Natera, Inc. v. ArcherDX, Inc.

Plaintiff: Natera, Inc.
Defendant: ArcherDX, Inc., ArcherDX, LLC and Invitae Corporation
Case Number: 1:2020cv00125
Filed: January 27, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2021 SO ORDERED, re #338 MOTION for Pro Hac Vice Appearance of Attorney Justin L. Constant filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 9/22/21. (ntl)
September 21, 2021 Filing 339 REDACTED VERSION of #330 Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits A-C)(Farnan, Brian)
September 21, 2021 Filing 338 MOTION for Pro Hac Vice Appearance of Attorney Justin L. Constant - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
September 21, 2021 Filing 337 ORAL ORDER: After having been advised by Plaintiff and Defendants of their inability to resolve still more discovery disputes (D.I. 321), IT IS HEREBY ORDERED that a teleconference is scheduled for October 8, 2021 at 4:45 p.m. At that time, the Court will hear argument, to the extent necessary, on any ripe discovery disputes and on the pending motions (D.I. 301, 304, 308). The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than September 29, any party seeking discovery relief regarding the disputes identified in D.I. 321 shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than October 1, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. IT IS FURTHER ORDERED that also not later than October 1 the parties shall file a joint status report advising the Court as to their updated positions and how, if at all, the motion to strike infringement contentions (D.I. 301) and the motion for leave to amend (D.I. 304), regarding the '482 patent, are impacted by the Court's recent ruling in Huber Engineered Woods LLC v. Louisiana-Pacific Corp. (19-342-LPS D.I. 215). ORDERED by Judge Leonard P. Stark on 9/21/21. (ntl)
September 21, 2021 Filing 336 MEMORANDUM ORDER resolving multiple discovery disputes. Signed by Judge Leonard P. Stark on 9/21/21. (ntl)
September 17, 2021 Filing 335 NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Responses and Objections to Defendants' Fifth Set of Interrogatories [Nos. 18, 24 and 25] filed by Natera, Inc..(Fahnestock, Derek)
September 16, 2021 Filing 334 REDACTED VERSION of #328 Letter by Natera, Inc.. (Fahnestock, Derek)
September 14, 2021 Filing 333 NOTICE of Amended Subpoenas to Dr. Long Phi Le and Dr. John Iafrate by Natera, Inc. (Fahnestock, Derek)
September 14, 2021 Filing 332 REDACTED VERSION of #317 Letter, by Natera, Inc.. (Attachments: #1 Exhibit A)(Fahnestock, Derek)
September 13, 2021 Filing 331 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Teleconference regarding Defendants' Motion to Amend - re #308 MOTION to Amend/Correct #133 Answer to Amended Complaint,, Counterclaim, . (Farnan, Brian)
September 13, 2021 Filing 330 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Reply in Support of Motion to Amend - re #308 MOTION to Amend/Correct #133 Answer to Amended Complaint,, Counterclaim, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian)
September 10, 2021 Filing 329 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Teleconference - re #304 MOTION for Leave to File Third Amended Consolidated Complaint. (Fahnestock, Derek)
September 10, 2021 Filing 328 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Reply Letter Brief - re #304 MOTION for Leave to File Third Amended Consolidated Complaint. (Fahnestock, Derek)
September 10, 2021 Filing 327 REDACTED VERSION of #312 Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits 1-19)(Farnan, Michael)
September 10, 2021 Filing 326 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Teleconference - re #301 MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions . (Farnan, Brian)
September 10, 2021 Filing 325 Letter to The Honorable Leonard P. Stark from Michael J. Farnan regarding Reply Letter Brief in Support of Motion to Strike - re #301 MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions . (Farnan, Michael)
September 9, 2021 Filing 324 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Letter Brief in Opposition to Defendants' Motion to Amend - re #308 MOTION to Amend/Correct #133 Answer to Amended Complaint,, Counterclaim, . (Attachments: #1 Exhibits A-C)(Fahnestock, Derek)
September 9, 2021 Filing 323 REDACTED VERSION of #309 Letter, by ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian)
September 9, 2021 Filing 322 REDACTED VERSION of #307 Letter, by Natera, Inc.. (Attachments: #1 Exhibits 1-11)(Fahnestock, Derek)
September 9, 2021 Filing 321 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
September 8, 2021 Filing 320 REDACTED VERSION of #302 Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits A-H)(Farnan, Brian)
September 8, 2021 Filing 319 REDACTED VERSION of #306 Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits 1-14)(Farnan, Michael)
September 8, 2021 Filing 318 NOTICE to Take Deposition of Darren Fogg on September 17, 2021 (Third Amended) filed by Natera, Inc..(Fahnestock, Derek)
September 8, 2021 SO ORDERED, re #310 Joint STIPULATION TO EXTEND TIME for Certain Discovery Deadlines to Various Dates filed by Natera, Inc. Signed by Judge Leonard P. Stark on 9/8/21. (ntl)
September 7, 2021 Filing 317 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Letter Brief in Opposition to Defendants' Motion to Strike Portions of Natera's Final Infringement Contentions - re #301 MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions . (Attachments: #1 Exhibit A)(Fahnestock, Derek)
September 7, 2021 Filing 316 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Letter Brief in Opposition to Natera's Motion to Amend - re #304 MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: #1 Exhibit 1)(Farnan, Brian)
September 7, 2021 Filing 315 NOTICE OF SERVICE of (1) Natera, Inc.'s Third Supplemental Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9]; (2) Natera, Inc.'s First Supplemental Responses and Objections to Defendants' Fifth Set of Interrogatories [Nos. 17, 19, 21 and 22]; (3) Natera, Inc.'s Second Supplemental Responses and Objections to ArcherDX, Inc.'s Third Set of Interrogatories [No. 10]; and (4) Natera, Inc.'s Ninth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1, 4-6] filed by Natera, Inc..(Fahnestock, Derek)
September 7, 2021 Filing 314 NOTICE requesting Clerk to remove Christopher T. Marando as co-counsel.. (Farnan, Brian)
September 3, 2021 Filing 313 NOTICE OF SERVICE of (i) Defendants' Objections and Responses to Natera, Inc.'s Fourth Set of Interrogatories to Defendants (No. 6); (ii) Defendants' Objections and Responses to First Set of Requests for Admission (Nos. 1-20); (iii) Defendants' Supplemental Amended Initial Disclosures; and (iv) Defendants' Second Supplemental Objections and Responses to Interrogatory No. 1; Defendants' Third Supplemental Objections and Responses to Interrogatory No. 3; Defendants' Fifth Supplemental Objections and Responses to Interrogatory No. 4; Defendants' First Supplemental Objections and Responses to Interrogatory No. 6; Defendants' First Supplemental Objections and Responses to Interrogatory No. 9; Defendants' Third Supplemental Objections and Responses to Interrogatory No. 10; Defendants' First Supplemental Objections and Responses to Interrogatory No. 12; Defendants' First Supplemental Objections and Responses to Interrogatory No. 14 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
September 3, 2021 Filing 312 [SEALED] Letter to The Honorable Leonard P. Stark from Michael J. Farnan regarding Response to Plaintiff's September 1, 2021 Letter - re #307 Letter,. (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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Farnan, Michael)
September 3, 2021 Filing 311 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Letter Brief in Opposition to Defendants' Discovery Dispute Letter - re #306 Letter, 300 Order,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fahnestock, Derek)
September 3, 2021 Filing 310 Joint STIPULATION TO EXTEND TIME for Certain Discovery Deadlines to Various Dates - filed by Natera, Inc.. (Fahnestock, Derek)
September 2, 2021 Filing 309 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Opening Letter Brief in Support of Motion to Amend - re #308 MOTION to Amend/Correct #133 Answer to Amended Complaint,, Counterclaim, . (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian)
September 2, 2021 Filing 308 MOTION to Amend/Correct #133 Answer to Amended Complaint,, Counterclaim, - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Rule 7.1.1 Certification, #2 Text of Proposed Order)(Farnan, Brian)
September 1, 2021 Filing 307 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Letter Brief in Support of Natera, Inc.'s Motion to Compel Discovery - re 300 Order,,,. (Attachments: #1 Exhibits 1-11)(Fahnestock, Derek)
September 1, 2021 Filing 306 [SEALED] Letter to The Honorable Leonard P. Stark from Michael J. Farnan regarding Discovery Dispute. (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, #14 Exhibit 14)(Farnan, Michael)
August 31, 2021 Filing 305 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock - re #304 MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fahnestock, Derek)
August 31, 2021 Filing 304 MOTION for Leave to File Third Amended Consolidated Complaint - filed by Natera, Inc.. (Attachments: #1 Exhibit A - Third Amended Consolidated Complaint, #2 Exhibits 1-4 to Third Amended Consolidated Complaint, #3 Exhibits 5-42 to Third Amended Consolidated Complaint, #4 Exhibit B - Redline)(Fahnestock, Derek)
August 31, 2021 Filing 303 NOTICE OF SERVICE of ArcherDX, Inc.'s Second Supplemental Objections and Responses to Interrogatory No. 5 filed by ArcherDX, Inc..(Farnan, Brian)
August 30, 2021 Filing 302 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Opening Letter Brief in Support of Motion to Strike - re #301 MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions . (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)(Farnan, Brian)
August 30, 2021 Filing 301 MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Rule 7.1.1 Certification, #2 Text of Proposed Order)(Farnan, Brian)
August 30, 2021 Filing 300 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 291), IT IS HEREBY ORDERED that not later than September 1, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than September 3, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. After reviewing the letter submissions, the Court may schedule a teleconference. ORDERED by Judge Leonard P. Stark on 8/30/21. (ntl)
August 24, 2021 Filing 299 NOTICE to Take Deposition of Matthew Rabinowitz on 9/2/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 24, 2021 Filing 298 NOTICE to Take Deposition of Milena Banjevic on 9/1/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 24, 2021 Filing 297 NOTICE to Take Deposition of Solomon Moshkevich on 8/27/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 24, 2021 Filing 296 NOTICE to Take Deposition of Michael Dodd on 8/25/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 24, 2021 Filing 295 NOTICE to Take Deposition of Bernhard Zimmermann on 8/25/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 24, 2021 Filing 294 NOTICE to Take Deposition of George Gemelos on 8/24/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 24, 2021 Filing 293 NOTICE to Take Deposition of Michael Brophy on 8/23/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 23, 2021 Filing 292 NOTICE OF SERVICE of Natera, Inc.'s Eighth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [No. 1] filed by Natera, Inc..(Fahnestock, Derek)
August 18, 2021 Filing 291 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
August 18, 2021 Filing 290 ORAL ORDER: Having considered the parties' final positions with respect to their dispute relating to Topic 14 of Natera's Rule 30(b)(6) deposition notice (D.I. 289), IT IS HEREBY ORDERED that Defendants' designated witness(es) shall prepare to testify, relating to Topic 14, on non-privileged information relating to sales, revenue, profits, costs and expenses of the accused products contained in 30 documents (including the 4 documents identified in the parties' original dispute; the remaining documents are not to all be spreadsheets) produced by Defendants. Considering (1) the different categories of accused products and distinct sales channels for each product's sales, (2) the fact that the parties have not agreed on representative customers, and (3) the number of financial documents that Defendants have produced relating to the accused products, Natera's revised proposal is more reasonable than Defendants'. As importantly, the discovery the Court is ordering is proportional to the needs of the case. Defendants have failed to persuade the Court that it will be unduly burdensome to prepare a witness or witnesses for the deposition, particularly as the Court hereby orders that Natera identify the 30 documents no later than two weeks before the Rule 30(b)(6) deposition. ORDERED by Judge Leonard P. Stark on 8/18/21. (ntl)
August 17, 2021 Filing 289 Joint Letter to The Honorable Leonard P. Stark regarding the parties' final positions relating to the discovery dispute regarding Natera's 30(b)(6) Topic 14 - re 286 Order,,,,,. (Fahnestock, Derek)
August 17, 2021 Filing 288 REDACTED VERSION of #285 Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits A-I)(Farnan, Brian)
August 16, 2021 Filing 287 NOTICE OF SERVICE of Defendants' Objections and Responses to Natera, Inc.'s Third Set of Interrogatories to Defendants (No. 5) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
August 13, 2021 Filing 286 ORAL ORDER: Having reviewed the parties' letters and related materials relating to a discovery dispute (D.I. 284, 285), IT IS HEREBY ORDERED that Natera's request to compel Defendants' Rule 30(b)(6) witness(es) to testify on Topic 14 regarding information contained in 60 documents (see D.I. 284 at 1) is DENIED WITHOUT PREJUDICE. While the Court agrees with Defendants that requiring their Rule 30(b)(6) witness(es) to testify regarding individualized sales information contained in 60 documents is too burdensome, the Court agrees with Plaintiff that limiting the scope of Rule 30(b)(6) testimony to four documents relating to six customers is too restrictive, given that Defendants' aggregate sales spreadsheet lists more than 500 customers (see D.I. 285 Ex. B) and that the parties have not agreed on representative infringing activities (see D.I. 284 at 1 n.1). The parties shall meet and confer and, no later than August 17, submit a joint letter containing their final positions on this dispute (e.g., the parties may wish to propose a different number of documents between 4 and 60). If the parties are unable to reach agreement, the Court will resolve the dispute taking account of the parties' final positions. ORDERED by Judge Leonard P. Stark on 8/13/21. (ntl)
August 12, 2021 CORRECTING ENTRY: D.I. 284 was placed under seal per request of counsel. (ntl)
August 10, 2021 Filing 285 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to Natera's August 6 Discovery Dispute Letter - re #284 Letter. (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)(Farnan, Michael)
August 6, 2021 Filing 284 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Discovery Dispute. (Attachments: #1 Exhibit 1-3)(Fahnestock, Derek) Modified on 8/12/2021 (ntl).
August 4, 2021 Filing 283 NOTICE OF SERVICE of (1) Natera, Inc.'s Fourth Set of Interrogatories to Defendants (No. 6), and (2) Natera, Inc.'s First Set of Requests for Admission to Defendants (Nos. 1-20) filed by Natera, Inc..(Fahnestock, Derek)
August 4, 2021 Filing 282 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 255), IT IS HEREBY ORDERED that not later than August 6, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than August 10, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. After reviewing the letter submissions, the Court may schedule a teleconference. ORDERED by Judge Leonard P. Stark on 8/4/21. (ntl)
August 3, 2021 Filing 281 NOTICE of Second Amended Subpoena to Testify at a Deposition in a Civil Action to Laboratory Corporation of America Holdings by Natera, Inc. (Fahnestock, Derek)
August 3, 2021 Filing 280 NOTICE to Take Deposition of Jason Myers on August 11, 2021 (Amended) filed by Natera, Inc..(Fahnestock, Derek)
August 2, 2021 Filing 279 NOTICE OF SERVICE of Defendants' Sixth Supplemental Objections and Responses to Interrogatory No. 2 and Fourth Supplemental Objections and Responses to Interrogatory No. 4 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 30, 2021 Filing 278 NOTICE to Take Deposition of Lane Eubank on 8/6/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 30, 2021 Filing 277 NOTICE to Take Deposition of Tudor Constantin on 8/4/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 30, 2021 Filing 276 NOTICE to Take Deposition of Matthew Hill on 8/3/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 27, 2021 Filing 275 NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 23, 2021 Filing 274 [SEALED] NOTICE of Amended Third Party Subpoena for Deposition and Documents to Jason Myers by Natera, Inc. (Fahnestock, Derek)
July 23, 2021 Filing 273 NOTICE to Take Deposition of Joshua Stahl on September 3, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 23, 2021 Filing 272 NOTICE to Take Deposition of Ryan Walters on August 31, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 23, 2021 Filing 271 NOTICE to Take Deposition of Robert D. Daber on August 19, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 23, 2021 Filing 270 NOTICE to Take Deposition of Timothy Holwick on August 17, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 23, 2021 Filing 269 NOTICE to Take Deposition of Sandra Close on August 5, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 23, 2021 Filing 268 NOTICE to Take Deposition of Jill Stefanelli on July 29, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 23, 2021 Filing 267 NOTICE OF SERVICE of Natera, Inc.'s Objections and Responses to Defendants' Second Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Natera, Inc..(Fahnestock, Derek)
July 21, 2021 Filing 266 NOTICE of Amended Third Party Subpoena for Deposition and Documents to Laboratory Corporation of America Holdings by Natera, Inc. (Fahnestock, Derek)
July 20, 2021 Filing 265 NOTICE OF SERVICE of Defendants' Fifth Supplemental Objections and Responses to Interrogatory No. 2 and Second Supplemental Objections and Responses to Interrogatories Nos. 10-11 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 20, 2021 Filing 264 NOTICE OF SERVICE of Natera, Inc.'s Seventh Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 3-7] filed by Natera, Inc..(Fahnestock, Derek)
July 20, 2021 Filing 263 NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Michael)
July 16, 2021 Filing 262 NOTICE to Take Deposition of John Fesko on 7/30/2021 (Amended) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 16, 2021 Filing 261 NOTICE to Take Deposition of Onur Sakarya on 7/23/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 16, 2021 Filing 260 NOTICE to Take Deposition of Eser Kirkizlar on 7/22/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 15, 2021 Filing 259 NOTICE OF SERVICE of Natera, Inc.'s Third Set of Interrogatories to Defendants (No. 5) filed by Natera, Inc..(Fahnestock, Derek)
July 15, 2021 Filing 258 NOTICE to Take Deposition of Darren Fogg on August 24, 2021 (Second Amended) filed by Natera, Inc..(Fahnestock, Derek)
July 15, 2021 Filing 257 NOTICE of Third Party Subpoena for Deposition and Documents to Dr. John Iafrate by Natera, Inc. (Fahnestock, Derek)
July 15, 2021 Filing 256 NOTICE of Third Party Subpoena for Deposition and Documents to Dr. Long Phi Le by Natera, Inc. (Fahnestock, Derek)
July 15, 2021 Filing 255 Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
July 12, 2021 Filing 254 NOTICE OF SERVICE of Plaintiff Natera, Inc.'s Final Infringement Contentions filed by Natera, Inc..(Fahnestock, Derek)
July 9, 2021 Filing 253 NOTICE to Take Deposition of Holly Tillson on July 23, 2021 filed by Natera, Inc..(Fahnestock, Derek)
July 9, 2021 Filing 252 NOTICE to Take Deposition of Darren Fogg on July 16, 2021 (Amended) filed by Natera, Inc..(Fahnestock, Derek)
July 9, 2021 Filing 251 NOTICE OF SERVICE of (1) Natera, Inc.'s Responses and Objections to Defendants' Fifth Set of Interrogatories [Nos. 12-25] and (2) Natera, Inc.'s Responses and Objections to Defendants' First Set of Requests for Admissions [Nos. 1-25] filed by Natera, Inc..(Fahnestock, Derek)
July 9, 2021 Filing 250 NOTICE of Subpoena to Allison Ryan by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Farnan, Michael)
July 6, 2021 Filing 249 NOTICE OF SERVICE of Defendants' Invalidity References filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
July 6, 2021 Filing 248 NOTICE OF SERVICE of (1) Second Supplemental Responses and Objections to Defendants' Fourth Set of Interrogatories [No. 11]; (2) Sixth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7]; and (3) Supplemental Identification of Accused Products filed by Natera, Inc..(Fahnestock, Derek)
June 29, 2021 Filing 247 NOTICE to Take Deposition of Natera, Inc. on 8/2/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Michael)
June 29, 2021 Filing 246 Official Transcript of Telephone Conference held before Chief Judge Leonard P. Stark on June 21, 2021. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/20/2021. Redacted Transcript Deadline set for 7/30/2021. Release of Transcript Restriction set for 9/27/2021. (bpg)
June 29, 2021 CORRECTING ENTRY: Corrected document added to D.I. #245 per request of counsel. (ntl)
June 28, 2021 Filing 245 NOTICE OF SERVICE of (1) Notice of Deposition of Holly Tillson and (2) Notice of Deposition of Robert D. Daber filed by Natera, Inc..(Fahnestock, Derek) (Main Document 245 replaced on 6/29/2021) (ntl).
June 28, 2021 Filing 244 ORDER re #243 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 6/28/21. (ntl)
June 28, 2021 Filing 243 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 6/28/21. (ntl)
June 28, 2021 SO ORDERED, re #242 Joint STIPULATION to Amend Scheduling Order filed by Natera, Inc. Signed by Judge Leonard P. Stark on 6/28/21. (ntl)
June 28, 2021 Pro Hac Vice Attorney Christopher T. Marando for ArcherDX, Inc., ArcherDX, LLC and Invitae Corporation 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. (mal)
June 25, 2021 Filing 242 Joint STIPULATION to Amend Scheduling Order by Natera, Inc.. (Fahnestock, Derek)
June 24, 2021 Filing 241 NOTICE OF SERVICE of Defendants' Responses and Objections to Natera, Inc.'s Second Set of Interrogatories to Defendants (Nos. 2-4) and Defendants' Responses and Objections to Natera Third Set of Requests for Production (Nos. 11-15) filed by ArcherDX, Inc., ArcherDX, LLC.(Farnan, Michael)
June 24, 2021 Filing 240 REDACTED VERSION of #229 Letter by Natera, Inc.. (Attachments: #1 Exhibit 1)(Fahnestock, Derek)
June 23, 2021 Filing 239 REDACTED VERSION of #227 Letter, by ArcherDX, Inc.. (Farnan, Brian)
June 23, 2021 Filing 238 REDACTED VERSION of #226 Letter, by ArcherDX, Inc.. (Farnan, Brian)
June 22, 2021 Filing 237 REDACTED VERSION of #224 Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits 1-11)(Farnan, Michael)
June 22, 2021 Filing 236 REDACTED VERSION of #225 Letter by Natera, Inc.. (Attachments: #1 Exhibit 1-6)(Raucci, Anthony)
June 22, 2021 Filing 235 MOTION for Pro Hac Vice Appearance of Attorney Christopher T. Marando - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
June 22, 2021 SO ORDERED, re #235 MOTION for Pro Hac Vice Appearance of Attorney Christopher T. Marando filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 6/22/21. (ntl)
June 21, 2021 Filing 234 ORAL ORDER: Having reviewed the materials submitted relating to various discovery disputes (see, e.g., D.I. 224, 225, 226, 228, 229), IT IS HEREBY ORDERED that: (i) Defendants' request for a schedule that coordinates discovery and consolidates trial with later-filed and non-similarly-situated Natera v. Genosity, C.A. No. 20-1352, is DENIED; (ii) the deadline for the completion of fact discovery in the instant action is EXTENDED from July 9 to September 3, 2021; and (iii) no later than July 3, 2021 the parties shall agree upon mutually-convenient dates and locations for completion of all fact depositions, including Rule 30(b)(6) depositions. As an initial matter, Defendants have not filed a motion (which could be accompanied by full briefing) as the Court required were Defendants to pursue the relief they now seek through their letter. (See D.I. 220) (denying Defendants' request for status conference and/or submission of letter briefs regarding possible coordinated or consolidated schedule, adding "Should any party wish to modify an existing schedule and/or seek coordination or consolidation, it may file a motion seeking such relief.") In any event, delaying the long-scheduled May 2022 trial to spring of 2023, as Defendants propose, would unfairly prejudice Plaintiff, who competes directly with them. Further, even Defendants acknowledge that "the Genosity matter will have unique issues." (D.I. 224 at 2) Defendants have not shown good cause for the schedule modification they seek (other than with respect to extending fact discovery to permit completion of depositions). The Court does not agree with Plaintiff that the majority of depositions must occur in June and July, particularly given counsel's other commitments. The Court encourages the parties to explore ways to allow both cases to proceed efficiently (including considering agreeing that judgment in one case will bind the parties to the second case and/or treating all discovery in the first case as part of the record in the second case) but will not grant Defendants' request to delay trial over Plaintiff's objection. IT IS FURTHER ORDERED that Plaintiff's request to compel a deposition from non-party Thomas Jefferson University Hospital is DENIED, as Plaintiff has not shown, at this point, that the need for such a deposition outweighs the burden to the Hospital in participating in it. Finally, today's teleconference is RESCHEDULED and will begin at 4:15 p.m. All remaining matters, including Archer's request for supplementation of Interrogatories 3-7, and Natera's request for supplementation of Interrogatories 2, 10, and 11 and Requests for Production 8 and 9, will be discussed at that teleconference. The parties should be prepared to address whether, in light of this Order extending fact discovery, the Court should simply impose a deadline for all requested supplementation. ORDERED by Judge Leonard P. Stark on 6/21/21. (ntl)
June 21, 2021 Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 6/21/2021. (Court Reporter B. Gaffigan.) (ntl)
June 18, 2021 Filing 233 NOTICE of Amended Subpoena to SeraCare Life Sciences, Inc. by Natera, Inc. (Fahnestock, Derek)
June 17, 2021 Filing 232 NOTICE to Take Deposition of Todd Druley on June 24, 2021 (Amended) filed by Natera, Inc..(Fahnestock, Derek)
June 17, 2021 Filing 231 NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff Natera, Inc.'s Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
June 17, 2021 Filing 230 ORAL ORDER: IT IS HEREBY ORDERED that the discovery teleconference scheduled for June 18 is RESCHEDULED for June 21 at 2:15 p.m. ORDERED by Judge Leonard P. Stark on 6/17/21. (ntl)
June 17, 2021 Filing 229 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock - re #225 Letter. (Attachments: #1 Exhibit 1)(Fahnestock, Derek)
June 16, 2021 Filing 228 Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding opposition to Defendants' Discovery Dispute Letter - re #224 Letter,. (Attachments: #1 Exhibit 1-5)(Raucci, Anthony)
June 16, 2021 Filing 227 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding TJUH's Response to Plaintiff's June 15, 2021 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Farnan, Brian)
June 16, 2021 Filing 226 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to Plaintiff's June 15, 2021 Letter. (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)
June 15, 2021 Filing 225 [SEALED] Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding in support of Natera's Motion to Compel Discovery - re 223 Oral Order,,,,, Set Hearings,,,,. (Attachments: #1 Exhibit 1-6)(Raucci, Anthony)
June 15, 2021 Filing 224 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
June 14, 2021 Filing 223 ORAL ORDER: After having been advised by Plaintiff and Defendant of their inability to resolve a discovery matter (D.I. 222), IT IS HEREBY ORDERED that a teleconference is scheduled for June 18, 2021, at 9:15 am. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than June 15, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than June 16, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Leonard P. Stark on 6/14/2021. (etg)
June 11, 2021 Filing 222 Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding requesting scheduling of a discovery teleconference. (Raucci, Anthony)
June 11, 2021 Filing 221 NOTICE OF SERVICE of ArcherDX, Inc.'s Second Supplemental Objections and Responses to Interrogatory No. 3 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
June 10, 2021 Filing 220 ORAL ORDER: Having reviewed the parties' letters (C.A. No. 20-125 D.I. 215, 218) relating to ArcherDX's request for a status conference and/or submission of letter briefs regarding a possible coordinated or consolidated schedule between C.A. Nos. 20-125 and 20-1352, IT IS HEREBY ORDERED that ArcherDX's request is DENIED. Should any party wish to modify an existing schedule and/or seek coordination or consolidation, it may file a motion seeking such relief. ORDERED by Judge Leonard P. Stark on 6/10/21. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01352-LPS (ntl)
June 9, 2021 Filing 219 NOTICE OF SERVICE of (i) Defendants' First Set of Requests for Admission (Nos. 1-25) and (ii) Defendants' Fifth Set of Interrogatories (Nos. 12-25) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
June 8, 2021 Filing 218 Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding Natera's Response to ArcherDX's Request for Status Conference - re #215 Letter. (Raucci, Anthony)
June 7, 2021 Filing 217 NOTICE to Take Deposition of Darren Fogg on June 28, 2021 filed by Natera, Inc..(Raucci, Anthony)
June 7, 2021 Filing 216 NOTICE OF SERVICE of (i) Defendants' Amended Initial Disclosures and (ii) Defendants' Third Supplemental Objections and Responses to Interrogatory No. 4 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
June 7, 2021 Filing 215 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Status Conference Request. (Farnan, Brian)
June 4, 2021 Filing 214 NOTICE to Take Deposition of Todd Druley on July 1, 2021 filed by Natera, Inc..(Raucci, Anthony)
June 1, 2021 Filing 213 NOTICE to Take Deposition of Jason Myers on June 24, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 Filing 212 NOTICE OF SERVICE of (i) Defendants' Responses and Objections to Natera's Second Set of Requests for Production (Nos. 3-10) and (ii) Defendants' Fourth Supplemental Objections and Responses to Interrogatory No. 2 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 211 NOTICE to Take Deposition of Bernhard Zimmerman on 6/10/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 210 NOTICE to Take Deposition of Matthew Rabinowitz on 6/11/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 209 NOTICE to Take Deposition of Solomon Moshkevich on 6/17/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 208 NOTICE to Take Deposition of George Gemelos on 6/14/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 207 NOTICE to Take Deposition of John Fesko on 6/16/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 206 NOTICE to Take Deposition of Zachary Demko on 6/25/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 205 NOTICE to Take Deposition of Michael Brophy on 6/15/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 204 NOTICE to Take Deposition of Milena Banjevic on 6/22/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 Filing 203 NOTICE to Take Deposition of Maggie Rougier-Chapman on June 25, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 Filing 202 NOTICE to Take Deposition of Sandra Close on June 23, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 Filing 201 NOTICE to Take Deposition of Ryan Walters on June 21, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 Filing 200 NOTICE to Take Deposition of Jill Stefanelli on June 19, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 Filing 199 NOTICE to Take Deposition of Britton Russel on June 17, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 Filing 198 NOTICE to Take Deposition of Joshua Stahl on June 15, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 25, 2021 Filing 197 NOTICE OF SERVICE of (1) Natera, Inc.'s Objections and Responses to Defendants' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6), (2) Natera, Inc.'s Second Set of Interrogatories to Defendants (Nos. 2-4) and (3) Natera, Inc.'s Third Set of Requests for Production of Documents to Defendants ArcherDX and Invitae Corporation (Nos. 11-15) filed by Natera, Inc..(Fahnestock, Derek)
May 25, 2021 Filing 196 REDACTED VERSION of #194 Notice to Take Deposition, by Natera, Inc.. (Raucci, Anthony)
May 24, 2021 Filing 195 NOTICE of Subpoena (Jason Myers) by Natera, Inc. (Fahnestock, Derek)
May 19, 2021 CORRECTING ENTRY: D.I. 194 placed under seal per request of counsel. (ntl)
May 18, 2021 Filing 194 [SEALED] NOTICE to Take Deposition of Defendants pursuant to Fed. R. Civ. P. 30(b)(6) on ArcherDX, Inc. on June 1, 2021; ArcherDX, LLC on June 2, 2021; and Invitae Corporation on June 4, 2021 filed by Natera, Inc. (Raucci, Anthony) Modified on 5/19/2021 (ntl).
May 14, 2021 Filing 193 NOTICE OF SERVICE of (i) Defendants' Objections and Responses to Natera's First Set of Interrogatories to Invitae (Nos. 1-5) and (ii) Defendants' Objections and Responses to Interrogatory No. 1 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 10, 2021 Filing 192 NOTICE OF SERVICE of (1) Natera, Inc.'s First Supplemental Responses and Objections to Defendants' Fourth Set of Interrogatories [No. 11] and (2) Natera, Inc.'s Fifth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
May 10, 2021 Filing 191 NOTICE to Take Deposition of Natera, Inc. on 5/26/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Michael)
May 7, 2021 Filing 190 Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Interim Status Report. (Fahnestock, Derek)
May 5, 2021 Filing 189 NOTICE OF SERVICE of Defendants' Responses and Objections to Natera's First Set of Requests for Production (Nos. 1-2) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
April 30, 2021 Filing 188 NOTICE OF SERVICE of (i) Defendants' First Amended Invalidity Contentions and (ii) Defendants' Second Supplemental Objections and Responses to Interrogatory No. 4 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
April 29, 2021 Filing 187 NOTICE OF SERVICE of (i) Invitae Corporation's Responses and Objections to Natera's First Set of Requests for Production (Nos. 1-146) and (ii) Defendants' Responses and Objections to Natera's Fifth Set of Requests for Production (Nos. 140-146) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
April 28, 2021 Filing 186 NOTICE OF SERVICE of (1) Natera, Inc.'s Second Set of Requests for Production of Documents to Defendants ArcherDX and Invitae Corporation (Nos. 3-10), and (2) Natera, Inc.'s Responses and Objections to Defendants' Third Set of Requests for Production of Documents (Nos. 43-70) filed by Natera, Inc..(Fahnestock, Derek)
April 28, 2021 Filing 185 Official Transcript of Claim Construction Hearing held on April 26, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021.(bpg)
April 26, 2021 Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held (by video) on 4/26/2021. (Court Reporter B. Gaffigan.) (ntl)
April 26, 2021 Filing 184 ORAL ORDER: Having reviewed the parties' joint status report of April 9 (D.I. 175), IT IS HEREBY ORDERED that: (1) the parties' agreements, including agreed deadlines, are ADOPTED; and (2) the Court agrees with Archer that Natera, in response to Rog. No. 11, must provide dates of conception and reduction to practice information about the non-asserted claims, which is relevant and potentially important evidence proportionate to the needs of this case, for reasons explained by Archer (see, e.g., id. at 2-5). ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl)
April 26, 2021 Filing 183 ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing on April 26, 2021 is available to the public using the following dial-in for audio access: 1-703-552-8058 Passcode: 487710, then press *. Audio reproduction of the proceeding is strictly prohibited. ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl)
April 26, 2021 Filing 182 ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing today will begin at 2:00 PM. ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl)
April 26, 2021 CORRECTING ENTRY: Corrected documents added to D.I. #177 - #178 per request of counsel. (ntl)
April 21, 2021 Pro Hac Vice Attorney Concord Cheung for ArcherDX, Inc.,Concord Cheung for ArcherDX, LLC 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. (mal)
April 20, 2021 Filing 181 ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing on April 26 will be conducted by remote videoconference technology. Each side will have 90 minutes for its presentation. The parties shall provide access information, including access information for interested members of the public. IT IS FURTHER ORDERED that any demonstratives or other materials to be referenced at the hearing shall be submitted electronically to the Court and served on opposing counsel no later than 4:00 p.m. on April 23, 2021. ORDERED by Judge Leonard P. Stark on 4/20/21. (ntl)
April 20, 2021 SO ORDERED, re #180 MOTION for Pro Hac Vice Appearance of Attorney Concord Cheung filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 4/20/21. (ntl)
April 19, 2021 Filing 180 MOTION for Pro Hac Vice Appearance of Attorney Concord Cheung - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
April 17, 2021 Filing 179 Official Transcript of Telephone Conference held on April 1, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/10/2021. Redacted Transcript Deadline set for 5/18/2021. Release of Transcript Restriction set for 7/16/2021. (bpg)
April 14, 2021 Filing 178 Joint APPENDIX re #177 Joint Claim Construction Brief by Natera, Inc.. (Fahnestock, Derek) (Main Document 178 replaced on 4/26/2021) (ntl).
April 14, 2021 Filing 177 JOINT CLAIM CONSTRUCTION BRIEF filed by Natera, Inc.. (Fahnestock, Derek) (Main Document 177 replaced on 4/26/2021) (ntl).
April 13, 2021 Filing 176 NOTICE OF SERVICE of (1) Natera, Inc.'s First Set of Interrogatories to Defendants (No. 1), and (2) Natera, Inc.'s First Set of Interrogatories to Invitae Corp. (Nos. 1-5) filed by Natera, Inc..(Fahnestock, Derek)
April 9, 2021 Filing 175 Joint STATUS REPORT Pursuant to the Court's April 1, 2021 Orders by Natera, Inc.. (Fahnestock, Derek)
April 7, 2021 Filing 174 NOTICE OF SERVICE of Defendants' Sur-Reply Markman Brief filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
April 6, 2021 Filing 173 REDACTED VERSION of #165 Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Exhibits 1-19)(Farnan, Michael)
April 6, 2021 Filing 172 ORAL ORDER: IT IS HEREBY ORDERED that each side will be allocated ninety (90) minutes for argument at the Markman Hearing scheduled for April 26, 2021. ORDERED by Judge Leonard P. Stark on 4/6/21. (ntl)
April 5, 2021 Filing 171 NOTICE OF SERVICE of Natera, Inc.'s First Set of Requests for Production of Documents to Defendants ArcherDX and Invitae Corporation (Nos. 1-2) filed by Natera, Inc..(Fahnestock, Derek)
April 5, 2021 Filing 170 REDACTED VERSION of #163 Letter, by Natera, Inc.. (Attachments: #1 Exhibits 1-4)(Fahnestock, Derek)
April 5, 2021 Filing 169 REDACTED VERSION of #161 Letter by Natera, Inc.. (Attachments: #1 Exhibits 1-6)(Fahnestock, Derek)
April 1, 2021 Filing 168 ORAL ORDER: Having reviewed the parties' letters and related materials raising numerous discovery disputes (see, e.g., D.I. 161, 165), IT IS HEREBY ORDERED that Natera's request for an order compelling responses to ROGS 1, 4, and 8 as well as RFPs 95 and 97, which appear to seek "extensive granular information relating to" a large number of Archer customers and "all communications with every [Archer] customer" (D.I. 165 at 2-3) is DENIED WITHOUT PREJUDICE to Natera making narrower requests, proportionate to the needs of the case and not unduly burdensome - the parties might consider identifying a set of representative customers for whom such discovery might be appropriate. The Court will discuss with the parties during today's teleconference the other disputes raised by Natera. ORDERED by Judge Leonard P. Stark on 4/1/21. (ntl)
April 1, 2021 Filing 167 ORAL ORDER: Having reviewed the parties' letters and related materials raising numerous discovery disputes (see, e.g., D.I. 160, 163), IT IS HEREBY ORDERED that: (1) Archer's request that Natera be ordered to complete (and not just "substantially complete") production of all documents regarding conception and reduction to practice of the patents-in-suit (RFP 2) is GRANTED in that such complete production must be completed by April 30 - in the context of this case, particularly given its multiple patents, numerous asserted claims, and up to 17 inventors, and given what Natera contends is already a fairly complete production, there is no reason to keep Archer waiting much longer for complete production; (2) Archer's request to compel a response to ROG 11, regarding conception and reduction to practice of non-asserted claims, is DENIED WITHOUT PREJUDICE as it appears the parties have not fully met and conferred, although Natera is ORDERED to advise Archer by April 6 what Natera is willing to provide Archer in response to the interrogatory and the parties shall advise the Court by joint status report no later than April 9 if there is any remaining dispute; (3) Archer's request to compel documents from a related litigation (RFP 39) is GRANTED, as there is no burden on Natera (Archer's attorneys already have possession of the documents by virtue of being counsel in the related case), the Court is persuaded the requested materials are relevant, Natera is not entitled at this stage to know which subset of the materials Archer is interested in, and Archer's attorneys are undoubtedly familiar with (and are expected of course to comply with) their obligations to third parties and under any protective order; (4) Archer's request to compel financial information regarding Natera's Signatera product (RFP 15) is DENIED as Natera represents it has already produced "documents sufficient to show the sales, revenue and profits since the product was first sold" and "[t]here is nothing for the Court to compel" (D.I. 163 at 3) and the record does not show these representations to be incorrect. The discovery teleconference later today will not address the disputes the Court has already resolved. ORDERED by Judge Leonard P. Stark on 4/1/21. (ntl)
April 1, 2021 Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 4/1/2021. (Court Reporter B. Gaffigan.) (ntl)
March 31, 2021 Filing 166 NOTICE of Change of Address of Counsel by Natera, Inc. (Fahnestock, Derek)
March 30, 2021 Filing 165 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to Plaintiff's March 26, 2021 Letter. (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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Farnan, Brian)
March 30, 2021 Filing 164 NOTICE OF SERVICE of (1) Natera, Inc.'s Fifth Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 140-146), and (2) Natera, Inc.'s First Set of Requests for Production of Documents to Invitae Corp. (Nos. 1-146) filed by Natera, Inc..(Fahnestock, Derek)
March 30, 2021 Filing 163 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Letter Brief in Opposition to ArcherDX, Inc.'s Motion to Compel Discovery - re #160 Letter,. (Attachments: #1 Exhibits 1-4)(Fahnestock, Derek)
March 29, 2021 Filing 162 NOTICE OF SERVICE of Defendants' Third Set of Requests for Production (Nos. 43-70) filed by ArcherDX, LLC.(Farnan, Brian)
March 26, 2021 Filing 161 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Letter Brief in Support of Natera, Inc.'s Motion to Compel Discovery. (Attachments: #1 Exhibits 1-6)(Fahnestock, Derek)
March 26, 2021 Filing 160 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
March 24, 2021 Filing 159 NOTICE OF SERVICE of (1) Natera, Inc.'s Reply Markman Brief, (2) Supplemental Expert Declaration of John Quackenbush, Ph.D. in Support of Natera Inc.'s Reply Markman Brief, and (3) Declaration of William G. Gaede, III, in Support of Natera, Inc.'s Reply Markman Brief filed by Natera, Inc..(Fahnestock, Derek)
March 24, 2021 Filing 158 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 137), IT IS HEREBY ORDERED that a teleconference is scheduled for April 1, 2021 at 2:30 p.m. Counsel shall initiate the teleconference and shall provide Chambers with the call-in information. IT IS FURTHER ORDERED that not later than March 26, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than March 30, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 3/24/2021. (ntl)
March 19, 2021 Filing 157 NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Responses & Objections to ArcherDX, Inc.'s Third Set of Interrogatories [No. 10] filed by Natera, Inc..(Fahnestock, Derek)
March 12, 2021 Filing 156 NOTICE OF SERVICE of Natera, Inc.'s Responses and Objections to Defendants' Fourth Set of Interrogatories [No. 11] filed by Natera, Inc..(Fahnestock, Derek)
March 12, 2021 Filing 155 NOTICE to Take Deposition of Dr. John Quackenbush on 3/17/2021 filed by ArcherDX, Inc..(Farnan, Brian)
March 11, 2021 Filing 154 NOTICE to Take Deposition of Dr. Jesse Boehm on March 16, 2021 filed by Natera, Inc..(Fahnestock, Derek)
March 9, 2021 Filing 153 NOTICE OF SERVICE of Defendants' Corrected Second Supplemental Objections and Responses to Interrogatory No. 13 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
March 8, 2021 Filing 152 NOTICE OF SERVICE of Defendants' Second Supplemental Objections and Responses to Interrogatory No. 13 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
February 24, 2021 Filing 151 NOTICE OF SERVICE of (i) Defendants' Response to Natera, Inc.'s Opening Markman Brief; (ii) Declaration of Derek C. Walter in Support of Defendants' Response to Natera, Inc.'s Opening Markman Brief; and (iii) Expert Declaration of Dr. Jesse Boehm in Support of Defendants' Response to Natera, Inc.'s Opening Claim Construction Brief filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
February 24, 2021 Filing 150 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Claim Construction Hearing. (Fahnestock, Derek)
February 24, 2021 Filing 149 OBJECTIONS by Natera, Inc. [Plaintiff Natera, Inc.'s Comments and Objections to Defendants' Technology Tutorial]. (Fahnestock, Derek)
February 24, 2021 Filing 148 STATEMENT Defendants' Comments on Natera's Technology Tutorial by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
February 22, 2021 Filing 147 ANSWER to #133 Answer to Amended Complaint,, Counterclaim, by Natera, Inc..(Fahnestock, Derek)
February 19, 2021 Filing 146 NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9] filed by Natera, Inc..(Fahnestock, Derek)
February 19, 2021 Filing 145 ORAL ORDER: Having reviewed the parties' letters concerning ArcherDX's Motion for Expedited Relief (D.I. 138, 139, 142, 144), IT IS HEREBY ORDERED that ArcherDX's Motion is GRANTED IN PART. The parties must produce for deposition any expert witness(es) who filed or will file a declaration supporting a claim construction brief. Such depositions shall be completed no later than March 17, 2021. However, any such deposition may not occur until after the filing of ArcherDX's answering brief, and no expert will be subject to more than one deposition in connection with claim construction (and such deposition may not exceed more than five hours). IT IS FURTHER ORDERED that Natera's Reply Brief shall be due on March 24, 2021; ArcherDX's Sur-Reply Brief shall be due on April 7, 2021; and the Joint Markman Brief shall be due on April 14, 2021. The Court's ruling is based on its determination of what is fair and reasonable to both sides and also what is most likely to put the parties in the best position to be most helpful to the Court in resolving the claim construction disputes. ORDERED by Judge Leonard P. Stark on 2/19/21. (ntl)
February 18, 2021 Filing 144 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Reply Letter Brief in Support of Motion - re #138 MOTION for Expedited Relief regarding Claim Construction Deposition . (Farnan, Brian)
February 17, 2021 Filing 143 NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: #1 Exhibits 1-12)(Farnan, Brian)
February 17, 2021 Filing 142 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Opposition to Defendants' Motion for Expedited Relief regarding Claim Construction Deposition and February 16, 2021 Letter - re #139 Letter, #138 MOTION for Expedited Relief regarding Claim Construction Deposition . (Attachments: #1 Exhibits A-C)(Fahnestock, Derek)
February 16, 2021 Filing 141 NOTICE OF SERVICE of (i) Defendants' Responses and Objections to Natera's Fourth Set of Requests for Production (Nos. 136-139) and (ii) Defendants' Objections and Responses to Interrogatory 2 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
February 16, 2021 Filing 140 ORAL ORDER: Having reviewed Defendants' Motion for Expedited Relief (D.I. 138) and letter in support (D.I. 139), IT IS HEREBY ORDERED that Plaintiff shall respond, by letter brief not to exceed three pages, by tomorrow at 5pm. Defendants may submit a reply letter, not to exceed two pages, by February 18, 2021 at noon. ORDERED by Judge Leonard P. Stark on 2/16/21. (ntl)
February 16, 2021 Filing 139 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Opening Letter Brief in Support of Motion - re #138 MOTION for Expedited Relief regarding Claim Construction Deposition . (Farnan, Brian)
February 16, 2021 Filing 138 MOTION for Expedited Relief regarding Claim Construction Deposition - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: #1 Rule 7.1.1 Certification)(Farnan, Brian)
February 10, 2021 Filing 137 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
February 10, 2021 Filing 136 NOTICE OF SERVICE of Defendants' Fourth Set of Interrogatories (No. 11) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
February 9, 2021 Filing 135 NOTICE OF SERVICE of Natera, Inc.'s Fourth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
February 9, 2021 Filing 134 ANSWER to #128 Answer to Amended Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek)
February 5, 2021 Filing 133 ANSWER to Amended Complaint, re: #116 Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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, Michael)
February 4, 2021 Filing 132 NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9] filed by Natera, Inc..(Fahnestock, Derek)
February 3, 2021 Filing 131 NOTICE OF SERVICE of (1) Natera, Inc.'s Opening Markman Brief and (2) Expert Declaration of John Quackenbush, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
February 3, 2021 Filing 130 NOTICE of filing the following Non-Paper material(s) in multi media format: two discs containing AcherDx's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of ArcherDX, Inc. (Farnan, Brian)
February 3, 2021 Filing 129 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Plaintiff Natera, Inc.'s Technology Tutorial. (Fahnestock, Derek)
January 26, 2021 Filing 128 ANSWER to Amended Complaint, re: #116 Amended Complaint with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc..(Farnan, Michael)
January 20, 2021 Filing 127 CLAIM Construction Chart by Natera, Inc.. (Attachments: #1 Exhibits B-F, #2 Exhibits G-O, #3 Exhibits P-Z, #4 Exhibits AA-KK, #5 Exhibits LL-MM, #6 Exhibit NN, #7 Exhibit OO, #8 Exhibits PP-QQ, #9 Exhibits RR-ZZ, #10 Exhibits AAA-HHH, #11 Exhibits III-MMM)(Fahnestock, Derek)
January 19, 2021 Filing 126 NOTICE OF SERVICE of (i) ArcherDX, Inc.'s Objections and Responses to Natera's Second Set of Interrogatories (No. 14) and (ii) ArcherDX, Inc.'s Responses and Objections to Natera's Third Set of Requests for Production (Nos. 121135) filed by ArcherDX, Inc..(Farnan, Brian)
January 19, 2021 Filing 125 SO ORDERED, re #123 Joint Submission Regarding Discovery Schedule Pursuant to the Court's January 12, 2021 Oral Order. Signed by Judge Leonard P. Stark on 1/19/21. (ntl)
January 15, 2021 Filing 124 NOTICE OF SERVICE of (1) Natera, Inc.'s Fourth Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 136-139) and (2) Natera, Inc.'s First Set of Interrogatories to ArcherDX, Inc. (No. 2) filed by Natera, Inc..(Fahnestock, Derek)
January 15, 2021 Filing 123 Joint STATUS REPORT [Joint Submission Regarding Discovery Schedule Pursuant to the Court's January 12, 2021 Oral Order] by Natera, Inc.. (Fahnestock, Derek)
January 15, 2021 Filing 122 REDACTED VERSION of #112 Declaration by ArcherDX, Inc.. (Farnan, Brian)
January 15, 2021 Filing 121 REDACTED VERSION of #111 Letter,,, by ArcherDX, Inc.. (Attachments: #1 Exhibits 1-41)(Farnan, Brian)
January 15, 2021 Filing 120 SUMMONS Returned Executed by Natera, Inc.. Invitae Corporation served on 1/15/2021, answer due 2/5/2021. (Fahnestock, Derek)
January 15, 2021 Filing 119 SUMMONS Returned Executed by Natera, Inc.. ArcherDX, LLC served on 1/15/2021, answer due 2/5/2021. (Fahnestock, Derek)
January 14, 2021 Filing 118 REDACTED VERSION of #109 Letter by Natera, Inc.. (Attachments: #1 Exhibits 1-7)(Fahnestock, Derek)
January 12, 2021 Filing 117 NOTICE OF SERVICE of Natera, Inc.'s Third Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
January 12, 2021 Filing 116 Second AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-42)(Fahnestock, Derek)
January 12, 2021 Filing 115 ORAL ORDER: Having reviewed the parties' filings relating to discovery disputes (see, e.g., D.I. 107, 109, 111, 114), IT IS HEREBY ORDERED that: (i) Archer's request for an order compelling Natera to respond to interrogatory No. 1 (regarding conception and reduction to practice of the patents-in-suit and names of inventors on a claim-by-claim basis) is GRANTED to the following extent: the Court finds that given the totality of circumstances - including the many patents, many claims, many inventors, lack of clarity as to what Natera believes are the dates of conception and reduction to practice or even who Natera believes are its inventors, all of which Natera must have had a good faith understanding of prior to suit, and all of which will need evolving clarity soon to permit this case to proceed efficiently - the parties need to figure out a schedule and procedure for Natera to disclose information (which the Court finds to be relevant and proportional to the needs of this case) while retaining on Archer the burden of proof and production with respect to invalidity. (See, e.g., D.I. 107 at 2-3) (citing cases); (ii) Archer's request to compel responses to interrogatory Nos. 3 (secondary considerations of non-obviousness), 4-5 (regarding damages), and 7 (bases for case being exceptional) is DENIED, as all of these seek discovery that is premature at this time, given Natera's commitment to continue supplementing and (eventually) disclose positions through expert reports; (iii) Natera's request for an order compelling a response to interrogatory No. 2 (relating to "every instance" of the use of accused products by Archer) is DENIED WITHOUT PREJUDICE to renew if Natera serves a narrower interrogatory and Archer continues to refuse to substantively and meaningfully respond; and (iv) Natera's request to compel production of certain core technical documents and documents responsive to certain requests for production is DENIED except to the extent that Archer shall produce such documents as soon as reasonable and feasible, on a rolling basis, without unnecessarily waiting for the deadline for substantial completion of production. The Court has also reviewed the submissions regarding Natera's motion to substitute and file an amended complaint. (See D.I. 79, 85, 94, 104) The motion (D.I. 78) is GRANTED to the extent it is not opposed (i.e., ArcherDX, LLC is substituted for ArcherDX, Inc., and Natera may file an amended complaint adding Invitae Corporation as an additional party). ArcherDX, Inc. shall remain a defendant. The Court will DENY the portion of the motion substituting Invitae Corp. for ArcherDX, Inc. Substitution under F.R.C.P. 25 is discretionary. Natera has failed to show that corporate formalities are not observed between parent corporation Invitae Corp. and subsidiary ArcherDX, LLC such that a transfer of interest from ArcherDX, Inc. to ArcherDX, LLC simultaneously constitutes a transfer of interest to Invitae Corp. In light of that finding, it is appropriate to preserve Invitae Corp.'s right to move to dismiss and assert defenses after Natera files its amended complaint (which Natera shall do in a timely manner). IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow, January 13, is CANCELLED and the parties shall meet and confer and, no later than January 15, submit a proposal for how they will comply with this Order. ORDERED by Judge Leonard P. Stark on 1/12/21. (ntl)
January 8, 2021 Filing 114 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Opposition to ArcherDX, Inc.'s Motion to Compel Discovery - re #107 Letter. (Attachments: #1 Exhibits 1-5)(Fahnestock, Derek)
January 8, 2021 Filing 113 NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibits 1-9 and 27 to Defendant's Response to Plaintiff's January 6, 2021 Letter. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of ArcherDX, Inc. (Farnan, Michael)
January 8, 2021 Filing 112 [SEALED] DECLARATION re #111 Letter,,, of Ryan Walters by ArcherDX, Inc.. (Farnan, Michael)
January 8, 2021 Filing 111 [SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to Plaintiff's January 6, 2021 Letter - re #109 Letter. (Attachments: #1 Exhibits 1-9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12 - Part 1 of 2, #5 Exhibit 12 - Part 2 of 2, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 22, #16 Exhibit 23, #17 Exhibit 24, #18 Exhibit 25, #19 Exhibit 26, #20 Exhibit 27, #21 Exhibit 28 - Part 1 of 2, #22 Exhibit 28 - Part 2 of 2, #23 Exhibit 29, #24 Exhibit 30, #25 Exhibit 31, #26 Exhibit 32, #27 Exhibit 33, #28 Exhibit 34, #29 Exhibit 35, #30 Exhibit 36, #31 Exhibit 37, #32 Exhibit 38, #33 Exhibit 39 - Part 1 of 2, #34 Exhibit 39 - Part 2 of 2, #35 Exhibit 40 - Part 1 of 2, #36 Exhibit 40 - Part 2 of 2, #37 Exhibit 41)(Farnan, Michael)
January 7, 2021 Filing 110 NOTICE OF SERVICE of (1) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s Second Set of Request for Production of Documents (Nos. 39-42) and (2) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s Third Set of Interrogatories [No. 10] filed by Natera, Inc..(Fahnestock, Derek)
January 6, 2021 Filing 109 [SEALED] Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request to compel - re 105 Order Setting Teleconference,,,,. (Attachments: #1 Exhibits 1-7)(Fahnestock, Derek)
January 6, 2021 Filing 108 NOTICE OF SERVICE of Defendant ArcherDX, Inc.'s Initial List of Claim Terms and Proposed Constructions filed by ArcherDX, Inc..(Farnan, Brian)
January 6, 2021 Filing 107 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian)
January 6, 2021 Filing 106 NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
December 30, 2020 Filing 105 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for January 13, 2021 at 2:30 p.m. The Court will also hear argument on the motion to substitute parties (D.I. 78). The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than January 6, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than January 8, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 12/30/2020. (ntl)
December 29, 2020 Filing 104 Letter to The Honorable Leonard P. Stark from Michael J. Farnan regarding Sur-Reply in Opposition to Natera's Motion to Substitute Parties and Motion to for Leave to Amend its Complaint. (Farnan, Michael)
December 29, 2020 Filing 103 ORAL ORDER: IT IS HEREBY ORDERED that #100 MOTION for Leave to File Sur-Reply filed by ArcherDX, Inc. is GRANTED as unopposed. ORDERED by Judge Leonard P. Stark on 12/29/20. (ntl)
December 28, 2020 Filing 102 NOTICE of Withdrawal of Opposition by Natera, Inc. re #100 MOTION for Leave to File Sur-Reply (Fahnestock, Derek)
December 28, 2020 Filing 101 NOTICE OF SERVICE of ArcherDX, Inc.'s Initial Invalidity Contentions filed by ArcherDX, Inc..(Farnan, Brian)
December 23, 2020 Filing 100 MOTION for Leave to File Sur-Reply - filed by ArcherDX, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 7.1.1)(Farnan, Brian)
December 18, 2020 Filing 99 Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
December 18, 2020 Filing 98 NOTICE OF SERVICE of ArcherDX, Inc.'s First Supplemental Objections and Responses to Interrogatories 1, 3-6, 8, and 13, and Third Supplemental Objections and Response to Interrogatory 2 filed by ArcherDX, Inc..(Farnan, Brian)
December 18, 2020 Filing 97 NOTICE OF SERVICE of Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9] filed by Natera, Inc..(Fahnestock, Derek)
December 17, 2020 Filing 96 NOTICE OF SERVICE of (1) Natera, Inc.'s Second Set of Interrogatories to ArcherDX, Inc. (No. 14) and (2) Natera, Inc.'s Third Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 121-135) filed by Natera, Inc..(Fahnestock, Derek)
December 17, 2020 Filing 95 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Teleconference - re #78 MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Fahnestock, Derek)
December 17, 2020 Filing 94 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Reply in Support of Letter Brief in Support of Natera, Inc.'s Motion to Substitute Parties and for Leave to Amend Its Complaint - re #79 Letter,. (Fahnestock, Derek)
December 16, 2020 Filing 93 NOTICE OF SERVICE of ArcherDX, Inc.'s Responses and Objections to Natera's Second Set of Requests for Production (Nos. 69-120) filed by ArcherDX, Inc..(Farnan, Brian)
December 16, 2020 Filing 92 NOTICE of Third Party Subpoena for Deposition and Documents to Thomas Jefferson University Hospitals, Inc. by Natera, Inc. (Fahnestock, Derek)
December 16, 2020 Filing 91 NOTICE of Third Party Subpoena for Deposition and Documents to SeraCare Life Sciences, Inc. by Natera, Inc. (Fahnestock, Derek)
December 16, 2020 Filing 90 NOTICE of Third Party Subpoena for Deposition and Documents to AstraZeneca Pharmaceuticals LP by Natera, Inc. (Fahnestock, Derek)
December 14, 2020 Filing 89 NOTICE of Third-Party Subpoena for Deposition and Documents to The Assay Depot Inc. by Natera, Inc. (Fahnestock, Derek)
December 14, 2020 Filing 88 NOTICE of Third-Party Subpoena for Deposition and Documents to Laboratory Corporation of America Holdings by Natera, Inc. (Fahnestock, Derek)
December 14, 2020 Filing 87 NOTICE of Third-Party Subpoena for Deposition and Documents to H3 Biomedicine, Inc. by Natera, Inc. (Fahnestock, Derek)
December 14, 2020 Filing 86 NOTICE of Third-Party Subpoena for Deposition and Documents to Genosity Inc. by Natera, Inc. (Fahnestock, Derek)
December 14, 2020 Filing 85 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Letter Brief in Response to Natera's Motion to Amend pursuant to Rule 15 and Motion to Substitute pursuant to Rule 25 - re #78 MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Farnan, Brian)
December 8, 2020 Filing 84 NOTICE OF SERVICE of (i) ArcherDX, Inc.'s Third Set of Interrogatories (No. 10) and (ii) ArcherDX, Inc.'s Second Set of Requests for Production (Nos. 39-42) filed by ArcherDX, Inc..(Farnan, Brian)
December 8, 2020 SO ORDERED, re #82 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant to respond to Natera, Inc.'s Motion to Substitute Parties and for Leave to File its Second Amended (Consolidated) Complaint and (ii) Plaintiff to file its Reply to (i) 12/14/20 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 12/8/20. (ntl)
December 7, 2020 Filing 83 Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
December 7, 2020 Filing 82 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant to respond to Natera, Inc.'s Motion to Substitute Parties and for Leave to File its Second Amended (Consolidated) Complaint and (ii) Plaintiff to file its Reply to (i) 12/14/2020 and (ii) 12/18/2020 - filed by ArcherDX, Inc.. (Farnan, Brian)
December 2, 2020 Filing 81 NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
December 1, 2020 Filing 80 Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
December 1, 2020 Filing 79 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Motion to Substitute Parties and for Leave to Amend its Complaint - re #78 MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Attachments: #1 Exhibits A-C)(Fahnestock, Derek)
December 1, 2020 Filing 78 MOTION to Substitute Party:, MOTION for Leave to File Second Amended (Consolidated) Complaint - filed by Natera, Inc.. (Attachments: #1 Exhibit A (Second Amended (Consolidated) Complaint and Exhibits 1-10), #2 Exhibit A (Exhibits 11-42 to Second Amended (Consolidated) Complaint), #3 Exhibit B (Redline))(Fahnestock, Derek)
November 25, 2020 Filing 77 NOTICE OF SERVICE of (1) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s First Set of Requests for Production of Documents (Nos. 1-38), and (2) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
November 25, 2020 Filing 76 NOTICE OF SERVICE of ArcherDX, Inc.'s Second Supplemental Objections and Responses to Interrogatory 2 filed by ArcherDX, Inc..(Farnan, Brian)
November 20, 2020 Filing 75 NOTICE OF SERVICE of ArcherDX, Inc.'s First Supplemental Objections and Responses to Interrogatory No. 2 filed by ArcherDX, Inc..(Farnan, Brian)
November 18, 2020 Filing 74 NOTICE OF SERVICE of ArcherDX, Inc.'s Second Set of Interrogatories (Nos. 8-9) filed by ArcherDX, Inc..(Farnan, Brian)
November 16, 2020 Filing 73 NOTICE OF SERVICE of Natera, Inc.'s Second Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 69-120) filed by Natera, Inc..(Fahnestock, Derek)
November 13, 2020 Filing 72 NOTICE OF SERVICE of Plaintiff Natera, Inc.'s Initial Claim Charts Relating Each Known Accused Product to the Asserted Claims Each Such Product Infringes filed by Natera, Inc..(Fahnestock, Derek)
October 27, 2020 SO ORDERED, re #69 Stipulated Protective Order. Signed by Judge Leonard P. Stark on 10/26/20. (ntl)
October 26, 2020 Filing 71 NOTICE OF SERVICE of (i) ArcherDX, Inc.'s First Set of Interrogatories (Nos. 1-7) and (ii) ArcherDX, Inc.'s First Set of Requests for Production (Nos. 1-38) filed by ArcherDX, Inc..(Farnan, Brian)
October 23, 2020 Filing 70 NOTICE OF SERVICE of ArcherDX, Inc.'s Initial Disclosures filed by ArcherDX, Inc..(Farnan, Brian)
October 23, 2020 Filing 69 Joint PROPOSED ORDER Stipulated Protective Order by Natera, Inc.. (Fahnestock, Derek)
October 19, 2020 SO ORDERED, re #68 STIPULATION TO EXTEND TIME to EXTEND the deadlines: (i) for Defendant to serve its initial disclosures and (ii) for the parties to file a proposed Protective Order to 10/23/2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 10/19/20. (ntl)
October 16, 2020 Filing 68 STIPULATION TO EXTEND TIME to EXTEND the deadlines: (i) for Defendant to serve its initial disclosures and (ii) for the parties to file a proposed Protective Order to 10/23/2020 - filed by ArcherDX, Inc.. (Farnan, Brian)
October 14, 2020 Filing 67 NOTICE OF SERVICE of Plaintiff's Natera, Inc.'s Initial Disclosures filed by Natera, Inc..(Fahnestock, Derek)
October 14, 2020 SO ORDERED, re #66 MOTION for Pro Hac Vice Appearance of Attorney Kaitlin Paulson filed by ArcherDX, Inc.. Signed by Judge Leonard P. Stark on 10/14/20. (ntl)
October 14, 2020 Pro Hac Vice Attorney Kaitlin Paulson for ArcherDX, 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)
October 13, 2020 Filing 66 MOTION for Pro Hac Vice Appearance of Attorney Kaitlin Paulson - filed by ArcherDX, Inc.. (Farnan, Brian)
October 13, 2020 Filing 65 NOTICE requesting Clerk to remove Keyna Chow, Charlotte C. Jacobsen, Filko Prugo, Matthew J. Rizzolo, and Jon T. Tanaka of Ropes & Gray LLP as co-counsel.. (Farnan, Brian)
October 13, 2020 Filing 64 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter - filed by ArcherDX, Inc.. (Farnan, Brian)
October 13, 2020 Filing 63 MEMORANDUM ORDER re #23 MOTION for Judgment on the Pleadings filed by ArcherDX, Inc. is DENIED. Signed by Judge Leonard P. Stark on 10/13/20. (ntl)
October 13, 2020 SO ORDERED, re #64 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 10/13/20. (ntl)
October 13, 2020 Pro Hac Vice Attorneys Edward R. Reines and Derek C. Walter for ArcherDX, 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)
October 9, 2020 Filing 62 NOTICE OF SUBSTITUTION OF COUNSEL re ArcherDX, Inc.: Entry of appearance of attorney Brian E. Farnan. Attorney McCarter & English LLP terminated. (Farnan, Brian)
October 9, 2020 Filing 61 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before 10/30/20 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 10/9/20. (cak)
October 9, 2020 Filing 60 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 7/9/2021. Status Report due by 5/7/2021. Dispositive Motions due by 1/17/2022. An Oral Argument is set for 3/22/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Joint Claim Construction Brief due by 3/31/2021. A Markman Hearing is set for 4/26/2021 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 4/29/2022. A Final Pretrial Conference is set for 5/6/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 5-day Jury Trial is set for 5/16/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 10/7/20. (ntl)
October 9, 2020 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)
October 5, 2020 Filing 59 Official Transcript of Judge's Opinion of 9/30/20 En Banc Section 101 Hearing held on October 2, 2020 before Chief Judge Leonard P. Stark and Magistrate Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered and purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/26/2020. Redacted Transcript Deadline set for 11/5/2020. Release of Transcript Restriction set for 1/4/2021. (bpg)
October 2, 2020 Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Jennifer L. Hall - Telephone Conference held on 10/2/2020. (Court Reporter B. Gaffigan.) (ntl)
October 2, 2020 Filing 58 PROPOSED ORDER [Proposed] Scheduling Order by Natera, Inc.. (Attachments: #1 Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
October 1, 2020 Filing 57 Official Transcript of En Banc Telephonic Section 101 Hearing held on September 30, 2020 before Chief Judge Leonard P. Stark and Magistrate Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/22/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/30/2020. (bpg)
September 30, 2020 Filing 56 ORAL ORDER: Having heard argument on the "101 Day" motions today in the VMware case (C.A. No. 20-272), the Natera case (C.A. No. 20-125), and the Ameranth case (C.A. No. 20-518), IT IS HEREBY ORDERED that a further teleconference is scheduled for Friday, October 2, 2020, at 4:00 p.m. The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/30/20. (ntl)
September 30, 2020 Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Jennifer L. Hall - Argument by Telephone Conference held on 9/30/2020. (Court Reporter B. Gaffigan.) (ntl)
September 28, 2020 Filing 55 Official Transcript of Telephone Conference held on September 25, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020.
September 25, 2020 Filing 54 ORAL ORDER: IT IS HEREBY ORDERED that at the September 30, 2020 "101 Day" motions hearing teleconference beginning at 9:30 a.m., the VMware case (C.A. No. 20-272) will be argued first and each side will have 20 minutes for its argument; the Natera case (C.A. No. 20-125) will be argued second and each side will have 30 minutes for its argument (the parties should be prepared to argue all issues raised in the 12(c) motion); and the Ameranth case (C.A. No. 20-518) will be argued third and each side will have 20 minutes for argument. Having reviewed the briefing and the record as well as the parties' time requests, the Court finds that these time allocations are reasonable and more than sufficient to allow each party to be fully and fairly heard and will enable the Court to have its questions answered. Counsel are reminded that each party must be represented throughout the entirety of the hearing (9:30 am to 5:00 pm) as additional questions may be asked of any party at times other than during its initially scheduled time. IT IS FURTHER ORDERED that any demonstratives or other materials a party wishes to refer to at the hearing must be submitted to the Court no later than 1:00 pm on Tuesday, September 29, 2020. The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/25/20. (ntl)
September 25, 2020 Filing 53 REMARK: ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 20-125-LPS ONLY. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
September 25, 2020 Filing 52 SO ORDERED, re (15 in 1:20-cv-01047-LPS, 46 in 1:20-cv-00125-LPS) STIPULATION and Order Regarding Case Consolidation. Signed by Judge Leonard P. Stark on 9/25/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
September 25, 2020 Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 9/25/2020. (Court Reporter B. Gaffigan.) Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
September 24, 2020 Filing 51 ORAL ORDER: IT IS HEREBY ORDERED that the Telephone Conference on September 25 will begin at 1:00 PM. ORDERED by Judge Leonard P. Stark on 9/24/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
September 17, 2020 Pro Hac Vice Attorney Jodi Benassi 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 case:20-cv1047 (myr)
September 16, 2020 Filing 50 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Response to the Court's Section 101 Motions Pre-Hearing Checklist - re #44 Order Setting Teleconference,. (Fahnestock, Derek)
September 16, 2020 Filing 49 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Letter Brief - re #44 Order Setting Teleconference,. (Silver, Daniel)
September 11, 2020 Filing 48 NOTICE OF SERVICE of ArcherDX, Inc.s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by ArcherDX, Inc..(Silver, Daniel)
September 11, 2020 Filing 47 ORAL ORDER: IT IS HEREBY ORDERED that a Rule 16 scheduling teleconference has been scheduled for September 25, 2020 at 11:00 a.m. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/11/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
September 11, 2020 Pro Hac Vice Attorney Mandy H. Kim 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)
September 10, 2020 Filing 46 Proposed STIPULATION and Order Regarding Case Consolidation by Natera, Inc.. (Attachments: #1 Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
September 10, 2020 SO ORDERED, re (45 in 1:20-cv-00125-LPS, 14 in 1:20-cv-01047-LPS) MOTION for Pro Hac Vice Appearance of Attorney Mandy H. Kim and Jodi Benassi filed by Natera, Inc. Signed by Judge Leonard P. Stark on 9/10/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
September 9, 2020 Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Mandy H. Kim and Jodi Benassi - filed by Natera, Inc.. (Fahnestock, Derek)
September 2, 2020 Filing 44 ORDER: IT IS HEREBY ORDERED that argument on Sec. 101 motions will be heard at a combined hearing (remotely via teleconference) on September 30, 2020 at 9:30 AM before Judge Leonard P. Stark and Judge Jennifer L. Hall. Signed by Judge Leonard P. Stark on 9/2/20. (ntl)
September 1, 2020 Filing 43 NOTICE OF SERVICE of (1) ArcherDX, Inc.s Objections and Responses to Natera, Inc.s First Set of Requests for Production of Documents (Nos. 1-68) and (2) ArcherDX, Inc.s Objections and Responses to Natera, Inc.s First Set of Interrogatories (Nos. 1-13) filed by ArcherDX, Inc..(Joyce, Alexandra)
August 26, 2020 Filing 42 NOTICE OF SERVICE of Natera, Inc.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Natera, Inc..(Fahnestock, Derek)
August 11, 2020 Filing 41 NOTICE OF SERVICE of Plaintiff's Natera, Inc.'s Disclosures of Accused Products, Damages Model, Asserted Patents and File Histories filed by Natera, Inc..(Fahnestock, Derek)
August 6, 2020 Pro Hac Vice Attorney Charlotte C. Jacobsen for ArcherDX, 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)
August 5, 2020 Filing 40 NOTICE of of Subsequent Authority by ArcherDX, Inc. re #23 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Silver, Daniel)
August 5, 2020 Filing 39 REQUEST for Oral Argument by ArcherDX, Inc. re #23 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim. (Silver, Daniel)
August 4, 2020 Filing 38 NOTICE of Subsequent Authority by Natera, Inc. re #27 Answering Brief in Opposition, (Attachments: #1 Exhibits 1-2)(Fahnestock, Derek)
July 31, 2020 Filing 37 NOTICE OF SERVICE of (1) Natera, Inc.'s First Set of Interrogatories to ArcherDx, Inc. (Nos. 1-13); and (2) Natera, Inc.'s First Set of Requests for Production of Documents to ArcherDx, Inc. (Nos. 1-68) filed by Natera, Inc..(Fahnestock, Derek)
July 30, 2020 Filing 36 REPLY BRIEF re #23 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by ArcherDX, Inc.. (Silver, Daniel)
July 30, 2020 Filing 35 STATEMENT re #28 Statement, Defendant ArcherDX's Opposition to Plaintiffs' Request for Judicial Notice In Support of Its Opposition to Defendant's Motion for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) by ArcherDX, Inc.. (Silver, Daniel)
July 27, 2020 Filing 34 PROPOSED ORDER [Proposed] Scheduling Order by Natera, Inc.. (Attachments: #1 Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
July 21, 2020 Filing 33 NOTICE requesting Clerk to remove Gary Frischling, Y. John Lu, Lauren Drake, David Kim and the Law Firm of Milbank LLP as co-counsel.. (Fahnestock, Derek)
July 20, 2020 Filing 32 ORAL ORDER: Having reviewed the parties' letters of July 15, IT IS HEREBY ORDERED that a proposed schedule is due within 7 days of the date of this Order. ORDERED by Judge Leonard P. Stark on 7/20/20. (ntl)
July 20, 2020 SO ORDERED, re #29 STIPULATION TO EXTEND TIME the Deadline for Defendant ArcherDX to File Its Reply In Support of Its Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim to July 30, 2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 7/20/20. (ntl)
July 15, 2020 Filing 31 Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Opposition to entry of a case schedule - re #30 Letter. (Silver, Daniel)
July 15, 2020 Filing 30 Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Plaintiff's Request for the Court to enter an Order Requiring Submission of a Proposed Scheduling Order. (Fahnestock, Derek)
July 13, 2020 Filing 29 STIPULATION TO EXTEND TIME the Deadline for Defendant ArcherDX to File Its Reply In Support of Its Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim to July 30, 2020 - filed by ArcherDX, Inc.. (Joyce, Alexandra)
July 9, 2020 Filing 28 STATEMENT re #27 Answering Brief in Opposition, [Natera Inc.'s Request for Judicial Notice in Support of its Opposition to Defendant's Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim] by Natera, Inc.. (Attachments: #1 Exhibits 1-5)(Fahnestock, Derek)
July 9, 2020 Filing 27 ANSWERING BRIEF in Opposition re #23 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Natera, Inc..Reply Brief due date per Local Rules is 7/16/2020. (Fahnestock, Derek)
July 8, 2020 Pro Hac Vice Attorney Bhanu K. Sadasivan and William G. Gaede, III 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. (mal)
July 7, 2020 SO ORDERED, re #26 MOTION for Pro Hac Vice Appearance of Attorney William G. Gaede, III and Bhanu K. Sadasivan filed by Natera, Inc. Signed by Judge Leonard P. Stark on 7/7/20. (ntl)
July 6, 2020 Filing 26 MOTION for Pro Hac Vice Appearance of Attorney William G. Gaede, III and Bhanu K. Sadasivan - filed by Natera, Inc.. (Fahnestock, Derek)
June 12, 2020 SO ORDERED, re #25 STIPULATION TO EXTEND TIME to Respond to Defendant ArcherDx, Inc.'s Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (D.I. 23) to July 9, 2020 filed by Natera, Inc. Signed by Judge Leonard P. Stark on 6/12/20. (ntl)
June 11, 2020 Filing 25 STIPULATION TO EXTEND TIME to Respond to Defendant ArcherDx, Inc.'s Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (D.I. 23) to July 9, 2020 - filed by Natera, Inc.. (Fahnestock, Derek)
June 4, 2020 Filing 24 OPENING BRIEF in Support re #23 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by ArcherDX, Inc..Answering Brief/Response due date per Local Rules is 6/18/2020. (Joyce, Alexandra)
June 4, 2020 Filing 23 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim - filed by ArcherDX, Inc.. (Attachments: #1 Proposed Order)(Joyce, Alexandra)
June 3, 2020 Filing 22 ANSWER to #21 Answer to Amended Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek)
May 13, 2020 Filing 21 ANSWER to Amended Complaint, re: #17 Amended Complaint with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc.. (Attachments: #1 Exhibits 1-8)(Silver, Daniel)
April 22, 2020 SO ORDERED, re #20 STIPULATION TO EXTEND TIME Defendant's Deadline to Answer, Move or Otherwise Respond to the First Amended Complaint for Patent Infringement to Wednesday, May 13, 2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 4/22/20. (ntl)
April 21, 2020 Filing 20 STIPULATION TO EXTEND TIME Defendant's Deadline to Answer, Move or Otherwise Respond to the First Amended Complaint for Patent Infringement to Wednesday, May 13, 2020 - filed by ArcherDX, Inc.. (Silver, Daniel)
April 16, 2020 Pro Hac Vice Attorney Gary N. Frischling 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)
April 15, 2020 Filing 19 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,557,172 B2 ;10,590,482 B2 ;10,597,708 B2 . (Fahnestock, Derek)
April 15, 2020 Filing 18 ANSWER to #14 Answer to Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek)
April 15, 2020 Filing 17 First AMENDED COMPLAINT for Patent Infringement against ArcherDX, Inc.- filed by Natera, Inc.. (Attachments: #1 Exhibits 1-3, #2 Exhibit 4, #3 Exhibits 5-32)(Fahnestock, Derek)
April 15, 2020 Pro Hac Vice Attorney Lauren N. Drake 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)
March 27, 2020 Pro Hac Vice Attorney Matthew J. Rizzolo for ArcherDX, 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)
March 27, 2020 Pro Hac Vice Attorney Filko Prugo, Jon T Tanaka, Keyna Chow for ArcherDX, 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)
March 26, 2020 Filing 16 NOTICE of Appearance by Alexandra M. Joyce on behalf of ArcherDX, Inc. (Joyce, Alexandra)
March 26, 2020 SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo filed by ArcherDX, Inc., #13 MOTION for Pro Hac Vice Appearance of Attorney Jon T. Tanaka and Keyna Chow filed by ArcherDX, Inc., #10 MOTION for Pro Hac Vice Appearance of Attorney David Kim filed by Natera, Inc. Signed by Judge Leonard P. Stark on 3/26/20. (ntl)
March 25, 2020 Filing 15 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ArcherDX, Inc.. (Silver, Daniel)
March 25, 2020 Filing 14 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc.. (Attachments: #1 Exhibits 1-6)(Silver, Daniel)
March 24, 2020 Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Jon T. Tanaka and Keyna Chow - filed by ArcherDX, Inc.. (Attachments: #1 Certifications for Jon T. Tanaka and Keyna Chow)(Silver, Daniel)
March 20, 2020 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo - filed by ArcherDX, Inc.. (Attachments: #1 Certification of Filko Prugo, #2 Certification of Charlotte Jacobsen, #3 Certification of Matthew J. Rizzolo)(Silver, Daniel)
March 19, 2020 Filing 11 NOTICE OF SUBSTITUTION OF COUNSEL re ArcherDX, Inc.: Entry of appearance of attorney Daniel M. Silver. Attorney John W. Shaw terminated. (Silver, Daniel)
March 18, 2020 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney David Kim - filed by Natera, Inc.. (Fahnestock, Derek)
March 18, 2020 Filing 9 NOTICE requesting Clerk to remove Jordan Markham as co-counsel.. (Fahnestock, Derek)
February 13, 2020 SO ORDERED, re #8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the complaint to March 25, 2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 2/13/20. (ntl)
February 12, 2020 Filing 8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the complaint to March 25, 2020 - filed by ArcherDX, Inc.. (Shaw, John)
February 6, 2020 SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Gary Frischling, Yite John Lu, Lauren Drake and Jordan P. Markham filed by Natera, Inc. Signed by Judge Leonard P. Stark on 2/6/20. (ntl)
February 4, 2020 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Gary Frischling, Yite John Lu, Lauren Drake and Jordan P. Markham - filed by Natera, Inc.. (Fahnestock, Derek)
February 3, 2020 Filing 6 Alias SUMMONS Returned Executed by Natera, Inc.. ArcherDX, Inc. served on 2/3/2020, answer due 2/24/2020. (Blumenfeld, Jack)
February 3, 2020 Summons Reissued with Magistrate Consent Notice attached as to ArcherDX, Inc.. (nmg)
January 29, 2020 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
January 27, 2020 Filing 5 SUMMONS Returned Executed by Natera, Inc.. ArcherDX, Inc. served on 1/27/2020, answer due 2/18/2020. (Blumenfeld, Jack)
January 27, 2020 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Natera, Inc. (myr)
January 27, 2020 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,538,814 B2. (myr)
January 27, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
January 27, 2020 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ArcherDX, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2835659.) - filed by Natera, Inc. (Attachments: #1 Exhibit 1-11, #2 Civil Cover Sheet)(myr)
January 27, 2020 Summons Issued with Magistrate Consent Notice attached as to ArcherDX, Inc. on 1/27/2020. 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. (myr)

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Search for this case: Natera, Inc. v. ArcherDX, Inc.
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Plaintiff: Natera, Inc.
Represented By: Derek James Fahnestock
Represented By: Anthony David Raucci
Represented By: Jack B. Blumenfeld
Represented By: Bhanu K. Sadasivan
Represented By: Gary N. Frischling
Represented By: Jodi Benassi
Represented By: Lauren N. Drake
Represented By: Mandy H. Kim
Represented By: William G. Gaede, III
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Defendant: ArcherDX, Inc.
Represented By: Matthew J. Rizzolo
Represented By: Keyna Chow
Represented By: Filko Prugo
Represented By: Jon T. Tanaka
Represented By: Daniel M. Silver
Represented By: Alexandra M. Joyce
Represented By: John W. Shaw
Represented By: Brian E. Farnan
Represented By: Charlotte C. Jacobsen
Represented By: Christopher T. Marando
Represented By: Concord Cheung
Represented By: Derek C. Walter
Represented By: Edward R. Reines
Represented By: Kaitlin Paulson
Represented By: Michael J. Farnan
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Defendant: ArcherDX, LLC
Represented By: Brian E. Farnan
Represented By: Christopher T. Marando
Represented By: Concord Cheung
Represented By: Michael J. Farnan
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Defendant: Invitae Corporation
Represented By: Brian E. Farnan
Represented By: Christopher T. Marando
Represented By: Michael J. Farnan
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