Cepheid v. Roche Molecular Systems, Inc. et al

Filing 87

STIPULATION AND ORDER Case Management Statement due by 9/17/2015. Case Management Conference set for 9/24/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/13/15. (bpf, COURT STAFF) (Filed on 3/13/2015)

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Erik R. Puknys (SBN 190926)
[e-mail]
M. Paul Barker (SBN 243986)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff Cepheid

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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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CEPHEID,

CASE NO. 3:12-CV-04411-EMC

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Plaintiffs,
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v.

JOINT REQUEST TO CONTINUE
CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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ROCHE MOLECULAR SYSTEMS, INC. and
F. HOFFMANN-LA ROCHE LTD.,
Defendants.

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JOINT REQUEST TO CONTINUE CMC
CASE NO. 3:12-CV-04411-EMC

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Plaintiff Cepheid filed this declaratory judgment action on August 21, 2012, seeking, inter

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alia, a declaration that the claims of U.S. Patent Nos. 5,804,375 (“the ’375 patent”) and 6,127,155

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(“the ’155 patent”) are not infringed, are invalid, and are otherwise unenforceable. Defendant Roche

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Molecular Systems, Inc. moved to stay Counts I and II related to the ’375 patents pending final

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resolution of a Swiss arbitration between the parties and moved to dismiss Counts III and IV related

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to the ’155 patent for lack of subject matter jurisdiction. On January 17, 2013, the Court issued its

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Order Granting Defendant’s Motion to Stay and Motion to Dismiss (“Order”). ECF No. 68. The

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Court stayed Counts I and II until further order of this Court and dismissed Counts III and IV for

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lack of subject matter jurisdiction. With respect to Counts I and II, the Court directed the parties to

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“update this Court within 30 days of the issuance of the Arbitral Tribunal’s decision on the issue of

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jurisdiction.” Id. at 8.

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Pursuant to the Order, the parties notified the Court that on August 1, 2013, the International

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Chamber of Commerce (ICC) International Court of Arbitration issued a letter notifying the parties

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that the Arbitral Tribunal had rendered a Partial Award on arbitral jurisdiction, dated July 30, 2013.

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ECF No. 77. The Partial Award included an order concerning jurisdiction, in which the Arbitral

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Tribunal concluded that it has jurisdiction to decide on the relief sought by the claimants (i.e., Roche

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Molecular Systems, Inc. and F. Hoffmann-La Roche Ltd). Cepheid appealed the Arbitral Tribunal’s

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jurisdictional decision. Id.

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On February 24, 2014 the parties jointly requested a continuance of the Case Management

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Conference. ECF No. 81. The Court granted the parties’ request and rescheduled the Case

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Management Conference to November 13, 2014. ECF No. 82.

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On February 28, 2014 the Swiss Federal Court dismissed Cepheid’s appeal in its entirety.

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The Arbitration is proceeding in accordance with the schedule set by the Arbitral Tribunal, which

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provides for an evidentiary hearing.

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In light of the circumstances, the parties do not believe it is appropriate to lift the Court’s stay
at this time. Cepheid will contact the Court if it believes that a lift of the stay is appropriate.

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Accordingly, the parties respectfully request that the Initial Case Management Conference,

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currently scheduled for March 26, 2015, be continued until September 24, 2015, or any other date
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JOINT REQUEST TO CONTINUE CMC
CASE NO. 3:12-CV-04411-EMC

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that the Court deems appropriate. The parties will contact the Court before then if anything of

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substance occurs in the arbitration that may affect the status of this case.

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By his signature below, Counsel for Plaintiff certifies that Counsel for Defendants concur in
the filing of this notice.

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Dated: March 12, 2015

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
/s/ Erik R. Puknys
Erik R. Puknys
Attorney for Plaintiff Cepheid
WILMER CUTLER PICKERING HALE AND
DORR LLP

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/s/ Robert J. Gunther, Jr.
Robert J. Gunther, Jr.
Attorney for Defendant F. Hoffmann-La Roche Ltd.

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COOLEY LLP

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/s/ Mark F. Lambert
Mark F. Lambert
Attorney for Defendant Roche Molecular Systems, Inc.

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JOINT REQUEST TO CONTINUE CMC
CASE NO. 3:12-CV-04411-EMC

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IT IS SO ORDERED.

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IT IS S
DIFIED
AS MO

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. Chen

ward M
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United States District ERED
RD Judge

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UNIT
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Dated: _________________________

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3/13/15

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S DISTRICT
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The CMC is reset for 9/24/15 at 9:30 a.m. A joint CMC Statement shall be filed by
9/17/15.

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Pursuant to the stipulation of the parties and good cause appearing therefore;

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[PROPOSED] ORDER

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D IS T IC T O
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JOINT REQUEST TO CONTINUE CMC
CASE NO. 3:12-CV-04411-EMC