Take2 Technologies Limited et al v. Pacific Biosciences of California, Inc.
| Take2 Technologies Limited and The Chinese University of Hong Kong |
| Pacific Biosciences of California Inc |
| 5:2023cv04166 |
| August 16, 2023 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Patent |
| 35 U.S.C. § 145 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 87
REPLY (re #75 MOTION to Disqualify Counsel ) filed byTake2 Technologies Limited, The Chinese University of Hong Kong. (Attachments: #1 Declaration of Michael Wise with Exhibits D-E)(Hamilton, Joseph) (Filed on 10/11/2023)
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Filing 86
CLERK'S NOTICE. Initial Case Management Conference set for 10/12/2023 is Continued to 10/26/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Motion Hearing re #75 Motion to Disqualify Counsel is ADVANCED to 10/26/2023 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Motion Hearing re #13 Motion to Dismiss is CONTINUED to 11/9/2023 at 9:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 10/10/2023)
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Reset Deadlines as to #13 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 11/9/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF) (Filed on 10/10/2023)
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Filing 85
Declaration of Brett Atkins in Support of #82 Opposition/Response to Motion to Disqualify filed byPacific Biosciences of California Inc. (Related document(s) #82 ) (Reines, Edward) (Filed on 10/4/2023)
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Filing 84
Declaration of Yang Tang in Support of #82 Opposition/Response to Motion to Disqualify filed byPacific Biosciences of California Inc. (Attachments: #1 Exhibit A)(Related document(s) #82 ) (Reines, Edward) (Filed on 10/4/2023)
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Filing 83
Declaration of Edward R. Reines in Support of #82 Opposition/Response to Motion to Disqualify filed byPacific Biosciences of California Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #82 ) (Reines, Edward) (Filed on 10/4/2023)
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Filing 82
OPPOSITION/RESPONSE (re #75 MOTION to Disqualify Counsel ) filed byPacific Biosciences of California Inc. (Reines, Edward) (Filed on 10/4/2023)
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Filing 81
ORDER Granting #80 Motion for Pro Hac Vice as to Nathan Kelley. Signed by Judge Edward J. Davila on 10/4/2023. (crr, COURT STAFF) (Filed on 10/4/2023)
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Filing 80
MOTION for leave to appear in Pro Hac Vice by Nathan Kelley for Plaintiffs ( Filing fee $ 317, receipt number ACANDC-18705648.) filed by Take2 Technologies Limited, The Chinese University of Hong Kong. (Kelley, Nathan) (Filed on 10/4/2023)
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Filing 79
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on Behalf of Plaintiffs (Hamilton, Joseph) (Filed on 10/2/2023)
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Filing 78
JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Take2 Technologies Limited, The Chinese University of Hong Kong. (Hamilton, Joseph) (Filed on 9/29/2023)
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Filing 77
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reines, Edward) (Filed on 9/29/2023)
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Filing 76
ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(af, COURT STAFF) (Filed on 9/22/2023)
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Filing 75
MOTION to Disqualify Counsel filed by Take2 Technologies Limited, The Chinese University of Hong Kong. Motion Hearing set for 11/9/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 10/4/2023. Replies due by 10/11/2023. (Attachments: #1 Declaration of Michael Wise with Exhibits A-C)(Hamilton, Joseph) (Filed on 9/20/2023)
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Filing 74
ORDER Granting #73 Motion for Pro Hac Vice as to Kathryn Leicht. Signed by Judge Edward J. Davila on 9/5/2023. (crr, COURT STAFF) (Filed on 9/5/2023)
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Filing 73
MOTION for leave to appear in Pro Hac Vice by Kathryn Leicht ( Filing fee $ 317, receipt number ACANDC-18606788.) filed by Pacific Biosciences of California Inc. (Leicht, Kathryn) (Filed on 8/31/2023)
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Filing 72
NOTICE of Change In Counsel by Edward Robert Reines Withdrawing Farnan LLP as Counsel (Reines, Edward) (Filed on 8/31/2023)
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Filing 71
NOTICE of Change In Counsel by Joseph Preston Hamilton Withdrawing Young Conaway Stargatt & Taylor as Counsel (Hamilton, Joseph) (Filed on 8/30/2023)
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Filing 70
CLERK'S NOTICE Setting Motion Hearing. Motion Hearing as to #13 Motion to Dismiss set for 10/26/2023 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 8/29/2023)
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Filing 69
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Take2 Technologies Limited, The Chinese University of Hong Kong.. (Hamilton, Joseph) (Filed on 8/29/2023)
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Filing 68
CLERK'S NOTICE SETTING HEARING. Initial Case Management Conference set for 10/12/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Case Management Statement due by 9/29/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 8/28/2023)
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Filing 67
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 8/28/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 8/28/2023)
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Filing 66
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 8/25/2023)
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Filing 65
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Pacific Biosciences of California Inc.. (Reines, Edward) (Filed on 8/25/2023)
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Filing 64
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/13/2023. Initial Case Management Conference set for 11/20/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (far, COURT STAFF) (Filed on 8/16/2023)
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Filing 63
Case transferred in from District of Delaware; Case Number 1:22-cv-01595. Original file certified copy of transfer order and docket sheet received.
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Case transferred to District of Northern District of California. Original file, certified copy of transfer order, and docket sheet sent. (apk)
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Filing 62
NOTICE OF SERVICE of (i) Pacific Biosciences' Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-10) ad (ii) Pacific Biosciences' Objections and Responses to Plaintiffs' First Set of Requests for Production (Nos. 1-89) filed by Pacific Biosciences of California, Inc..(Farnan, Brian)
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Filing 61
MEMORANDUM OPINION AND ORDER granting D.I. #18 MOTION to Transfer Case to Northern District of California. Signed by Judge William C. Bryson on 8/2/2023. (apk)
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Filing 60
STATEMENT re #58 Declaration [PLAINTIFFS' RESPONSE TO DEFENDANT'S SUPPLEMENTAL DECLARATION REGARDING MOTION TO TRANSFER VENUE] by Take2 Technologies Limited, The Chinese University of Hong Kong. (Higgins, James)
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Filing 59
REDACTED VERSION of #58 Declaration of Mark Van Oene by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 58
[SEALED] Supplemental DECLARATION re #18 MOTION to Transfer Case to Northern District of California of Mark Van Oene by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 57
NOTICE OF SERVICE of Pacific Biosciences of California Inc.'s Initial Invalidity Contentions filed by Pacific Biosciences of California, Inc..(Farnan, Brian)
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Filing 56
Official Transcript of Telephonic Motion Hearing held on July 25, 2023 before Judge William C. Bryson. Court Reporter/Transcriber Brian Gaffigan,Email: gaffigan.b@outlook.com. Counsel for Plaintiffs: Melanie Sharp, Taylor Hallowell, Michael Wise, Joseph Gallagher, Lara Dueppen. Counsel for Defendants: Brian Farnan, Ed Reines, Derek Walter. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (rlr)
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Pro Hac Vice Attorney Joseph P. Hamilton for Take2 Technologies Limited and The Chinese University of Hong Kong added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Minute Entry for proceedings held before Judge William C. Bryson: Telephonic hearing held on 7/25/2023. Counsel for all parties appeared. The Court held oral argument on PacBio's #18 Motion to Transfer. (Total Time in Court: 1 hour, 5 minutes) (Court Reporter Brian Gaffigan). (dds)
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Filing 55
SO ORDERED, re #54 STIPULATION to Amend Scheduling Order. Signed by Judge William C. Bryson on 07/20/2023. (smg)
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Filing 54
STIPULATION to Amend Scheduling Order by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 53
ORAL ORDER: The court will hold a telephonic oral argument regarding the #18 Motion to Transfer on Tuesday, July 25, 2023, at 2:00 p.m. Eastern Time. The dial-in information will be distributed to the parties via email. The parties will be jointly responsible for arranging court reporting services for the argument. Signed by Judge William C. Bryson on 7/18/2023. (dds)
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Filing 52
NOTICE OF SERVICE of Pacific Biosciences of California Inc.'s First Set of Requests for Production (Nos. 1-34) filed by Pacific Biosciences of California, Inc..(Farnan, Brian)
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Filing 51
NOTICE OF SERVICE of (1) Plaintiffs' Interrogatories to Defendant (Nos. 1-10); (2) Plaintiffs' Requests for Production to Defendant (Nos. 1-89) filed by Take2 Technologies Limited, The Chinese University of Hong Kong.(Hallowell, Taylor)
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Case Reassigned to Judge William C. Bryson of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (WCB) after the case number on all documents filed. (rjb)
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Filing 50
NOTICE OF SERVICE of Plaintiffs' Initial Infringement Claim Chart filed by Take2 Technologies Limited, The Chinese University of Hong Kong.(Hallowell, Taylor)
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Filing 49
Letter to the Honorable Maryellen Noreika from James L. Higgins regarding Whether Claim 1 of the '794 Patent is the only Claim that is likely to be litigated in this case - re 48 Oral Order,,,. (Higgins, James)
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Filing 48
ORAL ORDER re #13 MOTION to Dismiss for Failure to State a Claim - In light of the Federal Circuit's guidance and disposition in Hantz Software, LLC v. Sage Intacct, Inc., No. 2022-1390, 2023 WL 2569956 (Fed. Cir. Mar. 20, 2023), it is inappropriate to address at the motion to dismiss stage the patent eligibility of claims that are not asserted in the operative pleading. Defendant's motion, however, focuses on claim 1 of U.S. Patent No.11,091,794 ("the '794 Patent") but also attempts to reach the other 18 claims of the patent. THEREFORE, IT IS HEREBY ORDERED that, on or before May 31, 2023, Plaintiff shall file a letter informing the Court whether claim 1 of the '794 Patent is the only claim that is likely to be litigated in this case. ORDERED by Judge Maryellen Noreika on 5/23/2023. (dlw)
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Filing 47
NOTICE OF SERVICE of Pacific Biosciences' Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Pacific Biosciences of California, Inc..(Farnan, Brian)
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Filing 46
NOTICE OF SERVICE of Take2/CUHK's Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware's Default Standard for Discovery filed by Take2 Technologies Limited, The Chinese University of Hong Kong.(Hallowell, Taylor)
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Filing 45
Letter to the Honorable Maryellen Noreika from James L. Higgins regarding Request for Oral Argument - re #18 MOTION to Transfer Case to Northern District of California. (Higgins, James)
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Filing 44
REPLY BRIEF re #18 MOTION to Transfer Case to Northern District of California filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 43
STIPULATION TO EXTEND TIME to EXTEND the deadline for disclosures pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information to 5/18/2023 - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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SO ORDERED re #43 STIPULATION TO EXTEND the deadline for disclosures pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information to 5/18/2023. ORDERED by Judge Maryellen Noreika on 4/27/2023. (dlw)
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Filing 42
STIPULATION TO EXTEND TIME for Defendant to submit its reply brief in support of Defendant's Motion to Transfer to 5/1/2023 - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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SO ORDERED re #42 STIPULATION TO EXTEND TIME for Defendant to submit its reply brief in support of Defendant's Motion to Transfer to 5/1/2023 (Set Briefing Schedule: re #18 MOTION to Transfer Case to Northern District of California - Reply Brief due 5/1/2023). ORDERED by Judge Maryellen Noreika on 4/24/2023. (dlw)
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Filing 41
PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 4/20/2023. (dlw)
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Filing 40
Letter to the Honorable Maryellen Noreika from Melanie K. Sharp regarding Request for Oral Argument - re #13 MOTION to Dismiss for Failure to State a Claim . (Sharp, Melanie)
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Filing 39
PROPOSED ORDER // Protective Order by Take2 Technologies Limited, The Chinese University of Hong Kong. (Higgins, James) Modified on 4/20/2023 (dlw).
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Filing 38
DECLARATION of Joseph P. Hamilton re #37 Answering Brief in Opposition by Take2 Technologies Limited, The Chinese University of Hong Kong. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Higgins, James) Modified on 4/18/2023 (dlw).
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Filing 37
ANSWERING BRIEF in Opposition re #18 MOTION to Transfer Case to Northern District of California filed by Take2 Technologies Limited, The Chinese University of Hong Kong. Reply Brief due date per Local Rules is 4/24/2023. (Higgins, James) Modified on 4/18/2023 (dlw).
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Filing 36
REPLY BRIEF re #13 MOTION to Dismiss for Failure to State a Claim filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 35
STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to 4/20/2023 - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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SO ORDERED re #35 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to 4/20/2023. ORDERED by Judge Maryellen Noreika on 4/13/2023. (dlw)
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Filing 34
NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Paragraph 7(a) of the Scheduling Order filed by Take2 Technologies Limited, The Chinese University of Hong Kong.(Hallowell, Taylor)
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Filing 33
STIPULATION TO EXTEND TIME to file Proposed Protective Order to April 13, 2023 - filed by Take2 Technologies Limited, The Chinese University of Hong Kong. (Hallowell, Taylor)
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SO ORDERED re #32 STIPULATION TO EXTEND TIME for Defendant to file its reply brief in support of its Motion to Dismiss to 4/13/2023 (Set Briefing Schedule: re #13 MOTION to Dismiss for Failure to State a Claim - Reply Brief due 4/13/2023). ORDERED by Judge Maryellen Noreika on 4/6/2023. (dlw)
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SO ORDERED re #33 STIPULATION TO EXTEND TIME to file Proposed Protective Order to April 13, 2023. ORDERED by Judge Maryellen Noreika on 4/6/2023. (dlw)
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Filing 32
STIPULATION TO EXTEND TIME for Defendant to file its reply brief in support of its Motion to Dismiss to 4/13/2023 - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 31
ANSWERING BRIEF in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by Take2 Technologies Limited, The Chinese University of Hong Kong.Reply Brief due date per Local Rules is 4/6/2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sharp, Melanie)
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Filing 30
NOTICE OF SERVICE of Take2's and CUHK's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Take2 Technologies Limited, The Chinese University of Hong Kong.(Hallowell, Taylor)
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Filing 29
NOTICE OF SERVICE of Pacific Biosciences' Initial Disclosures filed by Pacific Biosciences of California, Inc..(Farnan, Brian)
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Filing 28
SCHEDULING ORDER: Joinder of Parties due by 10/13/2023. Amended Pleadings due by 10/13/2023. Fact Discovery completed by 2/1/2024. Opening Expert Reports due by 9/5/2024. Rebuttal Expert Reports due by 10/3/2024. Reply Expert Reports due by 11/1/2024. Expert Discovery due by 11/21/2024. Dispositive Motions due by 1/23/2025. Claim Construction Opening Brief served by 4/11/2024. Claim Construction Answering Brief served by 5/9/2024. Claim Construction Reply Brief served by 6/6/2024. Claim Construction Surreply Brief served by 7/8/2024. Joint Claim Construction Brief filed by 7/15/2024. A Markman Hearing is set for 8/5/2024 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 6/30/2025 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 7/7/2025 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 3/27/2023. (dlw)
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Filing 27
PROPOSED ORDER // Scheduling Order by Take2 Technologies Limited, The Chinese University of Hong Kong. (Attachments: #1 Letter)(Higgins, James) Modified on 3/24/2023 (dlw).
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SO ORDERED re #26 STIPULATION TO EXTEND TIME to submit a proposed Scheduling Order to 3/24/2023. ORDERED by Judge Maryellen Noreika on 3/21/2023. (dlw)
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Filing 26
STIPULATION TO EXTEND TIME to submit a proposed Scheduling Order to 3/24/2023 - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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SO ORDERED re #25 STIPULATION TO EXTEND TIME to file an answering brief in opposition to the Defendant's Motion to Transfer Venue (D.I. 18) to April 17, 2023 (Set Briefing Schedule: re #18 MOTION to Transfer Case to Northern District of California - Answering Brief due 4/17/2023). ORDERED by Judge Maryellen Noreika on 3/9/2023. (dlw)
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Filing 25
STIPULATION TO EXTEND TIME to file an answering brief in opposition to the Defendant's Motion to Transfer Venue (D.I. 18) to April 17, 2023 - filed by Take2 Technologies Limited, The Chinese University of Hong Kong. (Hallowell, Taylor)
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Filing 24
REDACTED VERSION of #2 Complaint by Take2 Technologies Limited, The Chinese University of Hong Kong. (Hallowell, Taylor) Modified on 3/3/2023 (dlw).
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Filing 23
REDACTED VERSION of #21 Declaration by Pacific Biosciences of California, Inc. (Farnan, Brian) Modified on 3/3/2023 (dlw).
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Filing 22
REDACTED VERSION of #20 Declaration by Pacific Biosciences of California, Inc. (Attachments: #1 Exhibits 1-7)(Farnan, Brian) Modified on 3/3/2023 (dlw).
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Pro Hac Vice Attorney Kathryn Leicht for Pacific Biosciences of California, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 21
[SEALED] DECLARATION of Mark Van Oene re #19 Opening Brief in Support by Pacific Biosciences of California, Inc. (Farnan, Brian) Modified on 3/3/2023 (dlw).
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Filing 20
[SEALED] DECLARATION of Kathryn Leicht re #19 Opening Brief in Support by Pacific Biosciences of California, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Farnan, Brian) Modified on 3/3/2023 (dlw).
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Filing 19
OPENING BRIEF in Support re #18 MOTION to Transfer Case to Northern District of California filed by Pacific Biosciences of California, Inc..Answering Brief/Response due date per Local Rules is 3/16/2023. (Farnan, Brian)
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Filing 18
MOTION to Transfer Case to Northern District of California - filed by Pacific Biosciences of California, Inc.. (Attachments: #1 Rule 7.1.1 Certification)(Farnan, Brian)
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Filing 17
STIPULATION TO EXTEND TIME to File an Answering Brief in Opposition to the Defendant's Motion to Dismiss (D.I. 13) to March 30, 2023 - filed by Take2 Technologies Limited, The Chinese University of Hong Kong. (Hallowell, Taylor)
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SO ORDERED, re #17 STIPULATION TO EXTEND TIME to File an Answering Brief in Opposition to the Defendant's Motion to Dismiss (D.I. 13) to March 30, 2023 filed by Take2 Technologies Limited, Take2 Holdings Limited, The Chinese University of Hong Kong, Set Briefing Schedule: re #13 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 3/30/2023.). ORDERED by Judge Maryellen Noreika on 2/17/2023. (mdb)
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Filing 16
ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiffs serves their opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 2/16/2023. (dlw)
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Pro Hac Vice Attorney Kyle R. Canavera, Courtney M. Prochnow, Lara J. Dueppen, and Michael J. Wise for Take2 Technologies Limited and The Chinese University of Hong Kong added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 15
DECLARATION of Kathryn Leicht re #13 MOTION to Dismiss for Failure to State a Claim by Pacific Biosciences of California, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Farnan, Brian) Modified on 2/15/2023 (dlw).
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Filing 14
OPENING BRIEF in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Pacific Biosciences of California, Inc..Answering Brief/Response due date per Local Rules is 2/28/2023. (Farnan, Brian)
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Filing 13
MOTION to Dismiss for Failure to State a Claim - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Pro Hac Vice Attorney Nathan Kelley and William M. Pierce for Take2 Technologies Limited and The Chinese University of Hong Kong added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Pro Hac Vice Attorney Edward R. Reines and Derek C. Walter for Pacific Biosciences of California, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, and Kathryn Leicht - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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SO ORDERED re #12 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, and Kathryn Leicht filed by Pacific Biosciences of California, Inc. ORDERED by Judge Maryellen Noreika on 2/6/2023. (dlw)
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SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Wise, Joseph P. Hamilton, Lara J. Dueppen, Courtney M. Prochnow, Nathan Kelley, Kyle R. Canavera, and W. Matthew Pierce of Perkins Coie LLP filed by Take2 Technologies Limited, Take2 Holdings Limited, The Chinese University of Hong Kong. ORDERED by Judge Maryellen Noreika on 12/22/2022. (dlw)
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SO ORDERED re #11 STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the Complaint to 2/14/2023 (Set/Reset Answer Deadlines: Pacific Biosciences of California, Inc. answer due 2/14/2023). ORDERED by Judge Maryellen Noreika on 12/22/2022. (dlw)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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Filing 11
STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the Complaint to 2/14/2023 - filed by Pacific Biosciences of California, Inc.. (Farnan, Brian)
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Filing 10
Return of Service Executed by Take2 Technologies Limited, The Chinese University of Hong Kong. Pacific Biosciences of California, Inc. served on 12/15/2022, answer due 1/5/2023. (Hallowell, Taylor)
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Filing 9
ORDER Granting #1 MOTION for Leave to File Complaint Under Seal. Signed by Judge Richard G. Andrews on 12/15/2022. (nms)
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Remark: Case submitted for Judicial Routine Assignment. (vfm)
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Filing 8
REDACTED VERSION of #2 Complaint, by Chinese University of Hong Kong, Take2 Technologies Limited. (vfm) (Additional attachment(s) added on 12/14/2022: #1 Exhibit A-B, #2 Exhibit C-F, #3 Exhibit G-M) (vfm).
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Filing 7
MOTION for Pro Hac Vice Appearance of Attorney Michael J. Wise, Joseph P. Hamilton, Lara J. Dueppen, Courtney M. Prochnow, Nathan Kelley, Kyle R. Canavera, and W. Matthew Pierce of Perkins Coie LLP - filed by Chinese University of Hong Kong, Take2 Technologies Limited. (vfm)
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Filing 6
Summons Issued as to Pacific Biosciences of California, Inc. on 12/14/2022. (vfm)
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Filing 5
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Chinese University of Hong Kong, Parent Listed Take2 Holdings Limited for Take2 Technologies Limited. (vfm)
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Filing 4
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,091,794. (vfm)
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Filing 3
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm)
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Filing 2
[SEALED] COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Pacific Biosciences of California, Inc. ( Filing fee $ 402, receipt number ADEDC-4025864.) - filed by Take2 Technologies Limited, The Chinese University of Hong Kong. (Attachments: #1 Exhibit A-B, #2 Exhibit C-F, #3 Exhibit G-M, #4 Civil Cover Sheet) (vfm)
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Filing 1
MOTION for Leave to File Complaint Under Seal - filed by The Chinese University of Hong Kong, Take2 Technologies Limited. (Attachments: #1 Proposed Order) (vfm) Modified on 12/15/2022 (nms).
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Remark: Exit electronic copies to duty Judge RGA. (vfm)
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