NATERA, INC. v. NEOGENOMICS LABORATORIES, INC.
| NATERA, INC. |
| NEOGENOMICS LABORATORIES, INC. |
| 1:2023cv00629 |
| July 28, 2023 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
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Filing 154
Transcript of Proceedings held on 11/9/2023, before Judge Catherine C. Eagles. Court Reporter Briana L. Chesnut, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 12/14/2023. Redacted Transcript Deadline set for 12/22/2023. Release of Transcript Restriction set for 2/20/2024. (bc)
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Filing 153
SEALED UNREDACTED DOCUMENTS Unredacted Opp. to Neo FRCP 37 Motion to Bind Natera to An Incorrect Conception Date, and Unredacted Exhibits 1 and 9 thereto filed by Plaintiff NATERA, INC. re #132 Motion to Seal, #152 Response in Opposition to Motion,, #142 Motion to Seal,,. (Attachments: #1 Exhibit 1. FILED UNDER SEAL, #2 Exhibit 2. NeoGenomics' 30(b)(6) Depo Notice, #3 Exhibit 3. 30(b)(6) Witness Designations, #4 Exhibit 4. Natera Doc Prod Emails, #5 Exhibit 5. 9.28 Reines Email, #6 Exhibit 6. 10.16 Harris Email, #7 Exhibit 7. Zimmermann Decl. (11.17.2023), #8 Exhibit 8. Srinivasan Email, #9 Exhibit 9. FILED UNDER SEAL, #10 Exhibit 10. Srinivasan Decl.)(VAN ARNAM, ROBERT)
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Filing 152
RESPONSE in Opposition re #137 MOTION NeoGenomics' Motion to Bind Natera to its Asserted Conception Date in its Court-Ordered Discovery Response filed by NEOGENOMICS LABORATORIES, INC. filed by NATERA, INC.. Replies due by 11/17/2023 (Attachments: #1 Exhibit 1. FILED UNDER SEAL, #2 Exhibit 2. NeoGenomics' 30(b)(6) Depo Notice, #3 Exhibit 3. 30(b)(6) Witness Designations, #4 Exhibit 4. Natera Doc Prod Emails, #5 Exhibit 5. 9.28 Reines Email, #6 Exhibit 6. 10.16 Harris Email, #7 Exhibit 7. Zimmermann Decl. (11.17.2023), #8 Exhibit 8. Srinivasan Email, #9 Exhibit 9. FILED UNDER SEAL, #10 Exhibit 10. Srinivasan Decl.)(VAN ARNAM, ROBERT)
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Filing 151
NOTICE by NEOGENOMICS LABORATORIES, INC. regarding witnesses it may call during PI Hearing (REINES, EDWARD)
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TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 11/16/23. To assist the Court, each party SHALL file proposed findings of fact and conclusions of law by 8:00 a.m. on December 1, 2023, directed to the likelihood of success on the merits element of a preliminary injunction. They may address the other factors, but that is not required. Each statement of fact should be followed by citation(s) to the docket supporting the finding, using the CM/ECF docket numbering and pagination in the following format: Doc. [ENTRY #] at [PAGE #] or Doc. [Entry #] at paragraph [#], i.e., Doc. 4 at 6 or Doc. 7 at paragraph 8. To the extent a party relies on testimony at the hearing, no cite to a transcript is required but the party SHALL identify the witness and SHALL also cite the place in the record where other factual support is found. Each party SHALL provide a copy in Word format to the case manager. (rw) Modified on 11/16/2023 to reflect the correct date, which is December 1, 2023. (rw).
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Filing 150
NOTICE by NATERA, INC. regarding witnesses it may call during PI Hearing (SHORES, ANDREW)
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Motions Submitted: #130 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Strike Affirmative Defenses, #132 MOTION to Seal Unredacted Memorandum in Support of Motion to Dismiss Fifth Counterclaim and Strike Affirmative Defenses 10 & 11 [If the party filing this motion is not the party claiming confidentiality, the party claiming conf to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw)
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Filing 149
SEALED UNREDACTED DOCUMENTS Reply Brief in Support of Motion to Dismiss and Strike Affirmative Defenses filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC., Counter Claimant NEOGENOMICS LABORATORIES, INC. re #132 Motion to Seal, #130 Motion to Dismiss for Failure to State a Claim. (VAN ARNAM, ROBERT)
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Filing 148
REPLY, filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC., to Response to #130 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Strike Affirmative Defenses filed by NATERA, INC.. (VAN ARNAM, ROBERT)
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Minute Entry for proceedings held before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES: Tutorial Hearing held on 11/9/2023. Attorneys Sandara Haberny, Tara Srinivasan, Robert Van Arnman and In House Counsel Sean Boyle present as counsel for plaintiff. Attorneys Elizabeth Ryan, John Morrow appeared in person, Attorney Edward Reienes appeaed via VTC as counsel for defendant. Plaintiff shall file response to Doc. #137 on 11/17/2023, no reply allowed. (Court Reporter Briana Chesnut.) (Winchester, Robin)
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Filing 147
RESPONSE in Opposition re #130 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Strike Affirmative Defenses filed by NATERA, INC. filed by NEOGENOMICS LABORATORIES, INC.. Replies due by 11/20/2023 (REINES, EDWARD)
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Filing 146
ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 11/06/2023. To assist the Court in evaluating the pending motions to seal and in locating evidence easily, the parties SHALL work together cooperatively to prepare and the plaintiff SHALL file on the public docket, no later than November 30, 2023, a Joint Submission in aid of the pending motions to seal. The Joint Submission SHALL contain the following information in chart form, organized by the substantive motion at issue and listing each document subject to a pending motion to seal: The name of the document or summary identification of document (i.e., Brief in opposition to motion for preliminary injunction, or 10/16/23 Beitsch Letter); the location of the public redacted version or slip sheet (i.e., Doc. 103-5), the location of the temporarily-sealed unredacted version (i.e., Doc. 111-3); and the docket number of the motion to seal applicable to the document. For a somewhat similar example, see Seaman v. Duke, 15cv462, at Doc. 169. If the parties prefer, they can organize these charts by motion to seal, so long as the chart makes it clear what substantive motion(s) the documents and briefs relate to. If the parties have a better idea on how to present this information, the Court is open to suggestion. (Taylor, Abby)
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Filing 145
SEALED UNREDACTED DOCUMENTS filed by Plaintiff NATERA, INC., Defendant NEOGENOMICS LABORATORIES, INC. re #141 Declaration. (Attachments: #1 Exhibit 1 - Transcript of BrianVanNess) (VAN ARNAM, ROBERT)
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Filing 144
SEALED UNREDACTED DOCUMENTS filed by Plaintiff NATERA, INC., Defendant NEOGENOMICS LABORATORIES, INC. re #139 Reply to Response to Motion. (Attachments: #1 Exhibit 1 - NAT-NEO-00884440, #2 Exhibit 2 - NAT-NEO-00574046, #3 Exhibit 3 - NAT-NEO-00774804, #4 Exhibit 4 - Zimmermann Depo Tr, #5 Exhibit 5 - Malackowski Depo Tr, #6 Exhibit 6 - Discovery Responses, #7 Exhibit 7 - Sikri Depo Tr, #8 Exhibit 8 - Email) (VAN ARNAM, ROBERT)
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Filing 143
MEMORANDUM filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC. re #142 MOTION to Seal Reply in Support of its Motion for Preliminary Injunction Exhibits 1-8 attached to Nateras Reply, portions of the Reply Declaration of Dr. Michael L. Metzker, Ph.D, and Exhibit 1 attached to the Metzker Declaration filed by NATERA, INC.. (VAN ARNAM, ROBERT)
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Filing 142
MOTION to Seal Reply in Support of its Motion for Preliminary Injunction Exhibits 1-8 attached to Nateras Reply, portions of the Reply Declaration of Dr. Michael L. Metzker, Ph.D, and Exhibit 1 attached to the Metzker Declaration [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by NATERA, INC.. Response to Motion due by 11/20/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 141
DECLARATION filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC. re #139 Reply to Response to Motion,, OF DR. MICHAEL METZKER filed by NATERA, INC.. (Attachments: #1 Exhibit 1 - FILED UNDER SEAL - Transcript of BrianVanNess, #2 Exhibit 2 - Cell-free DNA challenges, #3 Exhibit 3 - Field guide to next-generation DNA sequencers, #4 Exhibit 4 - Detection of ultra-rare mutations by next-generation sequencing, #5 Exhibit 5 - Kinde2011Paper, #6 Exhibit 6 - Metzker2006PCRChapter, #7 Exhibit 7 - Gilles2011Paper, #8 Exhibit 8 - Metzker2010Review, #9 Exhibit 9 - Kuleshov2014Paper, #10 Exhibit 10 - GenomeWeb, #11 Exhibit 11 - Protocol, #12 Exhibit 12 - NeoGenomics_Announces_Medicare_Coverage)(VAN ARNAM, ROBERT)
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Filing 140
DECLARATION filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC. re #139 Reply to Response to Motion,, of Robert L. Stoll filed by NATERA, INC.. (Attachments: #1 Exhibit A - CV, #2 Exhibit B - Supplemental Application Data Sheet)(VAN ARNAM, ROBERT)
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Filing 139
REPLY, filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC., to Response to #5 MOTION for Preliminary Injunction Redacted filed by NATERA, INC.. (Attachments: #1 Exhibit 1 - FILED UNDER SEAL, #2 Exhibit 2 - FILED UNDER SEAL, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - FILED UNDER SEAL - Zimmermann Depo Tr, #5 Exhibit 5 - FILED UNDER SEAL - Malackowski Depo Tr, #6 Exhibit 6 - FILED UNDER SEAL - Discovery Responses, #7 Exhibit 7 - FILED UNDER SEAL - Sikri Depo Tr, #8 Exhibit 8 - FILED UNDER SEAL - Email)(VAN ARNAM, ROBERT)
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Filing 138
MEMORANDUM filed by Defendant NEOGENOMICS LABORATORIES, INC. re #137 MOTION to Bind Natera to its Asserted Conception Date in its Court-Ordered Discovery Response filed by NEOGENOMICS LABORATORIES, INC.. (Attachments: #1 Exhibit 1- (2023-09-25) Natera's 1st Supp Resps &Objs to NeoGenomics Rogs Nos. 1 and 5, #2 Exhibit 2 - (2023-10-26) Natera's 2nd Supp Resp & Objs to Rog No. 1, #3 Exhibit 3 - (2023-09-15) NAT-NEO-00534995-NAT-NEO-00883917, #4 Exhibit 4 - (2023-09-21) NAT-NEO-00884055-NAT-NEO-00887706)(MORROW, JOHN)
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Filing 137
MOTION to Bind Natera to its Asserted Conception Date in its Court-Ordered Discovery Response by NEOGENOMICS LABORATORIES, INC. Response to Motion due by 11/24/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(MORROW, JOHN)
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TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 11/3/23. The motion, Doc. #136 , is GRANTED to this extent: The Clerk will make arrangements for Mr. Reines to attend the hearing remotely, with such audio and video access as the Clerk can easily arrange. But the Court will only hear from counsel who are present in person, which works better logistically and substantively than mixed in-person/remote hearings. There are plenty of capable attorneys for the defendant and this hearing date has been set aside for weeks. (Winchester, Robin)
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Motions Submitted: #5 MOTION for Preliminary Injunction; #15 MOTION to Seal unredacted versions of the Declaration of Dr. Michael L. Metzker, the Declaration of Solomon Moshkevich, and the entirety of Exhibit F attached to the Moshkevich Declaration; #51 MOTION to Dismiss; #72 MOTION to Seal Ex. 3 - Supp. Response to ROG 2 filed in support of Opp. to Motion to Extend PI Schedule; #105 Motion to Seal [confidential portions of NeoGenomicss Opposition to Nateras Motion for Preliminary Injunction (Opposition), as well as the accompanying Declarations of Vishal Sikri, with attached Exhibits 7, 18, and 32, and James Malackowski to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Motions Submitted: #136 Unopposed Motion for Lead Counsel to Remotely Attend Tutorial Hearing to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (Winchester, Robin)
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Filing 136
Unopposed Motion for Lead Counsel to Remotely Attend Tutorial Hearing by NEOGENOMICS LABORATORIES, INC. (MORROW, JOHN)
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Filing 135
REPLY in Support re #51 MOTION to Dismiss filed by NEOGENOMICS LABORATORIES, INC.. Replies due by 11/16/2023 (MORROW, JOHN) Modified on 11/3/2023 to correct title of document (Winchester, Robin).
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Filing 134
SEALED UNREDACTED DOCUMENTS Unredacted Memo in Support of Motion to Dismiss Fifth Counterclaim and Motion to Strike Tenth and Eleventh Affirmative Defenses filed by Counter Defendant NATERA, INC., Plaintiff NATERA, INC., Defendant NEOGENOMICS LABORATORIES, INC., Counter Claimant NEOGENOMICS LABORATORIES, INC. re #131 Memorandum. (VAN ARNAM, ROBERT)
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Filing 133
MEMORANDUM filed by Counter Defendant NATERA, INC. re #127 MOTION to Seal Second Amended Answer, Affirmative Defenses & Counterclaims [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).], #132 MOTION to Seal Unredacted Memorandum in Support of Motion to Dismiss Fifth Counterclaim and Strike Affirmative Defenses 10 & 11 [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).], filed by NATERA, INC. (VAN ARNAM, ROBERT)
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Filing 132
MOTION to Seal Unredacted Memorandum in Support of Motion to Dismiss Fifth Counterclaim and Strike Affirmative Defenses 10 & 11 [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by NATERA, INC.. (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 131
MEMORANDUM filed by Counter Defendant NATERA, INC. re #130 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Strike Affirmative Defenses REDACTED filed by NATERA, INC.. (VAN ARNAM, ROBERT)
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Filing 130
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Strike Affirmative Defenses by NATERA, INC.. Response to Motion due by 11/6/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 129
NOTICE of Special Appearance by attorney AUGUST MELCHER on behalf of Defendant NEOGENOMICS LABORATORIES, INC., Counter Claimants NEOGENOMICS LABORATORIES, INC., NEOGENOMICS LABORATORIES, INC., NEOGENOMICS LABORATORIES, INC. ( Filing fee $ 25 receipt number ANCMDC-3681508.) (MELCHER, AUGUST)
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Filing 128
SEALED UNREDACTED DOCUMENTS Second Amended Answer, Affirmative Defenses & Counterclaims filed by Counter Defendants NATERA, INC., NATERA, INC., NATERA, INC., Plaintiff NATERA, INC., Defendant NEOGENOMICS LABORATORIES, INC., Counter Claimants NEOGENOMICS LABORATORIES, INC., NEOGENOMICS LABORATORIES, INC., NEOGENOMICS LABORATORIES, INC. re #126 Answer to Complaint, Counterclaim. (REINES, EDWARD)
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Filing 127
MOTION to Seal Second Amended Answer, Affirmative Defenses & Counterclaims [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by NEOGENOMICS LABORATORIES, INC.. Response to Motion due by 11/3/2023 (Attachments: #1 Proposed Order)(REINES, EDWARD)
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Filing 126
REDACTED SECOND AMENDED ANSWER to #1 Complaint with Jury Demand , Counterclaim against by NEOGENOMICS LABORATORIES, INC. (REINES, EDWARD) Modified on 10/23/2023 to clean up text. (Taylor, Abby).
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Filing 125
NOTICE of Special Appearance by attorney JOSHUA HIRAM HARRIS on behalf of Plaintiff NATERA, INC. ( Filing fee $ 25 receipt number BNCMDC-3677497.) (HARRIS, JOSHUA)
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Filing 124
SEALED UNREDACTED DOCUMENTS [DECLARATION OF JAMES E. MALACKOWSKI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #119 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 56 - Law360 - Natera Nets $19M Verdict In Cancer Test Patent Case_, #2 Exhibit 57 - Natera, Inc. v. Inivata, Inc - Complaint, #3 Exhibit 58 - 2022-05-31 - Natera to Present New Signatera Clinical Data Across Multiple Cancer Types - 2022 ASCO Meeting, #4 Exhibit 59 - _2023-10-02 - Natera Submits First PMA Module to the FDA for Signatera, #5 Exhibit 60 - GenomeWeb - About Us, #6 Exhibit 61 - 2023-09-12 - AlphaSense - Baird Global Healthcare Conference, #7 Exhibit 62 - (SEALED) AEO_2023-10-16 Beitsch Letter, #8 Exhibit 63 - Natera 2022 Annual Report and Form 10-K)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 123
SEALED UNREDACTED DOCUMENTS [DECLARATION OF JAMES E. MALACKOWSKI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #119 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 46 - Google Patents - US11519035B2, #2 Exhibit 47 - 023-05-08 - Trial Transcript Volume A - Natera v. ArcherDX_, #3 Exhibit 48 - (SEALED) AEO_Moshkevich 2023-09-22 Ex. 4-, #4 Exhibit 49 - (SEALED) AEO_Moshkevich 2023-09-22 Ex. 3, #5 Exhibit 50 - 2023-09-15 NeoGenomics Suppl Resps & Objs to Natera's 1st Set of Rogs (Nos. 1-3), #6 Exhibit 51 - 2022-01-11 NeoGenomics Announces RaDaR Assay Receives CE Mark, #7 Exhibit 52 - (SEALED) AEO_NAT-NEO-00729334, #8 Exhibit 53 - 2015-07-01 Natera Form S-1, #9 Exhibit 54 - Natera, Inc. v. ArcherDX, Inc Verdict Form, #10 Exhibit 55 - 020-01-14 - PRNewswire - ArcherDX Personalized Cancer Monitoring)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 122
SEALED UNREDACTED DOCUMENTS [DECLARATION OF JAMES E. MALACKOWSKI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #119 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 44 - _(SEALED) AEO_Malani 2023-10-02 Mini Depo, #2 Exhibit 45 - Google Patents - US11530454B2)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 121
SEALED UNREDACTED DOCUMENTS [DECLARATION OF JAMES E. MALACKOWSKI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #119 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 40 - DeciBio - ctDNA MRD and Monitoring Front and Center at ASCO 2022, #2 Exhibit 41 - Barrons - How Natera Is Defending Its Lead in a $15B Cancer-Testing Market, #3 Exhibit 42 - 2023-06-13 - FactSet CallStreet - Natera, Inc. - Goldman Sachs Global Healthcare Conference_Public, #4 Exhibit 43 - DeciBio - ctDNA MRD and Monitoring Front and Center at ASCO 2022)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 120
SEALED UNREDACTED DOCUMENTS [DECLARATION OF JAMES E. MALACKOWSKI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #119 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 21 - Corporate Overview - Natera, #2 Exhibit 22 - Natera - Our Technology, #3 Exhibit 23 - Natera - Oncology, #4 Exhibit 24 - Hereditary Genetic Testing for Cancer Empower, #5 Exhibit 25 - Natera - Comprehensive Genomic Profiling, #6 Exhibit 26 - Natera - Signatera Circulating Tumor DNA Blood Test, #7 Exhibit 27 - (SEALED) AEO_NAT-NEO-00612643, #8 Exhibit 28 - (SEALED) AEO_NAT-NEO-00660081, #9 Exhibit 29 - (SEALED) AEO_NAT-NEO-00587463, #10 Exhibit 30 - (SEALED) AEO_NAT-NEO-00590295, #11 Exhibit 31 - (SEALED) AEO_Moshkevich 2023-09-22, #12 Exhibit 32 - 2021-11-18 - Frontiers in Oncology - Circulating Tumor DNA and Minimal Residual Disease, #13 Exhibit 33 - Springer Nature - Leading Advances in Precision Oncology, #14 Exhibit 34 - Personalized Cancer Monitoring - Invitae, #15 Exhibit 35 - Definition of MRD - NCI Dictionary of Cancer Terms - NCI, #16 Exhibit 36 - 2020-07-15 - MD Anderson Cancer Center - What is minimal residual disease, #17 Exhibit 37 - Colorectal Cancer Minimal Residual Disease_, #18 Exhibit 38 - 2022-05 - FDA - Use of Circulating Tumor DNA for Early Stage Solid Tumor Drug Development - Draft Guidance for Industry, #19 Exhibit 39 - DeciBio - Industry Snapshot The nascent ctDNA MRD space continues to see rapid growth)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 119
SEALED UNREDACTED DOCUMENTS [DECLARATION OF JAMES E. MALACKOWSKI] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #107 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 1 - Piper Sandler 2023-09-25 Oncologist Survey (Box-ActiveProjects-2023, #2 Exhibit 2 - (NEOGEN00018316) - MS HC Conf. 09.12.23, #3 Exhibit 3 - (SEALED) _AEO_NeoGenomics - Supp. Resp to Rogs 3 & 6, #4 Exhibit 4 - (SEALED) _AEO_NAT-NEO-00584060, #5 Exhibit 5 - Order Denying PI_19-cv-03161-YGR, #6 Exhibit 6 - S&P Capital IQ - NeoGenomics, Inc. Public Company Profile, #7 Exhibit 7 - S&P Capital IQ - NeoGenomics Laboratories, Inc. Private Company Profile_, #8 Exhibit 8 - One Lab Vital Answers - NeoGenomics, #9 Exhibit 9 - Investor Relations - NeoGenomics_, #10 Exhibit 10 - Test Menu - NeoGenomics, #11 Exhibit 11 - _NeoGenomics Laboratories LinkedIn, #12 Exhibit 12 - (NEOGEN00014489) - AACR_2020, #13 Exhibit 13 - 2021-05-05 NeoGenomics to Acquire Inivata, #14 Exhibit 14 - 2021-06-18 NeoGenomics Completes Inivata Acquisition, #15 Exhibit 15 - 2021-05-25 Inivata Announces Collaboration with F-star, #16 Exhibit 16 - NeoGenomics RaDaR Minimal Residual Disease (MRD), #17 Exhibit 17 - 2023-07-27 NeoGenomics Announces Medicare Coverage for RaDaR, #18 Exhibit 18 - 2023-08-08 LabPulse - NeoGenomics secures Medicare coverage for breast cancer blood test, #19 Exhibit 19 - MolDX Program (Administered by Palmetto GBA), #20 Exhibit 20 - S&P Capital IQ - Natera, Inc. Public Company Profile_)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 118
SEALED UNREDACTED DOCUMENTS Declaration of Dr. Brian Van Ness (Additional Exhibits) filed by Defendant NEOGENOMICS LABORATORIES, INC. re #116 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 38 - Jamal-Hanjani Thesis, #2 Exhibit 39 - Shendure, #3 Exhibit 40 - US4683195-1, #4 Exhibit 41 - US20100285478A1, #5 Exhibit 42 - 42 US9206475., #6 Exhibit 43 - Chan, #7 Exhibit 44 - Leary, #8 Exhibit 45 - 5-22-2020 008 Interview Summary, #9 Exhibit 46 - Bentley, #10 Exhibit 47 - 454 Applicant Remarks Amendment, #11 Exhibit 48 - 454 NOA, #12 Exhibit 49 - 454 7-7-2020 Non Final Rejection, #13 Exhibit 50 - 454 Original Claims, #14 Exhibit 51 - Bashashati and Supp, #15 Exhibit 52 - Bashashati S2, #16 Exhibit 53 - Marzese, #17 Exhibit 54 - (Bashashati Supplemental Material listing) pathsojournals.onlinelibrary.wiley.com, #18 Exhibit 55 - 008 Patent, #19 Exhibit 59 - coi190019supp1_prod - Reinert)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 117
SEALED UNREDACTED DOCUMENTS Declaration of Dr. Brian Van Ness (Additional Exhibits) filed by Defendant NEOGENOMICS LABORATORIES, INC. re #116 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 21 - Broude, #2 Exhibit 22 - Lyamichev, #3 Exhibit 23- Shoemaker, #4 Exhibit 24 - Wang, #5 Exhibit 25 - Marsh, #6 Exhibit 26 - Ahmadian, #7 Exhibit 27 - Nordstrom, #8 Exhibit 28 - Ronaghi, #9 Exhibit 29 - 2022-11-09 [DI076] Joint Claim Construction Brief, #10 Exhibit 30 - Jarvie, #11 Exhibit 31 - Harismendy and Frazer, #12 Exhibit 32 - Mardis, #13 Exhibit 33 - Margulies, #14 Exhibit 34 - Natera MTD Illumina, #15 Exhibit 35 - (SEALED) 2023-10-04 Zimmermann, Bernhard_Mini, #16 Exhibit 36 - Metzker Qiagen Trial Testimony, #17 Exhibit 37 - Metzker Qiagen Trial DemonstrativesDDX-003)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 116
SEALED UNREDACTED DOCUMENTS Declaration of Dr. Brian Van Ness filed by Defendant NEOGENOMICS LABORATORIES, INC. re #107 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 1 - Van Ness CV 1-6-2022, #2 Exhibit 2 - 5952170 Stroun., #3 Exhibit 3 - US20100041048A1, #4 Exhibit 4 - 6156504 Gocke, #5 Exhibit 5 - 008 NF Rejection, #6 Exhibit 6 - 2023-09-26 Metzker, Michael_Mini, #7 Exhibit 7 - Quackenbush Personalis, #8 Exhibit 8 - 008 Claims, #9 Exhibit 9 - 008 Applicant Argument, #10 Exhibit 10 - [DI101] Natera's Opening Brief ISO MSJ, #11 Exhibit 11 - MSJ Section 101 Hearing, #12 Exhibit 12 - Metzker Illumina, #13 Exhibit 13 - US20100120038A1 Fluidigm Mir, #14 Exhibit 14 - Kaper Abstract, #15 Exhibit 15 - Kaper, #16 Exhibit 16 - Han, #17 Exhibit 17 - Cantor, #18 Exhibit 18 - Ehrich, #19 Exhibit 19 - Lo, #20 Exhibit 20 - Quackenbush CareDx)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 115
SEALED UNREDACTED DOCUMENTS [DECLARATION OF VISHAL SIKRI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #112 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 21 - (NEOGEN00000991) - Lipsyc-Sharf-et-al-2022-circulating-tumor, #2 Exhibit 22 - Elliot_NEOGEN00059699, #3 Exhibit 23 - Cutts_NEOGEN00059698, #4 Exhibit 24 - 24 (NEOGEN00011154) - Dasari A, et al. Nat Rev Clin Oncol. 2020 17 757-770, #5 Exhibit 25 - Rebuzzi_NEOGEN00059710, #6 Exhibit 26 - Tie_Circulating Tumor_NEOGEN000597406 -, #7 Exhibit 27 - Tie 2_NEOGEN00059675, #8 Exhibit 28 - aieb_NEOGEN00059722, #9 Exhibit 29 - (NEOGEN00014540) - Tie J, et al. JAMA Oncol. 2019;5(12)1710-1717, #10 Exhibit 30 - Chen_NEOGEN00059687, #11 Exhibit 31 - Natera Oncology_NEOGEN00059701, #12 Exhibit 32 - (SEALED) Beitsch 10.16.2023 Letter, #13 Exhibit 33 - (NEOGEN00003924))(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 114
DUPLICATE OF DOC #113 SEALED UNREDACTED DOCUMENTS [DECLARATION OF VISHAL SIKRI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #112 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 11 - Piper Sandler 09.25.23_NEOGEN00059645, #2 Exhibit 12 - Goldman Sachs 6.13.23 Global HC Conf Trans-Natera_NEOGEN00059551, #3 Exhibit 13 - (NEOGEN00018316) - MS HC Conf. 09.12.23, #4 Exhibit 14 - (NEOGEN00018316) - MS HC Conf. 09.12.23, #5 Exhibit 15 - Leelink Partners 7.24.23_NEOGEN00059567, #6 Exhibit 16 - Leelink Partners 7.24.23_NEOGEN00059567, #7 Exhibit 17 - (NEOGEN00004586) - 4.5.23 SVB Securities Report, #8 Exhibit 18 - (SEALED) (NEOGEN00005623) - 5.2023 Neo Peer Group Financial Results, #9 Exhibit 19 - (NEOGEN00009106), #10 Exhibit 20 - (NEOGEN00001032) - Gale D, et al. Ann Oncol. 2022)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin). Modified on 10/20/2023 (Winchester, Robin).
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Filing 113
SEALED UNREDACTED DOCUMENTS [DECLARATION OF VISHAL SIKRI (additional documents)] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #112 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 11 - Piper Sandler 09.25.23_NEOGEN00059645, #2 Exhibit 12 - Goldman Sachs 6.13.23 Global HC Conf Trans-Natera_NEOGEN00059551, #3 Exhibit 13 - (NEOGEN00018316) - MS HC Conf. 09.12.23, #4 Exhibit 14 - (NEOGEN00062648) 9.12.23 Morgan Stanley Report, #5 Exhibit 15 - Leelink Partners 7.24.23_NEOGEN00059567, #6 Exhibit 16 - Flach, Liquid Biopsy for Minimal Residual Disease Detection-NEOGEN00001018, #7 Exhibit 17 - (NEOGEN00004586) - 4.5.23 SVB Securities Report, #8 Exhibit 18 - (SEALED) (NEOGEN00005623) - 5.2023 Neo Peer Group Financial Results, #9 Exhibit 19 - (NEOGEN00009106), #10 Exhibit 20 - (NEOGEN00001032) - Gale D, et al. Ann Oncol. 2022)(MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 112
SEALED UNREDACTED DOCUMENTS [DECLARATION OF VISHAL SIKRI] filed by Defendant NEOGENOMICS LABORATORIES, INC. re #107 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit (NEOGEN00014489) - AACR_2020, #2 Exhibit 2 - (AACR Abstract 3097 re Neo RaDaR Poster) NEOGEN00062633, #3 Exhibit 3 - 5.5.2021 Neo PR re Inivata Acquisition_NEOGEN00059530, #4 Exhibit 4 - (NEOGEN00062662) 2021-06-18_NeoGenomics_Completes_Inivata_Acquisition_180, #5 Exhibit 5 - Inivata 5.25.21 PR_NEOGEN00059564, #6 Exhibit 6 - (NEOGEN00008319), #7 Exhibit 7 - (SEALED) (NEOGEN00059530) (2.26.2021 FDA Letter Granting Breakthrough Device Designation for RaDaR), #8 Exhibit 8 - FDA Breakthrough Devices Program_NEOGEN00059537, #9 Exhibit 9 - (NeoGenomics 3.16.2023 PR)_NEOGEN00004604, #10 Exhibit 10 (NEOGEN00004200) - TD Cowen 07.19.23)(MORROW, JOHN) Modified on 10/19/2023 to correct filer of document (Winchester, Robin).
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Filing 111
SEALED UNREDACTED DOCUMENTS Declaration of Derek Walter (Additional Exhibits) filed by Defendant NEOGENOMICS LABORATORIES, INC. re #108 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 21 - NEOGEN00018316, #2 Exhibit 22 - (SEALED) (NAT-NEO-00729487), #3 Exhibit 23 - (SEALED) (NAT-NEO-00864963), #4 Exhibit 24 - (NEOGEN00062739) - 09.12.2023 Baird Global Healthcare Conference, #5 Exhibit 25 - (2023-05-08 Archer Tr.)-Excerpted, #6 Exhibit 26 - (2023-05-09 Archer Tr.)-Excerpted, #7 Exhibit 27 - (NEOGEN00059551) - Goldman Sachs 6.13.23 Global HC Conf Trans-Natera, #8 Exhibit 28 - (SEALED) Beitsch 10.16.2023 Letter)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 110
SEALED UNREDACTED DOCUMENTS Declaration of Derek Walter (Additional Exhibits) filed by Defendant NEOGENOMICS LABORATORIES, INC. re #108 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 20 - (NEOGEN00004200) - TD Cowen 07.19.23)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 109
SEALED UNREDACTED DOCUMENTS Declaration of Derek Walter (Additional Exhibits) filed by Defendant NEOGENOMICS LABORATORIES, INC. re #108 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 16 - Natera 3rd Supp Rog, #2 Exhibit 17 - Inivata Compl, #3 Exhibit 18 - Natera's R&Os to Rogs 3-4, #4 Exhibit 19 - (SEALED) (Natera R&Os to Rog 2)_HC-AEO)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 108
SEALED UNREDACTED DOCUMENTS filed by Defendant NEOGENOMICS LABORATORIES, INC. re #107 SEALED Unredacted Documents (LR 5.4). (Attachments: #1 Exhibit 1 - NEOGEN00058925, #2 Exhibit 2 - 008 NF Rejection, #3 Exhibit 3 - 008 Amended Claims, #4 Exhibit 4 - 008 Applicant Argument, #5 Exhibit 5 - 5-22-2020 008 Interview Summary, #6 Exhibit 6 - (SEALED) (Moshkevich Tr.)-Excerpted, #7 Exhibit 7 - (SEALED) Malani Tr. - Excerpted, #8 Exhibit 8 - (454 Applicant Remarks Amendment), #9 Exhibit 9 - (Metzker Tr.) Excerpted, #10 Exhibit 10 - (SEALED) (Zimmermann Tr.)_Excerpted, #11 Exhibit 11 - (SEALED) (NAT-NEO-00888159, #12 Exhibit 12 - (SEALED) (9-22-2023 email)_HC-AEO, #13 Exhibit 13 - Natera 1st Supp to Rogs 1, 5), #14 Exhibit 14 - NAT-NEO-00002768-2801), #15 Exhibit 15 - Natera 2nd Supp Rog 5)(WOOTEN, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 107
SEALED UNREDACTED DOCUMENTS [NeoGenomics' Opp to Natera's Motion for PI] filed by Defendant NEOGENOMICS LABORATORIES, INC.. (MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 106
MEMORANDUM filed by Defendant NEOGENOMICS LABORATORIES, INC. re #105 MOTION to Seal [confidential portions of NeoGenomicss Opposition to Nateras Motion for Preliminary Injunction (Opposition), as well as the accompanying Declarations of Vishal Sikri, with attached Exhibits 7, 18, and 32, and James Malackowski, with attached Exhibits 3 and 62, as well as Exhibits 12 and 28 of the Declaration of Derek Walter] filed by NEOGENOMICS LABORATORIES, INC. (Attachments: #1 Affidavit - Declaration of Alicia Olivo) (MORROW, JOHN)
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Filing 105
MOTION to Seal [confidential portions of NeoGenomicss Opposition to Nateras Motion for Preliminary Injunction (Opposition), as well as the accompanying Declarations of Vishal Sikri, with attached Exhibits 7, 18, and 32, and James Malackowski, with attached Exhibits 3 and 62, as well as Exhibits 12 and 28 of the Declaration of Derek Walter] [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by NEOGENOMICS LABORATORIES, INC.. Response to Motion due by 11/2/2023 (Attachments: #1 Text of Proposed Order)(MORROW, JOHN)
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Filing 104
Additional Attachments to Main Document re #100 Declaration. (Attachments: #1 Exhibit 56 - Law360 - Natera Nets $19M Verdict In Cancer Test Patent Case, #2 Exhibit 57 - Natera, Inc. v. Inivata, Inc - Complaint, #3 Exhibit 58 - 2022-05-31 - Natera to Present New Signatera Clinical Data Across Multiple Cancer Types - 2022 ASCO Meeting, #4 Exhibit 59 - Natera Submits First PMA Module to the FDA for Signatera, #5 Exhibit 60 - GenomeWeb - About Us, #6 Exhibit 61 - 2023-09-12 - AlphaSense - Baird Global Healthcare Conference, #7 Exhibit 62 - FILED UNDER SEAL SLIPSHEET, #8 Exhibit 63 - Natera 2022 Annual Report and Form 10-K) (MORROW, JOHN)
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Filing 103
Additional Attachments to Main Document re #100 Declaration. (Attachments: #1 Exhibit 45 - Google Patents - US11530454B2, #2 Exhibit 46 - Google Patents - US11519035B2, #3 Exhibit 2023-05-08 - Trial Transcript Volume A - Natera v. ArcherD, #4 Exhibit 48 - FILED UNDER SEAL SLIPSHEET, #5 Exhibit 49 - FILED UNDER SEAL SLIPSHEET, #6 Exhibit 50 - 2023-09-15 NeoGenomics Suppl Resps & Objs to Natera's 1st Set of Rogs (Nos. 1-3, #7 Exhibit 51 - 2022-01-11 NeoGenomics Announces RaDaR Assay Receives CE Mark, #8 Exhibit 52 - FILED UNDER SEAL SLIPSHEET, #9 Exhibit 53 - 2015-07-01 Natera Form S-1_Public, #10 Exhibit 54 - 2015-07-01 Natera Form S-1_Public, #11 Exhibit 55 - 2020-01-14 - PRNewswire - ArcherDX Personalized Cancer Monitoring) (MORROW, JOHN)
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Filing 102
Additional Attachments to Main Document re #100 Declaration. (Attachments: #1 Exhibit 26 - Natera - Signatera Circulating Tumor DNA Blood Test, #2 Exhibit 27 - FILED UNDER SEAL SLIPSHEET, #3 Exhibit 28 - FILED UNDER SEAL SLIPSHEET, #4 Exhibit 29 - FILED UNDER SEAL SLIPSHEET, #5 Exhibit 30 - FILED UNDER SEAL SLIPSHEET, #6 Exhibit 31 - FILED UNDER SEAL SLIPSHEET, #7 Exhibit 32 - 2021-11-18 - Frontiers in Oncology - Circulating Tumor DNA and Minimal Residual Disease, #8 Exhibit 33 - Springer Nature - Leading Advances in Precision Oncology, #9 Exhibit 34 - Personalized Cancer Monitoring - Invitae, #10 Exhibit 35 - Definition of MRD - NCI Dictionary of Cancer Terms - NCI, #11 Exhibit 36 - 2020-07-15 - MD Anderson Cancer Center - What is minimal residual disease, #12 Exhibit 37 - Colorectal Cancer Minimal Residual Disease, #13 Exhibit 38 - 2022-05 - FDA - Use of Circulating Tumor DNA for EarlyStage Solid Tumor Drug Development - Draft Guidance for Industry, #14 Exhibit 39 - _DeciBio - Industry Snapshot The nascent ctDNA MRD space continues to see rapid growth, #15 Exhibit 40 - DeciBio - ctDNA MRD and Monitoring Front and Center at ASCO 2022, #16 Exhibit 41 - Barrons - How Natera Is Defending Its Lead in a $15B Cancer-Testing Market, #17 Exhibit 42 - 2023-06-13 - FactSet CallStreet - Natera, Inc. - Goldman Sachs Global Healthcare Conference, #18 Exhibit 43 - _Guardant Reveal - First Liquid-Only Test for MRD Detection, #19 Exhibit 44 - FILED UNDER SEAL SLIPSHEET) (MORROW, JOHN)
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Filing 101
Additional Attachments to Main Document re #100 Declaration. (Attachments: #1 Exhibit 6 - S&P Capital IQ - NeoGenomics, Inc. Public Company Profile, #2 Exhibit 7 - S&P Capital IQ - NeoGenomics Laboratories, Inc. Private Company Profile, #3 Exhibit 8 - One Lab Vital Answers - NeoGenomics, #4 Exhibit 9 - Investor Relations - NeoGenomics_, #5 Exhibit 10 - Test Menu - NeoGenomics, #6 Exhibit 11 - NeoGenomics Laboratories LinkedIn, #7 Exhibit 12 - (NEOGEN00014489) - AACR_2020, #8 Exhibit 13 - 2021-05-05 NeoGenomics to Acquire Inivata, #9 Exhibit 14 - 2021-06-18 NeoGenomics Completes Inivata Acquisition, #10 Exhibit 15 - 15_2021-05-25 Inivata Announces Collaboration with F-star, #11 Exhibit 16 - NeoGenomics RaDaR Minimal Residual Disease (MRD), #12 Exhibit 17 - 2023-07-27 NeoGenomics Announces Medicare Coverage for RaDaR, #13 Exhibit 18 - 2023-08-08 LabPulse - NeoGenomics secures Medicare coverage for breast cancer blood test, #14 Exhibit 19 - MolDX Program (Administered by Palmetto GBA), #15 Exhibit 20 - S&P Capital IQ - Natera, Inc. Public Company Profile, #16 Exhibit 21 - Corporate Overview - Natera, #17 Exhibit 22 - Natera - Our Technology, #18 Exhibit 23 - Natera - Oncology, #19 Exhibit 24 - Natera - Hereditary Genetic Testing for Cancer Empower, #20 Exhibit 25 - Natera - Comprehensive Genomic Profiling (CGP) - Altera) MORROW, JOHN)
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Filing 100
DECLARATION of James E. Malackowski re #89 Response in Opposition to Motion by Defendant NEOGENOMICS LABORATORIES, INC. (Attachments: #1 Exhibit 1 - Piper Sandler 2023-09-25 Oncologist Survey (Box-ActiveProjects-2023, #2 Exhibit 2 - Piper Sandler 2023-09-25 Oncologist Survey (Box-ActiveProjects-2023, #3 Exhibit 3 - FILED UNDER SEAL SLIPSHEET, #4 Exhibit 4 - FILED UNDER SEAL SLIPSHEET, #5 Exhibit 5 - Order Denying PI_19-cv-03161-YGR) (MORROW, JOHN)
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Filing 99
Additional Attachments to Main Document re #97 Declaration. (Attachments: #1 Exhibit 42 - US9206475, #2 Exhibit 43 - Chan, #3 Exhibit 44 - Leary, #4 Exhibit 45 - 5-22-2020 008 Interview Summary, #5 Exhibit 46 - Bentley, #6 Exhibit 47 - 454 Applicant Remarks Amendment, #7 Exhibit 48 - 454 NOA, #8 Exhibit 49 - 454 7-7-2020 Non Final Rejection, #9 Exhibit 50 - 454 Original Claims, #10 Exhibit 51 - Bashashati and Supp, #11 Exhibit 52 - Bashashati S2, #12 Exhibit 53 - Marzese, #13 Exhibit 54 - Bashashati Supplemental Material listing) pathsojournals.onlinelibrary.wiley.com, #14 Exhibit 55 - (008 Patent), #15 Exhibit 59 - coi190019supp1_prod - Reinert) (MORROW, JOHN)
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Filing 98
Additional Attachments to Main Document re #97 Declaration. (Attachments: #1 Exhibit 22 - Lyamichev, #2 Exhibit 23 - Shoemaker, #3 Exhibit 24 - Wang, #4 Exhibit 25 - Marsh, #5 Exhibit 26 - Ahmadian, #6 Exhibit 27 - Nordstrom(1), #7 Exhibit 28 - Ronaghi, #8 Exhibit 29- 2022-11-09 [DI076] Joint Claim Construction Brief, #9 Exhibit 30 - Jarvie, #10 Exhibit 31 - Harismendy and Frazer, #11 Exhibit 32 - Mardis, #12 Exhibit 33 - Margulies(1), #13 Exhibit 34 - Natera MTD Illumina(1), #14 Exhibit 35 - FILED UNDER SEAL SLIPSHEET, #15 Exhibit 36 - Metzker Qiagen Trial Testimony, #16 Exhibit 37 - Metzker Qiagen Trial DemonstrativesDDX-003, #17 Exhibit 38 - Jamal-Hanjani Thesis, #18 Exhibit 39 - Shendure, #19 Exhibit 40 - US4683195, #20 Exhibit 41 - US20100285478A1) (MORROW, JOHN)
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Filing 97
DECLARATION of Brian Van Ness re #89 Response in Opposition to Motion by Defendant NEOGENOMICS LABORATORIES, INC. (Attachments: #1 Exhibit 1 - Van Ness CV 1-6-2022, #2 Exhibit 2 - 5952170 Stroun, #3 Exhibit 3 - US20100041048A1, #4 Exhibit 4 - 6156504 Gocke, #5 Exhibit 5 - 008 NF Rejection, #6 Exhibit 6 - 2023-09-26 Metzker, Michael_Mini, #7 Exhibit 7 - Quackenbush Personalis, #8 Exhibit 8 - 008 Claims, #9 Exhibit 9 - 008 Applicant Argument, #10 Exhibit 10 - [DI101] Natera's Opening Brief ISO MSJ, #11 Exhibit 11 - MSJ Section 101 Hearing - Full, #12 Exhibit 12 - Metzker Illumina, #13 Exhibit 13 - US20100120038A1 Fluidigm Mir, #14 Exhibit 14 - Kaper Abstract, #15 Exhibit 15 - Kaper Abstract, #16 Exhibit 16 - Han, #17 Exhibit 17 - Cantor, #18 Exhibit 18 - Ehrich, #19 Exhibit 19 - Lo, #20 Exhibit 20 - Quackenbush CareDx, #21 Exhibit 21 - Broude) (MORROW, JOHN)
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Filing 96
Additional Attachments to Main Document re #94 Declaration. (Attachments: #1 Exhibit 16 - Flach, Liquid BIOpsy for MiNimal RESidual DiSease Detection-NEOGEN00001018, #2 Exhibit 17 - (NEOGEN00004586) - 4.5.23 SVB Securities Report, #3 Exhibit 18 - FILED UNDER SEAL SLIPSHEET, #4 Exhibit 19 - NEOGEN00009106, #5 Exhibit 20 - (NEOGEN00001032) - Gale D, et al. Ann Oncol. 2022 500, #6 Exhibit 21 - (NEOGEN00000991) - Lipsyc-Sharf-et-al-2022-circulating-tumor, #7 Exhibit 22 - Elliot_NEOGEN00059699, #8 Exhibit 23 - Cutts_NEOGEN00059698, #9 Exhibit 24 - (NEOGEN00011154) - Dasari A, et al. Nat Rev Clin Oncol. 2020 17 757-770, #10 Exhibit 25 - Rebuzzi_NEOGEN00059710, #11 Exhibit 26 - Tie_Circulating Tumor_NEOGEN00059740, #12 Exhibit 27 - Tie 2_NEOGEN00059675, #13 Exhibit 28 - Taieb_NEOGEN00059722, #14 Exhibit 29 - (NEOGEN00014540) - Tie J, et al. JAMA Oncol. 2019;5(12)1710-1717, #15 Exhibit 30 - Chen_NEOGEN00059687, #16 Exhibit 31 - Natera Oncology_NEOGEN00059701, #17 Exhibit 32 - FILED UNDER SEAL SLIPSHEET, #18 Exhibit 33 - NEOGEN00003924) (MORROW, JOHN)
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Filing 95
Additional Attachments to Main Document re #94 Declaration. (Attachments: #1 Exhibit 11 - Piper Sandler 09.25.23_NEOGEN00059645, #2 Exhibit 12 - Goldman Sachs 6.13.23 Global HC Conf Trans-Natera_NEOGEN00059551, #3 Exhibit 13 - (NEOGEN00018316) - MS HC Conf. 09.12.23, #4 Exhibit 14 - (NEOGEN00062648) 9.12.23 Morgan Stanley Report, #5 Exhibit 15 - Leelink Partners 7.24.23_NEOGEN00059567) (MORROW, JOHN)
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Filing 94
DECLARATION of Vishal Sikri re #89 Response in Opposition to Motion by Defendant NEOGENOMICS LABORATORIES, INC. (Attachments: #1 Exhibit 1 - (NEOGEN00014489) - AACR_2020, #2 Exhibit 2 - (AACR Abstract 3097 re Neo RaDaR Poster) NEOGEN00062633, #3 Exhibit 3 - 5.5.2021 Neo PR re Inivata Acquisition_NEOGEN00059530, #4 Exhibit 4 - (NEOGEN00062662) 2021-06-18_NeoGenomics_Completes_Inivata_Acquisition_18, #5 Exhibit 5 - Inivata 5.25.21 PR_NEOGEN00059564, #6 Exhibit 6 - NEOGEN00008319, #7 Exhibit 7 - FILED UNDER SEAL SLIPSHEET, #8 Exhibit 8 - FDA Breakthrough Devices Program_NEOGEN00059537, #9 Exhibit 9 - (NeoGenomics 3.16.2023 PR)_NEOGEN00004604, #10 Exhibit 10 - (NEOGEN00004200) - TD Cowen 07.19.23) (MORROW, JOHN)
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Filing 93
Additional Attachments to Main Document re #90 Declaration. (Attachments: #1 Exhibit 21 - NEOGEN00018316, #2 Exhibit 22 - FILED UNDER SEAL SLIPSHEET, #3 Exhibit 23 - FILED UNDER SEAL SLIPSHEET, #4 Exhibit 24 - (NEOGEN00062739) - 09.12.2023 Baird Global Healthcare Conference, #5 Exhibit 25 - (2023-05-08 Archer Tr.)-Excerpted, #6 Exhibit 26 - (2023-05-09 Archer Tr.)-Excerpted, #7 Exhibit 27 - (NEOGEN00059551) - Goldman Sachs 6.13.23 Global HC Conf Trans-Natera, #8 Exhibit 28 - FILED UNDER SEAL SLIPSHEET) (MORROW, JOHN)
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Filing 92
Additional Attachments to Main Document re #90 Declaration. (Attachments: #1 Exhibit 20 - (NEOGEN00004200) - TD Cowen 07.19.23) (MORROW, JOHN) Modified on 10/19/2023 to link to correct pleading. (Sheets, Jamie)
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Filing 91
Additional Attachments to Main Document re #90 Declaration (Attachments: #1 Exhibit 15 - Natera 2nd Supp Rog 5, #2 Exhibit 16 - Natera 3rd Supp Rog 5), #3 Exhibit 17 - Inivata Compl., #4 Exhibit 18 - Natera's R&Os to Rogs 3-4, #5 Exhibit 19 - FILED UNDER SEAL SLIPSHEET) (MORROW, JOHN)
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Filing 90
DECLARATION of Derek Walter re #89 Response in Opposition to Motion by Defendant NEOGENOMICS LABORATORIES, INC. (Attachments: #1 Exhibit 1 - NEOGEN00058925, #2 Exhibit 2 - 008 NF Rejection, #3 Exhibit 3 - 008 Amended Claims, #4 Exhibit 4 - 008 Applicant Argument, #5 Exhibit 5 - 5-22-2020 008 Interview Summary, #6 Exhibit 6 - FILED UNDER SEAL SLIPSHEET, #7 Exhibit 7 - FILED UNDER SEAL SLIPSHEET, #8 Exhibit 8 - 454 Applicant Remarks Amendment, #9 Exhibit 9 - (Metzker Tr.) Excerpted, #10 Exhibit 10 - FILED UNDER SEAL SLIPSHEET, #11 Exhibit 11 - FILED UNDER SEAL SLIPSHEET, #12 Exhibit 12 - FILED UNDER SEAL SLIPSHEET, #13 Exhibit 13 - Natera 1st Supp to Rogs 1, 5, #14 Exhibit 14 - NAT-NEO-00002768-2801) (MORROW, JOHN)
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Filing 89
RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by NEOGENOMICS LABORATORIES, INC.. Replies due by 11/2/2023 (MORROW, JOHN) Modified on 10/19/2023 to reflect correct filer of document (Winchester, Robin).
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Filing 88
NOTICE of Attorney Appearance by attorney JOHN D. WOOTEN, IV on behalf of Defendant NEOGENOMICS LABORATORIES, INC. (WOOTEN, JOHN)
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Filing 87
ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/16/2023, that: 1. The Motion, Doc. #85 , is GRANTED, 2. NeoGenomics shall file its Second Amended Answer, Affirmative Defenses, and Counterclaims by October 20, 2023; 3. Natera shall file a responsive pleading, including a motion pursuant to Fed. R. Civ. P. 12, to Defendant's Second Amended Answer, Affirmative Defenses, and Counterclaims by October 27, 2023; 4. NeoGenomics shall file its Opposition to Natera's responsive pleading by November 6, 2023, and 5. Natera shall file its Reply to NeoGenomics' Opposition by November 13, 2023. (Garland, Leah)
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Motions Submitted: #85 Consent MOTION for Extension of Time for Extension of Briefing Schedule to Respond to Defendant NeoGenomics Laboratories, Inc.'s Second Amended Answer, Affirmative Defenses and Counterclaims to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 86
RESPONSE in Opposition re #51 MOTION to Dismiss filed by NEOGENOMICS LABORATORIES, INC., filed by NATERA, INC. Replies due by 11/2/2023. (Attachments: #1 Exhibit 1 US10538814, #2 Exhibit 2 9580751 FH, #3 Exhibit 3 14692703 FH) (SRINIVASAN, TARA)
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Filing 85
Consent MOTION for Extension of Time for Extension of Briefing Schedule to Respond to Defendant NeoGenomics Laboratories, Inc.'s Second Amended Answer, Affirmative Defenses and Counterclaims by NEOGENOMICS LABORATORIES, INC.. (Attachments: #1 Text of Proposed Order)(MORROW, JOHN)
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Filing 84
ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/12/2023, that the Motion, Doc. #83 , is GRANTED, and it is ORDERED that the Natera has until October 15, 2023, to file a response to Defendant's Motion to Dismiss, and NeoGenomics has until November 2, 2023 to file a reply in support of its Motion to Dismiss. (Taylor, Abby)
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Filing 83
Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Dismiss by NATERA, INC.. (Attachments: #1 Text of Proposed Order)(SHORES, ANDREW)
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Motions Submitted: #83 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Dismiss to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 82
ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/10/2023, that the defendant's motion, Doc. #68 , is GRANTED in part and DENIED in part as follows: 1. The hearing on November 9 will begin at 2 p.m., and the parties shall present a tutorial to assist the Court in understanding background and context for scientific and technical issues relevant to the preliminary injunction hearing. 2. The preliminary injunction hearing is continued to November 27, 2023, at 9:30 a.m. 3. NeoGenomics's deadline to respond to Natera's motion for a preliminary injunction is extended to 10 a.m. on October 19, 2023. Natera's deadline to file its reply brief is extended to 9 a.m. on November 6, 2023. 4. Natera's motion for leave to file sur-reply, Doc. #76 , is GRANTED, and the Clerk shall correct the docket to reflect that the brief at Doc. #77 is a sur-reply directed to the motion at Doc. #68 . (Taylor, Abby)
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Filing 81
Defendant's First Amended ANSWER to #1 Complaint, with Jury Demand , Counterclaim and Affirmative Defenses against by NEOGENOMICS LABORATORIES, INC. (REINES, EDWARD) Modified on 10/10/2023 to modify text. (Taylor, Abby).
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Set Hearings: Tutorial Hearing set for 11/9/2023 02:00 PM in Greensboro Courtroom #3 before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. Motion for Preliminary Injunction Hearing set for 11/27/2023 09:30 AM in Greensboro Courtroom #3 before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. See 10/5/23 Text Order (Winchester, Robin)
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Set Response and Reply deadlines to Doc. #5 MOTION for Preliminary Injunction pursuant to 10/6/2023 Text Order. Response to Motion due by 10 a.m. on 10/19/2023; Replies due by 9:00 a.m. on 11/6/2023. (Winchester, Robin)
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Filing 80
ORDER Appointing MARK LEHOCKY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/5/23. The motion to compel, Doc. #68 , remains under advisement. The motion to extend deadlines, Doc. #68 , is GRANTED as follows: 1) The hearing on November 9 will begin at 2 pm and the parties shall present a non-argumentative tutorial to assist the Court in understanding background scientific and technical matters in preparation for the preliminary injunction hearing. 2) The preliminary injunction hearing is continued to November 27, 2023, at 9:30 a.m. 3) NeoGenomics deadline to respond to Nateras motion for preliminary injunction is extended to 10 a.m. on October 19, 2023. 4) Nateras deadline to file its reply brief is extended to 9.a.m. on November 6, 2023. Written order to follow as time permits. (Winchester, Robin) Modified on 10/5/2023 to correct the tutorial hearing date, which is November 9 at 2 pm (Winchester, Robin).
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Motions Submitted: #68 Amended MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery #72 MOTION to Seal Ex. 3 - Supp. Response to ROG 2 filed in support of Opp. to Motion to Extend PI Schedule and #76 MOTION for Leave to File Sur-Reply to Defendant's Motion for Extension of Time (Docs. 66, 68), to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 79
NOTICE OF SELECTION OF MEDIATOR. (SHORES, ANDREW)
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Filing 78
ORDER ON JOINT MOTION FOR EXTENSION OF TIME FOR NATERA, TO ANSWER OR RESPOND TO NEOGENOMICS' AFFIRMATIVE DEFENSES COUNTERCLAIMS Doc. #70 , signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/02/2023, that Natera shall have until October 16, 2023, to file answer or other responsive pleading, including a motion pursuant to Fed. R. Civ. P. 12, to NeoGenomics' Affirmative Defenses and Counterclaims. (Taylor, Abby)
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Filing 77
PLAINTIFF NATERAS SUR-REPLY filed by Plaintiff NATERA, INC. re #69 Amended MOTION for Extension of Time re #76 MOTION for Leave to File Sur-Reply to Defendant's Motion for Extension of Time (Docs. 66, 68) filed by NATERA, INC. (VAN ARNAM, ROBERT) Modified on 10/10/2023 to add text to title of document. (Taylor, Abby).
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Filing 76
MOTION for Leave to File Sur-Reply to Defendant's Motion for Extension of Time (Docs. 66, 68) by NATERA, INC.. Response to Motion due by 10/23/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 75
REPLY, filed by Defendant NEOGENOMICS LABORATORIES, INC., to Response to #66 MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery, #68 Amended MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery filed by NEOGENOMICS LABORATORIES, INC.. (Attachments: #1 Exhibit 1 - (10.01.23 Email), #2 Exhibit 2 - (09.26.23 Email), #3 Exhibit 3 - (10.01.23 - Natera Second Supp Resp and Obj to Rog. 5))(MORROW, JOHN)
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Motions Submitted: #70 Joint MOTION for Extension of Time to File Answer re #58 Answer to Complaint, Counterclaim and Affirmative Defenses to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 74
SEALED UNREDACTED DOCUMENTS Ex. 3 to Natera's Opp to Motion to Extend PI Schedule - Supp Response to ROG 2 filed by Plaintiff NATERA, INC., Defendant NEOGENOMICS LABORATORIES, INC. re #71 Response in Opposition to Motion. (VAN ARNAM, ROBERT)
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Filing 73
MEMORANDUM filed by Plaintiff NATERA, INC. re #72 MOTION to Seal Ex. 3 - Supp. Response to ROG 2 filed in support of Opp. to Motion to Extend PI Schedule [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] filed by NATERA, INC. (VAN ARNAM, ROBERT)
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Filing 72
MOTION to Seal Ex. 3 - Supp. Response to ROG 2 filed in support of Opp. to Motion to Extend PI Schedule [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by NATERA, INC.. Response to Motion due by 10/16/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 71
RESPONSE in Opposition re #66 MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery filed by NEOGENOMICS LABORATORIES, INC., #68 Amended MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery filed by NEOGENOMICS LABORATORIES, INC. filed by NATERA, INC.. Replies due by 10/16/2023 (Attachments: #1 Exhibit 1. 9.28 Emails, #2 Exhibit 2. 9.26 Emails, #3 Exhibit 3. Supp. Response to ROG. 2 (Filed Under Seal), #4 Exhibit 4. 10.1 Email serving Supp Response to Rog. 2, #5 Exhibit 5. Supp Response to ROG. 5)(VAN ARNAM, ROBERT)
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Filing 70
Joint MOTION for Extension of Time to File Answer re #58 Answer to Complaint, Counterclaim and Affirmative Defenses by NATERA, INC.. (Attachments: #1 Text of Proposed Order)(SHORES, ANDREW)
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Filing 69
Additional Attachments to Main Document re #68 Amended MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery . (Attachments: #1 Text of Proposed Order)(MORROW, JOHN)
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TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 9/29/23 Natera shall file a response to Doc. #68 no later than 9:00 a.m. October 2, 2023. (Winchester, Robin)
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Set/Response Deadline re #68 Amended MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery : Response to Motion due by 10/2/2023. (Taylor, Abby)
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Filing 68
Amended MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery by NEOGENOMICS LABORATORIES, INC.. (MORROW, JOHN)
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Filing 67
Additional Attachments to Main Document re #66 MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery Exhibit A - 2023-09-25 Natera's 1st Supp Resps & Objs to NeoGenomics Rogs Nos 1 and 5. (Attachments: #1 Exhibit B - 2023-08-14 Natera's Resps & Objs to NeoGenomics 1st Set of Rogs (Nos. 1-5))(MORROW, JOHN)
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Filing 66
MOTION for Extension of Time Neogenomics' Time-Sensitive Motion to Briefly Extend Preliminary Injunction Schedule Due to Plaintiff's Failure to Narrow Asserted Claims and Provide Discovery by NEOGENOMICS LABORATORIES, INC.. (MORROW, JOHN)
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Filing 65
ORDER granting #64 Motion for Extension of Time. The Parties shall have until October 2, 2023, to file a Notice of Selection of Mediator. In the absence of an agreement, the Court will appoint a mediator. Signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 09/26/2023. (Taylor, Abby)
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Motions Submitted: #64 Joint MOTION for Extension of Time to Select Mediator to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 64
Joint MOTION for Extension of Time to Select Mediator by NATERA, INC.. (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 63
NOTICE of Special Appearance by attorney TARA SRINIVASAN on behalf of Plaintiff NATERA, INC. ( Filing fee $ 25 receipt number ANCMDC-3657713.) (SRINIVASAN, TARA)
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Filing 62
WITHDRAWAL of Motion by Plaintiff NATERA, INC. re #59 MOTION to Compel Discovery seeking responses to Natera's Second and Third Sets of Interrogatories and Requests for Production filed by NATERA, INC. NeoGenomics to respond to the Interrogatories and produce responsive, non-privileged documents by Friday, Sept. 22, 2023. (SHORES, ANDREW)
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Filing 61
NOTICE of Special Appearance by attorney KEVIN ALEXANDER SMITH on behalf of Plaintiff NATERA, INC., Counter Defendant NATERA, INC. ( Filing fee $ 25 receipt number ANCMDC-3654484.) (SMITH, KEVIN)
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Filing 60
ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 09/18/2023, that Natera's Motion to Compel NeoGenomics to supplement and substantively respond to Natera's Interrogatories No. 3- 6 is GRANTED in part and NeoGenomics shall respond to those Interrogatories to the extent stated here by September 22, 2023. If NeoGenomics intends to raise an issue during preliminary injunction briefing, Natera is entitled to have some inkling of that during the expedited discovery process. NeoGenomics must give Natera some idea of the reasons it already knows it will put forth in opposition to the preliminary injunction motion, based on its own evidence, subject to prompt supplementation as discovery from Natera and additional investigation proceed. The Court does not expect NeoGenomics to provide a comprehensive answer good for all time, but it cannot hide its defenses or arguments against the preliminary injunction based on evidence it already has within its own possession. NeoGenomics's Motion to Compel Natera to supplement its responses to NeoGenomics's Interrogatories No. 1 and No. 5 is GRANTED, and Natera shall respond comprehensively to those Interrogatories by September 25, 2023. Natara has not shown that the discovery sought is not proportional to the needs of the case, and the information sought is likely to be relevant. NeoGenomics does not have to prove relevance beyond a reasonable doubt to obtain discovery. (Taylor, Abby)
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TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 9/17/23. If the parties do not resolve the motion to compel, Doc. #59 , Defendant shall respond by September 19, 2023.(Winchester, Robin)
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Filing 59
MOTION to Compel Discovery seeking responses to Natera's Second and Third Sets of Interrogatories and Requests for Production by NATERA, INC.. Response to Motion due by 9/28/2023 (Attachments: #1 Exhibit 1. NeoGenomics Objections to Natera 1st RFPs, #2 Exhibit 2. Neogenomics Objections to Natera First ROGs, #3 Exhibit 3. Natera Second Set of RFPs, #4 Exhibit 4. Natera Third set of RFPs, #5 Exhibit 5. Natera Third Set of ROGs, #6 Exhibit 6. Natera Corrected Second Set of RFPs, #7 Exhibit 7. Natera Corrected Second Set of ROGs, #8 Exhibit 8. Natera Corrected Third Set of RFPs, #9 Exhibit 9. Natera Corrected Third Set of ROGs, #10 Exhibit 10. Correspondence between counsel proposing Sept. 19 deadline)(VAN ARNAM, ROBERT) Modified on 9/15/2023 to correct response deadline. (Taylor, Abby).
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Filing 58
ANSWER to #1 Complaint, with Jury Demand , Counterclaim to Plaintiff Natera, Inc. against by NEOGENOMICS LABORATORIES, INC.. (Attachments: #1 Exhibit 1 - US Amendment, #2 Exhibit 2 - European Patent)(MORROW, JOHN)
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Motions Submitted: #55 Joint MOTION to Compel Discovery by Natera (ROGs 3-6) and by NeoGenomics (ROGs 1 & 5) to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 57
NOTICE by NEOGENOMICS LABORATORIES, INC. re #55 Joint MOTION to Compel Discovery by Natera (ROGs 3-6) and by NeoGenomics (ROGs 1 & 5) [NOTICE OF ADDITIONAL DISCOVERY SERVED BY PLAINTIFF AFTER PARTIES' JOINT MOTION TO COMPEL] (Attachments: #1 Exhibit A - Additional Discovery)(MORROW, JOHN)
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Filing 56
Additional Attachments to Main Document re #51 MOTION to Dismiss . (Attachments: #1 Text of Proposed Order)(MORROW, JOHN)
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Filing 55
Joint MOTION to Compel Discovery by Natera (ROGs 3-6) and by NeoGenomics (ROGs 1 & 5) by NATERA, INC.. Response to Motion due by 9/19/2023 (Attachments: #1 Exhibit 1. Aug 28 Emails, #2 Exhibit 2. NeoGenomics First RFPs, #3 Exhibit 3. NeoGenomics First ROGs, #4 Exhibit 4. Natera ROGs 4-7, #5 Exhibit 5. K. Leicht Aug. 30 Emails, #6 Exhibit 6. K. Leicht Aug. 31 Emails, #7 Exhibit 7. Natera ROG Responses, #8 Exhibit 8. Jamal-Hanjani Thesis, #9 Exhibit 9. K. Leicht Sept. 5 Emails)(VAN ARNAM, ROBERT)
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Filing 54
DECLARATION filed by Defendant NEOGENOMICS LABORATORIES, INC. re #52 Brief,,, #53 Additional Attachments to Main Document,, #51 MOTION to Dismiss [DECLARATION OF DEREK C. WALTER] filed by NEOGENOMICS LABORATORIES, INC.. (MORROW, JOHN)
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Filing 53
Additional Attachments to Main Document re #52 Brief,,, . (Attachments: #1 Exhibit 10 - Excerpt from the File History of U.S. Patent No. 11,519,035, #2 Exhibit 11 - Excerpt from the File History of U.S Patent No. 11,519,035, #3 Exhibit 12 - Excerpt from the File History of U.S. Patent Application No. 16 818,842, #4 Exhibit 13 - Excerpt from the File History of U.S. Patent Application No. 17 164,599, #5 Exhibit 14 - Declarations Filed During the Prosecution of U.S. Patent Application No. 17164,599, #6 Exhibit 15 - Article by Honghua Li et al. as published in Comparative Genomics, Vol. 2, edited by Nicholas H. Bergman, in Methods in Molecular Biology (2007 Humana Press Inc.))(MORROW, JOHN)
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Filing 52
Opening BRIEF re #51 MOTION to Dismiss by Defendant NEOGENOMICS LABORATORIES, INC. filed by NEOGENOMICS LABORATORIES, INC.. (Attachments: #1 Exhibit 1 - US Patent 11,530,454, #2 Exhibit 2 -Excerpt from the File History of U.S. Patent No. 11,530,454, #3 Exhibit 3 - Excerpt from the File History of U.S. Patent No. 11,519,035, #4 Exhibit 4 - US Patent 11,519,035, #5 Exhibit 5 - Article By Katherine Elena Varley and Robi David Mitra, #6 Exhibit 6 - Article By Hui-Yun Wang, et al., #7 Exhibit 7 - Declaration of Professor John Quackenbush, Ph.D., #8 Exhibit 8 - U.S. Patent Application No. 13 300,235, #9 Exhibit 9 - Brief of Appellee Natera, Inc. from CareDx, Inc. v. Natera, Inc.)(MORROW, JOHN)
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Filing 51
MOTION to Dismiss by NEOGENOMICS LABORATORIES, INC.. Response to Motion due by 10/12/2023 (MORROW, JOHN) Modified on 9/12/2023 to correct response deadline see Doc. #48 (Winchester, Robin).
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Filing 50
NOTICE of Special Appearance by attorney KEVIN PB JOHNSON on behalf of Plaintiff NATERA, INC. ( Filing fee $ 25 receipt number ANCMDC-3643405.) (JOHNSON, KEVIN)
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Filing 49
Transcript of Scheduling Conference held on 08/16/2023 before Judge Catherine C. Eagles. Court Reporter J. Armstrong. Phone: 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 9/18/2023. Redacted Transcript Deadline set for 9/28/2023. Release of Transcript Restriction set for 11/27/2023. (Armstrong, Joe)
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TEXT ORDER adopting #46 Local Rule 5.5 Report. Issued by CHIEF JUDGE CATHERINE C. EAGLES on 8/24/23. (Winchester, Robin)
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Filing 48
ORDER signed by CHIEF JUDGE CATHERINE C. EAGLES on 08/23/2023, that the motion, Doc #44 is GRANTED in part as follows: Any response to the complaint consisting of a motion to dismiss pursuant to Rule 12 of the Rules of Civil Procedure SHALL be filed, along with the required briefing, no later than September 5, 2023. Subject to 1(c), no answer need be filed until the motion to dismiss is resolved, though the defendant may also file answer if it wishes. Any brief in opposition SHALL be filed no later than October 12, 2023, and any reply brief in support SHALL be filed no later than 9 a.m. on October 30, 2023. If the defendant does not file a motion to dismiss, it SHALL file answer no later than September 11, 2023.(Taylor, Abby)
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Filing 47
STIPULATED PROTECTIVE ORDER signed by CHIEF JUDGE CATHERINE C. EAGLES on 08/23/2023, as set out herein. (Taylor, Abby)
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Filing 46
JOINT STIPULATION AND ORDER REGARDING BRIEFING AND DISCOVERY SCHEDULE signed by CHIEF JUDGE CATHERINE C. EAGLES on 08/23/2023, as set out herein.(Taylor, Abby)
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Filing 45
RESPONSE in Opposition re #44 MOTION for Extension of Time to File Answer re #1 Complaint filed by NEOGENOMICS LABORATORIES, INC. filed by NATERA, INC. (Attachments: #1 Exhibit 1 - August 21-22, 2023 emails) (VAN ARNAM, ROBERT)
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Motions Submitted: #44 MOTION for Extension of Time to File Answer re #1 Complaint to CHIEF JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 44
MOTION for Extension of Time to File Answer re #1 Complaint by NEOGENOMICS LABORATORIES, INC. (Attachments: #1 Text of Proposed Order) (MORROW, JOHN)
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Motions Submitted: #41 Joint MOTION for Protective Order and case referred re: #43 Joint Stipulation to CHIEF JUDGE CATHERINE C. EAGLES (Winchester, Robin)
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Filing 43
JOINT STIPULATION & Proposed Order Regarding Briefing and Discovery Schedule filed by all parties. Est. Trial Days: n/a. (VAN ARNAM, ROBERT)
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Filing 42
NOTICE of Special Appearance by attorney JOHN J NOLAN on behalf of Defendant NEOGENOMICS LABORATORIES, INC. ( Filing fee $ 25 receipt number ANCMDC-3635411.) (NOLAN, JOHN)
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Filing 41
Joint MOTION for Protective Order by NATERA, INC.. Response to Motion due by 9/5/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 40
L.R. 5.5 Report-Joint filed by all parties by NATERA, INC.. (VAN ARNAM, ROBERT)
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Filing 38
NOTICE of Special Appearance by attorney ELIZABETH RYAN on behalf of Defendant NEOGENOMICS LABORATORIES, INC. ( Filing fee $ 25 receipt number ANCMDC-3633465.) (RYAN, ELIZABETH)
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Set Hearing: Hearing on Motion for Preliminary Injunction set for 11/9/2023 09:30 AM in Greensboro Courtroom #3 before CHIEF JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 37
NOTICE of Special Appearance by attorney PATRICK ROBERT LYONS on behalf of Defendant NEOGENOMICS LABORATORIES, INC. ( Filing fee $ 25 receipt number ANCMDC-3632368.) (LYONS, PATRICK)
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Minute Entry for proceedings held before CHIEF JUDGE CATHERINE C. EAGLES: Scheduling Conference held on 8/16/2023. Attorneys Victoria Moroulis, Sandra Haberny, Andrew Shores and Robert Arnman present as counsel for the plaintiff. Attorneys Lisa Ryan, Ed Reines and John Morrow present as counsel for the defendant. Hearing on Motion for Preliminary Injunction set for 11/9/2023 at 9:30 a.m., last brief to be filed on 11/1/2023. The parties are to meet and confer and submit a scheduling order by 8/21/2023. If the parties cannot agree they shall submit a Joint Submission. Any discovery disputes the parties are unable to resolve must be submitted by Joint Submission. (Court Reporter Joseph Armstrong.) (Winchester, Robin)
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TEXT ORDER issued by CHIEF JUDGE CATHERINE C. EAGLES on 8/16/2023. The parties shall consult regarding Mediator and advise the case manager by 9/25/2023 who they have selected as Mediator.(Winchester, Robin)
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Filing 36
REPLY, filed by Plaintiff NATERA, INC., to Response to #19 MOTION for Discovery in advance of Preliminary Injunction Hearing filed by NATERA, INC.. (VAN ARNAM, ROBERT)
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Filing 35
NOTICE of Special Appearance by attorney DEREK WALTER on behalf of Defendant NEOGENOMICS LABORATORIES, INC. ( Filing fee $ 25 receipt number ANCMDC-3631351.) (WALTER, DEREK)
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Filing 34
NOTICE of Special Appearance by attorney VICTORIA MAROULIS on behalf of Plaintiff NATERA, INC. ( Filing fee $ 25 receipt number ANCMDC-3631102.) (MAROULIS, VICTORIA)
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Filing 33
NOTICE of Special Appearance by attorney SANDRA HABERNY on behalf of Plaintiff NATERA, INC. ( Filing fee $ 25 receipt number ANCMDC-3630760.) (HABERNY, SANDRA)
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Filing 32
RESPONSE re #28 Order Setting Hearing on Motion,, #19 MOTION for Discovery in advance of Preliminary Injunction Hearing [Response to Plaintiff Natera's Motion for Expedited Discovery and The Court's August 4, 2023 Order] filed by NEOGENOMICS LABORATORIES, INC.. Replies due by 8/28/2023 (Attachments: #1 Exhibit A. - E-mail Reines to Haberny 8.11.2023, #2 Exhibit B - NeoGenomics Discovery Responses, #3 Exhibit C - Natera Discovery Responses, #4 Exhibit D - E-mail Reines to Haberny 8.14.2023)(MORROW, JOHN)
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Filing 31
SUMMONS Returned Executed by NATERA, INC. as to NEOGENOMICS LABORATORIES, INC. served on 8/2/2023, answer due 8/23/2023. (VAN ARNAM, ROBERT)
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Filing 30
NOTICE of Attorney Appearance by attorney CARMELLE F. ALIPIO on behalf of Plaintiff NATERA, INC. (ALIPIO, CARMELLE)
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Filing 29
NOTICE of Special Appearance by attorney EDWARD R. REINES on behalf of Defendant NEOGENOMICS LABORATORIES, INC. ( Filing fee $ 25 receipt number ANCMDC-3627082.) (REINES, EDWARD)
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Filing 28
ORDER signed by CHIEF JUDGE CATHERINE C. EAGLES on 08/04/2023. This matter is set for status conference and hearing on the plaintiff's motion for expedited discovery on Wednesday, August 16, 2023, at 11:00 a.m. in the Preyer Courthouse, Courtroom 3, Greensboro, North Carolina. Counsel shall immediately meet and confer about expedited discovery, sealing, scheduling, and any other case management issues that will facilitate prompt, fair, and efficient resolution of pending motions and the case. If the parties reach agreement, they may submit a joint motion and proposed order. (Taylor, Abby)
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Set Status Conference for 8/16/2023 11:00 AM in Greensboro Courtroom #3 before CHIEF JUDGE CATHERINE C. EAGLES. (Taylor, Abby)
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Filing 27
STANDARD ORDER for civil cases proceeding before CHIEF JUDGE CATHERINE C. EAGLES.(Winchester, Robin)
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Filing 26
NOTICE by NEOGENOMICS LABORATORIES, INC. re #19 MOTION for Discovery in advance of Preliminary Injunction Hearing [NOTICE OF INTENT TO RESPOND] (MORROW, JOHN)
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Filing 25
Corporate Disclosure Statement identifying Corporate Parent NeoGenomics, Inc. for NEOGENOMICS LABORATORIES, INC... (MORROW, JOHN)
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Filing 24
NOTICE of Attorney Appearance by attorney JOHN F. MORROW, JR on behalf of Defendant NEOGENOMICS LABORATORIES, INC. (MORROW, JOHN)
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Filing 22
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Bowers, Alexis)
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Filing 21
Summons Issued as to NEOGENOMICS LABORATORIES, INC.. (Bowers, Alexis)
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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis)
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Filing 20
MEMORANDUM re #19 MOTION for Discovery in advance of Preliminary Injunction Hearing by Plaintiff NATERA, INC.. (Attachments: #1 Exhibit 1. Requests for Production, #2 Exhibit 2. Interrogatories, #3 Exhibit 3. 30(b)(6) Depo Notice)(VAN ARNAM, ROBERT)
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Filing 19
MOTION for Discovery in advance of Preliminary Injunction Hearing by NATERA, INC.. Response to Motion due by 8/15/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Case ASSIGNED to CHIEF JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Bowers, Alexis)
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Filing 18
SEALED UNREDACTED DOCUMENTS filed by Plaintiff Natera, Inc, Defendant Neogenomics Laboratories, Inc. re #15 Motion to Seal, #14 Declaration. (Attachments: #1 Exhibit A - Natera Receives Final Medicare Coverage, #2 Exhibit B - Natera Announcement, #3 Exhibit C - 2022 10-K Natera, #4 Exhibit D - NeoGenomics Announces Commercial Availability of the RaDaR, #5 Exhibit E - Neogenomics Investor Day Presentation, #6 Exhibit F - Email (full document), #7 Exhibit G - Power Point, #8 Exhibit H - Refinitiv StreetEvents, #9 Exhibit I - Refinitiv StreetEvents, #10 Exhibit J - Russell - AACR 2023, #11 Exhibit K - 2023_Validation, #12 Exhibit L - Abbosh 2017, #13 Exhibit M - Lebow 2022, #14 Exhibit N - NSCLC clinical data) (VAN ARNAM, ROBERT)
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Filing 17
SEALED UNREDACTED DOCUMENTS filed by Plaintiff Natera, Inc, Defendant Neogenomics Laboratories, Inc. re #13 Declaration, #15 Motion to Seal. (Attachments: #1 Exhibit 1 - CV, #2 Exhibit 2 - Kirkizlar et al, #3 Exhibit 3 - Leon1997Paper, #4 Exhibit 4 - RaDaR Technology, #5 Exhibit 5 - Gale, #6 Exhibit 6 - Analytical-performance, #7 Exhibit 7 - Forshew, #8 Exhibit 8 - Heider AACR, #9 Exhibit 9 - Lipsyc Sharf 2022, #10 Exhibit 10 - Flach + Supp Methods, #11 Exhibit 11 - Marsico AACR_2020, #12 Exhibit 12 - 536-Cutts-AACR-2021, #13 Exhibit 13 - Plagnol2018Paper, #14 Exhibit 14 - AACR_2023_Evaluation, #15 Exhibit 15 - RaDaR_PatientDiscussionGuide, #16 Exhibit 16 - RaDaR Assay Request Form, #17 Exhibit 17 - Oncology-Clinical, #18 Exhibit 18 - jamaoncology, #19 Exhibit 19 - Coombes2019Paper, #20 Exhibit 20 - Abbosh2017Paper, #21 Exhibit 21 - Christensen2019Paper, #22 Exhibit 22 - Kotani2023Paper) (VAN ARNAM, ROBERT)
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Filing 16
MEMORANDUM filed by Plaintiff Natera, Inc re #15 MOTION to Seal unredacted versions of the Declaration of Dr. Michael L. Metzker, the Declaration of Solomon Moshkevich, and the entirety of Exhibit F attached to the Moshkevich Declaration [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] filed by Natera, Inc. (VAN ARNAM, ROBERT)
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Filing 15
MOTION to Seal unredacted versions of the Declaration of Dr. Michael L. Metzker, the Declaration of Solomon Moshkevich, and the entirety of Exhibit F attached to the Moshkevich Declaration [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by Natera, Inc. Response to Motion due by 8/14/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 14
DECLARATION of SOLOMON MOSHKEVICH filed by Plaintiff Natera, Inc re #5 MOTION for Preliminary Injunction Redacted filed by Natera, Inc. (Attachments: #1 Exhibit A - Natera Receives Final Medicare Coverage, #2 Exhibit B - Natera Announcement, #3 Exhibit C - 2022 10-K Natera, #4 Exhibit D - NeoGenomics Announces Commercial Availability of the RaDaR, #5 Exhibit E - Neogenomics Investor Day Presentation, #6 Exhibit F - Email (under seal), #7 Exhibit G - Power Point, #8 Exhibit H - Refinitiv StreetEvents, #9 Exhibit I - Refinitiv StreetEvents, #10 Exhibit J - Russell - AACR 2023, #11 Exhibit K - 2023_Validation, #12 Exhibit L - Abbosh 2017, #13 Exhibit M - Lebow 2022, #14 Exhibit N - NSCLC clinical data)(VAN ARNAM, ROBERT)
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Filing 13
DECLARATION filed by Plaintiff Natera, Inc re #5 MOTION for Preliminary Injunction DR. MICHAEL L. METZKER (Redacted) filed by Natera, Inc. (Attachments: #1 Exhibit 1 - CV, #2 Exhibit 2 - Kirkizlar et al, #3 Exhibit 3 - Leon1997Paper, #4 Exhibit 4 - RaDaR Technology, #5 Exhibit 5 - Gale, #6 Exhibit 6 - Analytical-performance, #7 Exhibit 7 - Forshew, #8 Exhibit 8 - Heider AACR, #9 Exhibit 9 - Lipsyc Sharf 2022, #10 Exhibit 10 - Flach + Supp Methods, #11 Exhibit 11 - Marsico AACR_2020, #12 Exhibit 12 - 536-Cutts-AACR-2021, #13 Exhibit 13 - Plagnol2018Paper, #14 Exhibit 14 - AACR_2023_Evaluation, #15 Exhibit 15 - RaDaR_PatientDiscussionGuide, #16 Exhibit 16 - RaDaR Assay Request Form, #17 Exhibit 17 - Oncology-Clinical, #18 Exhibit 18 - jamaoncology, #19 Exhibit 19 - Coombes2019Paper, #20 Exhibit 20 - Abbosh2017Paper, #21 Exhibit 21 - Christensen2019Paper, #22 Exhibit 22 - Kotani2023Paper)(VAN ARNAM, ROBERT)
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Filing 12
NOTICE by Natera, Inc re #7 Declaration. (Attachments: #1 Exhibit 131 - Refinitiv StreetEvents, #2 Exhibit 132 - Refinitiv StreetEvents, #3 Exhibit 133 - Refinitiv StreetEvents, #4 Exhibit 134 - Refinitiv StreetEvents, #5 Exhibit 135 - Refinitiv StreetEvents, #6 Exhibit 136 - Refinitiv StreetEvents, #7 Exhibit 137 - Refinitiv StreetEvents, #8 Exhibit 138 - Refinitiv StreetEvents, #9 Exhibit 139 - Refinitiv StreetEvents, #10 Exhibit 140 - First-Mover Advantages, #11 Exhibit 141 - Natera, Inc. (NTRA) Q1 2023, #12 Exhibit 142 - Natera, Inc. (NTRA) Q4 2022, #13 Exhibit 143 - State Indus., Inc. v. Mor-Flo Indus, #14 Exhibit 144 - SVB Leerink, #15 Exhibit 145 - SVB Leerink, #16 Exhibit 146 - SVB Leerink, #17 Exhibit 147 - SVB Leerink, #18 Exhibit 148 - SVB Leerink, #19 Exhibit 149 - SVB Securities, #20 Exhibit 150 - SVB Securities, #21 Exhibit 151 - SVB Securities, #22 Exhibit 152 - SVB Securities, #23 Exhibit 153 - Going Deeper On MRD, #24 Exhibit 154 - Testing.com, #25 Exhibit 155 - Thomson Reuters Streetevents, #26 Exhibit 156 - Thomson Reuters Streetevents, #27 Exhibit 157 - Initiate Coverage of NTRA with a Buy, #28 Exhibit 158 - Veeco Instruments v. SGL Carbon, #29 Exhibit 159 - Wall Street Journal, #30 Exhibit 160 - Winter v. Natural Resources Defense Council, Inc., #31 Exhibit 161 - Introductory Econometrics)(VAN ARNAM, ROBERT)
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Filing 11
NOTICE by Natera, Inc re #7 Declaration. (Attachments: #1 Exhibit 116 - NeoGenomics - Form 8-K, #2 Exhibit 117 - Neogenomics - Form 10-K, #3 Exhibit 118 - Neogenomics - Form 10-K, #4 Exhibit 119 - Neogenomics - Form 10-K, #5 Exhibit 120 - Neogenomics - Form 10-K, #6 Exhibit 121 - Neogenomics - Form 10-K, #7 Exhibit 122 - Obuchowski, Zhou, #8 Exhibit 123 - Orthopedic Design, #9 Exhibit 124 - MRD The Unlocking of Billions in TAM, #10 Exhibit 125 - Hot Off The Press, #11 Exhibit 126 - Presidio Components v. American Technical Ceramics, #12 Exhibit 127 - Study designs Part 1, #13 Exhibit 128 - Refinitiv StreetEvents, #14 Exhibit 129 - Refinitiv StreetEvents, #15 Exhibit 130 - Refinitiv StreetEvents)(VAN ARNAM, ROBERT)
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Filing 10
NOTICE by Natera, Inc re #7 Declaration. (Attachments: #1 Exhibit 76 - Natera Press Release, #2 Exhibit 77 - Natera - About us, #3 Exhibit 78 - Pioneers in Individualized Genetic Testing, #4 Exhibit 79 - Natera Website, #5 Exhibit 80 - Natera Website, #6 Exhibit 81 - Signatera Overview, #7 Exhibit 82 - Natera Website, #8 Exhibit 83 - A personalized tumor informed approach, #9 Exhibit 84 - Company Fact Sheet, #10 Exhibit 85 - Natera - Form 10-K (2015), #11 Exhibit 86 - Natera - Form 10-K (2017), #12 Exhibit 87 - Natera - Form 10-K (2020), #13 Exhibit 88 - Natera - Form 10-K (2022), #14 Exhibit 89 - Natera - Q1 2023, #15 Exhibit 90 - Natera - Q4 22, #16 Exhibit 91 - JPM HC Conf Presentation, #17 Exhibit 92 - Natera - Q3 22, #18 Exhibit 93 - National Cancer Institute, #19 Exhibit 94 - National Cancer Institute, #20 Exhibit 95 - National Cancer Institute, #21 Exhibit 96 - NCCN Website - About, #22 Exhibit 97 - NeoGenomics Press Release, #23 Exhibit 98 - NeoGenomics - About, #24 Exhibit 99 - NeoGenomics Website, #25 Exhibit 100 - NeoGenomics Website, #26 Exhibit 101 - NeoGenomics Website, #27 Exhibit 102 - NeoGenomics Website, #28 Exhibit 103 - NeoGenomics Website, #29 Exhibit 104 - NeoGenomics Website, #30 Exhibit 105 - NeoGenomics Website, #31 Exhibit 106 - NeoGenomics Website, #32 Exhibit 107 - NeoGenomics Website, #33 Supplement 108 - NeoGenomics Website, #34 Exhibit 109 - NeoGenomics Website, #35 Exhibit 110 - NeoGenomics Website, #36 Exhibit 111 - NeoGenomics - NGS, #37 Exhibit 112 - NeoGenomics Website, #38 Exhibit 113 - NeoGenomics Website, #39 Exhibit 114 - NeoGenomics Website, #40 Exhibit 115 - 2023 Investor Day Presentation)(VAN ARNAM, ROBERT)
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Filing 9
NOTICE by Natera, Inc re #7 Declaration. (Attachments: #1 Exhibit 58 - Con't, #2 Exhibit 59 - Mayo Clinic, #3 Exhibit 60 - MedTech Breakthrough Website, #4 Exhibit 61 - Patent 11,530,454, #5 Exhibit 62 - Patent 11,519,035, #6 Exhibit 63 - Natera Inc 1Q23, #7 Exhibit 64 - Key Takeaways, #8 Exhibit 65 - Morgan Stanley - Natera, #9 Exhibit 66 - FDA Grants Breakthrough Device, #10 Exhibit 67 - FDA Grants Breakthrough Device, #11 Exhibit 68 - Foundation Medicine, #12 Exhibit 69 - Natera Press Release, #13 Exhibit 70 - Medicare Extends Coverage, #14 Exhibit 71 - Natera Announces Publication, #15 Exhibit 72 - Natera Announces Use of Signatera, #16 Exhibit 73 - Natera Awarded Advanced Diagnostic, #17 Exhibit 74 - Natera Press Release, #18 Exhibit 75 - Nateras Signatera Test)(VAN ARNAM, ROBERT)
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Filing 8
NOTICE by Natera, Inc re #7 Declaration. (Attachments: #1 Exhibit 41 - Principles for Codevelopment, #2 Exhibit 42 - Foundation Medicine, #3 Exhibit 43 - Preemption, Leapfrogging, and Competition in Patent Races, #4 Exhibit 44 - Inivata Expects New Minimal Residual Disease, #5 Exhibit 45 - NeoGenomics Gets Medicare Coverage for Radar, #6 Exhibit 46 - Detection of Circulating Tumor DNA, #7 Exhibit 47 - Preemtive Patenting, #8 Exhibit 48 - Biopharma Solutions, #9 Exhibit 49 - Tests for Patients, #10 Exhibit 50 - Hsieh, Mishra, Gobeli (2003), #11 Exhibit 51 - Hypbritech v. Abbott, #12 Exhibit 52 - Hypbritech v. Abbott, #13 Exhibit 53 - Invitate's PCM Assay, #14 Exhibit 54 - Probabilistic Patents, #15 Exhibit 55 - First-Mover Advantages, #16 Exhibit 56 - Lighter Capital, #17 Exhibit 57 - Regulatory approval pathways, #18 Exhibit 58 - Principles of Economics)(VAN ARNAM, ROBERT)
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Filing 7
DECLARATION of Anup Malani, Ph.D. filed by Plaintiff Natera, Inc re #5 MOTION for Preliminary Injunction filed by Natera, Inc. (Attachments: #1 Exhibit 1 - 35 USC 283, #2 Exhibit 2 - Phylogenetic ctDNA analysis, #3 Exhibit 3 - Abbott Laboratories v. Sandoz, Inc., #4 Exhibit 4 - Understanding clonoSEQ, #5 Exhibit 5 - Altana & Wyeth v Teva, #6 Exhibit 6 - Amazon.com, Inc. v. Barnesandnoble.com, #7 Exhibit 7 - Explaining Molecular Residual Disease, #8 Exhibit 8 - Apple v. Samsung, #9 Exhibit 9 - Apple v. Samsung, #10 Exhibit 10 - How a Simple Blood Test Could Reduce Cancer Deaths, #11 Exhibit 11 - Automobile Prices in Market Equilibrium, #12 Exhibit 12 - Understanding MRD in Clinical Trials, #13 Exhibit 13 - Broadcom Corp. v. Emulex Corp, #14 Exhibit 14 - Compelling data sets at AACR, #15 Exhibit 15 - Key Takeaways from our MRD, #16 Exhibit 16 - BTIG - Natera, #17 Exhibit 17 - BTIG - Natera, #18 Exhibit 18 - BTIG - Natera, #19 Exhibit 19 - BTIG - NeoGenomics, Inc., #20 Exhibit 20 - NEOs operational turnaround, #21 Exhibit 21 - OncoCyte Corporation, #22 Exhibit 22 - We remain positive on MRD testing, #23 Exhibit 23 - NTRA is a Pillar, #24 Exhibit 24 - Diagnostic Value of Liquid Biopsy in the Era of Precision, #25 Exhibit 25 - Celsis in Vitro, Inc. v. CellzDirect, Inc.,, #26 Exhibit 26 - Local Coverage Determination, #27 Exhibit 27 - LDT and CLIA FAQs, #28 Exhibit 28 - Medicare Program Integrity Manual, #29 Exhibit 29 - MolDx Minimal Residual Disease Testing, #30 Exhibit 30 - Proprietary Gross Margin Analysis, #31 Exhibit 31 - Liquid Biopsy Report, #32 Exhibit 32 - Natera, Inc. Q4 Upside, #33 Exhibit 33 - Diaceutics, #34 Exhibit 34 - Douglas Dynamics, LLC v. Buyers Products Co., #35 Exhibit 35 - E.I. du Pont de Nemours v. Polaroid Grap, #36 Exhibit 36 - eBay Inc. v. MercExchange LLC, #37 Exhibit 37 - Economic Forecasting, #38 Exhibit 38 - Molecular Residual Disease, #39 Exhibit 39 - FDA Website, #40 Exhibit 40 - Distribution of IVD Products)(VAN ARNAM, ROBERT)
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Filing 6
MEMORANDUM filed by Plaintiff Natera, Inc re #5 MOTION for Preliminary Injunction filed by Natera, Inc. (Attachments: #1 Exhibit 1 - NeoGenomics Gets Medicare Coverage, #2 Exhibit 2 - Motion to Dismiss for Failure to State a Claim, #3 Exhibit 3 - Opposition Brief to Inivata MTD, #4 Exhibit 4 - Reply Brief re MTD, #5 Exhibit 5 - 2022 NeoGenomics Laboratories Annual Report, #6 Exhibit 6 - Strategic Collaboration and Investment from NeoGenomics, #7 Exhibit 7 - MolDX - DEX Diagnostics Exchange, #8 Exhibit 8 - RaDaR Assay Request Form, #9 Exhibit 9 - Medicare Extends Coverage of Natera Signatera MRD Test, #10 Exhibit 10 - Neo Q1 2023 Earnings call, #11 Exhibit 11 - BTIG - Natera, #12 Exhibit 12 - SVB Securities, #13 Exhibit 13 - MRD The Unlocking of Billions in TAM, #14 Exhibit 14 - Seeking Alpha - Natera, Inc., #15 Exhibit 15 - Significant Ramp Ahead in Cancer Liquid Biopsy, #16 Exhibit 16 - Refinitiv StreetEvents)(VAN ARNAM, ROBERT)
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Filing 5
MOTION for Preliminary Injunction by Natera, Inc. Response to Motion due by 8/21/2023 (Attachments: #1 Text of Proposed Order)(VAN ARNAM, ROBERT)
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Filing 4
Corporate Disclosure Statement. (SHORES, ANDREW) (Main Document 4 replaced on 8/1/2023 with flattened image.) (Hicks, Samantha)
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Filing 3
NOTICE of Attorney Appearance by attorney ANDREW R. SHORES on behalf of Plaintiff Natera, Inc (SHORES, ANDREW)
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Filing 2
NOTICE of Attorney Appearance by attorney ROBERT VAN ARNAM on behalf of Plaintiff Natera, Inc (VAN ARNAM, ROBERT)
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Filing 1
COMPLAINT against Neogenomics Laboratories, Inc. ( Filing fee $ 402 receipt number ANCMDC-3618904.), filed by Natera, Inc. (Attachments: #1 Exhibit 1. US 11530454, #2 Exhibit 2. US 11519035, #3 Exhibit 3. 454 Patent Claim Chart, #4 Exhibit 4. 035 Patent Claim Chart, #5 Exhibit 5. RaDaR Residual Disease and Recurrence, #6 Exhibit 6. Heider AACR Virtual Poster, #7 Exhibit 7. AACR 2020, #8 Exhibit 8. Lipsyc Sharf, #9 Exhibit 9. Gale, #10 Exhibit 10. Flach, #11 Exhibit 11. AACR 2020 Poster 3097, #12 Exhibit 12. Cutts AACR 2021, #13 Exhibit 13. Gale Pub, #14 Exhibit 14. AACR 2021 Pubs, #15 Exhibit 15. TAm-Seq Poster, #16 Exhibit 16. Forshew, #17 Exhibit 17. NeoGenomics Labs, #18 Exhibit 18. CAP Certificate, #19 Exhibit 19. CLIA Certificate, #20 Exhibit 20. Sebastian, #21 Exhibit 21. NeoGenomics Annual Report, #22 Exhibit 22. RaDaR Discussion Guide, #23 Exhibit 23. RaDaR Commercial Avail Announcement, #24 Exhibit 24. MoIDX-DEX Diagnostics, #25 Exhibit 25. RaDaR Assay Request Form, #26 Exhibit 26. NeoGenomics Global Conf. Takeaways, #27 Exhibit 27. Top Ten Article, #28 Exhibit 28. Signatera - Innovation Award, #29 Exhibit 29. MedTech Breakthrough winners, #30 Exhibit 30. RaDaR Medicare Coverage Article, #31 Civil Cover Sheet)(VAN ARNAM, ROBERT)
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