Illumina, Inc. et al v. QIAGEN, N.V. et al

Filing 196

PRECLUSION ORDER FOLLOWING REFUSAL TO PRODUCE EVIDENCE AND PROTECTIVE ORDER. Signed by Judge Alsup on 2/1/17. (whalc1, COURT STAFF) (Filed on 2/1/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ILLUMINA, INC, and ILLUMINA CAMBRIDGE LTD., No. C 16-02788 WHA 11 For the Northern District of California United States District Court 10 12 13 14 15 16 Plaintiffs, v. Defendants. / 17 18 PRECLUSION ORDER FOLLOWING REFUSAL TO PRODUCE EVIDENCE AND PROTECTIVE ORDER QIAGEN N.V., QIAGEN GmbH, QIAGEN GAITHERSBURG, INC., QIAGEN SCIENCES, LLC, QIAGEN INC. (USA), QIAGEN REDWOOD CITY, INC., AND INTELLIGENT BIO-SYSTEMS, INC., The Court has reviewed the letter from Attorney John Cooper, noting that defendants 19 agree to the proposal made at the hearing on January 27 (Dkt. No. 195). Accordingly, the Court 20 orders as follows: 21 Defendants are precluded from referring to or relying on the sequencing chemistry used 22 in their new product for any purpose at summary judgment or at trial (or any other purpose). In 23 light of defendants’ consent to this preclusion, their request for a protective order regarding 24 discovery relating to the new chemistry (excluding the protecting group) is GRANTED. 25 To be clear, this order entirely precludes any discussion of the new chemistry by 26 defendants; it does not allow defendants to raise the issue with the condition that the jury will 27 be instructed about their stonewalling. (That option was mentioned at the hearing but never 28 offered to defendants and was superseded by the total preclusion alternative.) 1 This order does not address whether defendants may rely on the new chemistry as 2 evidence of a design around if we reach the question of a permanent injunction. It also does not 3 address other sequencing chemistries that may have been considered before defendants 4 launched the accused products. 5 IT IS SO ORDERED. 6 7 Dated: February 1, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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