Roche Molecular Systems, Inc. v. Cepheid

Filing 73

ORDER Lifting Stay by Magistrate Judge Elizabeth D. Laporte. A Further Case Management Conference is set for 6/14/2016 at 10:00 AM in Courtroom E, 15th Floor, San Francisco. An updated Case Management Statement is due by 6/7/2016. (shyS, COURT STAFF) (Filed on 5/20/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROCHE MOLECULAR SYSTEMS, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-03228-EDL
ORDER LIFTING STAY

v.

Dkt. No. 63
CEPHEID,
Defendant.
The parties filed a Joint Status update on May 18, 2016. Dkt. No. 72. In it, they reported

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on the status of the two petitions pending at the PTAB, the first concerning IPR2015-00255 claims

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1-3 and 17-20) and the second concerning IPR2015-00881 (concerning claim 21). With regard to

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IPR2015-00255, the parties state that PTAB issued a decision not to institute that petition.

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Defendant requested a rehearing of that decision, which was denied on September 16, 2015. On

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September 17, 2015, the PTAB instituted an Inter Partes Review of claim 21. On January 8, 2016,

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Plaintiff filed a statutory disclaimer of claim 21 with the Certificate of Corrections branch of the

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PTO. The PTO has not acted on the statutory disclaimer. Plaintiff now states that it will not assert

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claim 21 in this action or any future action against Defendant. In light of these facts, the parties

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state that they believe the stay in this case should be lifted without waiting for any formal

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conclusion to IPR2015-00881.

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The Court hereby lifts the stay. A further case management conference is set for June 14,
2016. The parties shall file an updated case management statement by June 7, 2016.
IT IS SO ORDERED.
Dated: May 20, 2016

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ELIZABETH D. LAPORTE
United States Magistrate Judge