The Scripps Research Institute v. Illumina, Inc.
| The Scripps Research Institute |
| Illumina, Inc. |
| 3:2016cv00661 |
| March 17, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Janis L. Sammartino |
| Bernard G. Skomal |
| Patent |
| 35 U.S.C. ยง 0271 |
| Plaintiff |
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Filing
77
ORDER on Claim Construction. Signed by Judge Janis L. Sammartino on 4/10/2018.(mpl)
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Filing
34
ORDER Denying Defendant's 30 Motion to Dismiss. Defendant does not appear to contest the sufficiency of plaintiff's allegations assuming the Court were to credit the plausibility of plaintiff's construction of parameter "a ." (See generally MTD, ECF No. 30-1; see also Reply 14, ECF No. 33 ("What's more, Scripp's infringement case fails if either part of Illumina's construction is adopted...." (emphasis removed)).) And plaintiff's F AC sets forth how the accused products allegedly meet each element of the asserted claims under its theory of infringement. (See FAC 20-23, ECF No. 27.) Thus, having found that plaintiff's construction of parameter "a" is plausible, it is ordered that the Court denies defendant's Motion to Dismiss. Signed by Judge Janis L. Sammartino on 4/14/2017. (dxj)
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Filing
26
ORDER granting in part and denying in part 22 Defendant's Motion to Dismiss. The Court grants in part and denies in part Defendant's Motion to Dismiss. Plaintiff is not required to identify all of its asserted claims or Defendant's a llegedly infringing products at the pleading stage, but Plaintiff's claims are otherwise dismissed with leave to amend. Plaintiff shall file an amended complaint, if any, on or before December 12, 2016. Signed by Judge Janis L. Sammartino on 11/21/2016. (kcm)
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