Foundation Medicine, Inc. v. Guardant Health, Inc.
1:17-cv-00807
Overview
Case Number
1:17-cv-00807
Filing Date
2017-06-23
Status
Litigation filed
Court
District Court, D. Delaware
Nature of Suit
830 Patent
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, D. Delaware
Presiding Judge
Leonard Philip Stark
Patents Involved
There is a single patent involved in this case.
| Application Number | Patent Number | External Links |
|---|---|---|
| - | US9340830 |
Docket Entries
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
1
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
COMPLAINT against Guardant Health, Inc. ( Filing fee $ 400 receipt number 0540-5747658.), filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Guardant360, # 2 Exhibit 2 - Landing page, # 3 Exhibit 3 - Lanman, # 4 Exhibit 4 - 830 Patent, # 5 Exhibit 5 - Release, # 6 Errata 6 - NCBI Tests, # 7 Civil Cover Sheet, # 8 Attachment to Civil Cover Sheet)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
2
CORPORATE DISCLOSURE STATEMENT filed by Foundation Medicine, Inc. identifying Other Affiliate Roche Holdings, Inc. for Foundation Medicine, Inc.. (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
1
ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by Judge Rodney Gilstrap on 5/17/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
1
SUMMONS Issued as to Guardant Health, Inc.. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
1
NOTICE of Attorney Appearance by David Folsom on behalf of Foundation Medicine, Inc. (Folsom, David) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
1
NOTICE of Attorney Appearance by Matthew C Acosta on behalf of Foundation Medicine, Inc. (Acosta, Matthew) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/17/2016)
2016-05-17
1
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2016-05-17
1
No Actions
NOTICE of Attorney Appearance - Pro Hac Vice by Eric Marandett on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-5751209. (Marandett, Eric) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/19/2016)
2016-05-19
1
NOTICE of Attorney Appearance - Pro Hac Vice by John Calhoun on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-5751231. (Calhoun, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/19/2016)
2016-05-19
1
NOTICE of Attorney Appearance - Pro Hac Vice by Matthew Barrett on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-5751240. (Barrett, Matthew) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/19/2016)
2016-05-19
1
NOTICE of Attorney Appearance - Pro Hac Vice by Michael H Bunis on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-5753767. (Bunis, Michael) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/20/2016)
2016-05-20
1
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Guardant Health, Inc.( Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/03/2016)
2016-06-03
1
Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Guardant Health, Inc. to 7/22/2016. 30 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2016-06-06
1
No Actions
MOTION to Change Venue by Guardant Health, Inc.. (Attachments: # 1 Affidavit Declaration of H. Eltoukhy, # 2 Exhibit 1 - Plaintiff's headquarter location, # 3 Exhibit 2 - Plaintiff's business focus, # 4 Exhibit 3 - Plaintiff's quarterly report excerpt, # 5 Exhibit 4 - Press release, # 6 Exhibit 5, # 7 Exhibit 6 - U.S. District CourtsMedian Time Intervals From Filing to Disposition of Civil Cases, # 8 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/08/2016)
2016-06-08
1
NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of Guardant Health, Inc. (Henry, Claire) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/08/2016)
2016-06-08
1
NOTICE of Attorney Appearance by Thomas John Ward, Jr on behalf of Guardant Health, Inc. (Ward, Thomas) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/08/2016)
2016-06-08
1
Additional Attachments to Main Document: 12 MOTION to Change Venue .. (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/08/2016)
2016-06-08
1
NOTICE of Attorney Appearance by Alan J Heinrich on behalf of Guardant Health, Inc. (Heinrich, Alan) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/08/2016)
2016-06-08
1
NOTICE of Attorney Appearance by Morgan Chu on behalf of Guardant Health, Inc. (Chu, Morgan) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/08/2016)
2016-06-08
1
Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Change Venue by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/14/2016)
2016-06-14
1
NOTICE of Readiness for Scheduling Conference by Foundation Medicine, Inc. (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/14/2016)
2016-06-14
1
ORDER granting 18 Motion for Extension of Time to File Response/Reply re 12 MOTION to Change Venue Responses due by 7/13/2016. Signed by Magistrate Judge Roy S. Payne on 6/15/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/15/2016)
2016-06-15
1
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/23/2016)
2016-06-23
1
RESPONSE in Opposition re 12 MOTION to Change Venue filed by Foundation Medicine, Inc.. (Attachments: # 1 Declaration of John C. Calhoun, # 2 Exhibit 1 - Annual Meeting Abstract 2014, # 3 Exhibit 2 - Annual Meeting Abstract 2015, # 4 Exhibit 3 - Annual Meeting Abstract 2015, # 5 Exhibit 4 - Annual Meeting Abstract 2016, # 6 Exhibit 5 - Annual Meeting Abstract 2016, # 7 Exhibit 6 - Annual Meeting Abstract 2016, # 8 Exhibit 7 - Annual Meeting Abstract 2015, # 9 Exhibit 8 - Article, # 10 Exhibit 9 - Press Release, # 11 Exhibit 10 - Press Release, # 12 Declaration of Sarah Larson, # 13 Declaration of Mikhail Shapiro, # 14 Declaration of Mirna Jarosz, # 15 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 07/13/2016)
2016-07-13
1
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Guardant Health, Inc.(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 07/15/2016)
2016-07-15
1
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Guardant Health, Inc. to 8/8/2016. 15 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 6/23/2017.]
2016-07-15
1
No Actions
NOTICE of Change of Address by Claire Abernathy Henry (Henry, Claire) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 07/18/2016)
2016-07-18
1
REPLY to Response to Motion re 12 MOTION to Change Venue filed by Guardant Health, Inc.. (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 07/25/2016)
2016-07-25
1
ORDER, ( Scheduling Conference set for 8/30/2016 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap). Signed by Magistrate Judge Roy S. Payne on 8/1/16. (mrm, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/01/2016)
2016-08-01
1
SUR-REPLY to Reply to Response to Motion re 12 MOTION to Change Venue filed by Foundation Medicine, Inc.. (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/04/2016)
2016-08-04
1
Unopposed MOTION For One-Week Extension of Deadline to Serve Infringement Contentions by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/04/2016)
2016-08-04
1
MOTION to Dismiss Plaintiff's Complaint by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order proposed order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/08/2016)
2016-08-08
1
ORDER granting 28 Motion for Extension of Deadline to Serve Infringment Contentions. Deadline is 10/18/2016. Signed by Magistrate Judge Roy S. Payne on 8/10/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/10/2016)
2016-08-10
1
NOTICE by Foundation Medicine, Inc. of Compliance Regarding Service of P.R. 3-1 and 3-2 Disclosures (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/23/2016)
2016-08-23
1
RESPONSE in Opposition re 29 MOTION to Dismiss Plaintiff's Complaint filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Thermolife Order, # 2 Exhibit 2 - Plaintiff's Infringement Chart, # 3 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 08/25/2016)
2016-08-25
1
Minute Entry for proceedings held before Judge Rodney Gilstrap: Scheduling Conference held on 8/30/16. Counsel for the parties appeared and were asked if they consented to a trial before the United States Magistrate Judge. The Court then gave Markman and Jury Selection dates; deadlines for submitting Mediator names (3 days); and deadlines for submitting Agreed Scheduling and Discovery Orders (14 days). (Court Reporter Shelly Holmes, CSR-TCRR.)(jml) [Transferred from Texas Eastern on 6/23/2017.]
2016-08-30
1
No Actions
NOTICE of Designation of Mediator, Hon. Edward A. Infante, filed by Foundation Medicine, Inc.. (Acosta, Matthew) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/02/2016)
2016-09-02
1
NOTICE by Guardant Health, Inc. of potential conflict regarding trial date (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/06/2016)
2016-09-06
1
REPLY to Response to Motion re 29 MOTION to Dismiss Plaintiff's Complaint filed by Guardant Health, Inc.. (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/06/2016)
2016-09-06
1
Agreed MOTION for Entry of Docket Control Order by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A - Proposed Docket Control Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/13/2016)
2016-09-13
1
Agreed MOTION for Entry of Discovery Order by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A - Proposed Discovery Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/13/2016)
2016-09-13
1
SUR-REPLY to Reply to Response to Motion re 29 MOTION to Dismiss Plaintiff's Complaint filed by Foundation Medicine, Inc.. (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/15/2016)
2016-09-15
1
Unopposed MOTION for Extension of Time to Complete Discovery by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/16/2016)
2016-09-16
1
DOCKET CONTROL ORDER - Pretrial Conference set for 10/10/2017 09:00 AM before Magistrate Judge Roy S. Payne., Amended Pleadings due by 3/2/2017., Jury Selection set for 11/6/2017 09:00AM before Judge Rodney Gilstrap., Mediation Completion due by 6/19/2017., Markman Hearing set for 5/18/2017 09:00 AM before Magistrate Judge Roy S. Payne., Motions due by 9/18/2017., Proposed Pretrial Order due by 10/2/2017. Signed by Magistrate Judge Roy S. Payne on 9/18/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/19/2016)
2016-09-19
1
DISCOVERY ORDER -. Signed by Magistrate Judge Roy S. Payne on 9/18/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/19/2016)
2016-09-19
1
Joint MOTION for Entry of Agreed Electronic Discovery Order by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Electronic Discovery Order, # 2 Exhibit 1 - to Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/20/2016)
2016-09-20
1
Joint MOTION for Entry of Agreed Protective Order by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A - Text of Proposed Protective Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/20/2016)
2016-09-20
1
NOTICE by Foundation Medicine, Inc. of Compliance Regarding Service of Additional Disclosures and Computation of Damages (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/20/2016)
2016-09-20
1
ORDER granting 39 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Roy S. Payne on 9/21/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/21/2016)
2016-09-21
1
ELECTRIC DISCOVERY ORDER -. Signed by Magistrate Judge Roy S. Payne on 9/21/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/22/2016)
2016-09-22
1
NOTICE by Foundation Medicine, Inc. of Compliance Regarding Service of Initial Disclosures (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/27/2016)
2016-09-27
1
NOTICE of Discovery Disclosure by Guardant Health, Inc. (Initial and Additional) (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/28/2016)
2016-09-28
1
ORDER REFERRING CASE to Mediator Hon. Edward A. Infante, JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111, telephone number 415- 774-2611 and fax number 415-982-5287, is hereby appointed as mediator. Signed by Magistrate Judge Roy S. Payne on 9/28/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 09/28/2016)
2016-09-28
1
DOCKET CONTROL ORDER - Pretrial Conference set for 10/10/2017 09:00 AM before Magistrate Judge Roy S. Payne., Amended Pleadings due by 3/2/2017., Jury Selection set for 11/6/2017 09:00AM before Judge Rodney Gilstrap., Mediation Completion due by 6/15/2017., Markman Hearing set for 5/18/2017 09:00 AM before Magistrate Judge Roy S. Payne., Motions due by 9/18/2017., Proposed Pretrial Order due by 10/2/2017. Signed by Magistrate Judge Roy S. Payne on 10/7/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 10/07/2016)
2016-10-07
1
PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 10/12/2016. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 10/13/2016)
2016-10-13
1
Unopposed MOTION to Amend/Correct 50 Order, Scheduling Order,, by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 10/17/2016)
2016-10-17
1
NOTICE of Discovery Disclosure by Guardant Health, Inc. (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 10/25/2016)
2016-10-25
1
NOTICE by Foundation Medicine, Inc. of Compliance Regarding Service of P.R. 4-1 Disclosures (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 01/12/2017)
2017-01-12
1
NOTICE of Discovery Disclosure by Guardant Health, Inc. (PR 4-1) (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 01/13/2017)
2017-01-13
1
ORDER granting 52 Motion to Amend/Correct Docket Control Order. Signed by Magistrate Judge Roy S. Payne on 1/17/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 01/18/2017)
2017-01-18
1
NOTICE by Foundation Medicine, Inc. of Compliance Regarding Service of P.R. 4-2 Disclosures (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 02/02/2017)
2017-02-02
1
NOTICE of Discovery Disclosure by Guardant Health, Inc. (P.R. 4-2) (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 02/03/2017)
2017-02-03
1
MEMORANDUM OPINION AND ORDER. Signed by Magistrate Judge Roy S. Payne on 2/14/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-02-14
1
REPORT AND RECOMMENDATIONS re 29 MOTION to Dismiss Plaintiff's Complaint filed by Guardant Health, Inc... Signed by Magistrate Judge Roy S. Payne on 2/14/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 02/15/2017)
2017-02-15
1
Unopposed MOTION to Amend/Correct 56 Order on Motion to Amend/Correct Docket Control Order by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 02/22/2017)
2017-02-22
1
AMENDED DOCKET CONTROL ORDER granting 61 Unopposed MOTION to Amend/Correct 56 Order on Motion to Amend/Correct Docket Control Order. Pretrial Conference set for 10/10/2017 09:00 AM before Magistrate Judge Roy S. Payne., Amended Pleadings due by 3/2/2017., Jury Selection set for 11/6/2017 09:00AM before Judge Rodney Gilstrap., Mediation Completion due by 6/15/2017., Markman Hearing set for 5/18/2017 09:00 AM before Magistrate Judge Roy S. Payne., Motions due by 9/18/2017., Proposed Pretrial Order due by 10/2/2017. Signed by Magistrate Judge Roy S. Payne on 2/26/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 02/27/2017)
2017-02-27
1
***FILED IN ERROR*** MOTION for Reconsideration re 59 Memorandum & Opinion (Objection to the Non-Dispositive Order of United States Magistrate Judge Denying Defendants Motion to Transfer Venue to the Northern District of California) by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) Modified on 3/1/2017 (ch, ). [Transferred from Texas Eastern on 6/23/2017.] (Entered: 02/28/2017)
2017-02-28
1
RESPONSE to 59 Memorandum & Opinion (Objection to the Non-Dispositive Order of United States Magistrate Judge Denying Defendants Motion to Transfer Venue to the Northern District of California) filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 03/01/2017)
2017-03-01
1
***FILED IN ERROR. FILED UNDER THE WRONG EVENT Document # 63, Motion for Reconsideration. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-03-01
1
No Actions
Joint Claim Construction and Prehearing Statement by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A - Agreed Claim Constructions, # 2 Exhibit B - Parties Proposed Preliminary Claim)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 03/02/2017)
2017-03-02
1
RESPONSE to 64 Response to Non-Motion, Plaintiff's Opposition to Defendant's Objection to Order Denying Defendant's Motion to Transfer Venue filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - Announcement)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 03/14/2017)
2017-03-14
1
NOTICE of Attorney Appearance - Pro Hac Vice by Margaret E Ives on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-6201005. (Ives, Margaret) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 03/15/2017)
2017-03-15
1
NOTICE of Attorney Appearance - Pro Hac Vice by Diane Seol on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-6203485. (Seol, Diane) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 03/17/2017)
2017-03-17
1
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 60 Report and Recommendations. Denying 29 Motion to Dismiss for failure to state claim. Signed by Judge Rodney Gilstrap on 3/21/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-03-21
1
Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/03/2017)
2017-04-03
1
ORDER granting 70 Motion for Extension of Time to Answer Complaint. Signed by Magistrate Judge Roy S. Payne on 4/4/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/05/2017)
2017-04-04
1
Opening CLAIM CONSTRUCTION BRIEF filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1 - '830 Patent, # 2 Exhibit 2 - Initial Declaration of Dr. Gabriel, # 3 Exhibit 3 - Declaration of John Quackenbush, # 4 Exhibit 4 - Deposition Excerpts, # 5 Exhibit 5 - Rebuttal Declaration of Dr. Gabriel)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/06/2017)
2017-04-06
1
NOTICE by Foundation Medicine, Inc. of Compliance Regarding Service of Plaintiff's Technical Tutorial (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/06/2017)
2017-04-06
1
ORDER - Court appoints Don Tiller as the technical advisor in this case. Signed by Magistrate Judge Roy S. Payne on 4/12/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/13/2017)
2017-04-13
1
***DEFICIENT DOCUMENT*** ANSWER to 1 Complaint,, COUNTERCLAIM against Foundation Medicine, Inc. by Guardant Health, Inc..(Heinrich, Alan) Modified on 4/18/2017 (ch, ). [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/14/2017)
2017-04-14
1
ANSWER to 1 Complaint,, COUNTERCLAIM against Foundation Medicine, Inc. by Guardant Health, Inc..(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/18/2017)
2017-04-18
1
NOTICE of Deficiency regarding the 75 submitted NO CERTIFICATE OF SERVICE. Correction should be made by one business day (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-04-18
1
No Actions
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-04-18
1
No Actions
RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by Guardant Health, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Heinrich, Alan) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/20/2017)
2017-04-20
1
SEALED Opposed MOTION to Compel Complete Responses to Interrogatories by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Fair, Andrea) Modified on 4/27/2017 (ch, ). [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/27/2017)
2017-04-27
1
Additional Attachments to Main Document: 78 Opposed MOTION to Compel Complete Responses to Interrogatories.. (Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/27/2017)
2017-04-27
1
REPLY to 72 Claim Construction Brief, filed by Foundation Medicine, Inc.. (Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 04/27/2017)
2017-04-27
1
NOTICE FROM CLERK - re 78 Opposed MOTION to Compel Complete Responses to Interrogatories. THIS WAS SEALED PER ATTORNEY, CERTIFICATE OF AUTHORIZATION WILL BE FILED AND LINKED TO #78. (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-04-27
1
No Actions
MOTION to Stay by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/03/2017)
2017-05-03
1
Joint Claim Construction Chart Pursuant to Patent Local Rule 4-5 by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/04/2017)
2017-05-04
1
Plaintiff Foundation Medicine, Inc.'s ANSWER to 76 Answer to Complaint, Counterclaim by Foundation Medicine, Inc..(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/08/2017)
2017-05-08
1
SEALED RESPONSE to Motion re 78 Opposed MOTION to Compel Complete Responses to Interrogatories filed by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/11/2017)
2017-05-11
1
NOTICE of Attorney Appearance - Pro Hac Vice by Sandra L Haberny on behalf of Guardant Health, Inc.. Filing fee $ 100, receipt number 0540-6290642. (Haberny, Sandra) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/12/2017)
2017-05-12
1
RESPONSE in Opposition re 81 MOTION to Stay filed by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/15/2017)
2017-05-15
1
Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Markman Hearing held on 5/18/2017. (Court Reporter Tammy Goolsby.) (bga, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/18/2017)
2017-05-18
1
CLAIM CONSTRUCTION MEMORANDUM OPINION AND ORDER -. Signed by Magistrate Judge Roy S. Payne on 5/19/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-05-19
1
ORDER - The Court has received Mr. Tillers invoice for services through May 19, 2017, ORDERS payment to be promptly made as follows. Signed by Magistrate Judge Roy S. Payne on 5/22/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/22/2017)
2017-05-22
1
Emergency MOTION to Modify Protective Order by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/23/2017)
2017-05-23
1
Unopposed MOTION for Extension of Time to File Response/Reply as to 90 Emergency MOTION to Modify Protective Order by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Fair, Andrea) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/24/2017)
2017-05-24
1
PAPER TRANSCRIPT REQUEST by Guardant Health, Inc. for proceedings held on May 18, 2017 Claim Construction Hearing before Judge Mag. Judge Roy S. Payne. (Haberny, Sandra) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/24/2017)
2017-05-24
1
ORDER granting 91 Motion for Extension of Time to File Response/Reply re 90 Emergency MOTION to Modify Protective Order Responses due by 6/1/2017. Signed by Magistrate Judge Roy S. Payne on 5/25/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/25/2017)
2017-05-25
1
NOTICE of Attorney Appearance - Pro Hac Vice by Robert Shames on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-6315110. (Shames, Robert) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/31/2017)
2017-05-31
1
NOTICE of Attorney Appearance - Pro Hac Vice by G. Mark Edgarton on behalf of Foundation Medicine, Inc.. Filing fee $ 100, receipt number 0540-6315316. (Edgarton, G.) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 05/31/2017)
2017-05-31
1
NOTICE by Guardant Health, Inc. Notice of Plaintiff's Filing of New Lawsuit on the '830 Patent Against Guardant in the District of Delaware (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Heinrich, Alan) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/01/2017)
2017-06-01
1
RESPONSE in Opposition re 90 Emergency MOTION to Modify Protective Order filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit Combined Exhibits)(Heinrich, Alan) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/01/2017)
2017-06-01
1
ORDER denying 90 Emergency Motion to Modify Protective Order. Signed by Magistrate Judge Roy S. Payne on 6/5/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/05/2017)
2017-06-05
1
RESPONSE to 96 Notice (Other) of New Lawsuit on the '830 Patent in the District of Delaware filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A - Delaware complaint)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/05/2017)
2017-06-05
1
NOTICE by Guardant Health, Inc. re 78 Opposed MOTION to Compel Complete Responses to Interrogatories of Request for Oral Hearing (Henry, Claire) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/09/2017)
2017-06-09
1
Joint MOTION to Amend/Correct the Docket Control Order by Foundation Medicine, Inc.. (Attachments: # 1 Text of Proposed Order)(Jackson, John) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/12/2017)
2017-06-12
1
MOTION to Dismiss for Improper Venue, or Alternatively to Transfer Under 28 U.S.C. 1406 by Guardant Health, Inc.. (Attachments: # 1 Affidavit Declaration of Steven Collora, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Heinrich, Alan) (Additional attachment(s) added on 6/13/2017: # 5 Text of Proposed Order) (ch, ). [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/12/2017)
2017-06-12
1
NOTICE of Hearing on Motion 78 Opposed MOTION to Compel Complete Responses to Interrogatories : Motion Hearing set for 7/6/2017 09:00 AM before Magistrate Judge Roy S. Payne. (bga, ) [Transferred from Texas Eastern on 6/23/2017.]
2017-06-12
1
No Actions
NOTICE of Attorney Appearance - Pro Hac Vice by Andrew E. Krause on behalf of Guardant Health, Inc.. Filing fee $ 100, receipt number 0540-6333442. (Krause, Andrew) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/13/2017)
2017-06-13
1
ORDER granting 101 Joint MOTION to Amend/Correct the Docket Control Order. Mediation Completion due by 7/31/2017. Signed by Magistrate Judge Roy S. Payne on 6/13/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/13/2017)
2017-06-13
1
NOTICE by Guardant Health, Inc. re 78 Opposed MOTION to Compel Complete Responses to Interrogatories (Krause, Andrew) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/16/2017)
2017-06-16
1
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Markman Hearing Proceedings held on 5/18/17, before Judge Payne. Court Reporter/Transcriber: Tammy Goolsby, Telephone number: 903/445-5355. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/13/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 9/21/2017. (dlc, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/19/2017)
2017-06-19
1
Joint MOTION to Change Venue to District of Delaware by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Krause, Andrew) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/19/2017)
2017-06-19
1
ORDER granting 107 Motion to Change Venue. ORDERED that the case be immediately transferred to the United States District Court for the District of Delaware, where it is related to the currently pending action 1:17-cv-00607-LPS (CJB). Because the Court is transferring the case, the parties' proposed Order memorializing the parties' joint stipulation should be submitted to the transferee court. It is further ORDERED that all deadlines in this case are stayed pending transfer. Signed by Magistrate Judge Roy S. Payne on 6/20/2017. (ch, ) [Transferred from Texas Eastern on 6/23/2017.] (Entered: 06/20/2017)
2017-06-20
1
Record of case transferred in from District of Texas Eastern; Case Number in Other District: 2:16-cv-00523. Copy of Docket Sheet and original file (Entered: 06/23/2017)
2017-06-23
1
Local Counsel Letter sent. Notice of Compliance deadline set for 7/27/2017. (ceg) (Entered: 06/23/2017)
2017-06-23
1
NOTICE of Appearance by Karen Jacobs on behalf of Foundation Medicine, Inc. (Jacobs, Karen) (Entered: 06/23/2017)
2017-06-23
1
MOTION for Pro Hac Vice Appearance of Attorney Eric J. Marandett, G. Mark Edgarton, Margaret E. Ives, Matthew S. Barrett & Diane Seol of Choate Hall & Stewart LLP - filed by Foundation Medicine, Inc.. (Jacobs, Karen) (Entered: 06/23/2017)
2017-06-23
1
Remark: added related case (17-cv-607-LPS-CJB) per document # 7 filed in 17-cv-607 on 6/21/17. (rjb)
2017-06-23
1
No Actions
Remark
2017-06-23
1
No Actions
Letter to Mr. John A. Cerino, Clerk of Court from Karen Jacobs regarding related case - re Remark. (Jacobs, Karen) (Entered: 06/27/2017)
2017-06-27
1
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
2017-06-28
1
No Actions
Case Assigned/Reassigned
2017-06-28
1
No Actions
ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 6/29/17. (ntl) (Entered: 06/29/2017)
2017-06-29
1
SO ORDERED, re 112 MOTION for Pro Hac Vice Appearance of Attorney Eric J. Marandett, G. Mark Edgarton, Margaret E. Ives, Matthew S. Barrett & Diane Seol of Choate Hall & Stewart LLP filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 6/29/17. (ntl)
2017-06-29
1
No Actions
SO ORDERED
2017-06-29
1
No Actions
Order Referring Case to Magistrate Judge
2017-06-29
1
No Actions
PROPOSED ORDER Procedures Order by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 07/06/2017)
2017-07-06
1
SO ORDERED D.I. 115 Proposed Procedures Order filed by Foundation Medicine, Inc.. Ordered by Judge Christopher J. Burke on 7/6/2017. (dlb)
2017-07-06
1
No Actions
SO ORDERED
2017-07-06
1
No Actions
STIPULATION TO EXTEND TIME to submit the Statement required by D. Del. LR 81.2 to 7/24/2017 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/14/2017)
2017-07-14
1
MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, and Aaron Huang - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/17/2017)
2017-07-17
1
SO ORDERED D.I. 116 STIPULATION TO EXTEND TIME to submit the Statement required by D. Del. LR 81.2 to 7/24/2017 filed by Guardant Health, Inc.. Signed by Judge Christopher J. Burke on 7/17/2017. (dlb)
2017-07-17
1
No Actions
SO ORDERED
2017-07-17
1
No Actions
Joint STATEMENT Concerning Transferred Case Pursuant to D. Del. LR 81.2 by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 07/24/2017)
2017-07-24
1
NOTICE requesting Clerk to remove Irell and Manella LLP as co-counsel.. (Farnan, Brian) (Entered: 07/25/2017)
2017-07-25
1
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. ยง 636(b) and any further Order of the Court; all subsequent filings in this action shall include the initials LPS-CJB after the case number. ORDERED by Judge Leonard P. Stark on 7/26/17. Associated Cases: 1:17-cv-00607-LPS-CJB, 1:17-cv-00807-LPS-CJB (ntl) (Entered: 07/26/2017)
2017-07-26
1
Order Referring Case to Magistrate Judge
2017-07-26
1
No Actions
ORAL ORDER Setting Telephonic Case Management/Scheduling Conference: The Court, having reviewed the parties' July 24, 2017 statement, (D.I. 118), hereby ORDERS as follows: (1) A telephonic case management conference will be held on 8/14/2017 at 1:30 p.m. Prior to that teleconference, by no later than 4:00 p.m. on 8/10/2017, the parties shall submit a joint proposed schedule for the remainder of the case, utilizing the form "Patent Scheduling Order (non-ANDA)" found on Chief Judge Stark's portion of the District Court's website with regard to the relevant remaining deadlines. The parties may, at that time, also submit a joint letter of no more than two single-spaced pages explaining their positions as to any disputes over the proposed scheduling order.; (2) Pursuant to the parties' joint request, the Court ADOPTS the protective order found at D.I. 51 on the docket and ENTERS that protective order in this matter.; and (3) By no later than August 2, 2017, the parties shall jointly advise the Court by letter (of no more than one single-spaced page) as to whether they request that the Court schedule a teleconference to hear argument on the pending discovery dispute, (D.I. 78, D.I. 84), or whether they request that the Court resolve that dispute on the papers. Ordered by Judge Christopher J. Burke on 7/28/2017. (dlb)
2017-07-28
1
No Actions
Order Setting Scheduling Conference
2017-07-28
1
No Actions
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to the Court's July 28, 2017 Oral Order - re Order Setting Scheduling Conference,,,,,. (Farnan, Brian) (Entered: 08/02/2017)
2017-08-02
1
ORAL ORDER: The Court having reviewed the parties' August 2, 2017 letter requesting a discovery dispute teleconference, IT IS HEREBY ORDERED that a teleconference is set for August 23, 2017 at 2:00 PM. Each side will be allocated 30 minutes for argument before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 8/4/2017. (dlb)
2017-08-04
1
No Actions
Oral Order AND ~Util - Set Deadlines/Hearings
2017-08-04
1
No Actions
SO ORDERED D.I. 117 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, and Aaron Huang filed by Guardant Health, Inc.. Signed by Judge Christopher J. Burke on 8/7/2017. (dlb)
2017-08-07
1
No Actions
SO ORDERED
2017-08-07
1
No Actions
Pro Hac Vice Attorney Edward R. Reines for Guardant Health, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
2017-08-09
1
No Actions
Pro Hac Vice Attorney Derek C. Walter for Guardant Health, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
2017-08-09
1
No Actions
Pro Hac Vice Attorney Aaron Y. Huang for Guardant Health, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
2017-08-09
1
No Actions
Add Attorneys - PHV only
2017-08-09
1
No Actions
Add Attorneys - PHV only
2017-08-09
1
No Actions
PROPOSED ORDER // Agreed-Upon Scheduling Order by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 08/10/2017)
2017-08-10
1
SCHEDULING ORDER: Fact Discovery completed by 2/20/2018. Dispositive Motions due by 8/17/2018. Answering Brief due 9/7/2018. Reply Brief due 9/21/2018. A Motion Hearing is set for 10/5/2018 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 12/28/2018 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 1/14/2019 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 8/15/2017. (dlb) (Entered: 08/15/2017)
2017-08-14
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 8/14/2017. There being no scheduling disputes, the Court will adopt the parties' proposed scheduling order. The Court will issue an oral order shortly, setting out letter briefing instructions for Defendant's proposed early summary judgment motion practice. (Clerk, K. Oliver) APPEARANCES:Counsel for Plaintiffs: Karen Jacobs, Eric Marandett, Margaret Ives, Matthew Barrett; Counsel for Defendants: Michael Farnan, Edward Reines, Derek Walter (Court Reporter Valerie Gunning.) (dlb)
2017-08-14
1
No Actions
CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb)
2017-08-14
1
No Actions
ORAL ORDER: In light of the discussion during today's case management teleconference, the Court hereby ORDERS as follows: (1) By no later than August 21, 2017, Defendant shall file a letter brief of no more than three (3) single-spaced pages, setting out its position in further detail as to why early summary judgment motion practice should be permitted in this case, and proposing a schedule for such a process.; (2) By no later than August 28, 2017, Plaintiff shall submit a responsive letter brief of no more than three (3) single-spaced pages, providing its position as to why such an early summary judgment process will not serve judicial efficiency or is otherwise not warranted, and otherwise identifying any problematic features of Defendant's proposed schedule. Ordered by Judge Christopher J. Burke on 8/14/2017. (dlb)
2017-08-15
1
No Actions
Oral Order
2017-08-15
1
No Actions
Scheduling Conference
2017-08-15
1
No Actions
STIPULATION TO EXTEND TIME for Letter Briefing Schedule to Dates as Outlined in Stipulation - filed by Foundation Medicine, Inc.. (Jacobs, Karen) (Entered: 08/17/2017)
2017-08-17
1
SO ORDERED D.I. 124 STIPULATION TO EXTEND TIME for Letter Briefing Schedule to Dates as Outlined in Stipulation filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 8/18/2017. (dlb)
2017-08-18
1
No Actions
SO ORDERED
2017-08-18
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 8/23/2017. The Court heard argument on the Plaintiff's Motion to Compel Complete Responses to Interrogatories. The Court will take the parties' arguments under advisement and issue a decision in the near term. (Court Reporter Stacy Vickers) (Clerk, K. Oliver) APPEARANCES: Counsel for Plaintiffs: Jeremy Tigan, Mark Edgarton, Matthew Barrett; Counsel for Defendants: Michael Farnan, Edward Reines, Derek Walter (dlb)
2017-08-23
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request to Move for Early Summary Judgment - re Oral Order,,, SO ORDERED. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 08/25/2017)
2017-08-25
1
REDACTED VERSION of 125 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 08/25/2017)
2017-08-25
1
ORAL ORDER: The Court, having reviewed the briefing related to Defendant's Motion to Compel Complete Response to Interrogatories No. 1 and 2 ("Motion"), (D.I. 78; D.I. 84), and having considered the arguments made by the parties during the August 23, 2017 discovery dispute teleconference, hereby ORDERS that Defendant's Motion is GRANTED-IN-PART and DENIED-IN-PART, for the following reasons: (1) As to Defendant's request that Plaintiff "identify which claimed bait set each bait in its practicing products falls within[,]" (D.I. 78 at 2), the Court concludes that Plaintiff has already done so, (see id., ex. 2 at 7-8). To the extent that Defendant complains that Plaintiff "identifies multiple possible bait sets for the same groupings of baits[,]" (D.I. 78 at 3), the Court is not convinced that this renders insufficient Defendant's response to either Interrogatory No. 1 or 2; rather, the parties' arguments on this issue appear to represent a mere disagreement regarding what is required to practice the independent claims of the patent-in-suit.; (2) With regard to Defendant's requests that Plaintiff (a) identify the "preselected efficiency for selection for each bait set used in its practicing products;" and (b) "explain how the preselected efficiencies for selection of each identified bait set are unique[,]" (id. at 2), it appears undisputed that Plaintiff has not done this, nor attempted to do this, in its answers to the interrogatories. Instead, Plaintiff's response (to Interrogatory No. 2) sets out an answer most directly related to the "efficiency of selection" (not the "unique" "preselected" efficiency of selection) of its bait sets. (See D.I. 78, ex. 2 at 9) Much of Plaintiff's argument as to why its answers are not deficient on this score is that in its view, the interrogatories do not call for the requested information. The Court agrees that this is the case with regard to Interrogatory No. 2. But the Court finds that a fair reading of Interrogatory No. 1 is that it calls for the material at issue. Plaintiff shall produce a supplemental response to the interrogatory, containing the requested information, by no later than September 1, 2017, unless the parties agree to a different deadline or the Court extends that deadline at a party's request. Ordered by Judge Christopher J. Burke on 8/25/2017. (dlb)
2017-08-25
1
No Actions
Discovery Hearing
2017-08-25
1
No Actions
Oral Order
2017-08-25
1
No Actions
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Foundation Medicine's opposition to Guardant Health's August 25, 2017 Letter - re 125 Letter. (Tigan, Jeremy) (Entered: 09/05/2017)
2017-09-05
1
ORAL ORDER: The Court having reviewed Defendant's letter brief requesting leave to file an early summary judgment motion regarding non-infringement, (D.I. 125 ), HEREBY ORDERS that Defendant's request is DENIED. The Court does not find good cause to amend the Scheduling Order pursuant to Federal Rule of Civil Procedure 16(b)(4) to allow for early summary judgment. Defendant's position is that the claims of United States Patent No. 9,340,830 (the "'830 patent") requires an analysis of a tumor sample that is a collection of cells, and that Defendant's accused genomic cancer test cannot infringe because the tumor sample that it utilizes is cell-free DNA from the patient's blood. (D.I. 125 at 1-3) But Plaintiff's position is that the claims cover a method of analyzing somatic mutations present in the DNA of a patient's tumor cells, with the steps of the method utilizing tumor DNA that has already been extracted from a tumor cell. (D.I. 127 at 1-2) Plaintiff asserts that it is therefore irrelevant that the DNA tested in Defendant's accused product is cell-free, because it once originated from tumor cells, and that is all that the claims require. (Id. ("Any test that performs each of the steps of [the independent claims 1 and 65] on DNA originating from tumor cells (such as Guardant360) infringes the '830 patent.")) The issue does not appear to be as clear-cut as Defendant presents it. Rather, the parties appear to have a real dispute --- and they may actually have more than one dispute, in that they may be in disagreement not only about whether the accused product reads on the claims, but also about what it is that the claims themselves require. Additionally, Plaintiff credibly asserts that the parties' fact disputes here implicate additional discovery and expert testimony that has not yet taken place. (Id. at 2-3) While the Court has no current opinion on the merits of the parties' arguments, the complexity that still remains as to those arguments augers in favor of denial of Defendant's request. The Court is not persuaded that early summary judgment would be an efficient path to disposition of the case. Ordered by Judge Christopher J. Burke on 9/12/2017. (mlc)
2017-09-12
1
No Actions
Oral Order
2017-09-12
1
No Actions
NOTICE OF SERVICE of Plaintiff's Fourth Supplemental Response to Defendant's Interrogatory No. 2 filed by Foundation Medicine, Inc..(Jacobs, Karen) (Entered: 09/22/2017)
2017-09-22
1
Case Referred to Mediation - Magistrate Judge only
2017-10-25
1
No Actions
ORDER Setting Mediation Conference: A Telephone Conference is set for 2/26/2018 at 11:15 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/8/2017. (dlb) (Entered: 11/08/2017)
2017-11-08
1
MOTION to Stay Pending Inter Partes Review - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 11/10/2017)
2017-11-10
1
OPENING BRIEF in Support re 130 MOTION to Stay Pending Inter Partes Review filed by Foundation Medicine, Inc..Answering Brief/Response due date per Local Rules is 11/27/2017. (Tigan, Jeremy) (Entered: 11/10/2017)
2017-11-10
1
DECLARATION re 130 MOTION to Stay Pending Inter Partes Review (Margaret E. Ives) by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/10/2017)
2017-11-10
1
ANSWERING BRIEF in Opposition re 130 MOTION to Stay Pending Inter Partes Review filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 12/4/2017. (Farnan, Brian) (Entered: 11/27/2017)
2017-11-27
1
DECLARATION re 133 Answering Brief in Opposition of Derek C. Walter by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 11/27/2017)
2017-11-27
1
REPLY BRIEF re 130 MOTION to Stay Pending Inter Partes Review filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/04/2017)
2017-12-04
1
REQUEST for Oral Argument by Guardant Health, Inc. re 130 MOTION to Stay Pending Inter Partes Review. (Farnan, Brian) (Entered: 12/12/2017)
2017-12-12
1
NOTICE requesting Clerk to remove Aaron Huang as co-counsel.. (Farnan, Brian) (Entered: 01/11/2018)
2018-01-11
1
Order Setting Hearing on Motion
2018-01-23
1
No Actions
ORAL ORDER Setting Hearing on Motion 130 MOTION to Stay Pending Inter Partes Review : A Telephonic Motion Hearing is set for 2/14/2018 at 01:00 PM before Judge Christopher J. Burke regarding Plaintiff's MOTION to Stay. (D.I. 130) Plaintiff's counsel shall initiate the call to the conference line 302-573-4595. Each side is allocated 30 minutes for argument. Ordered by Judge Christopher J. Burke on 1/23/2018. (dlb)
2018-01-23
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Telephonic oral argument held on 2/14/2018 regarding D.I. 130 MOTION to Stay Pending Inter Partes Review filed by Foundation Medicine, Inc.. The Court took the matter under advisement. (Court Reporter Valerie Gunning. Clerk: Crawford) Appearances: K. Jacobs, M. Ives, E. Marandett for Plaintiff; B. Farnan, D. Walter for Defendant. (mlc)
2018-02-14
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Oral Argument
2018-02-14
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MEMORANDUM ORDER GRANTING-IN-PART D.I. 130 MOTION to Stay Pending Inter Partes Review filed by Foundation Medicine, Inc.. Signed by Judge Christopher J. Burke on 2/15/2018. (mlc)
2018-02-15
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MOTION for Pro Hac Vice Appearance of Attorney Trevor J. Quist - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 06/04/2018)
2018-06-04
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SO ORDERED D.I. 139 MOTION for Pro Hac Vice Appearance of Attorney Trevor J. Quist filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 6/6/2018. (dlb)
2018-06-06
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Pro Hac Vice Attorney Trevor J. Quist for Guardant Health, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
2018-06-12
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STIPULATION of Dismissal by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/10/2018)
2018-07-10
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SO ORDERED, re 140 Stipulation of Dismissal filed by Guardant Health, Inc., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 7/12/18. (ntl)
2018-07-13
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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number 9,340,830. (etg) (Entered: 07/23/2018)
2018-07-23
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