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

Filing 58

REQUEST FOR INFORMATION. Signed by Judge Alsup on 7/12/16. (whalc1, COURT STAFF) (Filed on 7/12/2016)

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.,

11
For the Northern District of California

United States District Court

10

12
13
14
15

No. C 16-02788 WHA

Plaintiffs,
v.
QIAGEN N.V., QIAGEN GmbH, QIAGEN
GAITHERSBURG, INC., QIAGEN
SCIENCES, LLC, QIAGEN INC. (USA),
QIAGEN REDWOOD CITY, INC., AND
INTELLIGENT BIO-SYSTEMS, INC.,

16

REQUEST FOR INFORMATION

Defendants.
/

17
18

Rule 4(k)(2) provides that for claims under federal law, service of a summons or filing a

19

waiver of service is sufficient to establish personal jurisdiction over a defendant if: “(A) the

20

defendant is not subject to jurisdiction in any state’s courts of general jurisdiction” and

21

“(B) exercising jurisdiction is consistent with the United States Constitution and laws.” In

22

applying Rule 4(k)(2), the Federal Circuit and the Ninth Circuit hold that application of Rule

23

4(k)(2) is appropriate unless a defendant contesting personal jurisdiction identifies any other

24

state where suit is possible. Touchcom, Inc. v. Bereskin & Parr, 574 F.3d 1403, 1415 (Fed. Cir.

25

2009); Holland Am. Line Inc. v. Wartsila N. Am. Inc., 485 F.3d 450, 462 (9th Cir. 2007).

26
27

By WEDNESDAY, JULY 13 AT 5:00 P.M., Qiagen N.V. shall identify a state where it
concedes it would be subject to personal jurisdiction.

28

IT IS SO ORDERED.
Dated:

July 12, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE