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Illumina, Inc. v. QIAGEN N.V., 16-cv-02788-WHA. (2016)

Court: District Court, N.D. California Number: infdco20161214919 Visitors: 2
Filed: Dec. 13, 2016
Latest Update: Dec. 13, 2016
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PATENT DISCLOSURES AND CLAIM CONSTRUCTION WILLIAM ALSUP , District Judge . WHEREAS, on May 24, 2016, Illumina, Inc. and Illumina Cambridge Ltd. (collectively, "Illumina") filed its Complaint [Dkt. No. 1] against defendants QIAGEN N.V., QIAGEN GmbH, QIAGEN Gaithersburg, Inc., QIAGEN Sciences, LLC, QIAGEN Inc. (USA), QIAGEN Redwood City, Inc., and Intelligent Bio-Systems, Inc. (collectively, "QIAGEN") asserting U.S. Patent No. 7,566,537 ("the '537 P
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STIPULATION AND [PROPOSED] ORDER REGARDING PATENT DISCLOSURES AND CLAIM CONSTRUCTION

WHEREAS, on May 24, 2016, Illumina, Inc. and Illumina Cambridge Ltd. (collectively, "Illumina") filed its Complaint [Dkt. No. 1] against defendants QIAGEN N.V., QIAGEN GmbH, QIAGEN Gaithersburg, Inc., QIAGEN Sciences, LLC, QIAGEN Inc. (USA), QIAGEN Redwood City, Inc., and Intelligent Bio-Systems, Inc. (collectively, "QIAGEN") asserting U.S. Patent No. 7,566,537 ("the '537 Patent");

WHEREAS, on November 29, 2016, the Court granted Plaintiffs Illumina Inc., and Illumina Cambridge Ltd.'s (collectively "Illumina") motion to supplement its complaint to assert claims for infringement of U.S. Patent No. 9,410,200 ("the '200 Patent") [Dkt. No. 162];

WHEREAS, the parties believe that it will be most efficient to synchronize the patent disclosures and claim construction proceedings for both the '537 and '200 Patents;

NOW THEREFORE, the parties HEREBY STIPULATE AND AGREE, subject to the approval and order of the Court, to the following amended schedule for the patent disclosures and claim construction proceedings:

NOW THEREFORE, the parties HEREBY STIPULATE AND AGREE, subject to the approval and order of the Court, to the following schedule for the completion of the patent disclosures and claim construction proceedings:

1. Illumina will serve supplemental infringement contentions that include allegations regarding the '200 Patent under Patent L.R. 3-1 and 3-2 on December 16, 2016.

2. QIAGEN will serve supplemental invalidity contentions that include allegations regarding the '200 Patent under Patent L.R. 3-4 and 3-5 on January 6, 2017.

3. The parties will exchange an updated, supplemental list of proposed claim terms for construction that include terms from both the '537 and '200 Patents under Patent L.R. 4-1 on January 13, 2017.

4. The parties will exchange proposed preliminary claim constructions for both the '537 and '200 Patents under Patent L.R. 4-2 on January 20, 2017.

5. The parties shall file a Joint Claim Construction and Prehearing Statement under Patent L.R. 4-3 on February 3, 2017.

6. The completion of claim construction briefing will be according to schedule under Patent L.R. 4-5.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

IT IS SO ORDERED.

Source:  Leagle

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