Natera v. Sequenom, Inc

Filing 154

ORDER by Judge Susan Illston granting 152 Stipulation Re: Bill of Costs. (tfS, COURT STAFF) (Filed on 7/12/2016)

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W. Paul Schuck (Cal. Bar No. 203717)
[e-mail]
Sony B. Barari (Cal. State Bar No. 243379)
[e-mail]
BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Corporation
One Embarcadero Center, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

Michael J. Malecek (Bar No. 171034)
[e-mail]
Peter E. Root (Bar No. 142348)
[e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Plaintiff/Counterclaim Defendant
NATERA, INC.

Attorneys for Defendant/Counterclaim-Plaintiff
SEQUENOM, INC.

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Mario Aieta (admitted pro hac vice)
[e-mail]
SATTERLEE STEPHENS BURKE &
BURKE LLP
230 Park Avenue
New York, NY 10169-0079
Telephone: [phone]
Facsimile: [phone]

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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Attorneys for Defendant
ISIS INNOVATION LIMITED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NATERA, INC.,

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Plaintiff,
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v.
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SEQUENOM, INC. and ISIS INNOVATION)
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LIMITED,
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Defendants.
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AND RELATED COUNTERCLAIMS
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No. 12-CV-0132-SI
STIPULATION AND [PROPOSED]
ORDER RE BILL OF COSTS
Judge:
Ctrm:

The Honorable Susan Illston
Courtroom 10, 19th Floor

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-12426.000/864876.1

STIPULATION AND [PROPOSED] ORDER RE BILL OF COSTS
Case No. 12-CV-0132-SI

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Natera, Inc. (“Natera”), Sequenom, Inc. (“Sequenom”), and Isis Innovation, Limited

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(“Isis”) (collectively, the “Parties”), by and through their respective counsel of record, hereby

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stipulate as follows:

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WHEREAS, on November 18, 2013, the Parties entered into a stipulation regarding final

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judgment in order to expedite appeal of this action and the Court adopted the stipulation and

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entered judgment on November 20, 2013 (Docket No. 144);

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WHEREAS, as part of the stipulation to avoid unnecessary expenditure of resources, the

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Parties agreed to defer issues regarding fees and costs and the Court ordered that: “All issues

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relating to fees and costs are reserved pending the outcome of any appeals, and the deadline for
filing such motions shall be set by the Court, upon application by the Parties, after a ruling by the

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United States Court of Appeals for the Federal Circuit.” (Docket No. 144, at 4, ¶ 4.);

One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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WHEREAS, on June 12, 2015, the United States Court of Appeals for the Federal Circuit
issued a ruling affirming this Court’s final judgment;
WHEREAS, on June 27, 2016, the United States Supreme Court denied Sequenom’s
Petition for a Writ of Certiorari and Sequenom’s appeals are exhausted;
NOW, THEREFORE, IT IS STIPULATED by and among the Parties through their
respective counsel, pursuant to Civil Local Rules 6-2 and 7-12, as follows:
The Parties respectfully request that the Court enter the following schedule with regard to
fees and costs of this matter:
1. Natera shall serve and file any Bill of Costs pursuant to Civil Local Rule 54-1 by July
11, 2016;
2. Sequenom and/or Isis shall file any objections to the Bill of Costs, after satisfying the
meet and confer requirements of Civil L.R. 54-2(b), by July 29, 2016;
3. After considering any objections filed pursuant to Civil L.R. 54-2, Costs shall be taxed

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in conformity with 28 U.S.C. §§ 1920 and 1923, Civil L.R. 54-3, and all other

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applicable statutes. On the bill of costs or in a separate notice, the Clerk shall indicate

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-22426.000/864876.1

STIPULATION AND [PROPOSED] ORDER RE BILL OF COSTS
Case No. 12-CV-0132-SI

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which, if any of the claimed costs are allowed and against whom such costs are

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allowed. The clerk shall serve copies of the notice taxing costs on all parties.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: July 8, 2016

BARTKO, ZANKEL, BUNZEL, & MILLER

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By:

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Attorneys for Plaintiff and CounterclaimDefendant NATERA, INC.

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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/s/ W. Paul Schuck
W. Paul Schuck

Dated: July 8, 2016

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KAYE SCHOLER LLP

By:

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/s/ Peter E. Root
Peter E. Root
Attorneys for Defendant and
Counterclaim Plaintiff SEQUENOM, INC.

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Dated: July 8, 2016

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SATTERLEE STEPHENS BURKE & BURKE LLP
By:

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/s/ Mario Aieta
Mario Aieta
Attorneys for Nominal Defendant
ISIS INNOVATION LIMITED

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ATTESTATION OF E-FILER
In compliance with Local Rule 5-1(i), the undersigned ECF user whose identification and

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password are being used to file this document, hereby attests that all signatories have concurred in

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the filing of this document.

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July 8, 2016

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/s/ W. Paul Schuck
W. Paul Schuck
-3-

2426.000/864876.1

STIPULATION AND [PROPOSED] ORDER RE BILL OF COSTS
Case No. 12-CV-0132-SI

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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7/12
Dated: _________________, 2016

____________________________________
The Honorable Susan Illston
United States District Court Judge

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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-42426.000/864876.1

STIPULATION AND [PROPOSED] ORDER RE BILL OF COSTS
Case No. 12-CV-0132-SI