Verinata Health, Inc. et al v. Sequenom, Inc. et al

Filing 360

ORDER RE: STATUS OF BIOGEN CASE (Illston, Susan) (Filed on 6/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VERINATA HEALTH, INC., et al.,

Case No. 12-cv-00865-SI

Plaintiffs,
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v.

ORDER RE: STATUS OF BIOGEN
CASE

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SEQUENOM, INC., et al.,
Defendants.

United States District Court
Northern District of California

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On February 2, 2015, the Court denied cross-motions for summary judgment filed by

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Sequenom and CHUK, and sua sponte stayed the action pending the Federal Circuit’s resolution

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of the appeal from Biogen Idec MA, Inc. v. Japanese Found. for Cancer Research, No. CIV. 13-

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13061-FDS, 2014 WL 2167677 (D. Mass. May 22, 2014), which found that the proper forum for

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§ 146 appeals from PTAB interference proceedings declared after September 16, 2012 is the

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Federal Circuit, not a district court. Docket No. 345. This Court found that if the Federal Circuit

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affirmed the Biogen ruling, it would likely deprive this Court of subject matter jurisdiction over

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this case. On May 7, 2015, the Federal Circuit affirmed, thereby depriving this Court of subject

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matter jurisdiction. Biogen MA, Inc. v. Japanese Found. for Cancer Research, 785 F.3d 648 (Fed.

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Cir. 2015).

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On May 8, 2015, CHUK filed a letter requesting that the Court dismiss this action with

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prejudice. Docket No. 365. In a reply, Stanford urged the Court to postpone any action until the

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time for initiating en banc review had expired, and that in any event, dismissal was an improper

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remedy. Docket No. 357.

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The Court hereby ORDERS the parties to file a joint statement no later than July 1, 2015

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informing the Court as to the status of the Biogen case, and in particular, whether the time for

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initiating en banc review has expired. In the event that the Federal Circuit will not rehear the case,

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the Court intends to transfer this action to the Federal Circuit.

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IT IS SO ORDERED.
Dated: June 25, 2015

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________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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