, 2011 to September 23, 2011 by stipulation (Dkt. No. 83); and extended the deadline to amend pleadings from January 15, 2012 to January 27, 2012 by stipulation (Dkt. No. 112));

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the Court's May 30, 2012 Stipulated Order to Extend Discovery Schedule and Reset Motion Deadlines and Pretrial and Trial Dates (Dkt. No. 141) is amended as follows:

Event Current Date Amended Date

Close of fact discovery September 14, 2012 September 28, 2012 Designate experts/Exchange expert October 26, 2012 November 15, 2012 11 reports on issues on which a party bears the burden 12 Designate rebuttal experts/Exchange December 7, 2012 January 4, 2013 13 rebuttal expert reports 14 Exchange reply expert reports January 9, 2013 February 1, 2013 15 Complete expert discovery February 15, 2013 March 8, 2013 16 Last date to file dispositive motions March 29, 2013 April 5, 2013 17 Pretrial conference July 30, 2013, No change 18 2:00 P.M. Jury selection August 19, 2013, No change 20 8:30 A.M. 19 Trial August 19-30, 2013, No change 22 8:30 A.M.

Dated: August 23, 2012 2 /s/ John R. Labbe /s/ Marisa Armanino Williams 3 Kevin M. Flowers (admitted pro hac vice) Michael J. Malecek (State Bar No. 171034) Email: kflowers@marshallip.com Email: michael.malecek@kayescholer.com 4 John R. Labbe (admitted pro hac vice) Sean Boyle (State Bar No. 238128) 5 Email: jlabbe@marshallip.com Email: sean.boyle@kayescholer.com Mark H. Izraelewicz (admitted pro hac vice) Marisa Williams (State Bar No. 264907) 6 Email: mizraelewicz@marshallip.com Email: marisa.armanino@kayescholer.com Cullen N. Pendleton (admitted pro hac vice) KAYE SCHOLER LLP Email: cpendleton@marshallip.com Two Palo Alto Square, Suite 400 Amanda K. Antons (admitted pro hac vice) 3000 El Camino Real 7 8 Email: aantons@marshallip.com Palo Alto, California 94306-2112 MARSHALL, GERSTEIN & BORUN LLP Telephone: (650) 319-4500 233 South Wacker Drive Facsimile: (650) 319-4700 10 6300 Willis Tower Chicago, Illinois 60606-6357 Attorneys for Defendant and Counterclaimant 11 Telephone: (312) 474-6300 COMPLETE GENOMICS, INC. Facsimile: (312) 474-0448 12 13 Gina A. Bibby Email: gbibby@foley.com 14 FOLEY & LARDNER LLP 975 Page Mill Road 15 Palo Alto, CA 94304 16 Telephone: (650) 856-3700 Facsimile: (650) 856-3710 17 Attorneys for Plaintiffs 18 ILLUMINA, INC. and SOLEXA, INC. 19

FILER'S ATTESTATION: Pursuant to General Order No. 45, Section X.B, Marisa Armanino Williams hereby

attests that John R. Labbe has provided his concurrence with the electronic filing of this Stipulation and

[Proposed] Order.

20120823

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