Gen-Probe Incorporated v. Becton Dickinson and Company

Plaintiff: Gen-Probe Incorporated
Defendant: Becton Dickinson and Company
Case Number: 3:2009cv02319
Filed: October 19, 2009
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T. Benitez
Referring Judge: Nita L. Stormes
Nature of Suit: Plaintiff
Cause of Action: 35:145 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 30, 2012 563 Opinion or Order of the Court ORDER Denying Gen-Probe's 482 Motions to Strike and Dismiss Becton Dickinson's First Amended Answers and Counterclaims. Signed by Judge Roger T. Benitez on 10/30/2012. (knb)(jrd)
September 28, 2012 491 Opinion or Order of the Court ORDER: Denying Becton Dickinson's Motion to Dismiss for Lack of Subject Matter Jurisdiction; Granting Gen-Probe's Motion for Summary Judgment of Infringement of '308 Patent; Denying Becton Dickinson's Motion for Summary Judgment o f Invalidity of '308 Patent; Denying Becton Dickinson's Motion for Summary Judgment of Invalidity of the Automation patents; Granting in Part and Denying in Part Gen-Probe's Motion for Partial Summary Judgment of Infringement and No In validity of the Automation Patents; Granting Becton Dickinson's Motion for Summary Judgment of Non-Infringement (Doc. Nos. 301 , 333 , 368 , 369 , 372 , 381 , 411 , 443 , 469 , 473 , 475 , and 476 ). Signed by Judge Roger T. Benitez on 9/28/2012. (knb)
August 29, 2012 467 Opinion or Order of the Court ORDER resolving 454 Joint Motion for Resolution of Discovery Dispute Number 21; denying 453 Motion to File Documents Under Seal. Court orders that: 1.) Gen-Probe shall by 9/7/2012 produce the 6/24/2003 draft of the Toukan letter, 2.) The 6/4/200 3 and 6/6/2003 drafts are protected by the attorney-client privilege and Gen-Probe shall not produce the earlier drafts, and 3.) Gen-Probe shall by 9/7/2012, produce a revised version of December 2011 privilege log that separately identifies all drafts of communications to Mr. Toukan. Signed by Magistrate Judge Nita L. Stormes on 8/29/2012. (jah)
July 18, 2012 408 Opinion or Order of the Court ORDER Overruling Gen-Probe's Objections to May 30, 2012 Order Resolving Joint Motion for Resolution of Discovery Dispute (Do. No. 359 ). Signed by Judge Roger T. Benitez on 7/18/2012.(knb)
May 30, 2012 346 Opinion or Order of the Court ORDER Resolving 320 Joint Motion for Determination of Discovery Dispute No. 20. Gen-Probe shall, no later than 5:00 p.m. Pacific Time on May 30, 2012, produce to BD all documents produced to the Court for in camera review. Signed by Magistrate Judge Nita L. Stormes on 5/30/2012. (knb)(jrd)
April 6, 2012 273 Opinion or Order of the Court ORDER Resolving 254 Joint Motion for Determination of Discovery Dispute No. 15. Signed by Magistrate Judge Nita L. Stormes on 4/6/2012. (knb)(jrd)
February 22, 2012 224 Opinion or Order of the Court ORDER Granting in Part 193 Motion to Require Gen-Probe to Limit the Number of Asserted Claims. Signed by Judge Roger T. Benitez on 2/21/2012. (knb)(jrd)
November 22, 2011 187 Opinion or Order of the Court Amended CLAIM CONSTRUCTION ORDER. Signed by Judge Roger T. Benitez on 11/21/2011.(knb)(jrd)
November 15, 2011 186 Opinion or Order of the Court CLAIM CONSTRUCTION ORDER. Signed by Judge Roger T. Benitez on 11/15/2011.(knb)
March 18, 2011 136 Opinion or Order of the Court ORDER Determining 134 Joint Motion for Discovery Dispute No. 8, Granting Defendants' Motion for Protective Order. Signed by Magistrate Judge Nita L. Stormes on 3/18/2011. (knh)
January 3, 2011 112 Opinion or Order of the Court ORDER Determining Joint Motion for Discovery Dispute No. 6, Granting Plaintiff's Motion to Compel (Doc. No. 111 ). Signed by Magistrate Judge Nita L. Stormes on 1/3/2011. (knh)
November 1, 2010 83 Opinion or Order of the Court ORDER Denying 38 Motion to Strike Defendant's "Unclean Hands" Affirmative Defense. Signed by Judge Roger T. Benitez on 11/1/2010. (knh)
September 13, 2010 76 Opinion or Order of the Court ORDER Determining Joint Motion for Discovery Dispute No. 4, Granting Defendant's Motion to Compel. Signed by Magistrate Judge Nita L. Stormes on 9/13/2010. (knh)
September 7, 2010 75 Opinion or Order of the Court ORDER Determining Renewed Joint Motion for Discovery Dispute No. 3, Granting in Part and Denying in Part Defendant's Motion to Compel 71 . BD shall, by October 8, 2010, identify to Gen-Probe which of its prior art references it will rely on reg arding obviousness with respect to the information requested in ROGs 2 and 3. BD may supplement or amend its identification of prior art references within 30 days of receiving Gen-Probe's discovery responses. Gen-Probe shall, by November 8, 2010 , provide responses to BD's ROGs 2 and 3. To the extent Gen-Probe discovers any additional information after that time, Gen-Probe shall supplement its response as that information becomes available. Signed by Magistrate Judge Nita L. Stormes on 9/7/10. (kaj)
May 19, 2010 45 Opinion or Order of the Court ORDER Granting 39 Joint Motion for Determination of Discovery Dispute No. 1. BD must provide supplemental responses to Gen-Probe as specified in this order no later than May 28, 2010. Signed by Magistrate Judge Nita L. Stormes on 5/19/2010. (knh) (mam).
April 28, 2010 41 Opinion or Order of the Court ORDER Granting in Part 27 Joint Motion for Protective Order to Determine Parties' Dispute Regarding Issue No. 2 in the Protective Order. The court grants in part the joint motion to determine the second issue raised in the proposed protective order, denies without prejudice the request to impose a prosecution bar, and imposes a requirement that any as-of-yet undisclosed outside counsel who prosecutes patents or materially assists in the prosecution of patents, before reviewing the opposin g party's "Highly Confidential" information, disclose to the other side his or her involvement in patent prosecution. The parties shall lodge that revised protective order with Judge Stormes by May 5, 2010. Signed by Magistrate Judge Nita L. Stormes on 4/28/2010. (knh) (kaj).

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Plaintiff: Gen-Probe Incorporated
Represented By: Stephen P Swinton
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Defendant: Becton Dickinson and Company
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