CareDx, Inc., et al. v. Natera, Inc.
CareDx, Inc. and The Board of Trustees of the Leland Stanford Junior University |
Natera, Inc. |
1:2019cv00567 |
March 26, 2019 |
US District Court for the District of Delaware |
Christopher J Burke |
Colm F Connolly |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 180 STATEMENT Plaintiffs' Supplemental Surreply Submission Regarding 35 U.S.C. 101 by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) |
Filing 179 SO ORDERED, re (120 in 1:19-cv-01804-CFC-CJB) Stipulation filed by CareDx, Inc. Signed by Judge Colm F. Connolly on 6/29/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
Filing 178 STIPULATION Concerning Plaintiffs' Supplemental Section 101 Surreply Brief by CareDx, Inc.. (Attachments: #1 Exhibit A)(Farnan, Brian) |
Filing 177 STATEMENT re (115 in 1:19-cv-01804-CFC-CJB, 173 in 1:19-cv-00567-CFC-CJB) Stipulation -- Reply Supplemental Brief by Eurofins Viracor, Inc., Natera, Inc.. (Fahnestock, Derek) |
Filing 176 STATEMENT Supplemental Submission regarding 35 U.S.C. Sec. 101 by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit A)(Farnan, Brian) |
Filing 175 STATEMENT re #173 Stipulation -- Opening Supplemental Brief by Natera, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fahnestock, Derek) |
ORAL ORDER: As stated during the evidentiary hearing on May 17, 2021, these cases are stayed pending completion of the supplemental briefing and the Court's ruling on the section 101 issue. Case stayed. Ordered by Judge Colm F. Connolly on 5/24/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 174 SO ORDERED, re (115 in 1:19-cv-01804-CFC-CJB, 173 in 1:19-cv-00567-CFC-CJB) Stipulation filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Signed by Judge Colm F. Connolly on 5/21/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
Filing 173 STIPULATION regarding Supplemental Briefing Schedule on Patent Eligibility by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Michael) |
Minute Entry for proceedings held before Judge Colm F. Connolly - Evidentiary Hearing held on 5/17/2021. (Court Reporter V. Gunning.) Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 172 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Response to Defendants' May 6, 2021 Letter - re (109 in 1:19-cv-01804-CFC-CJB, 166 in 1:19-cv-00567-CFC-CJB) Letter. (Farnan, Brian) |
SO ORDERED D.I. #169 MOTION for Pro Hac Vice Appearance of Attorney Felipe Corredor filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 5/14/2021. (dlb) |
Filing 171 NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Second Set of Requests for Production (Nos. 121-164) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
SO ORDERED D.I. #170 Stipulation amending scheduling order deadlines filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 5/13/2021. (dlb) |
Filing 170 STIPULATION and [Proposed] Order to Amend Second Scheduling Order re #121 Scheduling Order,, by Natera, Inc.. (Fahnestock, Derek) |
Filing 169 MOTION for Pro Hac Vice Appearance of Attorney Felipe Corredor - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) |
Filing 168 NOTICE OF SERVICE of Natera's Responses and Objections to Plaintiffs' Second Set of Requests for Production of Documents (No. 35) filed by Natera, Inc..(Fahnestock, Derek) |
Filing 167 NOTICE of Subpoenas to ThermoFisher Scientific, Inc. and Roche Sequencing Solutions, Inc. by Natera, Inc. (Fahnestock, Derek) |
Filing 166 Joint Letter to The Honorable Colm F. Connolly from Nathan R. Hoeschen and Derek J. Fahnestock regarding Response to CareDx's April 28, 2021 letter - re (107 in 1:19-cv-01804-CFC-CJB, 165 in 1:19-cv-00567-CFC-CJB) Letter. (Hoeschen, Nathan) |
Pro Hac Vice Attorney Kevin P.B. Johnson for Natera, 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. (kmd) |
Filing 165 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding May 17, 2021 Hearing. (Farnan, Brian) |
Filing 164 NOTICE of Subpoenas to Illumina, Inc. by Natera, Inc. (Fahnestock, Derek) |
Reset Hearings: The Evidentiary Hearing is rescheduled per request of counsel for 5/17/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 4/20/2021. (Court Reporter V. Gunning.) Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
ORAL ORDER: For the reasons stated during today's telephone call, Defendants' Motion for Certification of Direct Appeal (D.I. 122 in 1:19-cv-00567-CFC-CJB, D.I. 83 in 1:19-cv-01804-CFC-CJB) is DENIED. The Markman Hearing scheduled for April 30, 2021 is postponed. An evidentiary hearing to decide any factual underpinnings of a 35 U.S.C. 101 analysis will be held at 9:00 a.m. on May 5, 2021. ORDER, Setting Hearings: An Evidentiary Hearing is set for 5/5/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 4/20/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 163 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Claim Construction Meet and Confer. (Farnan, Brian) |
Remark: The 4/20/2021 Oral Argument is a public hearing. Having received a request to listen to this hearing from a member of the public, the call information is: Dial-In: 888-431-3632 Access Code: 6975928 Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 162 APPENDIX re #159 Joint Claim Construction Brief -- Appendix B Vol. 2 of 2 (B00394-B00811) -- by Natera, Inc.. (Fahnestock, Derek) |
Filing 161 APPENDIX re #159 Joint Claim Construction Brief -- Appendix B Vol. 1 of 2 (B00001-B00393) -- by Natera, Inc.. (Fahnestock, Derek) |
Filing 160 Joint APPENDIX re #158 Joint Claim Construction Brief by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Appendix A - Part 2, #2 Appendix C)(Farnan, Brian) |
Filing 159 JOINT CLAIM CONSTRUCTION BRIEF for U.S. Patent No. 10,597,724 filed by Natera, Inc.. (Fahnestock, Derek) |
Filing 158 JOINT CLAIM CONSTRUCTION BRIEF regarding U.S. Patent Nos. 8,703,652, 9,845,497, and 10,329,607 filed by The Board of Trustees of the Leland Stanford Junior University, CareDx, Inc.. (Farnan, Brian) |
Filing 157 NOTICE OF SERVICE of Plaintiffs' Third Set of Requests for Production of Documents (Nos. 36-73) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 156 REDACTED VERSION of #145 Letter, by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibits A-B)(Farnan, Brian) |
Filing 155 NOTICE of Subpoenas (Thomas M. Snyder) by Natera, Inc. (Fahnestock, Derek) |
Filing 154 NOTICE OF SERVICE of Natera's Second Set of Requests for Production (Nos. 121-164) filed by Natera, Inc..(Fahnestock, Derek) |
Filing 153 NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for Production of Documents (No. 35) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
ORAL ORDER: Oral argument on Defendants' Motion for Certification of Direct Appeal (122 in 1:19-cv-00567-CFC-CJB, 83 in 1:19-cv-01804-CFC-CJB) will be held at 10:00 a.m. on April 20, 2021. Each side will have seven minutes to make its argument. Counsel for Defendants shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 4/5/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 152 NOTICE OF SERVICE of Natera, Inc.'s Reply Claim Construction Brief filed by Natera, Inc..(Fahnestock, Derek) |
Filing 151 NOTICE OF SERVICE of Plaintiffs' Responsive Claim Construction Brief filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 150 SO ORDERED, re (149 in 1:19-cv-00567-CFC-CJB, 98 in 1:19-cv-01804-CFC-CJB) Stipulation to Amend Markman Dates filed by CareDx, Inc. The Board of Trustees of the Leland Stanford Junior University. Joint Claim Construction Brief due by 4/16/2021. See Stipulation for further details and deadlines. Signed by Judge Colm F. Connolly on 3/30/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
Filing 149 STIPULATION to Amend Markman Dates by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Michael) |
Filing 148 ORAL ORDER: The Court, having reviewed Plaintiffs' Motion for Expedited Relief, (D.I. #144 ), and the briefing related thereto, (D.I. 145; D.I. 147), hereby GRANTS-IN-PART Plaintiffs' Motion as follows. During the March 25, 2021 deposition of Dr. Christians in the instant action, Plaintiffs may use any portions of Dr. Christians' expert reports or deposition testimony from the Lanham Act case that discuss the subject matter set out in paragraph 135 of Dr. Christians' October 16, 2020 report. In the Court's view, Plaintiffs have sufficiently explained why the material in that paragraph is relevant to the instant action, (D.I. 145 at 1-2), and the Court cannot see how sharing material described in that paragraph in the instant action would harm Defendant from a confidentiality perspective. To the extent that Plaintiffs request to more broadly use any part of Dr. Christians expert reports or deposition testimony from the Lanham Act case beyond the subject matter set out in paragraph 135, however, the Court cannot grant such a request, as the Court cannot say that such material would be relevant to the instant action and/or would not harm Defendant from a confidentiality perspective. Ordered by Judge Christopher J. Burke on 3/24/2021. (mlc) |
Filing 147 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Opposing Request for Expedited Relief. (Attachments: #1 Exhibit 1)(Fahnestock, Derek) |
Filing 146 ORAL ORDER: The Court, having reviewed Plaintiffs' Motion for Expedited Relief, (D.I. 144), and accompanying letter, (D.I. 145), hereby ORDERS that by no later than March 23, 2021, Defendant shall file a responsive letter of no more than 2 single-spaced pages. Ordered by Judge Christopher J. Burke on 3/22/2021. (dlb) |
Filing 145 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Motion for Expedited Relief - re #144 MOTION for Expedited Relief Regarding Discovery Issue . (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian) |
Filing 144 MOTION for Expedited Relief Regarding Discovery Issue - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Motions referred to Christopher J. Burke.(Farnan, Brian) |
Filing 143 NOTICE OF SERVICE of CareDx Inc.'s First Supplemental Responses and Objections to First Set of Interrogatories filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 142 NOTICE OF SERVICE of Natera's First Supplemental Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-7) filed by Natera, Inc..(Fahnestock, Derek) |
Filing 141 NOTICE OF SERVICE of (1) Natera, Inc.'s Answering Claim Construction Brief, and (2) Declaration of Dr. Uwe Christians in Support of Defendant Natera's Answering Claim Construction Brief filed by Natera, Inc..(Fahnestock, Derek) |
Filing 140 NOTICE OF SERVICE of CareDx Inc.'s Responses and Objections to Second Set of Interrogatories (Nos. 11-16) filed by CareDx, Inc..(Farnan, Brian) |
Filing 139 NOTICE OF SERVICE of Natera, Inc.'s Opening Claim Construction Brief and Appendix filed by Natera, Inc..(Fahnestock, Derek) |
SO ORDERED, re (95 in 1:19-cv-01804-CFC-CJB, 138 in 1:19-cv-00567-CFC-CJB) Stipulation filed by Natera, Inc. Signed by Judge Colm F. Connolly on 2/12/2021. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
Filing 138 STIPULATION to Amend Markman Dates by Natera, Inc.. (Fahnestock, Derek) |
Filing 137 Letter to The Honorable Colm F. Connolly from Nathan R. Hoeschen regarding request for oral argument - re (122 in 1:19-cv-00567-CFC-CJB, 83 in 1:19-cv-01804-CFC-CJB) Joint REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals . (Hoeschen, Nathan) |
Filing 136 REPLY BRIEF re #122 Joint REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals filed by Natera, Inc.. (Hoeschen, Nathan) |
Filing 135 NOTICE OF SERVICE of Natera's Second Set of Interrogatories (Nos. 11-16) filed by Natera, Inc..(Fahnestock, Derek) |
Motions No Longer Referred: (134 in 1:19-cv-00567-CFC-CJB) MOTION for Claim Construction, (90 in 1:19-cv-01804-CFC-CJB) MOTION for Claim Construction, (133 in 1:19-cv-00567-CFC-CJB) MOTION for Claim Construction re (132) Claim Construction Chart, (91 in 1:19-cv-01804-CFC-CJB) MOTION for Claim Construction re (89) Claim Construction Chart. The automatic referrals generated by the system have been removed for these motions. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 134 MOTION for Claim Construction - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) Modified on 1/28/2021 (nmf). |
Filing 133 MOTION for Claim Construction re #132 Claim Construction Chart, - filed by Natera, Inc.(Fahnestock, Derek) Modified on 1/28/2021 (nmf). |
Filing 132 CLAIM Construction Chart by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit A - Agreed UponTerms, #2 Exhibit B - Disputed Terms, #3 Exhibit C - `652 Patent, #4 Exhibit D - `497 Patent, #5 Exhibit E - `607 Patent, #6 Exhibit F - `658 Patent, #7 Exhibit G - `724 Patent)(Farnan, Brian) |
Filing 131 DECLARATION re (87 in 1:19-cv-01804-CFC-CJB) Answering Brief in Opposition, (130 in 1:19-cv-00567-CFC-CJB) Answering Brief in Opposition, of Edward R. Reines by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit 1)(Farnan, Brian) |
Filing 130 ANSWERING BRIEF in Opposition re #122 Joint REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.Reply Brief due date per Local Rules is 2/3/2021. (Farnan, Brian) |
Filing 129 NOTICE OF SERVICE of Natera's Identification of Terms/Phrases for Construction and Proposed Constructions filed by Natera, Inc..(Fahnestock, Derek) |
Filing 128 NOTICE OF SERVICE of CareDx Inc.'s Proposed Claim Terms for Construction filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 127 NOTICE OF SERVICE of (i) CareDx Inc.'s Responses and Objections to First Set of Interrogatories (Nos. 1-10) and (ii) Plaintiffs' Responses and Objections to First Set of Requests for Production (Nos. 1-120) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 126 NOTICE OF SERVICE of Natera's Responses and Objections to Plaintiffs' Second Set of Interrogatories (Nos. 8-11) filed by Natera, Inc..(Fahnestock, Derek) |
Filing 125 NOTICE OF SERVICE of Natera, Inc.'s Initial Invalidity Contentions filed by Natera, Inc..(Fahnestock, Derek) |
Filing 124 NOTICE OF SERVICE of Plaintiffs' Initial Invalidity Contentions filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 123 OPENING BRIEF in Support re #122 Joint REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 1/27/2021. (Attachments: #1 Exhibit A)(Hoeschen, Nathan) |
Filing 122 Joint REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals - filed by Eurofins Viracor, Inc.. (Attachments: #1 Text of Proposed Order)(Hoeschen, Nathan) |
Filing 121 Amended SCHEDULING ORDER: Joinder of Parties due by 6/9/2021. Amended Pleadings due by 6/9/2021. Discovery due by 7/14/2021. Status Report due by 7/21/2021. Dispositive Motions due by 12/2/2021. A Markman Hearing is set for 4/30/2021 at 09:00 AM before Judge Colm F. Connolly. A Pretrial Conference is set for 4/12/2022 at 03:00 PM before Judge Colm F. Connolly. A Jury Trial is set for 4/25/2022 at 09:00 AM before Judge Colm F. Connolly. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/12/2021. (dlb) |
Filing 120 PROPOSED ORDER Proposed Second Scheduling Order by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Brian) |
Filing 119 ORAL ORDER: The Court, having reviewed the parties' proposed Second Scheduling Order and accompanying letter, (D.I. 118), hereby ORDERS as follows: (1) Plaintiffs' request that the case be consolidated with 19-1804-CFC-CJB for all pretrial purposes is DENIED for the reasons set out by Defendant. (Id., ex. 1 at 3) Nevertheless, the parties shall work together to coordinate discovery (including the scheduling of depositions of witnesses overlapping the two cases), briefing, and hearings where reasonable.; (2) Defendant's proposal for the general timeframe of the pretrial conference and trial is ADOPTED.; and (3) By no later than January 11, 2021, the parties shall submit an amended proposed Second Scheduling Order setting the Markman hearing for April 30, 2021 at 9:00 a.m., the pretrial conference for April 12, 2022 at 3:00 p.m., and trial for April 25, 2022. The parties shall fill in other dates and deadlines accordingly, with the deadlines for briefing on case-dispositive motions adhering to the Local Rules. Ordered by Judge Christopher J. Burke on 1/7/2021. (dlb) |
Filing 118 PROPOSED ORDER Proposed Scheduling Order by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Brian) |
Filing 117 STIPULATION TO EXTEND TIME for the parties to submit proposed revised Scheduling Orders to December 14, 2020 - filed by Natera, Inc.. (Fahnestock, Derek) |
SO ORDERED D.I. #117 STIPULATION TO EXTEND TIME for the parties to submit proposed revised Scheduling Orders to December 14, 2020 filed by Natera, Inc.. Ordered by Judge Christopher J. Burke on 12/11/2020. (dlb) |
Filing 116 ORAL ORDER: In light of the District Court's denial of Defendant's Motion for Summary Judgment of Invalidity, (D.I. 115), the Court hereby ORDERS the parties to meet and confer and submit a proposed revised Scheduling Order by no later than December 11, 2020, which is consistent with paragraphs 1-10 (except paragraph (8)(f)) and paragraphs 15-16 of Judge Burke's "Rule 16 Scheduling Order - Patent" -- i.e., regarding the portions of the case schedule leading up to but not including claim construction or the case dispositive motion stage of the case, and that is consistent with paragraphs 15-27 of Judge Connolly's "Patent Case Scheduling Order In Cases Where Infringement is Alleged" -- i.e., regarding the portions of the case schedule from claim construction and the case dispositive motion stage through trial.. Signed by Judge Christopher J. Burke on 12/4/2020. (dlb) |
Filing 115 MEMORANDUM ORDER denying #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 filed by Natera, Inc. Signed by Judge Colm F. Connolly on 12/1/2020. (nmf) |
Filing 114 Joint Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock and Nathan R. Hoeschen regarding Response to CareDx's November 4, 2020 Letter - re (74 in 1:19-cv-01804-CFC-CJB, 113 in 1:19-cv-00567-CFC-CJB) Letter. (Fahnestock, Derek) |
Filing 113 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Request for Teleconference Concerning Lifting Stay. (Farnan, Brian) |
Filing 112 RESPONSE to Motion re #111 MOTION for Leave to File Surreply to Defendants' Motion for Summary Judgment of Invalidity under 35 U.S.C. 101 filed by Natera, Inc.. (Attachments: #1 Certificate of Compliance)(Hoeschen, Nathan) |
Motions No Longer Referred: (111 in 1:19-cv-00567-CFC-CJB, 72 in 1:19-cv-01804-CFC-CJB) MOTION for Leave to File Surreply to Defendants' Motion for Summary Judgment of Invalidity under 35 U.S.C. 101 Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
Filing 111 MOTION for Leave to File Surreply to Defendants' Motion for Summary Judgment of Invalidity under 35 U.S.C. 101 - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit A, #2 Rule 7.1.1 Certification, #3 Text of Proposed Order)(Farnan, Brian) Modified on 8/29/2020 (fms). |
Filing 110 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Request for Oral Argument - re #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101. (Fahnestock, Derek) |
Filing 109 REQUEST for Oral Argument by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University re #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101. (Farnan, Brian) |
Filing 108 STATEMENT re #107 Reply Brief, #104 Statement, Natera, Inc.'s Responses to Caredx, Inc.'s Additional Material Facts in Support of Natera, Inc.'s Reply in Support of Motion for Summary Judgment of Invalidity Under 35 U.S.C. 101 by Natera, Inc.. (Fahnestock, Derek) |
Filing 107 REPLY BRIEF re #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 filed by Natera, Inc.. (Attachments: #1 Appendix F)(Fahnestock, Derek) |
SO ORDERED, re (66 in 1:19-cv-01804-CFC-CJB, 106 in 1:19-cv-00567-CFC-CJB) STIPULATION TO EXTEND TIME for Natera and Eurofins to File Their Replies in Support of Their Motions for Summary Judgment to August 7, 2020 filed by Natera, Inc. Ordered by Judge Colm F. Connolly on 8/3/2020. Associated Cases: 1:19-cv-01804-CFC-CJB, 1:19-cv-00567-CFC-CJB(fms) |
Filing 106 STIPULATION TO EXTEND TIME for Natera and Eurofins to File Their Replies in Support of Their Motions for Summary Judgment to August 7, 2020 - filed by Natera, Inc.. (Fahnestock, Derek) |
Filing 105 NOTICE of Withdrawal of Counsel by Natera, Inc. (Blumenfeld, Jack) |
Filing 104 STATEMENT Plaintiffs' Responsive Concise Statement of Disputed Material Facts in Opposition to Defendants' Motion for Summary Judgment of Invalidity under 35 U.S.C. 101 by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Appendix C - Volume 1 of 3, #2 Appendix C - Volume 2 of 3, #3 Appendix C - Volume 3 of 3, #4 Appendix D, #5 Appendix E)(Farnan, Brian) |
Filing 103 ANSWERING BRIEF in Opposition re #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.Reply Brief due date per Local Rules is 7/16/2020. (Farnan, Brian) |
Filing 102 STATEMENT re #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 by Natera, Inc.. (Attachments: #1 Appendix A, #2 Appendix B - Part 1, #3 Appendix B - Part 2, #4 Appendix B - Part 3)(Fahnestock, Derek) |
Filing 101 OPENING BRIEF in Support re #100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 6/25/2020. (Fahnestock, Derek) |
Filing 100 MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 - filed by Natera, Inc.. (Attachments: #1 Exhibit A)(Fahnestock, Derek) |
SO ORDERED, re (99 in 1:19-cv-00567-CFC-CJB, 60 in 1:19-cv-01804-CFC-CJB) Stipulation Regarding Summary Judgment filed by Natera, Inc. (See Stipulation for deadlines). Ordered by Judge Colm F. Connolly on 5/15/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
Filing 99 Joint STIPULATION Regarding Summary Judgment Briefing Schedule by Natera, Inc.. (Fahnestock, Derek) |
ORAL ORDER: The Court has read the parties' joint submission (D.I. #59 ) and will adopt the dates proposed by Defendants. Defendants shall file a proposed stipulation and order to that effect for the Court's signature on or before May 15, 2020. Ordered by Judge Colm F. Connolly on 5/12/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 98 Joint STATEMENT Regarding Summary Judgment Briefing Schedule by CareDx, Inc.. (Farnan, Brian) |
Filing 97 NOTICE of Withdrawal of Motion to Dismiss by Natera, Inc. re #86 MOTION to Dismiss for Failure to State a Claim (Fahnestock, Derek) |
Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 4/30/2020. (Court Reporter V. Gunning.) Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
ORAL ORDER: Assuming that Defendant Natera withdraws its pending motion to dismiss (D.I. #86 ), IT IS HEREBY ORDERED that the current scheduling order is stayed and that on or before May 8, 2020, the parties shall submit an agreed upon schedule for expert discovery and summary judgment motion practice regarding section 101 for this case and Civil Action No. 19-1804-CFC-CJB. ORDERED by Judge Colm F. Connolly on 4/30/2020. (nmf) |
Filing 96 ANSWER to #85 Answer to Amended Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek) |
Filing 95 ORAL ORDER: As a result of the teleconference in 19-662 CFC-CJB, which included discussion of 19-567(consol.) CFC-CJB, counsel shall advise in either joint or separate emails to Ms. Kennedy and me when they believe mediation in either of these matters would be appropriate. Ordered by Judge Mary Pat Thynge on 4/27/20. Associated Cases: 1:19-cv-00662-CFC-CJB, 1:19-cv-00567-CFC-CJB(cak) |
ORAL ORDER Setting Telephonic Scheduling Conference: Both cases will now be discussed during the Scheduling Conference on 4/30/2020 at 10:00 AM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 4/27/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 94 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Request to Attend April 30, 2020 Scheduling Teleconference. (Fahnestock, Derek) |
Filing 93 NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories (Nos. 8-11) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 92 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff to respond to Natera, Inc.'s Motion to Dismiss and (ii) Defendant's Reply to (i) 5/4/2020 and (ii) 5/18/2020 - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) |
SO ORDERED, re (91 in 1:19-cv-00567-CFC-CJB, 54 in 1:19-cv-01804-CFC-CJB) STIPULATION TO EXTEND TIME to Exchange Claim Terms to be Construed and Proposed Constructions to May 11, 2020 filed by Natera, Inc. Ordered by Judge Colm F. Connolly on 4/23/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(fms) |
SO ORDERED, re #92 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff to respond to Natera, Inc.'s Motion to Dismiss and (ii) Defendant's Reply to (i) 5/4/2020 and (ii) 5/18/2020 filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University, Set Briefing Schedule: re #86 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 5/4/2020., Reply Brief due 5/18/2020.). Signed by Judge Colm F. Connolly on 4/23/2020. (fms) |
Filing 91 STIPULATION TO EXTEND TIME to Exchange Claim Terms to be Construed and Proposed Constructions to May 11, 2020 - filed by Natera, Inc.. (Fahnestock, Derek) |
ORAL ORDER: Defendant is directed to review the Court's order issued today in 19-1804 (D.I. 53). Ordered by Judge Colm F. Connolly on 4/21/2020. (nmf) |
Filing 90 NOTICE requesting Clerk to remove Charles K. Verhoeven as co-counsel.. (Fahnestock, Derek) |
Filing 89 NOTICE OF SERVICE of (1) Defendant Natera, Inc.'s Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1); and (2) Natera, Inc.'s Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Natera, Inc..(Fahnestock, Derek) |
Filing 88 DECLARATION re #86 MOTION to Dismiss for Failure to State a Claim -- Declaration of Sandra L. Haberny -- by Natera, Inc.. (Attachments: #1 Exhibits A-G)(Fahnestock, Derek) |
Filing 87 OPENING BRIEF in Support re #86 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 4/23/2020. (Fahnestock, Derek) |
Filing 86 MOTION to Dismiss for Failure to State a Claim - filed by Natera, Inc.. (Fahnestock, Derek) |
Filing 85 ANSWER to Amended Complaint, re: #80 Amended Complaint with Jury Demand , COUNTERCLAIM against Natera, Inc. by CareDx, Inc..(Farnan, Brian) |
Filing 84 NOTICE OF SERVICE of Natera, Inc.'s Supplemental Identification of Accused Products, Asserted Patents, and Damages Model filed by Natera, Inc..(Fahnestock, Derek) |
Filing 83 NOTICE OF SERVICE of Natera, Inc.'s Initial Infringement Contentions filed by Natera, Inc..(Fahnestock, Derek) |
Filing 82 NOTICE OF SERVICE of Initial Claim Chart filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
SO ORDERED D.I. #77 MOTION for Pro Hac Vice Appearance of Attorney Kevin P.B. Johnson filed by Natera, Inc.. Ordered by Judge Christopher J. Burke on 3/27/2020. (dlb) |
Filing 81 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s): 10,526,658 B2 ; 10,597,724 . (Blumenfeld, Jack) |
Filing 80 First AMENDED COMPLAINT against Natera, Inc.- filed by Natera, Inc.. (Attachments: #1 Exhibits A-L)(Blumenfeld, Jack) |
Filing 79 STIPULATION TO EXTEND TIME of Certain Markman Deadlines to Various Dates - filed by Natera, Inc.. (Fahnestock, Derek) |
SO ORDERED, re (48 in 1:19-cv-01804-CFC-CJB, 79 in 1:19-cv-00567-CFC-CJB) STIPULATION TO EXTEND TIME of Certain Markman Deadlines to Various Dates filed by Natera, Inc. Signed by Judge Colm F. Connolly on 3/25/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
SO ORDERED D.I. #78 STIPULATION TO EXTEND TIME of Various Deadlines to Various Dates filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 3/23/2020. (dlb) |
Filing 78 STIPULATION TO EXTEND TIME of Various Deadlines to Various Dates - filed by Natera, Inc.. (Fahnestock, Derek) |
Filing 77 MOTION for Pro Hac Vice Appearance of Attorney Kevin P.B. Johnson - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) |
Filing 76 ORDER denying as moot #21 Motion for Leave to File; vacating #53 Report and Recommendations.; denying as moot without prejudice #9 Motion to Dismiss. Natera is free to file a motion to dismiss the First Amended Complaint. The referral to the Magistrate Judge is withdrawn as to any motion to dismiss based on a failure to claim patentable subject matter under 35 U.S.C. 101. Signed by Judge Colm F. Connolly on 3/13/2020. (nmf) |
Filing 75 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,845,497 B2 ;US 8,703,652 B2 ;US 10,329,607 B2 . (Farnan, Michael) |
Filing 74 AMENDED COMPLAINT against Natera, Inc.- filed by The Board of Trustees of the Leland Stanford Junior University, CareDx, 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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Farnan, Michael) |
SO ORDERED D.I. #71 Stipulation to File First Amended Complaint filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Ordered by Judge Christopher J. Burke on 3/11/2020. (dlb) |
Filing 73 NOTICE OF SERVICE of (1) Natera's First Set of Interrogatories (Nos. 1-10) and (2) Natera's First Set of Requests for Production (Nos. 1-120) filed by Natera, Inc..(Fahnestock, Derek) |
Filing 72 Letter to The Honorable Colm F. Connolly from Nathan R. Hoeschen regarding Request for Oral Argument - re (37 in 1:19-cv-01804-CFC-CJB) Objections, (63 in 1:19-cv-00567-CFC-CJB) Objection to Report and Recommendations. (Hoeschen, Nathan) |
Filing 71 STIPULATION to File First Amended Complaint by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Michael) |
Filing 70 ORDER: The referral to Magistrate Judge Christopher J. Burke under 28 U.S.C. 636(b) is withdrawn as to claim construction only. The case remains referred to Magistrate Judge Burke for all other pretrial matters up to and including expert discovery matters (but not summary judgment motions, Daubert motions, or pre-trial motions in limine ). The parties shall comply with the claim construction procedures and briefing requirements set forth in Judge Connolly's patent form scheduling order on his website. ORDER SETTING SCHEDULING ORDER DEADLINES: Joint Claim Construction Brief due by 8/17/2020., A Markman Hearing is set for 9/15/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 3/6/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(nmf) |
Filing 69 ANSWER to Complaint with Jury Demand by CareDx, Inc..(Farnan, Brian) |
Filing 68 RESPONSE TO OBJECTIONS by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University re (37 in 1:19-cv-01804-CFC-CJB) Objections, (63 in 1:19-cv-00567-CFC-CJB) Objection to Report and Recommendations . (Farnan, Brian) |
Filing 67 NOTICE OF SERVICE of (1) Natera's Responses and Objections to Plaintiffs' First Set of Requests for Production (Nos. 1-34), (2) Natera's Responses and Objections to Plaintiffs' First Set of Interrogatories (Nos. 1-7) and (3) Natera, Inc.'s Production of Core Technical Documents filed by Natera, Inc..(Raucci, Anthony) |
Filing 66 Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 2/28/2020. (dlb) |
Filing 65 PROPOSED ORDER [/Proposed] Protective Order by Natera, Inc.. (Fahnestock, Derek) |
Filing 64 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Courtesy Copies of Docket Items Associated with Objections to Report and Recommendation - re #53 REPORT AND RECOMMENDATIONS re (21 in 1:19-cv-00567-CFC-CJB) MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University, (6 i. (Fahnestock, Derek) |
Filing 63 OBJECTION to #53 Report and Recommendations by Natera, Inc.. (Attachments: #1 Exhibit A)(Fahnestock, Derek) |
Filing 62 ORAL ORDER: The Court, having reviewed the parties' motion for a teleconference to resolve a protective order dispute, (D.I. 57 in Civil Action No. 19-567-CFC-CJB; D.I. 51 in Civil Action No. 19-662-CFC-CJB), and the briefing related thereto, (D.I. 58 & D.I. 59 in Civil Action No. 19-567-CFC-CJB; D.I. 52 & D.I. 56 in Civil Action No. 19-662-CFC-CJB), hereby ORDERS that Defendant's proposal is ADOPTED. The Court so concludes for the reasons set out by Defendant in its letter, particularly in that while the cases share some commonalities of fact, they have plenty of differences too (such that plenty of material that may be relevant in one case will not be relevant in the other), as the cases "involve distinct legal claims arising out of [largely] distinct events[.]" (D.I. 59 at 2 in Civil Action No. 19-567-CFC-CJB; D.I. 56 at 2 in Civil Action No. 19-662-CFC-CJB) Today's teleconference is hereby CANCELLED. The parties shall file a final proposed protective order by February 28, 2020. Ordered by Judge Christopher J. Burke on 2/24/2020. Associated Cases: 1:19-cv-00662-CFC-CJB, 1:19-cv-00567-CFC-CJB(dlb) |
Filing 61 NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 60 NOTICE OF SERVICE of Natera, Inc.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Natera, Inc..(Fahnestock, Derek) |
Filing 59 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Protective Order Dispute - re (58 in 1:19-cv-00567-CFC-CJB, 52 in 1:19-cv-00662-CFC-CJB) Letter. (Attachments: #1 Exhibit A)(Fahnestock, Derek) |
Filing 58 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Protective Order Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Michael) |
Filing 57 MOTION for Teleconference to Resolve Protective Order Dispute - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Motions referred to Christopher J. Burke.(Farnan, Michael) |
Filing 56 NOTICE OF SERVICE of Defendant Natera, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Natera, Inc..(Fahnestock, Derek) |
Filing 55 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to FRCP 26(a)(1)(A) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 54 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' February 6, 2020 and February 7, 2020 letters requesting a discovery teleconference regarding 1 discovery dispute. (D.I. (46 in 1:19-cv-00662-CFC-CJB), D.I. (51 in 1:19-cv-00567-CFC-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Orders, (C.A. No. 19-567-CFC-CJB, D.I. 45; C.A. No. 19-662-CFC-CJB, D.I. 37), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 2/24/2020 at 01:00 PM before Judge Christopher J. Burke. (3) By no later than February 14, 2020, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than February 19, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 2/11/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-00662-CFC-CJB(mlc) |
Filing 53 REPORT AND RECOMMENDATIONS recommending DENYING D.I. (21 in 1:19-cv-00567-CFC-CJB) MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University, (6 in 1:19-cv-01804-CFC-CJB) MOTION to Dismiss Based upon U.S. Patent No. 8,703,652 is Invalid Under 35 U.S.C. 101 filed by Eurofins Viracor, Inc., (9 in 1:19-cv-00567-CFC-CJB) MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 2/24/2020. Signed by Judge Christopher J. Burke on 2/10/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(mlc) |
Filing 52 ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 4/27/2020 at 11:30 AM Eastern Time with Judge Mary Pat Thynge to discuss the status of the case and future mediation. Ordered by Judge Mary Pat Thynge on 2/10/20. Associated Cases: 1:19-cv-00662-CFC-CJB, 1:19-cv-00567-CFC-CJB(cak) |
Filing 51 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Dispute Conference. (Farnan, Michael) |
Filing 50 NOTICE OF SERVICE of Natera Inc.'s Identification of Accused Products, Asserted Patents, and Damages Model filed by Natera, Inc..(Fahnestock, Derek) |
SO ORDERED D.I. (9 in 1:20-cv-00038-CFC-CJB, 49 in 1:19-cv-00567-CFC-CJB) Stipulation regarding case consolidation filed by Natera, Inc.. Signed by Judge Christopher J. Burke on 2/4/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:20-cv-00038-CFC-CJB(dlb) |
Remark: Civil actions 19-567-CFC-CJB and 20-038-CFC-CJB have been consolidated. Civil action 19-567-CFC-CJB has been designated as the lead case. All documents shall be filed in the lead case only. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:20-cv-00038-CFC-CJB(dlb) |
Filing 49 STIPULATION and Order Regarding Case Consolidation by Natera, Inc.. (Blumenfeld, Jack) |
Filing 48 NOTICE OF SERVICE of (i) Plaintiffs' First Set of Interrogatories (Nos. 1-7) and (ii) Plaintiffs' First Set of Requests for Production of Documents (Nos. 1-34) filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 47 Official Transcript of hearing held on November 21, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. 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 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020. (vjg) |
Filing 46 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Tuesday, February 11, 2020, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 1/28/20. (cak) |
CORRECTING ENTRY: DI 47 was removed from the docket since it was duplicative of DI 46 (cak) |
Filing 45 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 11/20/2020. Amended Pleadings due by 11/20/2020. Discovery due by 12/18/2020. Opening Expert Reports due by 1/29/2021. Rebuttal Expert Reports due by 2/26/2021. Expert Discovery due by 4/16/2021. Status Report due by 1/8/2021. Dispositive Motions due by 5/14/2021. Claim Construction Opening Brief due by 7/1/2020. Claim Construction Answering Brief due by 7/29/2020. Claim Construction Reply Brief due by 8/19/2020. A Markman Hearing is set for 9/16/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 10/8/2021 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 11/8/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/24/2020. (dlb) |
CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
Filing 44 PROPOSED ORDER Proposed Scheduling Order by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Brian) |
CORRECTING ENTRY: D.I. 44 NOTICE OF SERVICE filed 1/21/20 has been removed from the docket at the request of the filer. (dlb) |
Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling teleconference held on 1/21/2020. The Court resolved the parties' disputes and provided key dates. Counsel for Plaintiffs shall submit a revised proposed scheduling order by no later than close of business on January 24, 2020. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, D. Walter, S. Bosco for Plaintiffs; J. Blumenfeld, D. Fahnestock, C. Verhoeven, S. Haberny for Defendant Natera, Inc.; K. Keller, D. Woo, J. Jefferson for Defendant Eurofins Viracor, Inc. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(mlc) |
Filing 43 NOTICE OF SERVICE of Plaintiffs' Identification of Accused Products, Asserted Patents, and Damages Model filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.(Farnan, Brian) |
Filing 42 ORAL ORDER: The Court, having reviewed the parties' January 2, 2020 letter regarding the proposed scheduling order, (D.I. (40 in 1:19-cv-00567-CFC-CJB, D.I. 19 in 1:19-cv-01804-CFC-CJB)), hereby ORDERS that with respect to the parties' second dispute ("Natera's and Eurofins' Request That Discovery Be Suspended Until Resolution Of Their Motions To Dismiss"), the Court DENIES Defendants' request. The Court's current inclination, after reviewing the briefing and hearing oral argument, is that it will likely recommend that the motions be denied without prejudice to renew at summary judgment, and so a stay at this time does not make sense. Accordingly, the Court need not hear argument with respect to this dispute during the January 21, 2020 telephonic case management/scheduling conference.Ordered by Judge Christopher J. Burke on 1/8/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(mlc) |
Filing 41 Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 1/21/2020 at 04:00 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 1/6/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-01804-CFC-CJB(dlb) |
Filing 40 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Proposed Scheduling Order and Checklist. (Attachments: #1 Proposed Scheduling Order, #2 Checklist)(Farnan, Brian) |
SO ORDERED D.I. #39 STIPULATION TO EXTEND TIME to File Scheduling Order Submission to January 2, 2020 filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Ordered by Judge Christopher J. Burke on 12/27/2019. (dlb) |
Filing 39 STIPULATION TO EXTEND TIME to File Scheduling Order Submission to January 2, 2020 - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) |
Filing 38 ORDER ADOPTING #36 REPORT AND RECOMMENDATIONS re: #9 Motion to Dismiss for Failure to State a Claim filed by Natera, Inc. Defendant's #9 Motion to Dismiss is denied as to Natera's second argument as outlined in the Report and Recommendation. Signed by Judge Colm F. Connolly on 12/10/2019. (nmf) |
Filing 37 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 19-25 of Judge Connolly's "Patent Case Form Scheduling Order for Cases Where Infringement is Alleged" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through trial); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Connolly's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 11/25/2019. Associated Cases: 1:19-cv-01804-CFC-CJB, 1:19-cv-00567-CFC-CJB(dlb) |
Filing 36 REPORT AND RECOMMENDATION regarding D.I. #9 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 12/9/2019. Signed by Judge Christopher J. Burke on 11/25/2019. (mlc) |
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke. IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings In this action shall be captioned as follows: Civil Action No. 19-567-CFC-CJB. Ordered by Judge Colm F. Connolly on 11/25/2019. (nmf) |
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 11/21/2019 regarding D.I. (6 in 1:19-cv-01804-CFC) MOTION to Dismiss Based upon U.S. Patent No. 8,703,652 is Invalid Under 35 U.S.C. 101 filed by Eurofins Viracor, Inc., D.I. (9 in 1:19-cv-00567-CFC) MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc. The Court took the motions under advisement and will issue an opinion. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, S. Bosco for Plaintiffs; J. Blumenfeld, C. Verhoeven, S. Haberny, D. Fahnestock for Defendant Natera, Inc.: K. Keller, D. Woo, J. Downs for Defendant Eurofins Viracor, Inc. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-01804-CFC(mlc) |
Filing 35 ORAL ORDER Setting Hearing on pending motions: A Motion Hearing is set for 11/21/2019 at 2:00 PM in Courtroom 2A before Judge Christopher J. Burke. The Court will hear argument on both pending motions to dismiss, (Civil Action No. 19-567, D.I. 9; Civil Action No. 19-1804, D.I. 6). The Court has allocated 2 and a half hours for argument, to be split evenly between the sides. Ordered by Judge Christopher J. Burke on 10/29/2019. Associated Cases: 1:19-cv-01804-CFC, 1:19-cv-00567-CFC(dlb) |
Filing 34 ORAL ORDER Resetting Hearing on Motion D.I. #9 MOTION to Dismiss for Failure to State a Claim : At the request of counsel, the 11/20/2019 hearing regarding the Section 101 Motion to Dismiss, (D.I. 9), is rescheduled for 11/21/2019 at 02:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 10/28/2019. (mlc) |
Filing 33 ORAL ORDER Setting Hearing on Motion (9 in 1:19-cv-00567-CFC) MOTION to Dismiss for Failure to State a Claim : The Court, having reviewed the parties' and Eurofins Viracor, Inc.'s recent letters to Judge Connolly, (Civil Action No. 19-567, D.I. 28-32), HEREBY ORDERS that the oral argument scheduled for October 30, 2019 on the Section 101 motion to dismiss, (Civil Action No. 19-567, D.I. 9), is rescheduled for 11/20/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. The Court anticipates that if the Section 101 motion to dismiss filed in related Civil Action No. 19-1804, (Civil Action No. 19-1804, D.I. 6), is hereafter referred to the Court, it will then include argument on that motion in the November 20, 2019 hearing. The Court takes this action because it will be most efficient for it to hear argument regarding the eligibility of the same asserted patent during one combined hearing. However, unless the parties jointly request otherwise by October 25, 2019, the Court will still hear argument on the motion to dismiss filed in Civil Action No. 19-662, (Civil Action No. 19-662, D.I. 8), on October 30, 2019 at 11:00 am in Courtroom 2A. Each side is allocated 45 minutes for argument on that motion. Ordered by Judge Christopher J. Burke on 10/22/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(mlc) |
Filing 32 Letter to The Honorable Colm F. Connolly from Karen E. Keller - re (10 in 1:19-cv-01804-CFC) Letter. (Keller, Karen) |
Filing 31 Letter to The Honorable Colm F. Connolly from Karen E. Keller regarding Reply to Plaintiffs' October 21, 2019 Letter - re (9 in 1:19-cv-01804-CFC, 29 in 1:19-cv-00567-CFC) Letter. (Keller, Karen) |
Filing 30 Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding Eurofins Viracor, Inc.s October 18, 2019 Letter - re (8 in 1:19-cv-01804-CFC, 28 in 1:19-cv-00567-CFC) Letter. (Blumenfeld, Jack) |
Filing 29 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Response to Eurofins Viracor, Inc.'s October 18, 2019 Letter - re (8 in 1:19-cv-01804-CFC, 28 in 1:19-cv-00567-CFC) Letter. (Farnan, Brian) |
Filing 28 Letter to The Honorable Colm F. Connolly from Karen E. Keller regarding Request for Status Conference. (Keller, Karen) |
Filing 27 STATEMENT re #25 Notice (Other) -- Citation of Supplemental Authority and Response to CareDX's Notice -- by Natera, Inc.. (Attachments: #1 Exhlbit A)(Blumenfeld, Jack) |
Filing 26 ORAL ORDER Setting Hearing on Motion D.I. (9 in 1:19-cv-00567-CFC) MOTION to Dismiss for Failure to State a Claim , D.I. (8 in 1:19-cv-00662-CFC) MOTION to Dismiss for Failure to State a Claim : A Motion Hearing is set for 10/30/2019 at 11:00 AM in Courtroom 6B before Judge Christopher J. Burke. Each side is allocated 1 hour for argument. Ordered by Judge Christopher J. Burke on 8/27/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(mlc) |
Filing 25 NOTICE of Subsequent Authority by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University (Farnan, Brian) |
Filing 24 ORDER REFERRING MOTIONS: #21 MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University, #9 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc. Signed by Judge Colm F. Connolly on 7/30/2019. Motions referred to Magistrate Judge Christopher J. Burke.(nmf) |
Filing 23 REPLY BRIEF re #21 MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) |
Filing 22 RESPONSE to Motion re #21 MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by Natera, Inc.. (Raucci, Anthony) |
Filing 21 MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Farnan, Brian) |
Filing 20 REQUEST for Oral Argument by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University re #9 MOTION to Dismiss for Failure to State a Claim . (Farnan, Brian) |
Filing 19 REPLY BRIEF re #9 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc.. (Fahnestock, Derek) |
Pro Hac Vice Attorney Stephen Bosco for CareDx, Inc., for The Board of Trustees of the Leland Stanford Junior University 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. (myr) |
Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Stephen Bosco - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) |
SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Stephen Bosco filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Signed by Judge Colm F. Connolly on 6/12/2019. (fms) |
Filing 17 DECLARATION re #15 Answering Brief in Opposition, of Dr. Henry Furneaux by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Attachment 1)(Farnan, Brian) |
Filing 16 DECLARATION re #15 Answering Brief in Opposition, of Derek C. Walter by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Farnan, Brian) |
Filing 15 ANSWERING BRIEF in Opposition re #9 MOTION to Dismiss for Failure to State a Claim filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University.Reply Brief due date per Local Rules is 6/17/2019. (Attachments: #1 Appendix A)(Farnan, Brian) |
SO ORDERED, re (14 in 1:19-cv-00567-CFC, 12 in 1:19-cv-00662-CFC) MOTION for Pro Hac Vice Appearance of Attorney Miles Freeman filed by Natera, Inc. Signed by Judge Colm F. Connolly on 6/4/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(fms) |
Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Miles Freeman - filed by Natera, Inc.. (Raucci, Anthony) |
SO ORDERED, re #13 STIPULATION TO EXTEND TIME. The time for Plaintiffs to respond to Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Motion) (D.I. 9) is extended to June 13, 2019 and that Defendant shall have one extra week to file its reply brief in support of the Motion after Plaintiff files its response. Set Briefing Schedule: re #9 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 6/13/2019.). Signed by Judge Colm F. Connolly on 5/31/2019. (fms) |
Filing 13 STIPULATION TO EXTEND TIME (i) for Plaintiffs to respond to Defendant's Motion to Dismiss and (ii) for Defendant to file its Reply Brief to (i) 6/13/2019 and (ii) one extra week - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Michael) |
Pro Hac Vice Attorneys Charles K. Verhoeven and Carl G. Anderson for Natera, 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. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(ddp) |
Pro Hac Vice Attorney Andrew M. Holmes, Sandra L. Haberny for Natera, 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. (myr) |
Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Natera, Inc.. (Fahnestock, Derek) |
Filing 11 DECLARATION re #9 MOTION to Dismiss for Failure to State a Claim of Sandra L. Haberny by Natera, Inc.. (Attachments: #1 Exhibits A-H)(Fahnestock, Derek) |
Filing 10 OPENING BRIEF in Support re #9 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 5/30/2019. (Fahnestock, Derek) |
Filing 9 MOTION to Dismiss for Failure to State a Claim - filed by Natera, Inc.. (Fahnestock, Derek) |
SO ORDERED, re (8 in 1:19-cv-00567-CFC, 7 in 1:19-cv-00662-CFC) MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Holmes, Charles K. Verhoeven, Carl G. Anderson and Sandra Haberny of QUINN EMANUEL URQUHART & SULLIVAN, LLP filed by Natera, Inc. Signed by Judge Colm F. Connolly on 5/9/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(fms) |
Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Holmes, Charles K. Verhoeven, Carl G. Anderson and Sandra Haberny of QUINN EMANUEL URQUHART & SULLIVAN, LLP - filed by Natera, Inc.. (Blumenfeld, Jack) |
Filing 7 NOTICE of Appearance by Jack B. Blumenfeld on behalf of Natera, Inc. (Blumenfeld, Jack) |
Pro Hac Vice Attorneys Derek C. Walter and Edward R. Reines for CareDx, Inc. and The Board of Trustees of the Leland Stanford Junior University 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. (ddp) |
Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Farnan, Brian) |
SO ORDERED, re #5 MOTION for Extension of Time to Respond to Complaint [UNOPPOSED] filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Set/Reset Answer Deadlines: Natera, Inc. answer due 5/16/2019. Signed by Judge Colm F. Connolly on 3/29/2019. (fms) |
SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Signed by Judge Colm F. Connolly on 3/29/2019. (fms) |
Filing 5 MOTION for Extension of Time to Respond to Complaint [UNOPPOSED] - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. (Attachments: #1 Text of Proposed Order)(Farnan, Michael) |
Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
Filing 4 SUMMONS Returned Executed by The Board of Trustees of the Leland Stanford Junior University, CareDx, Inc.. Natera, Inc. served on 3/26/2019, answer due 4/16/2019. (Farnan, Michael) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,845,497 B2 ;US 8,703,652 B2. (ddp) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ddp) |
Filing 1 COMPLAINT filed with Jury Demand against Natera, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2603660.) - filed by The Board of Trustees of the Leland Stanford Junior University, CareDx, 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, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet)(ddp) |
Summons Issued with Magistrate Consent Notice attached as to Natera, Inc. on 3/26/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ddp) |
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