Aria Diagnostics, Inc v. Sequenom, Inc

Filing 141

STIPULATION AND ORDER TO CHANGE ADR SCHEDULE re 140 STIPULATION WITH PROPOSED ORDER to Change ADR Schedule filed by Ariosa Diagnostics, Inc. Signed by Judge Susan Illston on August 28, 2012. (wsn, COURT STAFF) (Filed on 8/28/2012)

1 IRELL & MANELLA LLP
David I. Gindler (117824)
2 Andrei Iancu (184973)
Amir Naini (226627)
3 Lina F. Somait (263876)
Jason W. Sullivan (266760)
4 1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff and Counterclaim
7 Defendant
Ariosa Diagnostics, Inc.
8

KAYE SCHOLER LLP
Michael J. Malecek (171034)
Peter E. Root (142348)
Stephen Holmes (200727)
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaim
Plaintiff
Sequenom, Inc.
Additional counsel listed on signature page.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 ARIOSA DIAGNOSTICS, INC.,
Plaintiff,

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vs.

15 SEQUENOM, INC.,
Defendant.

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SEQUENOM, INC.,
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Counterclaim Plaintiff,
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vs.
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ARIOSA DIAGNOSTICS, INC.,
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Counterclaim Defendant,
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and
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ISIS INNOVATION LIMITED,
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Nominal Counterclaim
Defendant.

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STIPULATION AND [PROPOSED] ORDER TO CHANGE
ADR SCHEDULE
CASE NO. 3:11-CV-06391-SI

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Case No. 3:11-cv-06391-SI
STIPULATION AND [PROPOSED]
ORDER TO CHANGE ADR SCHEDULE

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IT IS HEREBY STIPULATED by and between Plaintiff and Counterclaim Defendant

2 Ariosa Diagnostics, Inc. (“Ariosa”), Defendant and Counterclaim Plaintiff Sequenom, Inc.
3 (“Sequenom”), and Nominal Counterclaim Defendant Isis Innovation Limited (“Isis”), by and
4 through their counsel of record as follows:
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WHEREAS the current deadline for the parties to participate in a private ADR session is

6 August 31, 2012;
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WHEREAS the parties requested the current deadline be set on August 31, 2012 in part

8 due to the need to allow sufficient preparation time following the resolution of Sequenom’s
9 motion for preliminary injunction;
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WHEREAS the Court’s disposition of Sequenom’s motion for preliminary injunction has

11 been appealed by Sequenom;
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WHEREAS Ariosa and Sequenom, in their filings on appeal to the United States Court of

13 Appeals for the Federal Circuit, have indicated that they are far apart in their settlement positions;
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NOW, THEREFORE, the parties, by and through the undersigned counsel, hereby

15 stipulate to the following modification to the ADR schedule:
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

The parties request that the August 31, 2012 deadline for the ADR session be

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continued and that a revised deadline for the ADR session be set at the case

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management conference to be held following the claim construction hearing for

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purposes of setting post-claim construction dates, which revised deadline would

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give the parties sufficient time to prepare for and participate in mediation after

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claim construction by this Court and a decision from the United States Court of

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Appeals for the Federal Circuit in the pending appeal.

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SO STIPULATED.

24 Dated: August 27, 2012

IRELL & MANELLA LLP

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By:
/s/ Jason W. Sullivan
Jason W. Sullivan
Attorneys for Plaintiff and
Counterclaim Defendant
Ariosa Diagnostics, Inc.

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STIPULATION AND [PROPOSED] ORDER TO CHANGE
ADR SCHEDULE
CASE NO. 3:11-CV-06391-SI

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1 Dated: August 27, 2012

KAYE SCHOLER LLP

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By:
/s/ Sean M. Boyle
Sean M. Boyle
Attorneys for Defendant and
Counterclaim Plaintiff
Sequenom, Inc.

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4
5 Dated: August 27, 2012

SATTERLEE STEPHENS BURKE &
BURKE LLP

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By:
/s/ Mario Aieta
Mario Aieta (Pro Hac Vice)
230 Park Avenue, Suite 1130
New York, New York 10169
Phone: [phone]
Facsimile: [phone]

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BULLIVANT HOUSER BAILEY PC
C. Todd Norris (181337)
601 California Street, Suite 1800
San Francisco, California 94108-2823
Phone: [phone]
Facsimile: [phone]

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Attorneys for Nominal Counterclaim
Defendant
Isis Innovation Limited

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GENERAL ORDER ATTESTATION
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I, Jason W. Sullivan, am the ECF user whose ID and password are being used to file the
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parties’ STIPULATION AND [PROPOSED] ORDER TO CHANGE ADR SCHEDULE. In
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compliance with General Order 45, X.B., I hereby attest that Sean M. Boyle, counsel for
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Sequenom, and Mario Aieta, counsel for Isis, have concurred in this filing.
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/s/ Jason W. Sullivan
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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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25 Dated: August 28, 2012
The Honorable Susan Illston
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CHANGE
ADR SCHEDULE
CASE NO. 3:11-CV-06391-SI

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