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Verinata Health, Inc. and the Board of Trustees of the Leland v. Ariosa Diagnostics

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


February 28, 2013

VERINATA HEALTH, INC. AND THE BOARD OF TRUSTEES OF THE LELAND
STANFORD JUNIOR UNIVERSITY,
PLAINTIFFS,
v.
ARIOSA DIAGNOSTICS, INC. AND
LABORATORY CORPORATION OF AMERICA HOLDINGS, DEFENDANTS.

The opinion of the court was delivered by: Susan Illston Judge

STIPULATED CLAIM CONSTRUCTION SCHEDULE ES DIST T RIC

IT IS SO ORDERED

Pursuant to the Court's February 13, 2013 docket entry resetting the claim construction hearing date and the Amended Civil Minutes ordering the submission of a patent schedule in this case, Plaintiffs Verinata Health, Inc. ("Verinata") and The Board of Trustees of the Leland Stanford Junior University ("Stanford"), and Defendants Ariosa Diagnostics, Inc. ("Ariosa") and Laboratory Corporation of America Holdings ("LabCorp"), jointly submit this statement and stipulation regarding the claim construction schedule.

I. PRELIMINARY STATEMENT

The parties in this action have met and conferred, and have agreed to the claim construction schedule presented below. The schedule is based upon the technology tutorial and claim construction hearing dates set by the Court, and largely follows the Patent Local Rules for the interim deadlines.

II. STIPULATED CLAIM CONSTRUCTION SCHEDULE

Event Date Invalidity Contentions and March 22, 2013 accompanying document production by 16 accused infringer Patent L.R. 3-3 & 3-4 Exchange of Proposed Terms and Claim April 5, 2013 Elements for Construction 19 Patent L.R. 4-1 20

Exchange of Preliminary Claim April 19, 2013 21 Constructions and Extrinsic Evidence

Patent L.R. 4-2

Event Date

Filing of Joint Claim Construction and May 3, 2013 Pre-Hearing Statement Patent L.R. 4-3 Status Conference May 24, 2013 at 3:00 p.m., subject to the - Discuss Tutorial Mechanics Court's availability*fn1 - Discuss Markman Hearing Mechanics Completion of Claim Construction May 31, 2013 Discovery Patent L.R. 4-4 Opening Claim Construction Brief by June 5, 2013 Patentee Patent L.R. 4-5(a) Responsive Claim Construction Brief by July 3, 2013 Accused Infringer(s) Patent L.R. 4-5(b) Reply Claim Construction Brief by July 17, 2013 Patentee Patent L.R. 4-5(c) Technology Tutorial July 31, 2013 at 3:30 p.m. Claim Construction Hearing August 7, 2013 at 3:30 p.m. Patent L.R. 4-6

Respectfully submitted, Dated: February 27, 2013 IRELL & MANELLA LLP By: /s/ Andrei Iancu Andrei Iancu Attorneys for Defendants Ariosa Diagnostics, Inc. and Laboratory Corporation of America Holdings Dated: February 27, 2013 WEIL, GOTSHAL & MANGES LLP By: /s/ Edward R. Reines Edward R. Reines Attorneys for Plaintiffs Verinata Health, Inc. and The Board of Trustees of the Leland Stanford Junior University

CERTIFICATION

I, Andrei Iancu, am the ECF User whose identification and password are being used to file 15 this Stipulation. In compliance with General Order 45.X.B, I hereby attest that Edward R. Reines 16 has concurred in this filing.


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