Illumina Inc. et al v. Complete Genomics Inc.

Filing 119

STIPULATION AND ORDER re 118 FOR FILING AMENDED PLEADINGS filed by Complete Genomics Inc.. Signed by Judge Elizabeth D Laporte on 1/31/2012. (kns, COURT STAFF) (Filed on 2/1/2012)

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Michael J. Malecek (State Bar No. 171034)
Email address: [e-mail]
Katherine LaBarre (State Bar No. 269726)
Email address: [e-mail]
Marisa Armanino Williams (State Bar No. 264907)
Email address: [e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306-2112
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant and Counterclaimant
COMPLETE GENOMICS, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ILLUMINA, INC., and
SOLEXA, INC.,
Plaintiffs,

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v.
COMPLETE GENOMICS, INC.,

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Defendant.

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_________________________________

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Case No. 3:10-cv-05542 EDL
STIPULATION AND [PROPOSED]
ORDER FOR FILING AMENDED
PLEADINGS

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Plaintiffs Illumina, Inc. and Solexa, Inc. (collectively, “Illumina”) and Defendant

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Complete Genomics, Inc. (“CGI”), by and through their undersigned counsel of record, hereby

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stipulate and agree as follows:

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WHEREAS, on August 3, 2010, Illumina filed its Complaint in the District of Delaware in

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the case styled Illumina, Inc. and Solexa, Inc. v. Complete Genomics, Inc., Case No. 10-649-RK

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(D. Del.) (“Delaware Action”);

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

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

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STIPULATION AND [PROPOSED] ORDER
FOR FILING AMENDED PLEADINGS

Case No. 3:10-cv-05542 EDL

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

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

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

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

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STIPULATION AND [PROPOSED] ORDER
FOR FILING AMENDED PLEADINGS

Case No. 3:10-cv-05542 EDL

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IT IS HEREBY STIPULATED by and between the parties hereto through their respective

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attorneys of record that CGI may file an Amended Answer and Counterclaims, a copy of which is

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attached hereto.

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Dated: January 25, 2012

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/s/ Katherine LaBarre
Michael J. Malecek (State Bar No. 171034)
Email: [e-mail]
Katherine LaBarre (State Bar No. 269726)
Email: [e-mail]
Marisa A. Williams (State Bar No. 264907)
Email: [e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306-2112
Telephone: [phone]
Facsimile: [phone]

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/s/ John Labbé
Kevin M. Flowers (admitted pro hac vice)
Email: [e-mail]
John R. Labbé (admitted pro hac vice)
Email: [e-mail]
MARSHALL, GERSTEIN & BORUN LLP
233 South Wacker Drive
6300 Willis Tower
Chicago, Illinois 60606-6357
Telephone: [phone]
Facsimile: [phone]
Gina A. Bibby
Email: [e-mail]
FOLEY & LARDNER LLP
975 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant and Counterclaimant
COMPLETE GENOMICS, INC.
FILER’S ATTESTATION: Pursuant to General Order
No. 45, Section X.B, Katherine LaBarre hereby attests
that John Labbé has provided his concurrence with the
electronic filing of this Stipulation and [Proposed]
Order.

Attorneys for Plaintiffs
ILLUMINA, INC. and SOLEXA, INC.

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31st
PURSUANT TO STIPULATION, IT IS SO ORDERED, this ______ day of January, 2012.

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_______________________________
Honorable Elizabeth D. Laporte
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER
FOR FILING AMENDED PLEADINGS

Case No. 3:10-cv-05542 EDL