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

Filing 83

STIPULATION AND ORDER REGARDING MOTION TO DISMISS AND JURISDICTIONAL DISCOVERY by Hon. William Alsup granting 82 Stipulation.(whalc1, COURT STAFF) (Filed on 8/1/2016)

1 John L. Cooper (SBN 50324)
[e-mail]
2 Jeffrey M. Fisher (SBN 155284)
[e-mail]
3 Winston Liaw (State Bar No. 273899)
[e-mail]
4 FARELLA BRAUN & MARTEL LLP
235 Montgomery Street, 17th Floor
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: [phone]

Edward R. Reines (SBN 135960)
[e-mail]
Derek C. Walter (SBN 246322)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiffs Illumina, Inc. and
Illumina Cambridge Ltd.

7 Attorneys for Defendants QIAGEN, N.V.,
QIAGEN GmbH, QIAGEN Gaithersburg, Inc.,
8 QIAGEN Sciences, LLC, QIAGEN Inc. (USA),
QIAGEN Redwood City, Inc., and
9 Intelligent Bio-Systems, Inc.

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ILLUMINA, INC., and ILLUMINA
14 CAMBRIDGE LTD.,
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Plaintiffs,

Case No. 3:16-cv-02788-WHA

STIPULATION AND [PROPOSED]
ORDER REGARDING MOTION TO
DISMISS AND JURISDICTIONAL
DISCOVERY

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v.

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WHEREAS, on June 14, 2016, defendants except for QIAGEN N.V. filed a motion to

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WHEREAS, on June 16, 2016, defendant QIAGEN N.V. filed a motion to dismiss for lack

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WHEREAS, on July 19, 2016, the Court (i) held in abeyance QIAGEN N.V.’s motion to

17 QIAGEN N.V., QIAGEN GmbH,
QIAGEN GAITHERSBURG, INC.,
18 QIAGEN SCIENCES, LLC,
QIAGEN INC. (USA), QIAGEN REDWOOD
19 CITY, INC., and INTELLIGENT BIOSYSTEMS, INC.,
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Defendants.
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23 transfer this matter to the District of Delaware [Dkt. No. 29];
25 of personal jurisdiction [Dkt. No. 31];

27 dismiss, pending supplemental expedited jurisdictional discovery, (ii) ordered expedited
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Stip. and [Proposed] Order Regarding Motion to Dismiss, Motion to Transfer, and Jurisdictional Discovery.: Case No. 3:16-cv-02788-WHA

1 jurisdictional discovery and further briefing, and (iii) denied the motion to transfer or stay,

2 reserving on a final determination on the issue until after jurisdictional discovery was concluded
3 and the personal jurisdiction issue regarding QIAGEN N.V. was resolved [Dkt. No. 64];
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WHEREAS, while QIAGEN N.V. does not believe it has sufficient contacts with

5 California or the United States for general or specific personal jurisdiction, due to and to avoid the
6 further burden and expense of continued, expedited jurisdictional discovery in this case, QIAGEN
7 N.V. thereby has offered to withdraw its motion to dismiss and submit to the jurisdiction of this
8 Court for the limited purpose of this particular case;
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WHEREAS, while plaintiffs believe this Court has personal jurisdiction over QIAGEN

10 N.V. and contested QIAGEN N.V.'s motion to dismiss, they support the final resolution of the
11 personal jurisdiction issue in this case by stipulation and without the need for further Court
12 involvement.
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NOW THEREFORE, the parties HEREBY STIPULATE AND AGREE, subject to the

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1.

QIAGEN N.V. withdraws its motion to dismiss for lack of personal jurisdiction in

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2.

Plaintiffs withdraw their jurisdictional discovery requests served on QIAGEN

14 approval and order of the Court, as follows:
16 this case [Dkt. No. 31].

18 N.V., namely Plaintiffs’ Jurisdictional Discovery Document Requests to QIAGEN N.V. (Nos. 119 12); Plaintiffs’ Jurisdictional Discovery Interrogatories to QIAGEN N.V. (Nos. 1-12); and
20 Plaintiffs' requests for jurisdictional discovery depositions.
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3.

QIAGEN N.V. withdraws its motion to dismiss with the understanding that there

22 will be no supplement to the current record and the Court’s interim order denying the motion to
23 transfer can become final.
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4.

In light of this stipulation, there is no need for further jurisdictional discovery or

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5.

The parties shall bear their own fees and costs.

25 briefing, or for the jurisdictional hearing set for October 13, 2016.
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Stip. and [Proposed] Order Regarding Motion to Dismiss, Motion to Transfer, and Jurisdictional Discovery.: Case No. 3:16-cv-02788-WHA

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IT IS SO STIPULATED.

3 Dated: July 31, 2016

4 I, John L. Cooper, represent that
concurrence in the filing of this document
5 has been obtained from each of the other
signatories, which shall serve in lieu of
6 their signatures on this document.
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Attorneys For Defendants
QIAGEN, N.V., QIAGEN GMBH, QIAGEN
GAITHERSBURG, INC., QIAGEN SCIENCES,
LLC, QIAGEN INC. (USA), QIAGEN
REDWOOD CITY, INC., AND INTELLIGENT
BIO-SYSTEMS, INC.

/s/ Edward R. Reines
Edward R. Reines

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Attorneys for Plaintiffs
ILLUMINA, INC. AND ILLUMINA
CAMBRIDGE LTD.

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/s/ John L. Cooper
John L. Cooper

WEIL, GOTSHAL & MANGES LLP

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FARELLA BRAUN & MARTEL LLP

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing set for October 13,

18 2016 is hereby taken off the calendar.
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IT IS SO ORDERED.
Date: ___________________
August 1, 2016.

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THE HONORABLE WILLIAM ALSUP

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Stip. and [Proposed] Order Regarding Motion to Dismiss, Motion to Transfer, and Jurisdictional Discovery.: Case No. 3:16-cv-02788-WHA