Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


October 30, 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 VACATE SCHEDULING

ORDER

STIPULATION AND [PROPOSED] ORDER TO Case No. 3:10-cv-05542 EDL VACATE SCHEDULING ORDER

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 September 14, 2012, the Court issued an Order extending discovery and motion deadlines to allow the parties to avoid unnecessary discovery while CGI's Motion for Summary Judgment of Invalidity was pending (Dkt. No. 196); WHEREAS the Court's September 14, 2012 scheduling order set the close of fact discovery on November 9, 2012, the close of expert discovery on March 22, 2013, and the last date to file dispositive motions on April 16, 2013; WHEREAS on October 16, 2012, the Court granted CGI's Motion for Partial Summary Judgment of Invalidity of Claims 1, 9, 10, and 14-19 of the '597 Patent (Dkt. No. 197); 12 13 parties have been focused on discussing their procedural options for the remaining claims in the 14 litigation; 15 16 discuss their procedural options for the remaining claims in the litigation; 80) (the Court also postponed the Initial Case Management Conference from March 18, 2011 to 20 No. 54), and from April 8, 2011 to May 3, 2011 due to the transfer of the case from Judge Breyer 22 to Magistrate Judge Laporte (Dkt. No. 68); postponed the deadline for conducting mediation from 23 August 15, 2011 to September 23, 2011 by stipulation (Dkt. No. 83); and extended the deadline to 24 amend pleadings from January 15, 2012 to January 27, 2012 by stipulation (Dkt. No. 112)); on 25 2012, expert discovery close on November 21, 2012, deadline for dispositive motions on January 27

STIPULATION AND [PROPOSED] ORDER TO Case No. 3:10-cv-05542 EDL VACATE SCHEDULING ORDER

WHEREAS since the entry of the Court's October 16, 2012 summary judgment order, the WHEREAS the parties have agreed to cancel all scheduled depositions while the parties 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. 19 April 1, 2011 by stipulation (Dkt. No. 52), from April 1, 2011 to April 8, 2011 by stipulation (Dkt. 21 February 29, 2012, the Court entered a stipulated Order setting fact discovery close on June 22, 26 14, 2013, and trial on May 13, 2013 (Dkt. No. 126); on May 30, 2012, the Court entered a Order setting the close of fact discovery on November 9, 2012, close of expert discovery on March 11 IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that 13 the Court's September 14, 2012 scheduling Order is vacated. The parties will meet and confer to 14 discuss their procedural options for the remaining claims in the litigation. No later than November 15 5, 2012, the parties will submit a joint status report to the Court.

stipulated Order resetting the fact discovery, expert discovery, dispositive motion, and trial deadlines to September 14, 2012, February 15, 2013, March 29, 2013, and August 19, 2013, respectively (Dkt. No. 141); on June 18, 2012, the Court entered a stipulated Order resetting the hearing for CGI's Motion for Summary Judgment of Invalidity from July 10, 2012 to July 31, 2012 (Dkt. No. 149) and on June 28, 2012, the Court granted Illumina's Motion to Extend Briefing Schedule and reset the hearing for CGI's Motion for Summary Judgment on September 4, 2012 (Dkt. No. 162); on August 23, 2012, the Court entered a stipulated Order resetting fact discovery close on September 28, 2012, expert discovery close on March 8, 2013, and dispositive motions deadlines on March 29, 2013 (Dkt. No. 187); and on September 14, 2012, the Court issued an 10 22, 2013, and the dispositive motions deadline on April 16, 2013 (Dkt. No. 196).

Dated: October 29, 2012 2 /s/ John Labbe /s/ Marisa Williams Kevin M. Flowers (admitted pro hac vice) Michael J. Malecek (State Bar No. 171034) Email: kflowers@marshallip.com Email: michael.malecek@kayescholer.com John R. Labbe (admitted pro hac vice) Sean Boyle (State Bar No. 238128) Email: jlabbe@marshallip.com Email: sean.boyle@kayescholer.com Mark H. Izraelewicz (admitted pro hac vice) Marisa Williams (State Bar No. 264907) 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 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.

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.

PURSUANT TO STIPULATION,

20121030

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.