Illumina Inc. et al v. Complete Genomics Inc.

Filing 239

ORDER re 237 Declaration in Support, filed by Complete Genomics Inc., 238 Letter filed by Illumina Inc. Signed by Chief Magistrate Judge Elizabeth D Laporte on 2/22/2013. (knm, COURT STAFF) (Filed on 2/25/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ILLUMINA INC,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -10-05542(EDL)
ORDER

v.
COMPLETE GENOMICS INC,
Defendant.

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The Court held a hearing on February 20, 2013 on CGI’s motion for summary
judgment on claims 2, 4, and 5 of the ‘597 patent and Illumina’s 56(d) request. At the hearing the
Court urged the parties to meet and confer regarding a supplemental declaration from CGI that could
clarify some of the issues raised by Illumina. CGI did not meet and confer with Illumina before
filing a supplemental declaration. CGI was understandably trying to file the supplemental
declaration promptly. However, the Court further suggested at the hearing that the declaration also
clarify whether any documents confirmed the statement in the supplemental declaration that “[a]t no
time had CGI made, stored, or used a set of fifty or more oligonucleotide probes with annealing
temperatures whose maximum and minimum values differ from each other by no more than 1 º C” or
whether CGI’s documents were silent on that topic. See Docket No. 237, ¶ 10. Therefore, the Court
would like CGI to file a further supplemental declaration by March 5, 2013, to clarify whether such
corroborating documents exist, unless it would be unduly burdensome, in which case CGI should
file a letter explaining why that is so.
IT IS SO ORDERED.
Dated: February 22, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge