Guardant Health, Inc. v. Foundation Medicine, Inc.
1:17-cv-01616
Overview
Case Number
1:17-cv-01616
Filing Date
2017-11-09
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
Docket Entries
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Foundation Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2263637.) - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(sar) (Entered: 11/09/2017)
2017-11-09
1
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Foundation Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2263637.) - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(sar) (Entered: 11/09/2017)
2017-11-09
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Foundation Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2263637.) - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(sar) (Entered: 11/09/2017)
2017-11-09
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Foundation Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2263637.) - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(sar) (Entered: 11/09/2017)
2017-11-09
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Foundation Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2263637.) - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(sar) (Entered: 11/09/2017)
2017-11-09
2
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Foundation Medicine, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2263637.) - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(sar) (Entered: 11/09/2017)
2017-11-09
2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 11/09/2017)
2017-11-09
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,598,731 B2;. (sar) (Entered: 11/09/2017)
2017-11-09
1
Summons Issued with Magistrate Consent Notice attached as to Foundation Medicine, Inc. on 11/9/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar)
2017-11-09
1
No Actions
Summons Issued
2017-11-09
1
No Actions
Case Assigned/Reassigned
2017-11-15
1
No Actions
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-01616-LPS, 1:17-cv-01623-LPS (rjb)
2017-11-15
1
No Actions
SUMMONS Returned Executed by Guardant Health, Inc.. Foundation Medicine, Inc. served on 11/10/2017, answer due 12/1/2017. (Farnan, Brian) (Entered: 11/16/2017)
2017-11-16
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 11/21/17. Associated Cases: 1:17-cv-01616-LPS, 1:17-cv-01623-LPS (ntl) (Entered: 11/21/2017)
2017-11-21
1
MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 11/21/2017)
2017-11-21
1
Order Referring Case to Magistrate Judge
2017-11-21
1
No Actions
STIPULATION TO EXTEND TIME for Foundation Medicine to respond to the Complaint to January 16, 2018 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/27/2017)
2017-11-27
1
SO ORDERED D.I. 7 STIPULATION TO EXTEND TIME for Foundation Medicine to respond to the Complaint to January 16, 2018 filed by Foundation Medicine, Inc.. Ordered by Judge Christopher J. Burke on 11/27/2017. (mlc)
2017-11-27
1
No Actions
SO ORDERED
2017-11-27
1
No Actions
SO ORDERED D.I. 6 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter filed by Guardant Health, Inc.. Ordered by Judge Christopher J. Burke on 11/27/17. (mlc)
2017-11-27
1
No Actions
Pro Hac Vice Attorney Derek C. Walter,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. (crb)
2017-12-20
1
No Actions
Add Attorneys - PHV only
2017-12-20
1
No Actions
ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Guardant Health, Inc. by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/16/2018)
2018-01-16
1
Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Roche Holdings Inc. for Foundation Medicine, Inc., Foundation Medicine, Inc. filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 01/16/2018)
2018-01-16
1
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order (with the exception that Paragraph (g) of the parties' proposed Scheduling Order shall be altered as follows: (a) the letter referenced in Paragraph (g)(ii) should be addressed to Judge Burke; (b) the time frames for the letters referenced in Paragraph (g)(iii) should be changed to 96 hours for the initial letter filed by the movant and 48 hours for the responsive letter filed by the opposing party; and (c) the parties should include an additional requirement that, after the Court has issued an order scheduling the discovery teleconference, the parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 1/17/2017. (dlb)
2018-01-17
1
No Actions
REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience: http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb)
2018-01-17
1
No Actions
Remark
2018-01-17
1
No Actions
Oral Order
2018-01-17
1
No Actions
First AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Michael) (Entered: 02/05/2018)
2018-02-05
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,598,731 B2; US 9,834,822 B2; US 9,840,743 B2; . (Farnan, Michael) (Entered: 02/05/2018)
2018-02-05
1
Letter to The Honorable Christopher C. Burke from Brian E. Farnan regarding Scheduling Order - re Oral Order,,,,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 02/16/2018)
2018-02-16
1
STIPULATION TO EXTEND TIME by which Foundation Medicine, Inc. shall respond to the First Amended Complaint to March 6, 2018 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 02/20/2018)
2018-02-20
1
SO ORDERED D.I. 13 STIPULATION TO EXTEND TIME by which Foundation Medicine, Inc. shall respond to the First Amended Complaint to March 6, 2018 filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 2/21/2018. (dlb)
2018-02-21
1
No Actions
SO ORDERED AND ~Util - Set/Reset Answer Deadline
2018-02-21
1
No Actions
Order Setting Scheduling Conference
2018-02-22
1
No Actions
Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Teleconference is set for 3/19/2018 at 02:00 PM before Judge Christopher J. Burke. Because the proposed order is without any disputes, outside counsel may participate but are not required. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 2/22/2018. (dlb)
2018-02-22
1
No Actions
NOTICE OF SERVICE of Guardant Health, Inc.'s First Set of Interrogatories to Defendant (Nos. 1-5) and Guardant Health, Inc.'s First Set of Requests for Production of Documents and Things to Defendant (Nos. 1-61) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/01/2018)
2018-03-01
1
STIPULATION for Leave to File Second Amended Complaint by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
1
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
1
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Second AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
2
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,598,731 B2; US 9,834,822 B2; US 9,840,743 B2; US 9,902,992 B2; . (Farnan, Michael) (Entered: 03/06/2018)
2018-03-06
1
SO ORDERED D.I. 15 Stipulation for Leave to File Second Amended Complaint filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 3/6/2018. (dlb)
2018-03-06
1
No Actions
1 - Terminate Deadlines AND SO ORDERED
2018-03-06
1
No Actions
NOTICE OF SERVICE of Plaintiff's Identification of Accused Products, Asserted Patents, and Damages Model filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/09/2018)
2018-03-09
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Combining Case Management Conferences. (Farnan, Michael) (Entered: 03/12/2018)
2018-03-12
1
Order Setting Scheduling Conference
2018-03-13
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' recent letters (D.I. 19 in Civil Action No. 17-1616-LPS-CJB and D.I. 17-18 in Civil Action No. 17-1623-LPS-CJB), hereby ORDERS as follows: The Court will hold one in-person Case Management/Scheduling Conference in which it will discuss both cases, on March 26, 2018 at 1:00 p.m. in Chambers. To the extent that any counsel has a conflict and cannot attend that in-person conference, they should notify the Court promptly, and in any event no later than March 15, 2018. To the extent any party wishes to make a proposal as to what the contours of a consolidated schedule applying to both cases should look like, they may do so by letter filed no later than March 21, 2018 (and may attach a copy of the proposed schedule to such a letter). Otherwise, the Court will utilize the parties' previously-submitted materials in addressing outstanding disputes at the conference. Ordered by Judge Christopher J. Burke on 3/13/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) Modified on 3/13/2018 (dlb).
2018-03-13
1
No Actions
ANSWER to Amended Complaint, re: 16 Amended Complaint, with Jury Demand, COUNTERCLAIM against Guardant Health, Inc. by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 03/26/2018)
2018-03-26
1
Scheduling Conference
2018-03-26
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 3/26/2018. The Court heard the parties regarding any disputes and gave them key dates. Counsel shall confer regarding the rulings and submit one joint proposed schedule by April 2, 2018. (Court Reporter Brian Gaffigan) Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2018-03-26
1
No Actions
Official Transcript of Case Managment Conference held on March 26, 2018 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. 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. Redaction Request due 4/19/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/27/2018. (bpg) (Entered: 03/29/2018)
2018-03-29
1
PROPOSED ORDER Proposed Scheduling Order by Guardant Health, Inc.. (Attachments: # 1 Letter to The Honorable Christopher J. Burke)(Farnan, Brian) (Entered: 04/02/2018)
2018-04-02
1
MOTION for Pro Hac Vice Appearance of Attorney Eric J. Marandett, Maraget E. Ives, and Matthew S. Barrett of Choate Hall & Stewart LLP - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 04/03/2018)
2018-04-03
1
SCHEDULING ORDER: Joinder of Parties due by 1/4/2019. Amended Pleadings due by 1/4/2019. Fact Discovery completed by 4/12/2019. Status Report due by 2/8/2019. Dispositive Motions due by 10/4/2019. A Motion Hearing is set for 1/24/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 9/12/2018. Claim Construction Answering Brief due by 10/19/2018. Claim Construction Reply Brief due by 11/2/2018. A Markman Hearing is set for 12/14/2018 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 5/8/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 5/18/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 6/8/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 4/3/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 04/04/2018)
2018-04-04
1
MOTION for Pro Hac Vice Appearance of Attorney Diane Seol and John C. Calhoun of Choate Hall & Stewart LLP - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 04/09/2018)
2018-04-09
1
NOTICE OF SERVICE of Guardant Health, Inc.'s Initial Disclosures filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/09/2018)
2018-04-09
1
NOTICE OF SERVICE of Foundation Medicine, Inc.'s Initial Disclosures filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/09/2018)
2018-04-09
1
NOTICE OF SERVICE of Foundation Medicine Inc.'s First Set of Requests for Production of Documents and Things to Plaintiff filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/12/2018)
2018-04-12
1
PROPOSED ORDER Proposed Protective Order by Guardant Health, Inc.. (Farnan, Brian) (Entered: 04/13/2018)
2018-04-13
1
ANSWER to 20 Answer to Amended Complaint, Counterclaim by Guardant Health, Inc..(Farnan, Michael) (Entered: 04/16/2018)
2018-04-16
1
SO ORDERED D.I. 29 Proposed Protective Order filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 4/16/2018. (dlb)
2018-04-16
1
No Actions
SO ORDERED
2018-04-16
1
No Actions
NOTICE OF SERVICE of (1) Responses to Guardant's First Set of Interrogatories (Nos. 1-5); and (2) Objections and Responses to Plaintiff's First Set of Requests for Production of Documents and Things (Nos. 1-61) filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/26/2018)
2018-04-26
1
SO ORDERED D.I. 25 MOTION for Pro Hac Vice Appearance of Attorney Diane Seol and John C. Calhoun of Choate Hall & Stewart LLP filed by Foundation Medicine, Inc., 23 MOTION for Pro Hac Vice Appearance of Attorney Eric J. Marandett, Maraget E. Ives, and Matthew S. Barrett of Choate Hall & Stewart LLP filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 5/1/2018. (dlb)
2018-05-01
1
No Actions
PROPOSED ORDER Proposed Stipulated Electronic Discovery Order by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/03/2018)
2018-05-03
1
SO ORDERED D.I. (35 in 1:17-cv-01623-LPS-CJB, 32 in 1:17-cv-01616-LPS-CJB) Proposed Stipulated Electronic Discovery Order filed by Guardant Health, Inc.. Ordered by Judge Christopher J. Burke on 5/4/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2018-05-04
1
No Actions
NOTICE OF SERVICE of First Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. to Guardant Health, Inc. (1-9) filed by Foundation Medicine, Inc.. (Attachments: # 1 Certificate of Service)(Taylor, James) (Entered: 05/08/2018)
2018-05-08
1
NOTICE OF SERVICE of Plaintiff Guardant Health, Inc.'s Responses and Objections to Defendant Foundation Medicine, Inc.'s First Set of Requests for Production of Documents and Things to Plaintiff (Nos. 1-55) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 05/14/2018)
2018-05-14
1
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)
2018-05-17
1
No Actions
NOTICE OF SERVICE of Plaintiff's ESI Disclosures filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 05/18/2018)
2018-05-18
1
NOTICE OF SERVICE of Disclosures Pursuant to Stipulated Electronic Discovery Order filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 05/18/2018)
2018-05-18
1
NOTICE OF SERVICE of Guardant Health's Infringement Claim Charts for U.S. Patent Nos. 9,598,731; 9,840,743; 9,834,822; and 9,902,992 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 05/25/2018)
2018-05-25
1
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
1
SO ORDERED D.I. (41 in 1:17-cv-01623-LPS-CJB, 38 in 1:17-cv-01616-LPS-CJB) 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. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2018-06-06
1
No Actions
NOTICE OF SERVICE of Plaintiff's Responses and Objections to First Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. (Nos. 1-9) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 06/07/2018)
2018-06-07
1
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. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(ceg)
2018-06-12
1
No Actions
NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 06/25/2018)
2018-06-25
1
ORDER Setting Mediation Conference: A Telephone Conference is set for 7/30/2018 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 7/2/2018. (dlb) (Entered: 07/02/2018)
2018-07-02
1
STIPULATION TO EXTEND TIME for the parties to submit a proposal regarding page limits on claim construction briefing to August 31, 2018 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 08/03/2018)
2018-08-03
1
NOTICE OF SERVICE of Plaintiff Guardant Health, Inc.'s List of Claim Terms and Proposed Constructions filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 08/03/2018)
2018-08-03
1
SO ORDERED D.I. (46 in 1:17-cv-01623-LPS-CJB, 42 in 1:17-cv-01616-LPS-CJB) STIPULATION TO EXTEND TIME for the parties to submit a proposal regarding page limits on claim construction briefing to August 31, 2018 filed by Foundation Medicine, Inc.. Ordered by Judge Christopher J. Burke on 8/3/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2018-08-03
1
No Actions
NOTICE OF SERVICE of Defendants' Preliminary Claim Construction Positions filed by Foundation Medicine, Inc..(Taylor, James) (Entered: 08/07/2018)
2018-08-07
1
NOTICE OF SERVICE of Plaintiff's First Supplemental Response to Joint Interrogatory Nos. 3 & 9 of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 08/10/2018)
2018-08-10
1
NOTICE requesting Clerk to remove Trevor J. Quist as co-counsel.. (Farnan, Michael) (Entered: 08/16/2018)
2018-08-16
1
CLAIM Construction Chart by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Farnan, Brian) (Entered: 08/31/2018)
2018-08-31
1
STIPULATION TO EXTEND TIME Claim Construction Briefing Limits to September 4, 2018 - filed by Guardant Health, Inc.. (Farnan, Michael) (Entered: 08/31/2018)
2018-08-31
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Claim Construction Briefing Page Limits. (Farnan, Brian) (Entered: 09/04/2018)
2018-09-04
1
SO ORDERED D.I. (54 in 1:17-cv-01623-LPS-CJB, 48 in 1:17-cv-01616-LPS-CJB) STIPULATION TO EXTEND TIME Claim Construction Briefing Limits to September 4, 2018 filed by Guardant Health, Inc..Ordered by Judge Christopher J. Burke on 9/4/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2018-09-04
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' September 4, 2018 letter regarding their prospective proposals for claim construction briefing page limits, (D.I. (55 in 1:17-cv-01623-LPS-CJB, 49 in 1:17-cv-01616-LPS-CJB), HEREBY ORDERS as follows: (1) Plaintiff may have 20 pages for its opening brief and 15 pages for its reply brief.; and (2) Defendants may have either: (a) 25 pages for their answering brief and 10 pages for their sur-reply brief, or (b) 20 pages for their answering brief and 15 pages for their sur-reply brief. Ordered by Judge Christopher J. Burke on 9/5/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2018-09-05
1
No Actions
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Defendants' technology tutorial. (Tigan, Jeremy) (Entered: 09/21/2018)
2018-09-21
1
NOTICE OF SERVICE of Plaintiff's First Supplemental Response to Joint Interrogatory No. 6 of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 09/21/2018)
2018-09-21
1
NOTICE of filing the following Non-Paper material(s) in multi media format: two discs containing Plaintiff's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of Guardant Health, Inc. (Farnan, Brian) (Entered: 09/21/2018)
2018-09-21
1
[SEALED] CLAIM CONSTRUCTION OPENING 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, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Brian) (Entered: 09/21/2018)
2018-09-21
1
MULTI MEDIA DOCUMENT filed by Guardant Health, Inc. in the form of a CD containing Plaintiff's Technology Tutorial. Filing related to (52 in 1:17-cv-01616-LPS-CJB) Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 09/26/2018)
2018-09-26
1
MULTI MEDIA DOCUMENT filed by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc. in the form of a CD containing Defendants' Technology Tutorial. Filing related to (50 in 1:17-cv-01616-LPS-CJB, 56 in 1:17-cv-01623-LPS-CJB) Letter (Media on file in Clerk's Office). Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 09/26/2018)
2018-09-26
1
REDACTED VERSION of (53 in 1:17-cv-01616-LPS-CJB) Claim Construction Opening Brief, (59 in 1:17-cv-01623-LPS-CJB) Claim Construction Opening Brief, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-8)(Farnan, Brian) (Entered: 09/28/2018)
2018-09-28
1
NOTICE OF SERVICE of Guardant Health, Inc.'s Second Set of Requests for Production of Documents and Things to Defendant Foundation Medicine, Inc. (Nos. 62 - 81) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 10/03/2018)
2018-10-03
1
ORAL ORDER: The Court hereby ORDERS that by no later than November 30, 2018, the parties shall submit the joint letter required by Paragraph 14 of the Scheduling Order. (Civil Action No. 17-1616-LPS-CJB, D.I. 24 at 11; Civil Action No. 17-1623-LPS-CJB, D.I. 25 at 11) In addition to indicating (1) whether the parties request leave to present testimony at the claim construction hearing and (2) the amount of time the parties are requesting be allocated to them for the claim construction hearing, the parties' joint letter shall also indicate (3) the order in which the parties intend to present the claim terms at issue, including which side will present first for each term. Ordered by Judge Christopher J. Burke on 10/10/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2018-10-10
1
No Actions
CLAIM CONSTRUCTION ANSWERING BRIEF re 53 Claim Construction Opening Brief, filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 10/19/2018)
2018-10-19
1
DECLARATION re (58 in 1:17-cv-01616-LPS-CJB) Claim Construction Answering Brief, (68 in 1:17-cv-01623-LPS-CJB) Claim Construction Answering Brief (Stacey Gabriel) by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 10/19/2018)
2018-10-19
1
STATEMENT re (61 in 1:17-cv-01623-LPS-CJB, 54 in 1:17-cv-01616-LPS-CJB) Multi Media Document, [Defendants' Comments on Plaintiff's Technology Tutorial] by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 10/19/2018)
2018-10-19
1
STATEMENT [Plaintiff's Comments On Defendants' Technology Tutorial] by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/19/2018)
2018-10-19
1
NOTICE OF SERVICE of Defendant Foundation Medicine, Inc.'s Responses and Objections to Plaintiff Guardant Health, Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 62-81) filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 11/02/2018)
2018-11-02
1
CLAIM CONSTRUCTION REPLY BRIEF re 58 Claim Construction Answering Brief filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 11/02/2018)
2018-11-02
1
CLAIM CONSTRUCTION SURREPLY BRIEF re 63 Claim Construction Reply Brief filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/16/2018)
2018-11-16
1
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding courtesy copies of the slides from Defendants' Technical Tutorial - re (50 in 1:17-cv-01616-LPS-CJB, 56 in 1:17-cv-01623-LPS-CJB) Letter. (Attachments: # 1 Defendants' Tutorial Presentation)(Tigan, Jeremy) (Entered: 11/27/2018)
2018-11-27
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Claim Construction Hearing Process. (Farnan, Michael) (Entered: 11/30/2018)
2018-11-30
1
ORAL ORDER: The Court, having reviewed the parties' joint letter regarding the upcoming claim construction hearing, (D.I. 66 in Civil Action No. 17-1616-LPS-CJB; D.I. 76 in Civil Action No. 17-1623-LPS-CJB), HEREBY ORDERS as follows: (1) The Court adopts the parties' proposal that 3 hours be allocated for the hearing, split evenly between Plaintiff and Defendants.; (2) The Court will hear argument on the terms in the order proposed by Defendants, for substantially the reasons offered by Defendants, (id. at 2).; and (3) In light of the dispute as to which side will present first, the Court will defer to the patent owner. (Id.) Plaintiff will present first for each term, followed by Defendants (with Plaintiff and then Defendants thereafter provided opportunity for brief rebuttal). Ordered by Judge Christopher J. Burke on 12/3/2018. (dlb)
2018-12-03
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 12/14/2018. The Court took the matter under advisement. With respect to the newly raised argument relating to the dependent claim, Defendants may file a letter brief of no more than 2 single-spaced pages by no later than December 21, 2018. (Court Reporter John Donnelly (Veritext). Clerk: M. Crawford) Appearances: B. Farnan, D. Walter, S. Chi, E. Reines for Plaintiff; J. Tigan, E. Marandett, M. Barrett for Foundation Medicine, Inc.; D. Bilson, J. Re, S. Larson, B. Zimmerman, J. Helm for Defendant Personal Genome Diagnostics, Inc. and Personal Genome Diagnostics, Inc. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(mlc)
2018-12-14
1
No Actions
ORAL ORDER: The Court HEREBY ORDERS as follows: During the December 14, 2018 Markman hearing, the parties discussed the deposition testimony of Defendants' expert Dr. Gabriel, which Dr. Gabriel provided in the inter partes review proceeding that followed claim construction briefing in this case. By no later than December 21, 2018, Plaintiff may submit a supplemental letter brief of no more than 3 single-spaced pages addressing this testimony and its impact on claim construction in this matter. By no later than January 2, 2019, Defendants may file a responsive supplemental letter brief of no more than 3 single-spaced pages on the same topic. Ordered by Judge Christopher J. Burke on 12/17/2018. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2018-12-17
1
No Actions
Letter to The Honorable Christopher J. Burke from David A. Bilson regarding new argument raised by Plaintiff at Markman hearing. (Bilson, David) (Entered: 12/21/2018)
2018-12-21
1
Official Transcript of Claim Construction Hearing held on December 14, 2018 before Judge Christopher J. Burke. Court Reporter John P. Donnelley of Veritext Reporting, Telephone (302) 571-0510. 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. Redaction Request due 1/11/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/21/2019. (bpg) (Entered: 12/21/2018)
2018-12-21
1
STIPULATION TO EXTEND TIME to File Supplemental Responsive Letter Brief re: Gabriel Testimony to January 4, 2019 - filed by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 12/21/2018)
2018-12-21
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Claim Construction Expert Testimony. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Michael) (Entered: 12/21/2018)
2018-12-21
1
SO ORDERED D.I. (86 in 1:17-cv-01623-LPS-CJB, 69 in 1:17-cv-01616-LPS-CJB) STIPULATION TO EXTEND TIME to File Supplemental Responsive Letter Brief re: Gabriel Testimony to January 4, 2019 filed by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc. Ordered by Judge Christopher J. Burke on 12/21/2018. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(mlc)
2018-12-21
1
No Actions
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Guardant's December 21, 2018 Letter. (Tigan, Jeremy) (Entered: 01/04/2019)
2019-01-04
1
CORRECTING ENTRY: Transcript filed at D.I. 72 was removed from the docket (duplicate of D.I. 68). (ntl)
2019-01-07
1
No Actions
NOTICE of Subpoena (Chronix Biomedical, Inc.) by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 01/11/2019)
2019-01-11
1
NOTICE of Subpoena (Cynvenio Biosystems, Inc.) by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 01/11/2019)
2019-01-11
1
NOTICE of Subpoena (Natera, Inc.) by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 01/11/2019)
2019-01-11
1
NOTICE of Subpoena (Sequenom, Inc.) by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 01/11/2019)
2019-01-11
1
NOTICE of Subpoena (Verinata Health, Inc.) by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 01/11/2019)
2019-01-11
1
NOTICE to Take Deposition of Mark Sausen, Ph.D. on 2/26/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of William Stevens on 2/27/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Victor Velculescu, M.D., Ph.D. on 2/28/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Douglas Ward on 2/25/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE OF SERVICE of Foundation Medicine, Inc.'s First Amended Initial Disclosures filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Derek Bertocci on March 11, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Helmy Eltoukhy on March 27, 2019 - March 28, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Bill Getty on February 28, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Mark Jacobstein on February 18, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Rick Lanman on March 4, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Stefanie Mortimer on February 13, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Justin Odegaard on March 8, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Lai Mun Siew on February 22, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of AmirAli Talasaz on March 18, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Michael Wiley on February 26, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Foundation Medicine, Inc. on 3/22/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE OF SERVICE of Plaintiff's Supplemental Identification of Accused Products filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/24/2019)
2019-01-24
1
NOTICE OF SERVICE of Foundation Medicine, Inc.'s Second Set of Requests for Production of Documents and Things to Plaintiff Guardant Health, Inc. filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/25/2019)
2019-01-25
1
NOTICE OF SERVICE of Second Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. to Guardant Health, Inc. (10-12) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 01/30/2019)
2019-01-30
1
NOTICE OF SERVICE of Foundation Medicine, Inc.'s Second Set of Interrogatories to Plaintiff Guardant Health, Inc. filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/30/2019)
2019-01-30
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to Guardant's February 4, 2019 letter. (Phillips, John) (Entered: 02/04/2019)
2019-02-04
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Supplemental Claim Construction Brief Given Defendant's Recent IPR Petitions. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farnan, Brian) (Entered: 02/05/2019)
2019-02-05
1
NOTICE to Take Deposition of Guardant Health, Inc. on April 3, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Main Document 99 replaced on 2/6/2019) (ntl). (Entered: 02/06/2019)
2019-02-06
1
ORAL ORDER: The Court, having reviewed Plaintiff's February 5, 2019 letter, (Civil Action No. 17-1616-LPS-CJB, D.I. 98; Civil Action No. 17-1623-LPS-CJB, D.I. 129), HEREBY ORDERS that Plaintiff's request is GRANTED as follows: (1) By no later than February 13, 2019, Plaintiff shall file a supplemental claim construction brief of no more than 5 double-spaced pages to address Defendant Foundation Medicine, Inc.'s recent inter partes review petitions directed to three of the asserted patents; and (2) By no later than February 20, 2019, Defendants may file a joint responsive supplemental claim construction brief of no more than 5 double-spaced pages. Ordered by Judge Christopher J. Burke on 2/6/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2019-02-06
1
No Actions
CORRECTING ENTRY: Corrected document added to D.I. 99 per request of counsel. (ntl)
2019-02-06
1
No Actions
Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 02/08/2019)
2019-02-08
1
STATEMENT Plaintiff's Supplemental Claim Construction Brief by Guardant Health, Inc.. (Attachments: # 1 Exhibit 9)(Farnan, Brian) (Entered: 02/13/2019)
2019-02-13
1
NOTICE OF SERVICE of (1) Defendant's Supplemental Identification of Invalidity References and (2) Defendant Foundation Medicine, Inc.'s Objections to Guardant Health, Inc.'s Fed. R. Civ. P. 30(b)(6) Notice of Deposition filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 02/15/2019)
2019-02-15
1
STATEMENT re (136 in 1:17-cv-01623-LPS-CJB, 101 in 1:17-cv-01616-LPS-CJB) Statement Defendants' Supplemental Responsive Markman Brief by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 02/20/2019)
2019-02-20
1
NOTICE OF SERVICE of Plaintiff's Responses and Objections to Second Set of Requests for Production of Documents and Things (Nos. 56-89) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 02/25/2019)
2019-02-25
1
MOTION for Pro Hac Vice Appearance of Attorney Christopher M. Pistritto and Justin L. Constant - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 02/27/2019)
2019-02-27
1
SO ORDERED D.I. (105 in 1:17-cv-01616-LPS-CJB, 141 in 1:17-cv-01623-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Christopher M. Pistritto and Justin L. Constant filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 2/27/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2019-02-27
1
No Actions
NOTICE to Take Deposition of Justin Odegaard on March 7, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 03/01/2019)
2019-03-01
1
NOTICE to Take Deposition of Mark Jacobstein on March 5, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 03/01/2019)
2019-03-01
1
NOTICE OF SERVICE of Final Infringement Contentions filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/01/2019)
2019-03-01
1
NOTICE OF SERVICE of (i) Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s Second Set of Interrogatories (Nos. 12 - 13) and (ii) Plaintiff's Responses and Objections to Second Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. (Nos. 10-12) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/01/2019)
2019-03-01
1
NOTICE to Take Deposition of Jeff Palmer on 3/5/2019 (Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/04/2019)
2019-03-04
1
NOTICE OF SERVICE of Plaintiff Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/04/2019)
2019-03-04
1
Add Attorneys - PHV only
2019-03-06
1
No Actions
Pro Hac Vice Attorney Justin L. Constant and Christopher M. Pistritto 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)
2019-03-06
1
No Actions
NOTICE to Take Deposition of Travis Clark on 3/13/2019 (Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/11/2019)
2019-03-11
1
Joint STIPULATION TO EXTEND TIME for the completion of fact depositions; and other non-expert discovery to May 1, 2019 and May 15, 2019 respectively - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 03/12/2019)
2019-03-12
1
SO ORDERED
2019-03-13
1
No Actions
SO ORDERED D.I. (113 in 1:17-cv-01616-LPS-CJB, 156 in 1:17-cv-01623-LPS-CJB) Joint STIPULATION TO EXTEND TIME for the completion of fact depositions; and other non-expert discovery to May 1, 2019 and May 15, 2019 respectively filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 3/13/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2019-03-13
1
No Actions
NOTICE to Take Deposition of Jason Hughes on 4/4/2019 filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/19/2019)
2019-03-19
1
NOTICE to Take Deposition of Doron Lipson on 4/24/2019 (Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/21/2019)
2019-03-21
1
NOTICE OF SERVICE of (i) Guardant Health, Inc.'s First Set of Common Interrogatories to Defendants (Nos. 1-8); (ii) Guardant Health, Inc.'s First Set of Requests for Admission by Defendant (Nos. 1-15); (iii) Guardant Health, Inc.'s Second Set of Interrogatories to Defendant (Nos. 6-8); and (iv) Guardant Health, Inc.'s Third Set of Requests for Production of Documents and Things to Defendant (Nos. 82-86) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/28/2019)
2019-03-28
1
NOTICE OF SERVICE of Defendant's Supplemental Invalidity Contentions filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 03/29/2019)
2019-03-29
1
NOTICE to Take Deposition of Guardant Health, Inc. on April 2, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/01/2019)
2019-04-01
1
NOTICE to Take Deposition of Daniel Simon on April 23, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/01/2019)
2019-04-01
1
NOTICE to Take Deposition of Darya Chudova on April 30, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/01/2019)
2019-04-01
1
NOTICE to Take Deposition of Helmy Eltoukhy on April 8, 2019 and April 9, 2019 (Updated) filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/04/2019)
2019-04-04
1
NOTICE OF SERVICE of Plaintiff Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s Revised Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE of Subpoena to Ariosa Diagnostics, Inc. by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE of Subpoena to Roche Diagnostics Corporation by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE of Subpoena to Roche Diagnostics Operations, Inc. by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE of Subpoena to Roche Holdings, Inc. by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE of Subpoena to Roche Molecular Systems, Inc. by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE of Subpoena to Roche Sequencing Solutions, Inc. by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/08/2019)
2019-04-08
1
NOTICE to Take Deposition of Mark Kennedy on April 12, 2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/10/2019)
2019-04-10
1
NOTICE OF SERVICE of (1) Defendant Foundation Medicine, Inc.'s Second Set of Interrogatories to Guardant Health, Inc., (2) Foundation Medicine, Inc.'s Third Set of Requests for Production of Documents and Things to Plaintiff Guardant Health, Inc., and (3) Foundation Medicine, Inc.'s First Set of Requests for Admission filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/15/2019)
2019-04-15
1
NOTICE OF SERVICE of (i) Guardant Health, Inc.'s Second Set of Common Interrogatories to Defendants (Nos. 9-11) and (ii) Guardant Health, Inc.'s Third Set of Interrogatories to Defendant (Nos. 9-10) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/15/2019)
2019-04-15
1
NOTICE OF SERVICE of Third Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. to Guardant Health, Inc. (13-15) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/17/2019)
2019-04-17
1
NOTICE OF SERVICE of Foundation Medicine, Inc.'s First Supplemental Response to Guardant Health, Inc.'s Interrogatory No. 4 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/17/2019)
2019-04-17
1
NOTICE to Take Deposition of Tom Civik on 4/19/2019 filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 04/17/2019)
2019-04-17
1
NOTICE to Take Deposition of Foundation Medicine, Inc. on 5/1/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/22/2019)
2019-04-22
1
NOTICE of Subpoena to Brown Rudnick LLP by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/22/2019)
2019-04-22
1
NOTICE of Subpoena to Choate, Hall & Stewart LLP by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/22/2019)
2019-04-22
1
NOTICE of Subpoena to Knobbe Martens Olson & Bear, LLP by Guardant Health, Inc. (Farnan, Brian) (Entered: 04/22/2019)
2019-04-22
1
NOTICE to Take Deposition of AmirAli Talasaz on April 30, 2019 and May 1, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/23/2019)
2019-04-23
1
NOTICE OF SERVICE of Plaintiff's Supplemental Responses and Objections to First Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. (Nos. 1, 7) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/26/2019)
2019-04-26
1
NOTICE to Take Deposition of Daniel Simon on May 15, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/29/2019)
2019-04-29
1
NOTICE to Take Deposition of Michael Wiley on May 15, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/29/2019)
2019-04-29
1
NOTICE to Take Deposition of Darya Chudova on May 16, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/29/2019)
2019-04-29
1
NOTICE of Subpoena Duces Tecum and Ad Testificandum by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 04/29/2019)
2019-04-29
1
NOTICE OF SERVICE of (1) Defendant Foundation Medicine, Inc.'s Objections to Guardant Health, Inc.'s Second Fed. R. Civ. P. 30(b)(6) Notice of Deposition and (2) Choate Hall & Stewart LLP's Responses and Objections to Guardant's Subpoena filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 04/29/2019)
2019-04-29
1
NOTICE OF SERVICE of Guardant Health, Inc.'s First Supplemental Initial Disclosures filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/30/2019)
2019-04-30
1
[SEALED] STIPULATION Regarding Filing of Amended Answer and Counterclaims and Third Amended Complaint by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tigan, Jeremy) (Entered: 05/06/2019)
2019-05-06
1
[SEALED] AMENDED ANSWER to 16 Amended Complaint,, COUNTERCLAIM against Guardant Health, Inc. by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/07/2019)
2019-05-07
1
[SEALED] Third AMENDED COMPLAINT against Foundation Medicine, Inc.- filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Farnan, Brian) (Entered: 05/07/2019)
2019-05-07
1
SO ORDERED
2019-05-07
1
No Actions
SO ORDERED D.I. 147 Stipulation regarding filing of Amended Complaint, Answer and Counterclaims filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 5/7/2019. (dlb)
2019-05-07
1
No Actions
STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff to respond to Defendant's First Amended Answer to Plaintiff's Second Amended Complaint and Counterclaims and (ii) Defendant to respond to Plaintiff's Third Amended Complaint to 6/20/2019 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/08/2019)
2019-05-08
1
SO ORDERED
2019-05-09
1
No Actions
~Util - Set/Reset Answer Deadline
2019-05-09
1
No Actions
SO ORDERED D.I. 150 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff to respond to Defendant's First Amended Answer to Plaintiff's Second Amended Complaint and Counterclaims and (ii) Defendant to respond to Plaintiff's Third Amended Co filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 5/9/2019. (dlb)
2019-05-09
1
No Actions
REDACTED VERSION of 149 Amended Complaint, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Brian) (Entered: 05/14/2019)
2019-05-14
1
REDACTED VERSION of 149 Amended Complaint, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Brian) (Entered: 05/14/2019)
2019-05-14
2
NOTICE OF SERVICE of (i) Guardant Health, Inc.'s Second Supplemental Initial Disclosures; (ii) Plaintiff's Supplemental Responses and Objections to Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. (Nos. 1, 4, 6, 7, 8, 10, 11); (iii) Guardant Health, Inc.'s Supplemental Responses and Objections to Foundation Medicine, Inc.'s Second Set of Interrogatories (No. 13); (iv) Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s First Set of Requests for Admission (Nos. 1-35); (v) Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s Third Set of Requests for Production of Documents and Things (Nos. 90-111); (vi) Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s Second Set of Interrogatories (Nos. 3-13); and (vii) Supplemental Claim Charts filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 05/15/2019)
2019-05-15
1
NOTICE OF SERVICE of (1) Foundation Medicine, Inc.'s Responses and Objections to Guardant's Second Set of Common Interrogatories (Nos. 9-11) and (2) Foundation Medicine, Inc.'s Responses and Objections to Guardant's Third Set of Interrogatories (Nos. 9-10) filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 05/16/2019)
2019-05-16
1
NOTICE OF SERVICE of Plaintiff's Responses and Objections to Third Set of Joint Interrogatories of Defendants Foundation Medicine, Inc. and Personal Genome Diagnostics, Inc. (Nos. 13-15) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 05/16/2019)
2019-05-16
1
REDACTED VERSION of 148 Amended Answer to Complaint, Counterclaim by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/22/2019)
2019-05-22
1
NOTICE of Subpoena to Testify at a Deposition in a Civil Action (to Gangwu Mei) by Foundation Medicine, Inc. (Tigan, Jeremy) (Entered: 05/22/2019)
2019-05-22
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 05/24/2019)
2019-05-24
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' May 24, 2019 letters requesting discovery dispute teleconferences regarding 4 total discovery disputes. (D.I. (269 in 1:17-cv-01623-LPS-CJB), D.I. (157 in 1:17-cv-01616-LPS-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 24 in Civil Action No. 17-1616-LPS-CJB; D.I. 25 in Civil Action No. 17-1623-LPS-CJB), will be modified as follows with regard to these disputes: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference (involving all parties in both cases) is set for 6/17/2019 at 03:00 PM before Judge Christopher J. Burke. (3) By no later than June 5, 2019, any party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than June 11, 2019, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 5/30/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 05/30/2019)
2019-05-30
1
Order Setting Teleconference
2019-05-30
1
No Actions
Oral Order
2019-05-30
1
No Actions
STIPULATION TO EXTEND TIME Regarding Expert Discovery Deadlines to Various Dates - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 06/03/2019)
2019-06-03
1
SO ORDERED
2019-06-04
1
No Actions
~Util - Set Scheduling Order Deadlines
2019-06-04
1
No Actions
SO ORDERED D.I. 159 STIPULATION TO EXTEND TIME Regarding Expert Discovery Deadlines to Various Dates filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 6/4/2019. (dlb)
2019-06-04
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes. (Attachments: # 1 Exhibit 1-5)(Tigan, Jeremy) (Entered: 06/05/2019)
2019-06-05
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Farnan, Michael) (Entered: 06/05/2019)
2019-06-05
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding IPR Proceeding. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 06/11/2019)
2019-06-11
1
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Guardant Health, Inc.'s June 5 2019 Letter. (Attachments: # 1 Exhibit 1-5)(Tigan, Jeremy) (Entered: 06/11/2019)
2019-06-11
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendant's June 5, 2019 Letter - re 160 Letter. (Farnan, Michael) (Entered: 06/11/2019)
2019-06-11
1
REDACTED VERSION of 160 Letter by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-5)(Tigan, Jeremy) (Entered: 06/12/2019)
2019-06-12
1
ORAL ORDER: The Court hereby ORDERS that the discovery dispute teleconference scheduled for 6/17/2019 at 3:00 pm is hereby rescheduled for 6/17/2019 at 10:00 am. Ordered by Judge Christopher J. Burke on 6/14/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 06/14/2019)
2019-06-14
1
Oral Order
2019-06-14
1
No Actions
Discovery Conference
2019-06-17
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 6/17/2019. The Court heard argument. The Court considers Defendant Foundation Medicine Inc.'s dispute to be moot. The Court denied Plaintiff's motion without prejudice to renew if the estoppel issue becomes relevant. The transcript will serve as the Court's order. (Court Reporter Carrie Gold (Veritext). Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, J. Constant for Plaintiff; J. Tigan, K. Jacobs, E. Marandett, M. Ives, M. Barrett, E. Miller for Defendant Foundation Medicine, Inc.; J. Phillips, S. Larson, J. Re for Defendant Personal Genome Diagnostics, Inc. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-06-17
1
No Actions
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 06/19/2019)
2019-06-19
1
[SEALED] ANSWER to Amended Complaint, re: 149 Amended Complaint,, COUNTERCLAIM against Guardant Health, Inc. by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 06/20/2019)
2019-06-20
1
[SEALED] MOTION to Dismiss for Failure to State a Claim - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)Motions referred to Christopher J. Burke.(Farnan, Michael) (Entered: 06/20/2019)
2019-06-20
1
Official Transcript of Telephone Conference held on June 17, 2019 before Judge Christopher J. Burke. Court Reporter Services by Veritext Legal Solutions, Telephone (302) 571-0150. 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. Redaction Request due 7/16/2019. Redacted Transcript Deadline set for 7/26/2019. Release of Transcript Restriction set for 9/23/2019. (bpg) (Entered: 06/25/2019)
2019-06-25
1
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Discovery Teleconference. (Tigan, Jeremy) (Entered: 06/26/2019)
2019-06-26
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' June 26, 2019 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 303 in 1:17-cv-01623-LPS-CJB; D.I. 171 in 17-cv-01616-LPS-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 24 in Civil Action No. 17-1616-LPS-CJB; D.I. 25 in Civil Action No. 17-1623-LPS-CJB), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 7/22/2019 at 4:00 PM before Judge Christopher J. Burke. (3) By no later than July 8, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than July 15, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 6/27/2019. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(dlb) (Entered: 06/27/2019)
2019-06-27
1
Order Setting Teleconference
2019-06-27
1
No Actions
STIPULATION TO EXTEND TIME to File Brief in Opposition to Plaintiff Guardant Health, Inc.'s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (D.I. 169) to July 12, 2019 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 07/01/2019)
2019-07-01
1
SO ORDERED D.I. 173 STIPULATION TO EXTEND TIME to File Brief in Opposition to Plaintiff Guardant Health, Inc.'s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (D.I. 169) to July 12, 2019 filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 7/1/2019. (dlb)
2019-07-01
1
No Actions
SO ORDERED
2019-07-01
1
No Actions
Order Setting Briefing Schedule - open, ans, reply, surreply
2019-07-01
1
No Actions
STIPULATION regarding Plaintiff's Answer to Defendant's Counterclaim by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/02/2019)
2019-07-02
1
SO ORDERED D.I. 174 Stipulation regarding Plaintiff's Answer to Defendant's Counterclaim filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 7/2/2019. (mlc) (Entered: 07/02/2019)
2019-07-02
1
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 07/02/2019)
2019-07-02
1
SO ORDERED
2019-07-02
1
No Actions
NOTICE to Take Deposition of Gangwu Mei on July 11, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 07/08/2019)
2019-07-08
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes. (Attachments: # 1 Exhibit 1-9)(Tigan, Jeremy) (Entered: 07/08/2019)
2019-07-08
1
[SEALED] ANSWERING BRIEF in Opposition re 169 MOTION to Dismiss for Failure to State a Claim filed by Foundation Medicine, Inc..Reply Brief due date per Local Rules is 7/19/2019. (Attachments: # 1 Exhibit 1-3)(Tigan, Jeremy) (Entered: 07/12/2019)
2019-07-12
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendants' July 8, 2019 Letter - re (178 in 1:17-cv-01616-LPS-CJB, 323 in 1:17-cv-01623-LPS-CJB) Letter. (Farnan, Brian) (Entered: 07/15/2019)
2019-07-15
1
REDACTED VERSION of 178 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-9)(Tigan, Jeremy) (Entered: 07/15/2019)
2019-07-15
1
REDACTED VERSION of 178 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Disputes by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-9)(Tigan, Jeremy) (Entered: 07/15/2019)
2019-07-15
2
REDACTED VERSION of 168 Answer to Amended Complaint, Counterclaim by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 07/18/2019)
2019-07-18
1
REDACTED VERSION of 179 Answering Brief in Opposition, by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 07/18/2019)
2019-07-18
1
MOTION permission to attend July 22, 2019 telephonic discovery conference regarding motion to compel certain Illumina Confidential documents - filed by Illumina, Inc.. Motions referred to Christopher J. Burke.(Morrison, Susan) (Entered: 07/19/2019)
2019-07-19
1
REPLY BRIEF re 169 MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Michael) (Entered: 07/19/2019)
2019-07-19
1
REPLY BRIEF re 169 MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Michael) (Entered: 07/19/2019)
2019-07-19
2
REPLY BRIEF re 169 MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Michael) (Entered: 07/19/2019)
2019-07-19
2
SO ORDERED
2019-07-19
1
No Actions
SO ORDERED D.I. (330 in 1:17-cv-01623-LPS-CJB, 184 in 1:17-cv-01616-LPS-CJB) MOTION permission to attend July 22, 2019 telephonic discovery conference regarding motion to compel certain Illumina Confidential documents filed by Illumina, Inc.. Ordered by Judge Christopher J. Burke on 7/19/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-07-19
1
No Actions
REDACTED VERSION of 169 MOTION to Dismiss for Failure to State a Claim by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 07/22/2019)
2019-07-22
1
REDACTED VERSION of 169 MOTION to Dismiss for Failure to State a Claim by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 07/22/2019)
2019-07-22
2
REDACTED VERSION of (324 in 1:17-cv-01623-LPS-CJB, 180 in 1:17-cv-01616-LPS-CJB) Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/23/2019)
2019-07-23
1
NOTICE OF SERVICE of (1) Expert Report of Stacey Gabriel, Ph.D. Regarding Invalidity and (2) Expert Report of Michael L. Metzker, Ph.D. filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 07/25/2019)
2019-07-25
1
NOTICE OF SERVICE of (i) Expert Report of Stephen L. Becker, Ph.D. with Regard to Foundation Medicine, Inc. and (ii) Expert Report of Gregory Cooper, Ph.D. filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 07/25/2019)
2019-07-25
1
ORAL ORDER: The Court hereby ORDERS that the discovery dispute teleconference regarding the parties' Joint Motion for a Teleconference to Resolve Discovery Dispute, (D.I. 176 in 17-1616-LPS-CJB; D.I. 313 in 17-1623-LPS-CJB), is rescheduled for 8/5/2019 at 4:00 PM before Judge Christopher J. Burke.Ordered by Judge Christopher J. Burke on 7/26/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 07/26/2019)
2019-07-26
1
Order Setting Teleconference
2019-07-26
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 8/5/2019. The Court heard argument regarding Defendants' discovery dispute, (D.I. 176 in 17-1616-LPS-CJB; D.I. 313 in 17-1623-LPS-CJB), and took the matter under advisement. (Court Reporter Heather Triozzi. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, J. Constant for Plaintiff; K. Jacobs, E. Marandett, M. Ives for Defendant Foundation Medicine, Inc.; J. Phillips, B. Zimmerman, S. Larson, J. Re for Defendant Personal Genome Diagnostics, Inc.; S. Morrison, M. Amon for non-party Illumina, Inc. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-08-05
1
No Actions
Discovery Conference
2019-08-06
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendants' request that Plaintiff be compelled to produce documents related to Dr. Eltoukhy's employment at Illumina, Inc. ("Illumina") and involvement with Guardant in the 2012 time period (the "Motion"), (D.I. 176 in Civil Action No. 17-1616-LPS-CJB; D.I. 313 in Civil Action No. 17-1623-LPS-CJB), and the parties' letter briefs relating thereto, (D.I. 178; D.I. 180 in Civil Action No. 17-1616-LPS-CJB; D.I. 323; D.I. 324 in Civil Action No. 17-1623-LPS-CJB), and having heard argument on August 5, 2019, hereby ORDERS as follows with respect to Defendants' Motion: (1) Plaintiff has returned to Illumina approximately 51,000 documents that could contain relevant information. By no later than August 14, 2019, Defendants shall: (a) meet and confer with Illumina to see if they can agree to a process for determining search terms and subsequent production of relevant, non-privileged documents from this category of documents; and (b) submit a joint status report (along with Plaintiff) indicating whether Defendant and Illumina have reached agreement on such a process, and if they have not, indicating the issues that remain in dispute and the parties and Illuminas respective positions. (2) There are approximately 4,000-5,000 additional documents in Plaintiff's control that have not been produced but that could contain relevant information. By no later than August 13, 2019, Defendants shall provide Plaintiff with a list of reasonable search terms. By no later than August 19, 2019, Plaintiff shall indicate whether it has any objections thereto. If there are no disputes, Plaintiff shall search the documents in this category utilizing the agreed-upon search terms and shall produce relevant, non-privileged documents promptly thereafter. If there are disputes regarding the search terms, the parties shall further meet and confer to attempt to resolve them. If the parties cannot resolve any further disputes relating to these documents, they shall utilize the Courts discovery dispute procedures. (3) Defendants' Motion is DENIED-AS-MOOT in light of the agreements reached among the parties and Illumina with respect to the documents at issue as described above. Ordered by Judge Christopher J. Burke on 8/7/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 08/07/2019)
2019-08-07
1
Oral Order
2019-08-07
1
No Actions
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael) (Entered: 08/12/2019)
2019-08-12
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 12, 2019 letter requesting a discovery dispute teleconference regarding one discovery dispute. (D.I. 192) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 24), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for September 4, 2019 at 2:00 PM before Judge Christopher J. Burke. (3) By no later than August 21, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than August 28, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 8/13/2019. (dlb) (Entered: 08/13/2019)
2019-08-13
1
MOTION for Pro Hac Vice Appearance of Attorney Sophie F. Wang and Xing-Yin Ni - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 08/13/2019)
2019-08-13
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 08/13/2019)
2019-08-13
1
Order Setting Teleconference
2019-08-13
1
No Actions
SO ORDERED
2019-08-14
1
No Actions
SO ORDERED D.I. 194 MOTION for Pro Hac Vice Appearance of Attorney Sophie F. Wang and Xing-Yin Ni filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 8/14/2019. (dlb)
2019-08-14
1
No Actions
Joint STATUS REPORT by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 08/15/2019)
2019-08-15
1
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Michael) (Entered: 08/21/2019)
2019-08-21
1
NOTICE requesting Clerk to remove Matthew S. Barrett as co-counsel. Reason for request: No longer with firm. (Tigan, Jeremy) (Entered: 08/23/2019)
2019-08-23
1
REDACTED VERSION of 197 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-2)(Farnan, Michael) (Entered: 08/28/2019)
2019-08-28
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Guardant Health, Inc.'s Letter Regarding Discovery Dispute. (Tigan, Jeremy) (Entered: 08/28/2019)
2019-08-28
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 08/29/2019)
2019-08-29
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 29, 2019 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. (347 in 1:17-cv-01623-LPS-CJB, 201 in 1:17-cv-01616-LPS-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 24 in Civil Action No. 17-1616-LPS-CJB; D.I. 25 in Civil Action No. 17-1623-LPS-CJB), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 9/16/2019 at 02:00 PM before Judge Christopher J. Burke. (3) By no later than 9/5/2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than 9/11/2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 8/29/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 08/29/2019)
2019-08-29
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 08/29/2019)
2019-08-29
1
Order Setting Teleconference
2019-08-29
1
No Actions
Oral Order
2019-08-29
1
No Actions
REDACTED VERSION of 200 Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Response to Guardant Health, Inc.'s Letter Regarding Discovery Dispute by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 09/04/2019)
2019-09-04
1
Discovery Conference
2019-09-04
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 9/4/2019. The Court heard argument regarding Plaintiff's discovery dispute, (D.I. 195 ), and took the matter under advisement. (Court Reporter Adam Miller. Clerk: M. Crawford) Appearances: M. Farnan, E. Reines, J. Constant for Plaintiff; J. Tigan, M. Ives, E. Miller, R. Vallabhaneni for Defendant. (mlc)
2019-09-04
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Plaintiff Guardant Health, Inc.'s ("Guardant") request that the protective order be modified to allow Guardant to disclose a subset of Defendant Foundation Medicine, Inc.'s (FMI) deposition transcripts and exhibits to Personal Genome Diagnostics, Inc. ("PGDx") for Guardant's defense of PGDx's antitrust counterclaim in related Civil Action No. 17-1623-LPS-CJB (the "Motion"), (D.I. 195), and the parties' letter briefs relating thereto, (D.I. 197; D.I. 200), and having heard argument on September 4, 2019, HEREBY GRANTS Guardant's Motion. In doing so, the Court notes that the movant bears the burden of demonstrating that the protective order should be modified. Genentech, Inc. v. Amgen, Inc., Consol. Civ. No. 17-1407-CFC, 2019 WL 1349464, at *2 (D. Del. Mar. 26, 2019). Modification of the terms of a protective order is appropriate if the moving party demonstrates "good cause" for the modification, and courts may consider the factors set out in Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994) in evaluating whether "good cause" exists. Id. The Court has considered the Pansy factors and finds that Guardant has met its burden for the following reasons: (1) The information that Guardant seeks to disclose appears to be a discrete, cabined amount of information, limited to three deposition transcripts and associated exhibits. (See D.I. 197 at 3); (2) Some amount of this information appears to be relevant in helping Guardant to combat PGDx"s antitrust counterclaim. The testimony of employees of a key market player (FMI) tending to suggest that Guardant does not have monopoly power would seem important to Guardant's defense of such a claim.; (3) Although Guardant's request is coming late in the case, it was made not long after Guardants attempt to bifurcate and stay discovery on PGDx's antitrust counterclaim in the related case was rejected by the Court. (See Civil Action No. 17-1623-LPS-CJB, D.I. 332) Therefore, the Court does not view Guardant's request as untimely.; (4) Based on the information that the Court has at this time, the Court cannot say that the scope of any future discovery requests from PGDx to FMI would wreak havoc on the case schedule.; and (5) The information at issue would only be provided to PGDx's outside counsel and would be governed by the same protective order agreed to by FMI. Therefore, the requested modification of the protective order is not likely to harm FMI's privacy interests. (See D.I. 197 at 3). Ordered by Judge Christopher J. Burke on 9/5/2019. (dlb) (Entered: 09/05/2019)
2019-09-05
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Farnan, Brian) (Entered: 09/05/2019)
2019-09-05
1
Oral Order
2019-09-05
1
No Actions
REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 9/20/2019. Signed by Judge Christopher J. Burke on 9/6/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-09-06
1
NOTICE OF SERVICE of Guardant's Expert Rebuttal Report of Gregory Cooper, Ph.D. filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 09/09/2019)
2019-09-09
1
NOTICE OF SERVICE of (1) Expert Report of Gary Benson, Ph.D., (2) Rebuttal Expert Report and Disclosure of Julie L. Davis, and (3) Rebuttal Expert Report of Michael L. Metzker, Ph.D. filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 09/09/2019)
2019-09-09
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Supplemental Claim Construction Authority. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 09/10/2019)
2019-09-10
1
Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding response to Plaintiff's purported "supplemental authority" on claim construction filed this morning - re 210 Letter. (Jacobs, Karen) (Entered: 09/10/2019)
2019-09-10
1
REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 9/25/2019. Signed by Judge Christopher J. Burke on 9/11/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-09-11
1
[SEALED] Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding Defendants response to Guardant Health's letter [D.I. 206, 353) - re (206 in 1:17-cv-01616-LPS-CJB, 353 in 1:17-cv-01623-LPS-CJB) Letter. (Attachments: # 1 Exhibit 1-7)(Jacobs, Karen) (Attachment 1 replaced on 9/12/2019) (dlb). (Entered: 09/11/2019)
2019-09-11
1
REDACTED VERSION of (206 in 1:17-cv-01616-LPS-CJB, 353 in 1:17-cv-01623-LPS-CJB) Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-C)(Farnan, Brian) (Entered: 09/12/2019)
2019-09-12
1
- CORRECTING ENTRY
2019-09-12
1
No Actions
Set/Reset Deadlines
2019-09-12
1
No Actions
Remark
2019-09-12
1
No Actions
Remark: The time for the Discovery Dispute Teleconference set for 9/16/2019 has been changed to commence at 4:00 P.M. The Court has set aside 45 minutes for the call. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2019-09-12
1
No Actions
CORRECTING ENTRY: The exhibits PDF attached to the Letter at D.I. 213 has been replaced. (dlb)
2019-09-12
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Declaration from Third Party Illumina Inc. - re (362 in 1:17-cv-01623-LPS-CJB, 213 in 1:17-cv-01616-LPS-CJB) Letter,. (Attachments: # 1 Illumina Declaration)(Tigan, Jeremy) (Entered: 09/13/2019)
2019-09-13
1
Official Transcript of Discovery Dispute Teleconference held on 08/05/19 before Judge Christopher J. Burke. Court Reporter/Transcriber Heather M. Triozzi,Telephone number 302-573-6195. 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 10/7/2019. Redacted Transcript Deadline set for 10/17/2019. Release of Transcript Restriction set for 12/16/2019. (Triozzi, Heather) (Entered: 09/16/2019)
2019-09-16
1
Discovery Conference
2019-09-16
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 9/16/2019 regarding Plaintiff's discovery dispute, (D.I. 203 in 17-1616-LPS-CJB; D.I. 349 in 17-1623-LPS-CJB). The Court took the matter under advisement. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, J. Constant for Plaintiff; J. Tigan, E. Marandett, M. Ives, R. Vallabhanen for Defendant Foundation Medicine, Inc.; J. Phillips, B. Zimmerman, S. Larson, J. Re for Defendant Personal Genome Diagnostics, Inc. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-09-16
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Declaration of Dr. Helmy Eltoukhy. (Attachments: # 1 Attachment)(Farnan, Brian) (Entered: 09/17/2019)
2019-09-17
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Defendants Response to Submission of Declaration of Dr. Eltoukhy. (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 09/17/2019)
2019-09-17
1
[SEALED] Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding Defendants response to Guardant Health's letter CORRECTED/AMENDED - re (362 in 1:17-cv-01623-LPS-CJB, 213 in 1:17-cv-01616-LPS-CJB) Letter,. (Attachments: # 1 Exhibits 1-8)(Jacobs, Karen) (Entered: 09/17/2019)
2019-09-17
1
REDACTED VERSION of 210 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B)(Farnan, Brian) (Entered: 09/17/2019)
2019-09-17
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendants' September 17, 2019 Letter - re (367 in 1:17-cv-01623-LPS-CJB, 218 in 1:17-cv-01616-LPS-CJB) Letter. (Farnan, Brian) (Entered: 09/18/2019)
2019-09-18
1
ORAL ORDER: The Court hereby ORDERS as follows: (1) The Court has received the parties' supplemental letter briefs, (D.I. 217; D.I. 218; D.I. 221 in Civil Action No. 17-1616-LPS-CJB), filed without leave of Court following the September 16, 2019 discovery dispute teleconference regarding Plaintiff's discovery dispute motion, (D.I. 203 in Civil Action No. 17-1616-LPS-CJB). While the Court will accept these letters, the record on this motion is now closed, absent further leave of Court to file any additional letters regarding this motion. (2) No party may file a further supplemental letter regarding claim construction without leave of Court. Ordered by Judge Christopher J. Burke on 9/18/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 09/18/2019)
2019-09-18
1
REDACTED VERSION of (362 in 1:17-cv-01623-LPS-CJB, 213 in 1:17-cv-01616-LPS-CJB) Letter, to The Honorable Christopher J. Burke from Karen Jacobs regarding Defendants response to Guardant Health's letter by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-8)(Tigan, Jeremy) (Entered: 09/18/2019)
2019-09-18
1
STIPULATION to Amend Scheduling Order by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 09/18/2019)
2019-09-18
1
~Util - Set Scheduling Order Deadlines
2019-09-18
1
No Actions
SO ORDERED
2019-09-18
1
No Actions
Oral Order
2019-09-18
1
No Actions
SO ORDERED D.I. (224 in 1:17-cv-01616-LPS-CJB, 372 in 1:17-cv-01623-LPS-CJB) Stipulation to Amend Scheduling Order deadlines. Ordered by Judge Christopher J. Burke on 9/18/219. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2019-09-18
1
No Actions
REDACTED VERSION of (217 in 1:17-cv-01616-LPS-CJB, 366 in 1:17-cv-01623-LPS-CJB) Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 09/24/2019)
2019-09-24
1
NOTICE OF SERVICE of (i) Expert Reply Report of G. Cooper, Ph. D. and (ii) Expert Reply Report of S. L. Becker, Ph. D. filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 09/25/2019)
2019-09-25
1
NOTICE OF SERVICE of (1) Reply Expert Report of Michael L. Metzker, Ph.D., (2) Reply Report of Stacey Gabriel, Ph.D. Regarding Invalidity, and (3) Reply Expert Report of Thomas M. Wheeler, M.D. filed by Foundation Medicine, Inc..(Jacobs, Karen) (Entered: 09/25/2019)
2019-09-25
1
[SEALED] OBJECTIONS by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc. to (359 in 1:17-cv-01623-LPS-CJB) REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten . (Attachments: # 1 Certification for Objections)(Phillips, John) (Entered: 09/25/2019)
2019-09-25
1
Letter to The Honorable Leonard P. Stark from John C. Phillips, Jr. regarding Report & Recommendation Docket Items - re (378 in 1:17-cv-01623-LPS-CJB) Objections,. (Phillips, John) (Entered: 09/27/2019)
2019-09-27
1
ORAL ORDER: Due to a scheduling conflict, the Court hereby ORDERS that the hearing on case dispositive and Daubert motions scheduled for January 24, 2020 is rescheduled to January 23, 2020 at 11:00a.m. in Courtroom 2A. Ordered by Judge Christopher J. Burke on 9/30/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 09/30/2019)
2019-09-30
1
REDACTED VERSION of (221 in 1:17-cv-01616-LPS-CJB, 369 in 1:17-cv-01623-LPS-CJB) Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 09/30/2019)
2019-09-30
1
Oral Order
2019-09-30
1
No Actions
~Util - Set Scheduling Order Deadlines
2019-09-30
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney G. Mark Edgarton - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 10/03/2019)
2019-10-03
1
REDACTED VERSION of (228 in 1:17-cv-01616-LPS-CJB, 378 in 1:17-cv-01623-LPS-CJB) Objections, by Foundation Medicine, Inc.. (Attachments: # 1 Certification for Objections)(Bilson, David) (Entered: 10/03/2019)
2019-10-03
1
SO ORDERED
2019-10-03
1
No Actions
SO ORDERED D.I. 232 MOTION for Pro Hac Vice Appearance of Attorney G. Mark Edgarton filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 10/3/2019. (dlb)
2019-10-03
1
No Actions
NOTICE to Take Deposition of Stephen Becker, Ph.D. on November 5, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 10/04/2019)
2019-10-04
1
NOTICE to Take Deposition of Gregory Cooper, Ph.D. on October 15, 2019 filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 10/04/2019)
2019-10-04
1
NOTICE OF SERVICE of Supplement to the Reply Expert Report of Michael L. Metzker, Ph.D. filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 10/07/2019)
2019-10-07
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re (228 in 1:17-cv-01616-LPS-CJB, 378 in 1:17-cv-01623-LPS-CJB) Objections, . (Farnan, Brian) (Entered: 10/09/2019)
2019-10-09
1
[SEALED] DECLARATION re (237 in 1:17-cv-01616-LPS-CJB, 387 in 1:17-cv-01623-LPS-CJB) Response to Objections of Derek Walter by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Brian) (Entered: 10/09/2019)
2019-10-09
1
REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/25/2019. Signed by Judge Christopher J. Burke on 10/11/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-10-11
1
MOTION for Pro Hac Vice Appearance of Attorney Doug W. McClellan - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 10/14/2019)
2019-10-14
1
MOTION to Strike Portions of the Expert Report of Julie Davis - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Michael) (Entered: 10/15/2019)
2019-10-15
1
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Opening Letter Brief in Support of Motion to Strike - re 241 MOTION to Strike Portions of the Expert Report of Julie Davis . (Attachments: # 1 Certification, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Farnan, Michael) (Entered: 10/15/2019)
2019-10-15
1
REQUEST for Oral Argument by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 10/16/2019)
2019-10-16
1
SO ORDERED
2019-10-16
1
No Actions
SO ORDERED D.I. 240 MOTION for Pro Hac Vice Appearance of Attorney Doug W. McClellan filed by Guardant Health, Inc.. Ordered by Judge Christopher J. Burke on 10/16/2019. (dlb)
2019-10-16
1
No Actions
REDACTED VERSION of (237 in 1:17-cv-01616-LPS-CJB, 387 in 1:17-cv-01623-LPS-CJB) Response to Objections by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/17/2019)
2019-10-17
1
REDACTED VERSION of (388 in 1:17-cv-01623-LPS-CJB, 238 in 1:17-cv-01616-LPS-CJB) Declaration, of Derek Walter by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-4)(Farnan, Brian) (Entered: 10/17/2019)
2019-10-17
1
REDACTED VERSION of (388 in 1:17-cv-01623-LPS-CJB, 238 in 1:17-cv-01616-LPS-CJB) Declaration, of Derek Walter by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-4)(Farnan, Brian) (Entered: 10/17/2019)
2019-10-17
2
Official Transcript of discovery dispute telephone conference held on September 16, 2019 before Judge Burke. Court Reporter/Transcriber Vaelrie Gunning, Valerie_Gunning@ded.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 11/12/2019. Redacted Transcript Deadline set for 11/22/2019. Release of Transcript Restriction set for 1/20/2020. (vjg) (Entered: 10/22/2019)
2019-10-22
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Opposition to Guardant's Motion to Strike. (Attachments: # 1 Exhibits 1-20)(Tigan, Jeremy) Modified on 10/22/2019 (dlb). (Entered: 10/22/2019)
2019-10-22
1
NOTICE of Lodging by Foundation Medicine, Inc. re 247 Letter (Tigan, Jeremy) (Entered: 10/22/2019)
2019-10-22
1
REDACTED VERSION of 242 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-G, # 2 Rule 7.1.1 Certification)(Farnan, Michael) (Entered: 10/22/2019)
2019-10-22
1
REDACTED VERSION of 242 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-G, # 2 Rule 7.1.1 Certification)(Farnan, Michael) (Entered: 10/22/2019)
2019-10-22
2
REDACTED VERSION of 242 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-G, # 2 Rule 7.1.1 Certification)(Farnan, Michael) (Entered: 10/22/2019)
2019-10-22
2
Add Attorneys - PHV only
2019-10-22
1
No Actions
Pro Hac Vice Attorney Doug W. McClellan 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. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(kmd)
2019-10-22
1
No Actions
[SEALED] MULTI MEDIA DOCUMENT filed by Foundation Medicine, Inc. in the form of a CD containing exhibits 1, 2, and 7, to D.I. 247 Letter. (Media on file in Clerk's Office). (dlb) (Entered: 10/23/2019)
2019-10-23
1
Multi Media Document
2019-10-23
1
No Actions
OBJECTIONS by Foundation Medicine, Inc. to (389 in 1:17-cv-01623-LPS-CJB, 239 in 1:17-cv-01616-LPS-CJB) REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten . (Tigan, Jeremy) (Entered: 10/25/2019)
2019-10-25
1
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Teleconference Concerning Summary Judgment Briefing Schedule. (Tigan, Jeremy) (Entered: 10/25/2019)
2019-10-25
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply Letter Brief in support of Motion to Strike - re 241 MOTION to Strike Portions of the Expert Report of Julie Davis . (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 10/25/2019)
2019-10-25
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Teleconference - re 241 MOTION to Strike Portions of the Expert Report of Julie Davis . (Farnan, Brian) (Entered: 10/25/2019)
2019-10-25
1
OBJECTION to (389 in 1:17-cv-01623-LPS-CJB, 239 in 1:17-cv-01616-LPS-CJB) Report and Recommendations by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/25/2019)
2019-10-25
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendants' October 25, 2019 Letter - re (252 in 1:17-cv-01616-LPS-CJB, 398 in 1:17-cv-01623-LPS-CJB) Letter. (Farnan, Brian) (Entered: 10/28/2019)
2019-10-28
1
ORAL ORDER Setting Hearing on Motion D.I. 241 MOTION to Strike Portions of the Expert Report of Julie Davis : The Court, having reviewed the parties' October 25, 2019 letter, (D.I. 254), hereby ORDERS that a teleconference to hear argument regarding Plaintiff's Motion to Strike is set for 11/4/2019 at 03:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 10/28/2019. (mlc) (Entered: 10/28/2019)
2019-10-28
1
Order Setting Hearing on Motion
2019-10-28
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' letters regarding the summary judgment briefing schedule and page limitations, (Civil Action No. 17-1616-LPS-CJB, D.I. 252; D.I. 256; Civil Action No. 17-1623-LPS-CJB, D.I. 398; D.I. 400), hereby ORDERS as follows: (1) the summary judgment and Daubert motion briefing schedule shall be extended as follows: (a) opening summary judgment and Daubert motion briefs shall be due by December 10, 2019; (b) answering summary judgment and Daubert motion briefs shall be due by January 2, 2020; and (c) reply summary judgment and Daubert motion briefs shall be due by January 16, 2020. (2) The dates for the hearing on summary judgment and Daubert motions, pretrial conference, and trial shall remain the same. (3) Defendants' request for an increase in page limits for summary judgment and Daubert motions is denied. Ordered by Judge Christopher J. Burke on 10/29/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 10/29/2019)
2019-10-29
1
REDACTED VERSION of 247 Letter by Foundation Medicine, Inc.. (Tigan, Jeremy) (Main Document 259 replaced on 10/30/2019) (ntl). (Entered: 10/29/2019)
2019-10-29
1
Oral Order
2019-10-29
1
No Actions
- CORRECTING ENTRY
2019-10-30
1
No Actions
CORRECTING ENTRY: Corrected document added to D.I. 259 per request of counsel. (ntl)
2019-10-30
1
No Actions
REPORT AND RECOMMENDATIONS regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/15/2019. Signed by Judge Christopher J. Burke on 11/1/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-11-01
1
REDACTED VERSION of 253 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 11/04/2019)
2019-11-04
1
Motion Hearing
2019-11-04
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 11/4/2019 regarding D.I. 241 MOTION to Strike Portions of the Expert Report of Julie Davis filed by Guardant Health, Inc. The Court heard telephonic argument from the parties and took the matter under advisement. (Court Reporter Lorraine Marino. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, D. Walter, J. Constant for Plaintiff; J. Tigan, K. Jacobs, E. Marandett, M. Edgarton for Defendant. (mlc)
2019-11-04
1
No Actions
ORDER re (354 in 1:17-cv-01623-LPS-CJB, 207 in 1:17-cv-01616-LPS-CJB) REPORT AND RECOMMENDATION re claim construction is ADOPTED. Signed by Judge Leonard P. Stark on 11/4/19. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 11/05/2019)
2019-11-05
1
ORAL ORDER: The Court, having reviewed Plaintiff Guardant Health, Inc.'s ("Guardant") Motion to Strike portions of the expert report of Julie Davis (the "Motion"), (D.I. 241 ), and the parties' letter briefs relating thereto, (D.I. 242; D.I. 247; D.I. 253), and having heard telephonic argument on November 4, 2019, HEREBY DENIES Guardant's Motion for the following reasons: (1) Guardant requests that the Court strike portions of Ms. Davis' damages expert report that rely on conversations with previously undisclosed witnesses (and related documents), arguing that these witnesses and documents should have been earlier disclosed pursuant to Federal Rule of Civil Procedure 26(a)(1)(A)(i)-(ii). The specific witnesses at issue are three of Defendant Foundation Medicine, Inc.'s ("FMI") employees (Jessica Atkinson, Emily Kuksin, and John Scola) and the specific documents at issue are three documents produced by these witnesses (FM1616-513914, FM1616-513915 and FM1616-513883-907) (collectively, the "Disputed Evidence"). (D.I. 242 at 1) In order for the Pennypack factors to even come into play here, the Court must first find there to be an untimely or otherwise improper disclosure pursuant to Federal Rule of Civil Procedure 37(c)(1). FMI claims that Ms. Davis relied on the Disputed Evidence simply "to rebut facts and theories regarding FMI's reimbursement strategies and biopharma business relationships raised for the very first time by" Guardant's damages expert, Stephen L. Becker, Ph.D. in his July 24, 2019 opening report. (D.I. 247 at 1; see also id. at 2) Prior to service of Dr. Becker's report, FMI asserts that it had little information regarding Guardant's claim for lost profits (and could not previously have been aware of Guardant's intent to seek damages on all of FMI's biopharma sales or of Guardant's focus on relative reimbursement rates). (Id. at 1) While the Court has some sympathy for FMI's position that Guardant could have better spelled out its lost profits arguments in response to FMI discovery requests, (id., exs. 4-5), in the end, the Court concludes that FMI should have known to earlier disclose these witnesses. This is because: (a) as of early 2019, it should have been clear to FMI that "negotiations with insurance providers for reimbursement of sales of the FMI accused product" was important to Guardant's lost profits case, (D.I. 242, ex. B at 13-14; see also id., ex. G at 9-10); (b) in light of what Guardant did say about its lost profits case, (see e.g., D.I. 242, ex. F), FMI could have reasonably expected that all of its biopharma sales would be at issue in the case; and (c) even FMI's counsel acknowledged that, in hindsight, it would have been better if these three witnesses had been earlier disclosed. Thus, the Court can conclude that Guardant has made a showing that FMI has violated Rule 26(a)(1)(A). (2) However, the Court cannot find that the Pennypack factors militate in favor of striking portions of Ms. Davis' report that rely on the Disputed Evidence. At the outset, the Court has to be mindful of the Third Circuit's guidance that "[e]xclusion of critical evidence is an extreme sanction, not normally to be imposed absent a showing of willful deception or flagrant disregard of a court order by the proponent of the evidence." In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 791-92 (3d Cir. 1994) (internal quotation marks and citations omitted). The first Pennypack factor, which considers surprise or prejudice, would go Guardant's way, as it could reasonably have been surprised to learn of the scope of these witnesses' knowledge of the topics at issue when it read Ms. Davis' report. With respect to the second and third Pennypack factors, however, these go FMI's way, as there would be plenty of time to cure any prejudice to Guardant without disrupting the May 2020 trial. With respect to the fourth Pennypack factor, it too favors FMI, as there is no strong indication that, even if FMI could have disclosed these witnesses sooner, its failure to do so was the product of bad faith or willful disregard of the rules. And the fifth Pennypack factor favors FMI, as the Disputed Evidence appears to be significant to Ms. Davis' rebuttal the damages opinions of Dr. Becker. Accordingly, nearly all of the Pennypack factors militate against the "extreme sanction" called for by Guardant's Motion. (3) The Court further ORDERS that Guardant should be permitted to take focused discovery of and depositions of these three witnesses. The Court expects that the parties will work together cooperatively to attempt to agree on the scope and timing of such discovery and to complete such discovery in a timely fashion. Ordered by Judge Christopher J. Burke on 11/6/2019. (mlc) (Entered: 11/06/2019)
2019-11-06
1
Oral Order
2019-11-06
1
No Actions
RESPONSE TO OBJECTIONS by Guardant Health, Inc. re (397 in 1:17-cv-01623-LPS-CJB, 251 in 1:17-cv-01616-LPS-CJB) Objections, . (Farnan, Brian) (Entered: 11/08/2019)
2019-11-08
1
RESPONSE TO OBJECTIONS by Foundation Medicine, Inc. re (255 in 1:17-cv-01616-LPS-CJB, 399 in 1:17-cv-01623-LPS-CJB) Objection to Report and Recommendations . (Tigan, Jeremy) (Entered: 11/08/2019)
2019-11-08
1
STATEMENT re (255 in 1:17-cv-01616-LPS-CJB, 399 in 1:17-cv-01623-LPS-CJB) Objection to Report and Recommendations Plaintiff's Certification Pursuant to Standing Order for Objections Filed Under Fed. R. Civ. P. 72 by Guardant Health, Inc.. (Farnan, Brian) (Entered: 11/12/2019)
2019-11-12
1
[SEALED] MOTION for Leave to File a Sur-Reply and to Introduce Newly Developed Evidence or, Alternatively, Refer the Matter Back to Magistrate Judge Burke - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 11/12/2019)
2019-11-12
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding request to schedule a discovery teleconference. (Phillips, John) (Entered: 11/15/2019)
2019-11-15
1
OBJECTIONS by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc. to (402 in 1:17-cv-01623-LPS-CJB) REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten . (Attachments: # 1 Certification for Objections)(Phillips, John) (Entered: 11/15/2019)
2019-11-15
1
[SEALED] OBJECTION to (260 in 1:17-cv-01616-LPS-CJB, 402 in 1:17-cv-01623-LPS-CJB) Report and Recommendations by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Certification)(Farnan, Brian) (Entered: 11/15/2019)
2019-11-15
1
Official Transcript of Telephone Conference held on November 4, 2019 before Judge Christopher J. Burke. Court Reporter Lorraine Marino, Email: lorraineb.marino@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/17/2020. (bpg) (Entered: 11/18/2019)
2019-11-18
1
ORAL ORDER re (267 in 1:17-cv-01616-LPS-CJB, 409 in 1:17-cv-01623-LPS-CJB) MOTION for Leave to File a Sur-Reply and to Introduce Newly Developed Evidence or, Alternatively, Refer the Matter Back to Magistrate Judge Burke filed by Guardant Health, Inc. -- IT IS HEREBY ORDERED that this motion is no longer referred to Judge Burke. ORDERED by Judge Leonard P. Stark on 11/18/19. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 11/18/2019)
2019-11-18
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' November 15, 2019 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (Civil Action No. 17-1616-LPS-CJB, D.I. 268; Civil Action No. 17-1623-LPS-CJB, D.I. 410) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 24 in Civil Action No. 17-1616-LPS-CJB; D.I. 25 in Civil Action No. 17-1623-LPS-CJB), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for December 9, 2019 at 2:00 PM before Judge Christopher J. Burke. (3) On November 25, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On December 3, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 11/18/2019)
2019-11-18
1
MOTION [Motion for Teleconference to Resolve Discovery Dispute] - filed by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 11/18/2019)
2019-11-18
1
ORDER Setting Mediation Conferences A Telephone Conference is set for 12/2/2019 at 11:30 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/18/2019. (dlb) (Entered: 11/18/2019)
2019-11-18
1
Order Setting Teleconference
2019-11-18
1
No Actions
Order
2019-11-18
1
No Actions
Motions No Longer Referred
2019-11-18
1
No Actions
Motions No Longer Referred: (267 in 1:17-cv-01616-LPS-CJB, 409 in 1:17-cv-01623-LPS-CJB) MOTION for Leave to File a Sur-Reply and to Introduce Newly Developed Evidence or, Alternatively, Refer the Matter Back to Magistrate Judge Burke Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl)
2019-11-18
1
No Actions
Letter to The Honorable Leonard P. Stark from John C. Phillips, Jr. regarding courtesy copies associated with Defendants' Objections to Magistrate Judge Christopher J. Burke's November 1, 2019 Report and Recommendation (D.I. 402). (Phillips, John) (Entered: 11/20/2019)
2019-11-20
1
REDACTED VERSION of (267 in 1:17-cv-01616-LPS-CJB, 409 in 1:17-cv-01623-LPS-CJB) MOTION for Leave to File a Sur-Reply and to Introduce Newly Developed Evidence or, Alternatively, Refer the Matter Back to Magistrate Judge Burke by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-C)(Farnan, Brian) (Entered: 11/20/2019)
2019-11-20
1
REDACTED VERSION of (270 in 1:17-cv-01616-LPS-CJB, 412 in 1:17-cv-01623-LPS-CJB) Objection to Report and Recommendations, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Brian) (Entered: 11/25/2019)
2019-11-25
1
ANSWERING BRIEF in Opposition re 267 MOTION for Leave to File a Sur-Reply and to Introduce Newly Developed Evidence or, Alternatively, Refer the Matter Back to Magistrate Judge Burke filed by Foundation Medicine, Inc..Reply Brief due date per Local Rules is 12/2/2019. (Attachments: # 1 Exhibit 1-2)(Tigan, Jeremy) (Entered: 11/25/2019)
2019-11-25
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Discovery Dispute - re (414 in 1:17-cv-01623-LPS-CJB) Order Setting Teleconference,,,,,,. (Attachments: # 1 Exhibits 1-17)(Phillips, John) (Entered: 11/25/2019)
2019-11-25
1
[UNSEALED] MEMORANDUM ORDER regarding D.I. (349 in 1:17-cv-01623-LPS-CJB, 203 in 1:17-cv-01616-LPS-CJB) MOTION for Teleconference to Resolve Discovery Dispute filed by Guardant Health, Inc.. Signed by Judge Christopher J. Burke on 11/26/2019.This order has been emailed to local counsel. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) Modified on 12/9/2019 (mlc).
2019-11-26
1
RESPONSE TO OBJECTIONS by Personal Genome Diagnostics, Inc. Defendants' Response to Guardant's Objections to Magistrate Judge's November 1, 2019 Report and Recommendation (D.I. 402). (Bilson, David) (Entered: 12/02/2019)
2019-12-02
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re (411 in 1:17-cv-01623-LPS-CJB, 269 in 1:17-cv-01616-LPS-CJB) Objections, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Brian) (Entered: 12/02/2019)
2019-12-02
1
[SEALED] REPLY BRIEF re 267 MOTION for Leave to File a Sur-Reply and to Introduce Newly Developed Evidence or, Alternatively, Refer the Matter Back to Magistrate Judge Burke filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 12/02/2019)
2019-12-02
1
ORDER Setting Mediation Conference: A Telephone Conference is set for 1/21/2020 at 11:30 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/3/2019. (dlb) (Entered: 12/03/2019)
2019-12-03
1
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendants' November 25, 2019 Letter - re (280 in 1:17-cv-01616-LPS-CJB, 421 in 1:17-cv-01623-LPS-CJB) Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 12/03/2019)
2019-12-03
1
NOTICE OF SERVICE of Guardant Health, Inc.'s Fourth Set of Requests for Production of Documents and Things to Defendant (Nos. 87-91) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 12/03/2019)
2019-12-03
1
REDACTED VERSION of (280 in 1:17-cv-01616-LPS-CJB, 421 in 1:17-cv-01623-LPS-CJB) Letter by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-17)(Phillips, John) (Entered: 12/05/2019)
2019-12-05
1
REDACTED VERSION of (280 in 1:17-cv-01616-LPS-CJB, 421 in 1:17-cv-01623-LPS-CJB) Letter by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-17)(Phillips, John) (Entered: 12/05/2019)
2019-12-05
2
Discovery Conference
2019-12-09
1
No Actions
Document Unsealed
2019-12-09
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 12/9/2019 regarding Defendants' discovery dispute, (D.I. 274 in 17-1616-LPS-CJB; D.I. 409 in 17-1623-LPS-CJB). The Court took the matter under advisement. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, J. Constant for Plaintiff; K. Jacobs, E. Marandett, G. Edgarton for Defendant Foundation Medicine, Inc.; M. Haney, J. Phillips, B. Zimmerman, S. Larson, J. Re for Defendant Personal Genome Diagnostics, Inc. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-12-09
1
No Actions
Document Unsealed. D.I. (422 in 1:17-cv-01623-LPS-CJB, 281 in 1:17-cv-01616-LPS-CJB) Memorandum and Order, unsealed. No redactions requested. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc)
2019-12-09
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendants' requests for five forms of relief relating to Dr. Eltoukhy's deletion of pre-2014 emails from his personal email account following his deposition (the "Motion"), (D.I. 274 in Civil Action No. 17-1616-LPS-CJB; D.I. 415 in Civil Action No. 17-1623-LPS-CJB), and the parties' letter briefs relating thereto, (D.I. 280; D.I. 286 in Civil Action No. 17-1616-LPS-CJB; D.I. 421; D.I. 427 in Civil Action No. 17-1623-LPS-CJB), and having heard argument on December 9, 2019, hereby ORDERS as follows with respect to the Motion: It is clear that Dr. Eltoukhy's deletion of these emails (some of which relate to, inter alia, Defendants inequitable conduct counterclaims), came after Dr. Eltoukhy was asked about the emails at a deposition; moreover, the deletion efforts were not the result of attorney advice or consultation and were in contravention of document preservation instructions that had been provided in these cases. Accordingly, as even Plaintiff acknowledges, Defendants are clearly entitled to some additional relief with respect to this issue. Specifically, with respect to each of Defendants' five requested forms of relief, the Court orders as follows: (1) With respect to Defendants' request that Plaintiff be ordered to download and preserve the entirety of Dr. Eltoukhy's and Dr. Talasaz's Gmail accounts, the request is GRANTED. Defendants seek this relief to avoid further destruction of evidence[,]" (D.I. 421 at 3 in Civil Action No. 17-1623-LPS-CJB), and it seems warranted in light of the circumstances here (and without a concrete indication from Plaintiff of how burdensome such relief would be).; (2) With respect to Defendants' request that Defendants be permitted to inspect a corrupted archive file and forensic images of the laptop on which Dr. Eltoukhy deleted emails, some additional investigation by Defendants is relevant and appropriate in light of what occurred here. (Id.) However, the Court understands the need for safeguards to be in place in connection with such investigation, in light of trade secret and privileged information that may be found on Dr. Eltoukhy's hard drive. (D.I. 427 at 3 in Civil Action No. 17-1623-LPS-CJB) The parties shall further meet and confer to see if they can agree on a process for such additional investigation to occur, and provide a status report of no more than 2 single-spaced pages by December 23, 2019.; (3) With respect to Defendants' request that Plaintiff produce a list of the laptops Dr. Eltoukhy and Dr. Talasaz used since the founding of Guardant, the request is GRANTED. This is clearly relevant information in light of the issue of Dr. Eltoukhy's deletion of emails (and the fact that Dr. Talasaz no longer has a copy of certain emails sent to him by Dr. Eltoukhy), and the Court is not convinced that the burden of compiling such a list would outweigh its likely benefit.; (4) With respect to Defendants' request that Plaintiff produce all bodiless emails that satisfy Guardant's to/from and date limitations, the request is DENIED. To the extent that it has not already done so, Plaintiff shall run the agreed-upon search terms on all emails from the newly located backup, and produce any relevant, non-privileged emails containing such term(s). Beyond that, Plaintiff is not required to produce all bodiless emails that do not contain the agreed-upon search term(s), as the Court is not persuaded that such emails are relevant to issues in these cases.; and (5) With respect to Defendants' request that Dr. Eltoukhy be produced for an additional four hours of deposition time beyond the three the Court previously ordered, Plaintiff shall produce Dr. Eltoukhy for five total hours of deposition time, including the three hours the Court previously ordered. (D.I. 261 in Civil Action No. 17-1623-LPS-CJB) Defendants may utilize these five hours to depose Dr. Eltoukhy regarding (1) his level of involvement with Plaintiff in 2012 and (2) his deletion of pre-2014 emails however they wish (i.e., they are not required to use three hours with respect to the first issue and two hours with respect to the second issue). Ordered by Judge Christopher J. Burke on 12/10/2019. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 12/10/2019)
2019-12-10
1
Joint MOTION for Summary Judgment of Invalidity - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
MOTION for Summary Judgment - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Michael) (Entered: 12/10/2019)
2019-12-10
1
OPENING BRIEF in Support re 290 Joint MOTION for Summary Judgment of Invalidity filed by Foundation Medicine, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] OPENING BRIEF in Support re 291 MOTION for Summary Judgment filed by Guardant Health, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Farnan, Michael) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION re (290 in 1:17-cv-01616-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity, (436 in 1:17-cv-01623-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity of Dr. Ovivier Harismendy by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-2)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] Joint APPENDIX re (290 in 1:17-cv-01616-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity, (436 in 1:17-cv-01623-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-12)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
MOTION for Summary Judgment of Non-Infringement - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
MOTION for Summary Judgment of No Willful Infringement - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION re (293 in 1:17-cv-01616-LPS-CJB) Opening Brief in Support, (437 in 1:17-cv-01623-LPS-CJB) Opening Brief in Support, of Justin Constant by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Farnan, Michael) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] OPENING BRIEF in Support re 297 MOTION for Summary Judgment of No Willful Infringement, 296 MOTION for Summary Judgment of Non-Infringement filed by Foundation Medicine, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] OPENING BRIEF in Support re 300 MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages filed by Foundation Medicine, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] APPENDIX re 297 MOTION for Summary Judgment of No Willful Infringement, 300 MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages, 296 MOTION for Summary Judgment of Non-Infringement by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 13-36, Part 1, # 2 Exhibits 13-36, Part 2)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION of Gary Benson, Ph.D. in Support of Foundation Medicine's Summary Judgment Motions, Oppositions and Replies by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION re 297 MOTION for Summary Judgment of No Willful Infringement, 296 MOTION for Summary Judgment of Non-Infringement of Gary Benson, Ph.D. by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A and Exhibits A-K)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION of Michael L. Metzker, Ph.D. in Support of Foundation Medicine's Summary Judgment Motions, Oppositions and Replies by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION of Stacey Gabriel, Ph.D., in Support of Foundation Medicine's Summary Judgment Motions, Oppositions and Replies by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-2)(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
Oral Order
2019-12-10
1
No Actions
REDACTED VERSION of (294 in 1:17-cv-01616-LPS-CJB, 439 in 1:17-cv-01623-LPS-CJB) Declaration, by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of (440 in 1:17-cv-01623-LPS-CJB, 295 in 1:17-cv-01616-LPS-CJB) Appendix, by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of (293 in 1:17-cv-01616-LPS-CJB) Opening Brief in Support, (437 in 1:17-cv-01623-LPS-CJB) Opening Brief in Support, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 299 Opening Brief in Support, by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of (441 in 1:17-cv-01623-LPS-CJB, 298 in 1:17-cv-01616-LPS-CJB) Declaration,,,,, of Justin Constant by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-18, # 2 Exhibits 19-59)(Farnan, Brian) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 301 Opening Brief in Support, by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 302 Appendix, by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 303 Declaration by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 304 Declaration, by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 305 Declaration by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
REDACTED VERSION of 306 Declaration by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 12/17/2019)
2019-12-17
1
MOTION for Leave to File Declaration of Dr. Gary Benson (DI 304) In Support of FMI's Motion for Summary Judgment of Non-Infringement and Supporting Exhibits - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/18/2019)
2019-12-18
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding In Support of Motion - re 318 MOTION for Leave to File Declaration of Dr. Gary Benson (DI 304) In Support of FMI's Motion for Summary Judgment of Non-Infringement and Supporting Exhibits. (Attachments: # 1 Exhibits 1-2)(Tigan, Jeremy) (Entered: 12/18/2019)
2019-12-18
1
REDACTED VERSION of (424 in 1:17-cv-01623-LPS-CJB, 283 in 1:17-cv-01616-LPS-CJB) Response to Objections by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-4)(Farnan, Brian) (Entered: 12/19/2019)
2019-12-19
1
REDACTED VERSION of (284 in 1:17-cv-01616-LPS-CJB) Reply Brief, (425 in 1:17-cv-01623-LPS-CJB) Reply Brief, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 12/19/2019)
2019-12-19
1
Remark
2019-12-19
1
No Actions
Remark: The hearing on case dispositive and Daubert motions scheduled for January 23, 2020 at 11:00 a.m. before Judge Burke will be now be held in Courtroom 2B. Please note this change. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(dlb)
2019-12-19
1
No Actions
REDACTED VERSION of (427 in 1:17-cv-01623-LPS-CJB, 286 in 1:17-cv-01616-LPS-CJB) Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 12/20/2019)
2019-12-20
1
REDACTED VERSION of (427 in 1:17-cv-01623-LPS-CJB, 286 in 1:17-cv-01616-LPS-CJB) Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 12/20/2019)
2019-12-20
2
REDACTED VERSION of (427 in 1:17-cv-01623-LPS-CJB, 286 in 1:17-cv-01616-LPS-CJB) Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 12/20/2019)
2019-12-20
2
STIPULATION TO EXTEND TIME for Plaintiff to file its Response to Defendant's Motion for Leave to 1/3/2020 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 12/23/2019)
2019-12-23
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Status Report. (Farnan, Michael) (Entered: 12/23/2019)
2019-12-23
1
SO ORDERED D.I. 323 STIPULATION TO EXTEND TIME for Plaintiff to file its Response to Defendant's Motion for Leave to 1/3/2020. Signed by Judge Christopher J. Burke on 12/23/2019. (dlb)
2019-12-23
1
No Actions
SO ORDERED
2019-12-23
1
No Actions
Order Setting Briefing Schedule - open, ans, reply, surreply
2019-12-23
1
No Actions
REDACTED VERSION of 319 Letter, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-2)(Tigan, Jeremy) (Entered: 12/27/2019)
2019-12-27
1
NOTICE OF SERVICE of Defendant Foundation Medicine, Inc.'s Responses and Objections to Plaintiff Guardant Health, Inc.'s Fourth Set of Requests for Production of Documents and Things (Nos. 87-91) filed by Foundation Medicine, Inc..(Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 291 MOTION for Summary Judgment filed by Foundation Medicine, Inc. Reply Brief due date per Local Rules is 1/9/2020. (Kraftschik, Stephen) Modified on 1/3/2020 (ntl). (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re (327 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (456 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition /First Declaration of Dr. Olivier Harismendy by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re (327 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (456 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition /Second Declaration of Dr. Olivier Harismendy by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re (327 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (456 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition /Second Declaration of Michael L. Metzker, Ph.D. by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-3)(Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] APPENDIX re (327 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (456 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition Volume 1 of 3 by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-5, # 2 Exhibits 6-15)(Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] APPENDIX re (331 in 1:17-cv-01616-LPS-CJB, 460 in 1:17-cv-01623-LPS-CJB) Appendix, Volume 2 of 3 by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 16-39)(Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] APPENDIX re (461 in 1:17-cv-01623-LPS-CJB, 332 in 1:17-cv-01616-LPS-CJB) Appendix, (331 in 1:17-cv-01616-LPS-CJB, 460 in 1:17-cv-01623-LPS-CJB) Appendix, Volume 3 of 3 by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 40-53, # 2 Exhibits 54-88)(Kraftschik, Stephen) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 290 Joint MOTION for Summary Judgment of Invalidity filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 1/9/2020. (Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 300 MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 1/9/2020. (Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 297 MOTION for Summary Judgment of No Willful Infringement filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 1/9/2020. (Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 296 MOTION for Summary Judgment of Non-Infringement filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 1/9/2020. (Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re (334 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (335 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (337 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (466 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition, (336 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (465 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition of Justin Constant by Guardant Health, Inc.. (Attachments: # 1 Exhibit 60, # 2 Exhibit 61, # 3 Exhibit 62, # 4 Exhibit 63, # 5 Exhibit 64, # 6 Exhibit 65, # 7 Exhibit 66, # 8 Exhibit 67, # 9 Exhibit 68, # 10 Exhibit 69, # 11 Exhibit 70, # 12 Exhibit 71, # 13 Exhibit 72, # 14 Exhibit 73, # 15 Exhibit 74, # 16 Exhibit 75, # 17 Exhibit 76, # 18 Exhibit 77, # 19 Exhibit 78, # 20 Exhibit 84, # 21 Exhibit 85, # 22 Exhibit 86, # 23 Exhibit 87, # 24 Exhibit 89, # 25 Exhibit 91, # 26 Exhibit 92, # 27 Exhibit 93, # 28 Exhibit 94)(Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re (337 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (466 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition, (334 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (336 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (465 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition of Gregory Cooper, Ph. D. by Guardant Health, Inc.. (Attachments: # 1 Exhibit 79, # 2 Exhibit 80, # 3 Exhibit 81, # 4 Exhibit 82, # 5 Exhibit 88, # 6 Exhibit 90)(Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re (337 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (466 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition, (334 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (336 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (465 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition, (335 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, of Stephen L. Becker, Ph. D. by Guardant Health, Inc.. (Attachments: # 1 Exhibit 83)(Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's Motion for Leave - re 318 MOTION for Leave to File Declaration of Dr. Gary Benson (DI 304) In Support of FMI's Motion for Summary Judgment of Non-Infringement and Supporting Exhibits. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farnan, Brian) (Entered: 01/03/2020)
2020-01-03
1
STIPULATION TO EXTEND TIME for FMI to File Its Reply Letter re Motion for Leave Authorizing Submission of Declaration of Dr. Gary Benson to January 10, 2020 - filed by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/06/2020)
2020-01-06
1
SO ORDERED
2020-01-06
1
No Actions
SO ORDERED D.I. 342 STIPULATION TO EXTEND TIME for FMI to File Its Reply Letter re Motion for Leave Authorizing Submission of Declaration of Dr. Gary Benson to January 10, 2020 filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 1/6/2020. (dlb)
2020-01-06
1
No Actions
[SEALED] REPORT AND RECOMMENDATIONS re (285 in 1:17-cv-01623-LPS-CJB) (169 in 1:17-cv-01616-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc.. Please note that when filing Objections pursuant to Fed eral Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 1/21/2020. Signed by Judge Christopher J. Burke on 1/7/2020.This order has been emailed to local counsel. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb)
2020-01-07
1
REDACTED VERSION of (337 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (466 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
REDACTED VERSION of (334 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (465 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
REDACTED VERSION of 335 Answering Brief in Opposition, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
REDACTED VERSION of 336 Answering Brief in Opposition by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
REDACTED VERSION of (467 in 1:17-cv-01623-LPS-CJB, 338 in 1:17-cv-01616-LPS-CJB) Declaration,,,, of Justin Constant by Guardant Health, Inc.. (Attachments: # 1 Exhibits 60-78, 84-87, 89, and 91-94)(Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
REDACTED VERSION of (339 in 1:17-cv-01616-LPS-CJB, 468 in 1:17-cv-01623-LPS-CJB) Declaration,, of Gregory Cooper, Ph. D. by Guardant Health, Inc.. (Attachments: # 1 Exhibits 79-82, 88, and 90)(Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
REDACTED VERSION of (340 in 1:17-cv-01616-LPS-CJB, 469 in 1:17-cv-01623-LPS-CJB) Declaration,, by Guardant Health, Inc.. (Attachments: # 1 Exhibit 83)(Farnan, Brian) (Entered: 01/09/2020)
2020-01-09
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Motion for Leave to Submit Declaration of Dr. Gary Benson - re 304 Declaration,. (Tigan, Jeremy) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (327 in 1:17-cv-01616-LPS-CJB) Answering Brief in Opposition, (456 in 1:17-cv-01623-LPS-CJB) Answering Brief in Opposition by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Main Document 352 replaced on 1/17/2020) (dlb). (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (328 in 1:17-cv-01616-LPS-CJB, 457 in 1:17-cv-01623-LPS-CJB) Declaration, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (458 in 1:17-cv-01623-LPS-CJB, 329 in 1:17-cv-01616-LPS-CJB) Declaration, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (459 in 1:17-cv-01623-LPS-CJB, 330 in 1:17-cv-01616-LPS-CJB) Declaration, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (331 in 1:17-cv-01616-LPS-CJB, 460 in 1:17-cv-01623-LPS-CJB) Appendix, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (461 in 1:17-cv-01623-LPS-CJB, 332 in 1:17-cv-01616-LPS-CJB) Appendix by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of (333 in 1:17-cv-01616-LPS-CJB, 462 in 1:17-cv-01623-LPS-CJB) Appendix, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
Letter to The Honorable Christopher J. Burke from Stephen J. Kraftschik regarding a request for a teleconference. (Kraftschik, Stephen) (Entered: 01/10/2020)
2020-01-10
1
Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding Summary Judgment Hearing. (Jacobs, Karen) (Entered: 01/13/2020)
2020-01-13
1
ORAL ORDER: In light of the upcoming January 23, 2020 hearing on summary judgment and Daubert motions in these cases, the Court hereby ORDERS the following: (1) The Court adopts Defendants' proposal that each side be allocated two hours for argument at the hearing (for a total length of four hours), (Civil Action No. 17-1616-LPS-CJB, D.I. 360 at 1).; (2) By no later than January 17, 2020, the parties shall submit a joint letter that advises: (a) whether any of the pending summary judgment and/or Daubert motions shall be submitted on the papers, or alternatively, whether the parties intend to present argument as to each such pending motion during the January 23, 2020 hearing; and (b) whether any newer attorneys will be arguing any of these motions pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys.; (3) The Court's December 19, 2019 Remark indicating that the January 23, 2020 hearing will be held in Courtroom 2B is hereby WITHDRAWN. The hearing will instead take place in Judge Burke's Courtroom (Courtroom 2A).; and (4) Lastly, with regard to Defendant Foundation Medicine, Inc.'s (FMI) "Motion for Leave Authorizing Submission of Declaration of Dr. Gary Benson (D.I. 304) in Support of FMIs Motion for Summary Judgment of Non-Infringement and Supporting Exhibits," (Civil Action No. 17-1616-LPS-CJB, D.I. 318), and Plaintiff Guardant Health, Inc.'s "Motion to Strike" Defendant Personal Genome Diagnostics, Inc.'s prosecution history estoppel arguments from its summary judgment briefing, (Civil Action No. 17-1623-LPS-CJB, D.I. 463), the Court will not hold separate teleconferences to address these motions. Instead, to the extent the Court has questions regarding these motions, it will ask them during the January 23, 2020 hearing. Ordered by Judge Christopher J. Burke on 1/14/2020. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(dlb) (Entered: 01/14/2020)
2020-01-14
1
Oral Order
2020-01-14
1
No Actions
REDACTED VERSION of 341 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-E)(Farnan, Brian) (Entered: 01/15/2020)
2020-01-15
1
[SEALED] REPLY BRIEF re 290 Joint MOTION for Summary Judgment of Invalidity filed by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] DECLARATION re (492 in 1:17-cv-01623-LPS-CJB) Reply Brief, (363 in 1:17-cv-01616-LPS-CJB) Reply Brief of Dr. Olivier Harismendy by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Kraftschik, Stephen) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] APPENDIX re (290 in 1:17-cv-01616-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity, (436 in 1:17-cv-01623-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 37-42)(Kraftschik, Stephen) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] REPLY BRIEF re 297 MOTION for Summary Judgment of No Willful Infringement, 300 MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages, 296 MOTION for Summary Judgment of Non-Infringement filed by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] APPENDIX re 297 MOTION for Summary Judgment of No Willful Infringement, 300 MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages, 296 MOTION for Summary Judgment of Non-Infringement by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 43-48)(Kraftschik, Stephen) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] REPLY BRIEF re 291 MOTION for Summary Judgment filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] DECLARATION re (499 in 1:17-cv-01623-LPS-CJB) Reply Brief, (368 in 1:17-cv-01616-LPS-CJB) Reply Brief, (500 in 1:17-cv-01623-LPS-CJB) Reply Brief of Justin Constant by Guardant Health, Inc.. (Attachments: # 1 Exhibit 95, # 2 Exhibit 96, # 3 Exhibit 97, # 4 Exhibit 98, # 5 Exhibit 99, # 6 Exhibit 100, # 7 Exhibit 101, # 8 Exhibit 102, # 9 Exhibit 103, # 10 Exhibit 104)(Farnan, Brian) (Entered: 01/16/2020)
2020-01-16
1
REDACTED VERSION of 351 Letter by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 01/17/2020)
2020-01-17
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Summary Judgment and Daubert Hearing - re (361 in 1:17-cv-01616-LPS-CJB, 491 in 1:17-cv-01623-LPS-CJB) Oral Order,,,,,,,. (Farnan, Brian) (Entered: 01/17/2020)
2020-01-17
1
- CORRECTING ENTRY
2020-01-17
1
No Actions
CORRECTING ENTRY: PDFs (D.I. 352 in C.A. 17-1616; D.I. 481 in C.A. 17-1623) have been replaced at the request of the filer. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(dlb)
2020-01-17
1
No Actions
ORAL ORDER: The Court, having considered the parties' January 17, 2020 letter regarding the January 23, 2020 hearing, (D.I. (371 in 1:17-cv-01616-LPS-CJB, 503 in 1:17-cv-01623-LPS-CJB)), hereby ORDERS as follows: (1) In light of Defendant Foundation Medicine Inc.'s intent to have a newer attorney argue its Motion for Leave Authorizing Submission of Declaration of Dr. Gary Benson, (D.I. 318 in Civil Action No. 17-1616-LPS-CJB), the Court will hear argument on that motion during the hearing; and (2) the parties' proposals regarding the motions they do not intend to submit argument on are hereby adopted. Ordered by Judge Christopher J. Burke on 1/21/2020. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(mlc) (Entered: 01/21/2020)
2020-01-21
1
OBJECTIONS by Guardant Health, Inc. to (470 in 1:17-cv-01623-LPS-CJB, 343 in 1:17-cv-01616-LPS-CJB) REPORT AND RECOMMENDATIONS re (285 in 1:17-cv-01623-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc., (169 in 1:17-cv-01616-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by . (Attachments: # 1 Certificate of Compliance)(Farnan, Brian) (Entered: 01/21/2020)
2020-01-21
1
Oral Order
2020-01-21
1
No Actions
Remark
2020-01-22
1
No Actions
Remark: D.I. 343 Report and Recommendation has been unsealed (dlb)
2020-01-22
1
No Actions
Motion Hearing
2020-01-23
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 1/23/2020 regarding the parties' pending summary judgment and Daubert motions. The Court took the motions under advisement and will issue opinions. The parties also advised the Court with respect to their positions regarding the order of trials. (Court Reporter Lorraine Marino. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, D. Walter, J. Constant, E. Hochstadt for Plaintiff; K. Jacobs, S. Kraftschik, E. Marandett, M. Edgarton, S. Wang, J. Calhoun, S. Cutler for Defendant Foundation Medicine, Inc.; D. Bilson, S. Larson, J. Re, B. Zimmerman, J. Helm for Defendant Personal Genome Diagnostics, Inc. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB(mlc)
2020-01-23
1
No Actions
REDACTED VERSION of (499 in 1:17-cv-01623-LPS-CJB) Reply Brief, (368 in 1:17-cv-01616-LPS-CJB) Reply Brief by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of (501 in 1:17-cv-01623-LPS-CJB, 369 in 1:17-cv-01616-LPS-CJB) Declaration, by Guardant Health, Inc.. (Attachments: # 1 Exhibit 95, # 2 Exhibit 96, # 3 Exhibit 97, # 4 Exhibit 98, # 5 Exhibit 99, # 6 Exhibit 100, # 7 Exhibit 101, # 8 Exhibit 102, # 9 Exhibit 103, # 10 Exhibit 104)(Farnan, Brian) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of (492 in 1:17-cv-01623-LPS-CJB) Reply Brief, (363 in 1:17-cv-01616-LPS-CJB) Reply Brief by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of (493 in 1:17-cv-01623-LPS-CJB, 364 in 1:17-cv-01616-LPS-CJB) Declaration by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of (365 in 1:17-cv-01616-LPS-CJB, 494 in 1:17-cv-01623-LPS-CJB) Appendix, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of (495 in 1:17-cv-01623-LPS-CJB) Reply Brief, (366 in 1:17-cv-01616-LPS-CJB) Reply Brief, by Foundation Medicine, Inc.. (Kraftschik, Stephen) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of (367 in 1:17-cv-01616-LPS-CJB) Appendix, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 43-48)(Kraftschik, Stephen) (Entered: 01/24/2020)
2020-01-24
1
NOTICE of Intent to Request Redaction of Transcript by Personal Genome Diagnostics, Inc. re Motion Hearing,,, (Bilson, David) (Entered: 01/29/2020)
2020-01-29
1
[SEALED] NOTICE of Lodging Demonstratives by Foundation Medicine, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kraftschik, Stephen) (Entered: 01/29/2020)
2020-01-29
1
REDACTED VERSION of 382 Notice (Other) by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kraftschik, Stephen) (Attachment 1 replaced on 2/5/2020) (dlb). (Attachment 2 replaced on 2/5/2020) (dlb). (Entered: 01/29/2020)
2020-01-29
1
NOTICE of Intent to Request Redaction of Transcript of January 23, 2020, Hearing by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc. (Kraftschik, Stephen) (Entered: 01/29/2020)
2020-01-29
1
RESPONSE TO OBJECTIONS by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc. re (505 in 1:17-cv-01623-LPS-CJB, 373 in 1:17-cv-01616-LPS-CJB) Objections, (470 in 1:17-cv-01623-LPS-CJB, 343 in 1:17-cv-01616-LPS-CJB) REPORT AND RECOMMENDATIONS re (285 in 1:17-cv-01623-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc., (169 in 1:17-cv-01616-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by /Defendants' Response to Plaintiff's Objections to Judge Burke's January 7, 2020 Report and Recommendation. (Kraftschik, Stephen) (Entered: 02/04/2020)
2020-02-04
1
- CORRECTING ENTRY
2020-02-05
1
No Actions
CORRECTING ENTRY: Exhibits at D.I. 383 have been replaced at the request of the filer. (dlb)
2020-02-05
1
No Actions
REPORT AND RECOMMENDATIONS regarding D.I. 297 MOTION for Summary Judgment of No Willful Infringement filed by Foundation Medicine, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 2/20/2020. Signed by Judge Christopher J. Burke on 2/6/2020. (dlb)
2020-02-06
1
Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Guardant's Objections to Report & Recommendation - re (470 in 1:17-cv-01623-LPS-CJB, 343 in 1:17-cv-01616-LPS-CJB) REPORT AND RECOMMENDATIONS re (285 in 1:17-cv-01623-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc., (169 in 1:17-cv-01616-LPS-CJB) MOTION to Dismiss for Failure to State a Claim filed by. (Tigan, Jeremy) (Entered: 02/11/2020)
2020-02-11
1
NOTICE of Withdrawal of Foundation Medicine, Inc.'s Notice of Intent to Request Redaction of Transcript by Foundation Medicine, Inc. re (384 in 1:17-cv-01616-LPS-CJB, 521 in 1:17-cv-01623-LPS-CJB) Notice (Other) (Kraftschik, Stephen) (Entered: 02/12/2020)
2020-02-12
1
Official Transcript of Telephone Conference held on September 4, 2019 before Judge Christopher J. Burke. Court Reporter Adam Miller, Email: DeposDE@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/5/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/13/2020. (bpg) (Entered: 02/13/2020)
2020-02-13
1
[SEALED] Transcript of Motions Hearing held on January 23, 2020 before Judge Christopher J. Burke. (bpg) (Entered: 02/13/2020)
2020-02-13
1
ORAL ORDER: IT IS HEREBY ORDERED that the parties in these two matters (C.A. Nos. 17-1616, 17-1623) shall meet and confer and, no later than Tuesday, February 18, submit a joint status report indicating their availability and preferences for trial on the dates to be provided to the parties in an email from chambers. IT IS FURTHER ORDERED that the Court has scheduled a status teleconference for Thursday, February 20, at 11:15 a.m. to discuss how these cases should proceed. Counsel for Guardant shall initiate the call to (302) 573-4571. ORDERED by Judge Leonard P. Stark on 2/14/20. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 02/14/2020)
2020-02-14
1
NOTICE of Withdrawal of Counsel (Stephen J. Kraftschik) by Foundation Medicine, Inc. (Kraftschik, Stephen) (Entered: 02/14/2020)
2020-02-14
1
Order Setting Teleconference
2020-02-14
1
No Actions
Joint STATUS REPORT Concerning Trial Dates by Guardant Health, Inc.. (Attachments: # 1 Appendix A)(Farnan, Brian) (Entered: 02/18/2020)
2020-02-18
1
Joint STATUS REPORT Concerning Trial Dates by Guardant Health, Inc.. (Attachments: # 1 Appendix A)(Farnan, Brian) (Entered: 02/18/2020)
2020-02-18
2
ORAL ORDER: Having reviewed the parties' letter of February 18 (see, e.g., C.A. No. 17-1616 D.I. 393), IT IS HEREBY ORDERED that the following schedule shall govern further proceedings in these two actions: (1) for C.A. No. 17-1623, against PGDx, (a) the proposed pretrial order ("PTO") is due on May 15, 2020; (b) the pretrial conference ("PTC") will be held on May 22, 2020 at 4:00 p.m.; and (c) a jury trial will be held between June 8 and 12, 2020; and (2) for C.A. No. 17-1616, against FMI, (a) the PTO is due on October 16, 2020; (b) the PTC will be held on October 23, 2020 at 4:00 p.m.; and (c) a jury trial will be held between November 6 and 13. A motions hearing in both cases will be held on April 14, 2020 at 2:00 p.m., with each side allocated 90 minutes to present argument on any then-pending motions and objections. In arriving at these scheduling decisions, the Court has considered the conflicts identified by the parties in their letter, as well as conflicts in the Court's schedule (for instance, the August trial dates suggested to the parties last week are no longer available due to the need to reschedule another trial), and the various other interests identified in the parties' letter. IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow, February 20, is CANCELLED. ORDERED by Judge Leonard P. Stark on 2/19/20. (ntl) (Entered: 02/19/2020)
2020-02-19
1
~Util - Set Deadlines/Hearings
2020-02-19
1
No Actions
Order
2020-02-19
1
No Actions
[SEALED] MOTION to Redact (530 in 1:17-cv-01623-LPS-CJB) Transcript [Unopposed] - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)Motions referred to Christopher J. Burke.(Phillips, John) (Entered: 02/20/2020)
2020-02-20
1
OBJECTION to 386 Report and Recommendations by Foundation Medicine, Inc.. (Jacobs, Karen) (Entered: 02/20/2020)
2020-02-20
1
Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Courtesy Copies Pursuant to the Court's Standing Order for Objections Filed Under Fed. R. Civ. P. 72 - re 386 REPORT AND RECOMMENDATIONS re 297 MOTION for Summary Judgment of No Willful Infringement filed by Foundation Medicine, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists. (Tigan, Jeremy) (Entered: 02/24/2020)
2020-02-24
1
REDACTED VERSION of (534 in 1:17-cv-01623-LPS-CJB) MOTION to Redact (530 in 1:17-cv-01623-LPS-CJB) Transcript [Unopposed] by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Phillips, John) (Entered: 02/26/2020)
2020-02-26
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re 396 Objection to Report and Recommendations . (Farnan, Brian) (Entered: 03/05/2020)
2020-03-05
1
REDACTED VERSION of 399 Response to Objections by Guardant Health, Inc.. (Farnan, Brian) (Entered: 03/11/2020)
2020-03-11
1
ORAL ORDER: IT IS HEREBY ORDERED that, in light of the Standing Order Regarding Court Operations Under the Exigent Circumstances Created by COVID-19, dated March 18, 2020 (https://www.ded.uscourts.gov/news/standing-order-re-court-operations-under-exigent-circumstances-created-covid-19), the parties are directed to meet and confer, and no later than March 24, submit a Joint Status Report, proposing how this case should now proceed. In particular, given that the forthcoming in-court proceeding has been converted to a teleconference, the parties shall advise the Court (in addition to anything else they wish to address): (i) whether they intend to proceed at the date and time now scheduled or seek a continuance or modification; and (ii) if they intend to rely on a demonstrative (e.g., PowerPoint) or cite to other material, when in advance of the proceeding they propose to submit electronic versions of such materials to the Court. ORDERED by Judge Leonard P. Stark on 3/19/2020. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 03/19/2020)
2020-03-19
1
NOTICE OF SERVICE of Foundation Medicine Inc.'s Second Amended Initial Disclosures filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 03/19/2020)
2020-03-19
1
Order
2020-03-19
1
No Actions
NOTICE OF SERVICE of Second Supplement to the Reply Expert Report of Michael L. Metzker, Ph.D. filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 03/20/2020)
2020-03-20
1
MEMORANDUM ORDER: REPORT AND RECOMMENDATION at D.I. 212 is ADOPTED; REPORT AND RECOMMENDATION at D.I. 239 is ADOPTED IN PART; REPORT AND RECOMMENDATION at D.I. 260 is ADOPTED; REPORT AND RECOMMENDATION at D.I. 343 is ADOPTED; MOTIONS to Dismiss are DENIED (D.I. 169 in 1616 and D.I. 285 in 1623). Signed by Judge Leonard P. Stark on 3/23/20. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl)
2020-03-23
1
Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to the Court's March 19, 2020 Oral Order - re (540 in 1:17-cv-01623-LPS-CJB, 401 in 1:17-cv-01616-LPS-CJB) Order,,,,. (Farnan, Brian) (Entered: 03/24/2020)
2020-03-24
1
NOTICE of Subsequent Authority in Support of Foundation Medicine's Objections to Judge Burke's February 6, 2020 Report and Recommendation by Foundation Medicine, Inc. re 396 Objection to Report and Recommendations (Attachments: # 1 Exhibit A)(Tigan, Jeremy) (Entered: 03/27/2020)
2020-03-27
1
ORAL ORDER: Having reviewed the parties joint letter of March 24, IT IS HEREBY ORDERED that the hearing scheduled for April 14 is CANCELLED. However, the Court is not yet persuaded that it must cancel the June trial. The parties shall continue to meet and confer and work toward determining if the June trial date can be maintained. Accordingly, the parties shall submit another joint status report on April 14. ORDERED by Judge Leonard P. Stark on 3/30/20. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 03/30/2020)
2020-03-30
1
Order Cancelling Deadline
2020-03-30
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the following motions are DENIED AS MOOT: C.A. No. 17-1616 D.I. 267, C.A. No. 17-1623 D.I. 409. See also C.A. No. 17-1616 D.I. 404. ORDERED by Judge Leonard P. Stark on 4/6/20. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 04/06/2020)
2020-04-06
1
ANSWER to 168 Answer to Amended Complaint, Counterclaim by Guardant Health, Inc..(Farnan, Michael) (Entered: 04/06/2020)
2020-04-06
1
Order
2020-04-06
1
No Actions
~Util - Terminate Motions
2020-04-06
1
No Actions
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael) (Entered: 04/09/2020)
2020-04-09
1
NOTICE requesting Clerk to remove Margaret E. Ives of Choate Hall & Stewart LLP as co-counsel. Reason for request: No longer with firm. (Tigan, Jeremy) (Entered: 04/09/2020)
2020-04-09
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' April 9, 2020 requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 410) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 24), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for April 27, 2020 at 2:00 PM before Judge Christopher J. Burke. (3) On April 17, 2020, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On April 22, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 4/13/2020. (dlb) (Entered: 04/13/2020)
2020-04-13
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 04/13/2020)
2020-04-13
1
Order Setting Teleconference
2020-04-13
1
No Actions
[SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Joint Status Report. (Farnan, Brian) (Entered: 04/14/2020)
2020-04-14
1
NOTICE requesting Clerk to remove Christopher M. Pistritto as co-counsel.. (Farnan, Michael) (Entered: 04/17/2020)
2020-04-17
1
ORAL ORDER: IT IS HEREBY ORDERED that a Status Telephone Conference is set for April 22, 2020 at 3:00 PM. Counsel for Guardant shall initiate the teleconference and shall provide Chambers with the call-in information. ORDERED by Judge Leonard P. Stark on 4/17/20. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 04/17/2020)
2020-04-17
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 04/17/2020)
2020-04-17
2
Order Setting Teleconference
2020-04-17
1
No Actions
REDACTED VERSION of (546 in 1:17-cv-01623-LPS-CJB, 414 in 1:17-cv-01616-LPS-CJB) Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 04/21/2020)
2020-04-21
1
[SEALED] REPORT AND RECOMMENDATIONS regarding D.I. (435 in 1:17-cv-01623-LPS-CJB) MOTION to Preclude the Testimony of Dr. Bradley Reiff filed by Guardant Health, Inc., (291 in 1:17-cv-01616-LPS-CJB) MOTION for Summary Judgment filed by Guardant Health, Inc., (300 in 1:17-cv-01616-LPS-CJB) MOTION to Preclude the Testimony of Stephen Becker and Gregory Cooper regarding Reasonable Royalty Damages filed by Foundation Medicine, Inc., (434 in 1:17-cv-01623-LPS-CJB) MOTION for Summary Judgment filed by Guardant Health, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 5/1/2020; responses due by 5/11/20. Signed by Judge Christopher J. Burke on 4/22/2020.This order has been emailed to local counsel. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 04/22/2020)
2020-04-22
1
Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Opposition to Guardant's Motion to Preclude Trial Testimony by Cindy Perettie. (Attachments: # 1 Exhibits 1-5)(Tigan, Jeremy) (Entered: 04/22/2020)
2020-04-22
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 4/22/2020. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl)
2020-04-22
1
No Actions
Telephone Conference
2020-04-22
1
No Actions
MEMORANDUM ORDER: IT IS HEREBY ORDERED that the June 8, 2020 jury trial in the 17-1623 action is continued to a date to be determined. Signed by Judge Leonard P. Stark on 4/23/20. Associated Cases: 1:17-cv-01623-LPS-CJB, 1:17-cv-01616-LPS-CJB (ntl)
2020-04-23
1
[SEALED] MOTION Redacted April 22, 2020 Report and Recommendation re (419 in 1:17-cv-01616-LPS-CJB, 550 in 1:17-cv-01623-LPS-CJB) REPORT AND RECOMMENDATIONS re (435 in 1:17-cv-01623-LPS-CJB) MOTION to Preclude the Testimony of Dr. Bradley Reiff filed by Guardant Health, Inc., (291 in 1:17-cv-01616-LPS-CJB) MOTION for Summary Judgment filed by Guardant Hea - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 04/27/2020)
2020-04-27
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 4/27/2020. The Court heard arguments regarding Plaintiff's discovery dispute motion, (D.I. 413 ). The Court took the matter under advisement and will issue an order. (Court Reporter Brian Gaffigan. Clerk: M. Crawford) Appearances: B. Farnan, J. Constant for Plaintiff; K. Jacobs, E. Marandett, M. Edgarton for Defendant. (mlc)
2020-04-27
1
No Actions
Discovery Conference
2020-04-27
1
No Actions
ORAL ORDER: The Court, having reviewed Plaintiff Guardant Health, Inc.'s ("Guardant") discovery dispute motion in which it moves to preclude Defendant Foundation Medicine, Inc.'s ("FMI") CEO, Cindy Perettie, from testifying at trial, (the "Motion"), (D.I. 413 ), and the parties' letter briefs relating thereto, (D.I. 417; D.I. 420), and having heard telephonic argument on April 27, 2020, HEREBY GRANTS Guardant's Motion for the following reasons: (1) On March 19, 2020, FMI served amended initial disclosures adding an additional FMI witness, Ms. Perettie. Guardant requests that the Court preclude Ms. Perettie from testifying at trial, arguing that she should have been earlier disclosed pursuant to Federal Rule of Civil Procedure 26(a)(1)(A). (D.I. 417 at 1) That is an understatement. FMI's disclosure was not only untimely, it was substantially untimely. According to FMI, the need to disclose a new witness who would "describe the company and its mission[,]" (D.I. 420 at 3), was prompted by the October 2019 departure of FMI's Chief Commercial Officer ("COO"), Thomas Civik, who, prior to his departure, was going to cover this ground at trial, (id. at 1). However, FMI did not move to disclose a new witness then, or in a few weeks after Mr. Civik's departure. Instead, it claims that it needed to wait an additional three months, until January 2020, when a replacement COO was hired. Did it amend its disclosures then? No. Instead, according to FMI, this new hire simply prompted it to BEGIN a "thorough process" to decide whom it should designate, a process that took between two and three additional months to conclude, culminating in the March 19, 2020 amended disclosures that identified Ms. Perettie (who has been with FMI since February 2019). (Id.) All of this delay occurred while the case was then in its late stages, heading toward trial. "Untimely" does not do this "process" justice. (2) The Pennypack factors militate in favor of Guardant's request. It is true that the second and third Pennypack factors probably lean in favor of FMI. The Court is not sure exactly what new discovery would be required as to Ms. Perettie, but it assumes that because the trial is now not set to occur until November 2020, that discovery could occur without displacing the trial date. (That said, adding any additional discovery to an already heavily-litigated case that is still undergoing additional depositions and document production well after the close of fact discovery, during the COVID-19 crisis, is not without challenge.). (See, e.g., D.I. 414 at 3-7) However, though the Pennypack factors may be very forgiving, they are not a sieve. And indeed, the remaining factors go against FMI. The first Pennypack factor, which considers surprise or prejudice, would clearly go Guardant's way, as Guardant was undoubtedly surprised to see FMI's CEO named on FMI's initial disclosures for the first time in March 2020 (for all of the reasons set out above) and would be prejudiced to have to respond to that disclosure at this late stage. With respect to the fourth Pennypack factor, while the Court would not use the term "bad faith," this is the second time that the Court has found that FMI made late disclosures in violation of Rule 26(a)(1)(A) (and Ms. Perettie is the fourth witness that FMI has untimely disclosed). (See D.I. 263); see Integra LifeScis. Corp. v. HyperBranch Med. Tech., Inc., Civil Action No. 15-819-LPS-CJB, 2018 WL 3814614, at *3 (D. Del. Mar. 23, 2018). The Court has to infer that FMI made a knowing decision to take months and months to disclose a new witness, well after the fact discovery cutoff, presumably thinking that such delay would be countenanced. And the fifth Pennypack factor favors Guardant. FMI acknowledges that Ms. Perettie will not be testifying about the "technical issues at the heart of this litigation or offering expert testimony." (D.I. 420 at 2) While testimony describing the company "and its mission" will no doubt be helpful in this case, FMI has two current employees (a Director of Product Development Informatics and Systems Integration and a Vice President of Finance) listed on its disclosures (as well as former employees who held high-level positions) who could address this topic at trial. (D.I. 417 at 3; D.I. 420 at 1); (3) Accordingly, the Court finds that the Pennypack factors weigh in favor of grant of Guardant's Motion. Ordered by Judge Christopher J. Burke on 4/28/2020. (mlc) (Entered: 04/28/2020)
2020-04-28
1
Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Joint Status Report. (Farnan, Brian) (Entered: 04/28/2020)
2020-04-28
1
Oral Order
2020-04-28
1
No Actions
STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) for any objections to the April 22, 2020 Report and Recommendation and (ii) to respond to any objection to (i) 5/4/2020 and (ii) 5/19/2020 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 04/30/2020)
2020-04-30
1
Official Transcript of Status Telephone Conference held on April 22, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/21/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/29/2020. (Entered: 04/30/2020)
2020-04-30
1
Official Transcript of Telephone Conference held on April 27, 2020 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/21/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/29/2020. (bpg) (Entered: 04/30/2020)
2020-04-30
1
SO ORDERED D.I. 425 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) for any objections to the April 22, 2020 Report and Recommendation and (ii) to respond to any objection to (i) 5/4/2020 and (ii) 5/19/2020 filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 5/1/2020. (dlb)
2020-05-01
1
No Actions
SO ORDERED
2020-05-01
1
No Actions
Remark: The Court alerts the parties that it expects to issue a Report and Recommendation resolving the remaining summary judgment motions (and related motions) during the week of May 4. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 05/04/2020)
2020-05-04
1
Remark
2020-05-04
1
No Actions
NOTICE OF SERVICE of (i) Supplemental Expert Report of Gregory Cooper and (ii) Supplemental Report of Stephen L. Becker filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 05/07/2020)
2020-05-07
1
ORDER granting in part D.I. (554 in 1:17-cv-01623-LPS-CJB, 422 in 1:17-cv-01616-LPS-CJB) MOTION to Redact April 22, 2020 Report and Recommendation re (419 in 1:17-cv-01616-LPS-CJB, 550 in 1:17-cv-01623-LPS-CJB). Signed by Judge Christopher J. Burke on 5/7/2020. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(dlb) (Entered: 05/07/2020)
2020-05-07
1
REDACTED VERSION of 419 REPORT AND RECOMMENDATIONS re (435 in 1:17-cv-01623-LPS-CJB) MOTION to Preclude the Testimony of Dr. Bradley Reiff filed by Guardant Health, Inc., (291 in 1:17-cv-01616-LPS-CJB) MOTION for Summary Judgment filed by Guardant Health. (dlb) (Entered: 05/07/2020)
2020-05-07
1
[SEALED] REPORT AND RECOMMENDATIONS regarding D.I. (290 in 1:17-cv-01616-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity filed by Foundation Medicine, Inc., (436 in 1:17-cv-01623-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity filed by Personal Genome Diagnostics, Inc., (318 in 1:17-cv-01616-LPS-CJB) MOTION for Leave to File Declaration of Dr. Gary Benson (DI 304) In Support of FMI's Motion for Summary Judgment of Non-Infringement and Supporting Exhibits filed by Foundation Medicine, Inc., (430 in 1:17-cv-01623-LPS-CJB) MOTION for Summary Judgment of No Infringement of All Patents-in-Suit and Invalidity of U.S. Patent No. 9,840,743 filed by Personal Genome Diagnostics, Inc., (291 in 1:17-cv-01616-LPS-CJB) MOTION for Summary Judgment filed by Guardant Health, Inc., (296 in 1:17-cv-01616-LPS-CJB) MOTION for Summary Judgment of Non-Infringement filed by Foundation Medicine, Inc., (497 in 1:17-cv-01623-LPS-CJB) MOTION to Strike New Infringement Theories filed by Personal Genome Diagnostics, Inc., (463 in 1:17-cv-01623-LPS-CJB) MOTION to Strike Personal Genome Diagnostics, Inc.'s Prosecution History Estoppel Arguments filed by Guardant Health, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 5/21/2020. Signed by Judge Christopher J. Burke on 5/7/2020.This order has been emailed to local counsel. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 05/07/2020)
2020-05-07
1
Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding May 7, 2020 Report and Recommendation Objections. (Farnan, Brian) (Entered: 05/12/2020)
2020-05-12
1
[SEALED] MOTION Unopposed Motion to Partially Redact Sealed May 7, 2020 Report and Recommendation re (568 in 1:17-cv-01623-LPS-CJB and 432 in 1:17-cv-1616lLPS-CJB)(Tigan, Jeremy) Modified on 5/13/2020 (dlb). (Entered: 05/12/2020)
2020-05-12
1
ORAL ORDER: Having reviewed the letter outlining the parties' dispute over objections to Judge Burke's May 7, 2020 Report and Recommendation (D.I. 433), IT IS HEREBY ORDERED that (1) each Defendant may file separate objections, not to exceed ten pages and (2) Plaintiff may file objections in both cases, also not to exceed ten pages. ORDERED by Judge Leonard P. Stark on 5/14/20. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB (ntl) (Entered: 05/14/2020)
2020-05-14
1
Order
2020-05-14
1
No Actions
ORDER regarding D.I. (575 in 1:17-cv-01623-LPS-CJB, 434 in 1:17-cv-01616-LPS-CJB) MOTION Unopposed Motion to Partially Redact Sealed May 7, 2020 Report and Recommendation re (568 in 1:17-cv-01623-LPS-CJB) REPORT AND RECOMMENDATIONS re (290 in 1:17-cv-01616-LPS-CJB) Joint MOTION for Summary Judgment of Invalidity filed filed by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. Signed by Judge Christopher J. Burke on 5/15/2020. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 05/15/2020)
2020-05-15
1
REDACTED VERSION of D.I. 432 REPORT AND RECOMMENDATION(mlc) (Entered: 05/15/2020)
2020-05-15
1
[SEALED] OBJECTION to 432 Report and Recommendations by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/21/2020)
2020-05-21
1
[SEALED] OBJECTION to (432 in 1:17-cv-01616-LPS-CJB, 568 in 1:17-cv-01623-LPS-CJB) Report and Recommendations by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Certification)(Farnan, Brian) (Entered: 05/21/2020)
2020-05-21
1
REDACTED VERSION of 438 Objection to Report and Recommendations by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/28/2020)
2020-05-28
1
REDACTED VERSION of (583 in 1:17-cv-01623-LPS-CJB, 439 in 1:17-cv-01616-LPS-CJB) Objection to Report and Recommendations by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Certification)(Farnan, Brian) (Entered: 05/28/2020)
2020-05-28
1
[SEALED] RESPONSE TO OBJECTIONS by Foundation Medicine, Inc. re (583 in 1:17-cv-01623-LPS-CJB, 439 in 1:17-cv-01616-LPS-CJB) Objection to Report and Recommendations . (Tigan, Jeremy) (Entered: 06/04/2020)
2020-06-04
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re 438 Objection to Report and Recommendations . (Farnan, Brian) (Entered: 06/04/2020)
2020-06-04
1
NOTICE OF SERVICE of Supplement to the Rebuttal Expert Report of Michael L. Metzker, Ph.D., Supplemental Expert Report of Stacey Gabriel, Ph.D., and Supplemental Rebuttal Expert Report and Disclosure of Julie L. Davis filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 06/08/2020)
2020-06-08
1
REDACTED VERSION of (442 in 1:17-cv-01616-LPS-CJB, 591 in 1:17-cv-01623-LPS-CJB) Response to Objections by Foundation Medicine, Inc., Personal Genome Diagnostics, Inc.. (Tigan, Jeremy) (Entered: 06/11/2020)
2020-06-11
1
REDACTED VERSION of 443 Response to Objections by Guardant Health, Inc.. (Farnan, Brian) (Entered: 06/12/2020)
2020-06-12
1
ORDER GRANTING D.I. (395 in 1:17-cv-01616-LPS-CJB, 534 in 1:17-cv-01623-LPS-CJB) MOTION to Redact (530 in 1:17-cv-01623-LPS-CJB) Transcript [Unopposed] filed by Personal Genome Diagnostics, Inc.. Signed by Judge Christopher J. Burke on 6/16/2020. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:17-cv-01623-LPS-CJB(mlc) (Entered: 06/16/2020)
2020-06-16
1
Redaction of 390 Transcript Order at per D.I. 447. (dlb) (Entered: 06/17/2020)
2020-06-17
1
[SEALED] MOTION for Leave to File A Renewed Daubert Motion to Exclude the Supplemental Opinions of Stephen L. Becke and Gregory Cooper Regarding Reasonable Royalty Damages - filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A - Sealed Opening Brief, # 2 Exhibit A, part 2, # 3 Exhibit B, # 4 Exhibit C)Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 07/10/2020)
2020-07-10
1
REDACTED VERSION of 449 MOTION for Leave to File A Renewed Daubert Motion to Exclude the Supplemental Opinions of Stephen L. Becke and Gregory Cooper Regarding Reasonable Royalty Damages by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit A (Part 2), # 3 Exhibit B, # 4 Exhibit C)(Tigan, Jeremy) (Entered: 07/20/2020)
2020-07-20
1
RESPONSE to Motion re 449 MOTION for Leave to File A Renewed Daubert Motion to Exclude the Supplemental Opinions of Stephen L. Becke and Gregory Cooper Regarding Reasonable Royalty Damages filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/24/2020)
2020-07-24
1
STIPULATION and [Proposed] Order Regarding Renewed Daubert Motion by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 07/29/2020)
2020-07-29
1
MOTION to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 07/30/2020)
2020-07-30
1
[SEALED] OPENING BRIEF in Support re 453 MOTION to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages filed by Foundation Medicine, Inc..Answering Brief/Response due date per Local Rules is 8/13/2020. (Attachments: # 1 Exhibit 1-5)(Tigan, Jeremy) (Entered: 07/30/2020)
2020-07-30
1
SO ORDERED
2020-07-30
1
No Actions
SO ORDERED D.I. 452 Stipulation Regarding Renewed Daubert Motion filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 7/30/2020. (mlc)
2020-07-30
1
No Actions
REDACTED VERSION of 454 Opening Brief in Support, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-5)(Tigan, Jeremy) (Entered: 07/31/2020)
2020-07-31
1
MOTION for Pro Hac Vice Appearance of Attorney Michael Hendershot - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 08/11/2020)
2020-08-11
1
Motions No Longer Referred
2020-08-11
1
No Actions
Motion No Longer Referred: 453 MOTION to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages (dlb)
2020-08-11
1
No Actions
STIPULATION TO EXTEND TIME (i) for Plaintiff to file its Answering Brief in Opposition to Foundation Medicine, Inc.'s Daubert Motion to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages and (ii) for Defendant to file its Reply Brief to (i) 8/17/2020 and (ii) 8/27/2020 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/12/2020)
2020-08-12
1
SO ORDERED D.I. 456 MOTION for Pro Hac Vice Appearance of Attorney Michael Hendershot filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 8/13/2020. (dlb)
2020-08-13
1
No Actions
SO ORDERED
2020-08-13
1
No Actions
NOTICE to Take Deposition of John Scola on 9/24/2020 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 08/17/2020)
2020-08-17
1
NOTICE to Take Deposition of Jessica Atkinson on 9/4/2020 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 08/17/2020)
2020-08-17
1
NOTICE to Take Deposition of Emily Kuksin on 9/1/2020 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 08/17/2020)
2020-08-17
1
[SEALED] ANSWERING BRIEF in Opposition re 453 MOTION to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 8/24/2020. (Farnan, Brian) (Entered: 08/17/2020)
2020-08-17
1
SO ORDERED
2020-08-17
1
No Actions
Add Attorneys - PHV only
2020-08-17
1
No Actions
Pro Hac Vice Attorney Michael C. Hendershot 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. (myr)
2020-08-17
1
No Actions
SO ORDERED, re 457 STIPULATION TO EXTEND TIME (i) for Plaintiff to file its Answering Brief in Opposition to Foundation Medicine, Inc.'s Daubert Motion to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages and (ii) for Defendant to file its Reply Brief to (i) 8/17/2020 and (ii) 8/27/2020 filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 8/17/20. (ntl)
2020-08-17
1
No Actions
REDACTED VERSION of 461 Answering Brief in Opposition, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/25/2020)
2020-08-25
1
REPLY BRIEF re 453 MOTION to Exclude the Supplemental Opinions of Stephen L. Becker and Gregory Cooper Regarding Reasonable Royalty Damages filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A)(Tigan, Jeremy) (Entered: 08/27/2020)
2020-08-27
1
Letter to The Honorable Leonard P. Stark and The Honorable Christopher J. Burke from Karen Jacobs regarding IPR Final Decision. (Attachments: # 1 Exhibit A-B)(Jacobs, Karen) (Entered: 09/02/2020)
2020-09-02
1
STIPULATION Setting Dr. Helmy Eltoukhy's Court-Ordered Deposition on September 18, 2020 by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 09/08/2020)
2020-09-08
1
SO ORDERED
2020-09-16
1
No Actions
SO ORDERED, re 465 STIPULATION Setting Dr. Helmy Eltoukhy's Court-Ordered Deposition on September 18, 2020 filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 9/16/20. (ntl)
2020-09-16
1
No Actions
STIPULATION to Supplement Expert Reports by Guardant Health, Inc.. (Farnan, Brian) (Entered: 09/17/2020)
2020-09-17
1
MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 09/24/2020)
2020-09-24
1
[SEALED] OPENING BRIEF in Support re 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order filed by Foundation Medicine, Inc..Answering Brief/Response due date per Local Rules is 10/8/2020. (Tigan, Jeremy) (Entered: 09/24/2020)
2020-09-24
1
[SEALED] APPENDIX re 468 Opening Brief in Support, 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-30, # 2 Exhibit 31-45)(Tigan, Jeremy) (Entered: 09/24/2020)
2020-09-24
1
[SEALED] DECLARATION re 468 Opening Brief in Support, 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order, 469 Appendix, [and Expert Report of Sergio D. Kopelev] by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1-4)(Tigan, Jeremy) (Entered: 09/24/2020)
2020-09-24
1
ORAL ORDER: In light of the ongoing coronavirus pandemic and its impact on Court operations, IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than September 30, submit a joint status report including their proposal(s) for how this case should proceed. In particular, the parties shall address (in addition to anything else they wish to address) whether the Court should consider continuing the trial to a date certain, continuing the trial to a date to be determined, proceeding with the trial as scheduled but converting it to a bench trial (and, if so, whether it should be partially or wholly remote), or proceeding with the trial as scheduled as a jury trial (and, if so, what restrictions the Court should consider regarding the number of attorneys and witnesses and others who may be in the courtroom). IT IS FURTHER ORDERED that the Court will hold a status teleconference on October 2 at 2:00 p.m. The parties shall use the following call-in information: 877-336-1829 and access code: 1408971. ORDERED by Judge Leonard P. Stark on 9/25/20. (ntl) (Entered: 09/25/2020)
2020-09-25
1
Order Setting Teleconference
2020-09-25
1
No Actions
SO ORDERED
2020-09-25
1
No Actions
SO ORDERED, re 466 STIPULATION to Supplement Expert Reports filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 9/25/20. (ntl)
2020-09-25
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that 467 MOTION for Sanctions filed by Foundation Medicine, Inc. is no longer referred to Judge Burke. ORDERED by Judge Leonard P. Stark on 9/28/20. (ntl) (Entered: 09/28/2020)
2020-09-28
1
Motion No Longer Referred: 467 MOTION for Sanctions. (ntl)
2020-09-28
1
No Actions
Order
2020-09-28
1
No Actions
Motions No Longer Referred
2020-09-28
1
No Actions
Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Joint Status Report regarding Trial. (Farnan, Brian) (Entered: 09/30/2020)
2020-09-30
1
STIPULATION TO EXTEND TIME for Foundation Medicine to file redacted versions of its Opening Brief, Appendix, and Declaration (D.I. 468, 469, 470) to October 5, 2020 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 10/02/2020)
2020-10-02
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 10/2/2020. (Court Reporter B. Gaffigan.) (ntl)
2020-10-02
1
No Actions
Telephone Conference
2020-10-02
1
No Actions
Official Transcript of Telephone Conference held on October 2, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered and purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/26/2020. Redacted Transcript Deadline set for 11/5/2020. Release of Transcript Restriction set for 1/4/2021. (bpg) (Entered: 10/05/2020)
2020-10-05
1
ORAL ORDER: The Court advises the parties that courtroom space is available for a potential November 30 trial date, as discussed at the teleconference held on October 2, 2020. The parties are ordered to meet and confer and submit a joint status report no later than October 6, 2020, advising the Court of their views as to whether the Court should reschedule trial for November 30, 2020. The parties shall also advise the Court of their views on: (1) foregoing any jury trial right in favor of a bench trial; (2) whether there are any members of the trial team or any party who cannot or should not travel to Delaware and be physically present in the courtroom due to their own health situation or the health situation of those with whom they reside; (3) whether any witnesses cannot or should not travel to Delaware and be physically present in the courtroom for the same reasons; (4) which witnesses the parties propose will appear in person and which will appear by remote video conferencing technology; and (5) whether the court should restrict the number of attorneys and trial team members present in the courtroom. The parties may also submit their views on any other matter on which they wish to advise the Court. ORDERED by Judge Leonard P. Stark on 10/5/20. (ntl) (Entered: 10/05/2020)
2020-10-05
1
REDACTED VERSION of 468 Opening Brief in Support, by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 10/05/2020)
2020-10-05
1
REDACTED VERSION of 469 Appendix, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-30, # 2 Exhibits 31-45)(Tigan, Jeremy) (Entered: 10/05/2020)
2020-10-05
1
REDACTED VERSION of 469 Appendix, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-30, # 2 Exhibits 31-45)(Tigan, Jeremy) (Entered: 10/05/2020)
2020-10-05
2
REDACTED VERSION of 469 Appendix, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-30, # 2 Exhibits 31-45)(Tigan, Jeremy) (Entered: 10/05/2020)
2020-10-05
2
REDACTED VERSION of 470 Declaration, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 10/05/2020)
2020-10-05
1
REDACTED VERSION of 470 Declaration, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 10/05/2020)
2020-10-05
2
Order
2020-10-05
1
No Actions
[SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Joint Status Report regarding November 30, 2020 Trial Date - re 476 Order,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 10/06/2020)
2020-10-06
1
SO ORDERED, re 474 STIPULATION TO EXTEND TIME for Foundation Medicine to file redacted versions of its Opening Brief, Appendix, and Declaration (D.I. 468, 469, 470) to October 5, 2020 filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 10/5/20. (ntl)
2020-10-07
1
No Actions
SO ORDERED
2020-10-07
1
No Actions
STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motion for Sanctions Based on Spoliation of Evidence to 10/15/2020 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/08/2020)
2020-10-08
1
MEMORANDUM ORDER re summary judgment motions (D.I. 290, 291, 296, 297) and Reports and Recommendations (D.I. 386, 419, 432). The pretrial conference and jury trial are CONTINUED and RESCHEDULED to dates to be determined. Signed by Judge Leonard P. Stark on 10/9/20. (ntl) (Main Document 482 replaced on 10/23/2020) (ntl).
2020-10-09
1
SO ORDERED
2020-10-09
1
No Actions
SO ORDERED, re 481 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motion for Sanctions Based on Spoliation of Evidence to 10/15/2020 filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 10/9/20. (ntl)
2020-10-09
1
No Actions
REDACTED VERSION of 480 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B)(Farnan, Brian) (Entered: 10/13/2020)
2020-10-13
1
REDACTED VERSION of 480 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B)(Farnan, Brian) (Entered: 10/13/2020)
2020-10-13
2
[SEALED] ANSWERING BRIEF in Opposition re 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 10/22/2020. (Farnan, Brian) (Main Document 484 replaced on 10/21/2020) (ntl). (Entered: 10/15/2020)
2020-10-15
1
[SEALED] DECLARATION re 484 Answering Brief in Opposition of Justin Constant by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32)(Farnan, Brian) (Entered: 10/15/2020)
2020-10-15
1
[SEALED] DECLARATION re 484 Answering Brief in Opposition of Britton Moore by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/15/2020)
2020-10-15
1
MEMORANDUM ORDER: Proposed Pretrial Order due by 11/6/2020. A Final Pretrial Conference is set for 11/13/2020 at 2:00 PM via videoconference. A Jury Trial is set for 11/30/2020 at 9:00 AM in Courtroom 6B. Signed by Judge Leonard P. Stark on 10/16/20. (ntl)
2020-10-16
1
OBJECTIONS by Foundation Medicine, Inc. to 487 Memorandum and Order,, Set Deadlines/Hearings, . (Jacobs, Karen) (Entered: 10/19/2020)
2020-10-19
1
Joint PROPOSED ORDER Scheduling Order by Foundation Medicine, Inc.. (Jacobs, Karen) (Entered: 10/19/2020)
2020-10-19
1
- CORRECTING ENTRY
2020-10-21
1
No Actions
CORRECTING ENTRY: Corrected brief added to D.I. 484 per request of counsel. (ntl)
2020-10-21
1
No Actions
STIPULATION TO EXTEND TIME for Defendant Foundation Medicine, Inc. to file its reply brief in support of its Motion for Sanctions Based on Spoliation of Evidence (D.I. 467) to October 23, 2020 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 10/22/2020)
2020-10-22
1
REDACTED VERSION of 484 Answering Brief in Opposition, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/23/2020)
2020-10-23
1
REDACTED VERSION of 485 Declaration,, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-32)(Farnan, Brian) (Entered: 10/23/2020)
2020-10-23
1
REDACTED VERSION of 486 Declaration by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/23/2020)
2020-10-23
1
ORAL ORDER: IT IS HEREBY ORDERED that Plaintiff shall respond to Defendant's objections (D.I. 488) on or before October 27, 2020. Defendant may file a reply on October 28, 2020. IT IS FURTHER ORDERED that a teleconference is scheduled for October 29, 2020, at 3:30 p.m. The parties shall be prepared to discuss trial mechanics and to present argument on the pending Daubert (D.I. 453) and spoliation (D.I. 467) motions. The parties and any member of the public may access the teleconference using the following call-in information: 877-336-1829 and access code: 1408971. ORDERED by Judge Leonard P. Stark on 10/23/20. (ntl) (Entered: 10/23/2020)
2020-10-23
1
[SEALED] REPLY BRIEF re 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 10/23/2020)
2020-10-23
1
[SEALED] Second APPENDIX re 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order, 495 Reply Brief by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 46-61)(Tigan, Jeremy) (Entered: 10/23/2020)
2020-10-23
1
NOTICE of Lodging of Appendix Exhibits 56-61 to the Declaration of Jeremy Tigan in Support of Foundation Medicine's Motion for Sanctions Based on Spoliation of Evidence by Foundation Medicine, Inc. re 496 Appendix (Tigan, Jeremy) (Entered: 10/23/2020)
2020-10-23
1
CORRECTING ENTRY: Corrected Order added to D.I. 482 (correcting typos). (ntl)
2020-10-23
1
No Actions
Order Setting Teleconference
2020-10-23
1
No Actions
- CORRECTING ENTRY
2020-10-23
1
No Actions
SO ORDERED
2020-10-26
1
No Actions
SO ORDERED, re 490 STIPULATION TO EXTEND TIME for Defendant Foundation Medicine, Inc. to file its reply brief in support of its Motion for Sanctions Based on Spoliation of Evidence (D.I. 467) to October 23, 2020 filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 10/23/20. (ntl)
2020-10-26
1
No Actions
SO ORDERED, re 489 Joint Scheduling Order filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 10/23/20. (ntl)
2020-10-26
1
No Actions
RESPONSE TO OBJECTIONS by Guardant Health, Inc. re 488 Objections . (Farnan, Michael) (Entered: 10/27/2020)
2020-10-27
1
REPLY BRIEF in Support of Its Objections to the October 16, 2020 Order Scheduling Trial Beginning November 30 filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 10/28/2020)
2020-10-28
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 10/29/2020. (Court Reporter B. Gaffigan.) (ntl)
2020-10-29
1
No Actions
ORAL ORDER: Having heard argument from the parties on October 29 on the pending Daubert (D.I. 453) and sanctions (D.I. 467) motions, IT IS HEREBY ORDERED that the parties shall submit a joint status report no later than 6:00 p.m. on Sunday, November 1, consistent with the guidance provided by the Court on the teleconference. IT IS FURTHER ORDERED that the Court will hold a status teleconference at 2:00 p.m. on Monday, November 2. The parties shall use the following call-in information: 877-336-1829 and access code 1408971. IT IS FURTHER ORDERED that the pretrial conference scheduled for November 13 is RESCHEDULED to begin that same day at 3:00 p.m. ORDERED by Judge Leonard P. Stark on 10/30/20. (ntl) (Entered: 10/30/2020)
2020-10-30
1
NOTICE requesting Clerk to remove Xing-Yin Ni as co-counsel. Reason for request: No longer with the law firm.. (Tigan, Jeremy) (Entered: 10/30/2020)
2020-10-30
1
Telephone Conference
2020-10-30
1
No Actions
~Util - Set Hearings AND Order
2020-10-30
1
No Actions
[SEALED] Joint STATUS REPORT by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Farnan, Brian) (Entered: 11/01/2020)
2020-11-01
1
Official Transcript of Telephone Conference held on October 29, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 2/1/2021.(bpg) (Entered: 11/02/2020)
2020-11-02
1
ORAL ORDER: For the reasons given at the teleconference held on November 2, 2020, IT IS HEREBY ORDERED THAT the jury trial scheduled for November 30, 2020 is CONTINUED to a date to be determined. Consistent with the Court's instructions on the teleconference, IT IS FURTHER ORDERED that the parties are to meet and confer and submit a joint status report no later than Thursday, November 5, 2020, not to exceed two pages in length per party. ORDERED by Judge Leonard P. Stark on 11/2/20. (ntl) (Entered: 11/02/2020)
2020-11-02
1
Official Transcript of Telephone Conference held on November 2, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 2/1/2021. (bpg) (Entered: 11/02/2020)
2020-11-02
1
Telephone Conference
2020-11-02
1
No Actions
1 - Terminate Deadlines and Hearings AND Order
2020-11-02
1
No Actions
Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 11/2/2020. (Court Reporter B. Gaffigan.) (ntl)
2020-11-02
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the pretrial conference is CANCELLED and the deadline to submit the pretrial order is VACATED. ORDERED by Judge Leonard P. Stark on 11/3/20. (ntl) (Entered: 11/03/2020)
2020-11-03
1
1 - Terminate Deadlines and Hearings AND Order
2020-11-03
1
No Actions
[SEALED] Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 11/05/2020)
2020-11-05
1
REDACTED VERSION of 495 Reply Brief by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/09/2020)
2020-11-09
1
REDACTED VERSION of 496 Appendix by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/09/2020)
2020-11-09
1
REDACTED VERSION of 502 Status Report by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B and 1-4)(Farnan, Brian) (Entered: 11/09/2020)
2020-11-09
1
REDACTED VERSION of 502 Status Report by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B and 1-4)(Farnan, Brian) (Entered: 11/09/2020)
2020-11-09
2
MOTION for Pro Hac Vice Appearance of Attorney Matthew Wolf - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 11/10/2020)
2020-11-10
1
REDACTED VERSION of 507 Status Report by Guardant Health, Inc.. (Farnan, Brian) (Entered: 11/12/2020)
2020-11-12
1
SO ORDERED
2020-11-13
1
No Actions
SO ORDERED D.I. 511 MOTION for Pro Hac Vice Appearance of Attorney Matthew Wolf filed by Foundation Medicine, Inc. Ordered by Judge Christopher J. Burke on 11/13/2020. (dlb)
2020-11-13
1
No Actions
MEMORANDUM ORDER re the jury trial is continued to a date to be determined; the parties shall submit a proposed form of order by November 19 regarding the spoliation issues; FMI's Daubert motion 300 is DENIED. Signed by Judge Leonard P. Stark on 11/17/20. (ntl)
2020-11-17
1
STIPULATION TO EXTEND TIME for the parties to submit their proposal regarding spoliation issues to November 23, 2020 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/18/2020)
2020-11-18
1
SO ORDERED
2020-11-19
1
No Actions
SO ORDERED, re 514 STIPULATION TO EXTEND TIME for the parties to submit their proposal regarding spoliation issues to November 23, 2020 filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 11/19/20. (ntl)
2020-11-19
1
No Actions
STIPULATION TO EXTEND TIME to submit a proposed order regarding the spoliation-related discovery, a remote evidentiary hearing, and post-hearing briefing to November 24, 2020 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/23/2020)
2020-11-23
1
PROPOSED ORDER Proposed Spoliation Schedule by Guardant Health, Inc.. (Farnan, Brian) (Entered: 11/24/2020)
2020-11-24
1
SO ORDERED
2020-12-10
1
No Actions
SO ORDERED, re 515 STIPULATION TO EXTEND TIME to submit a proposed order regarding the spoliation-related discovery, a remote evidentiary hearing, and post-hearing briefing to November 24, 2020 filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 12/10/20. (ntl)
2020-12-10
1
No Actions
MEMORANDUM ORDER re Schedule for 467 MOTION for Sanctions Based on Spoliation Evidence filed by Foundation Medicine, Inc. An Evidentiary Hearing is set for 5/13/2021 at 9:00 AM (3 hours per side). Signed by Judge Leonard P. Stark on 12/17/20. (ntl)
2020-12-17
1
NOTICE of Compliance with Court's December 17, 2020 Memorandum Order by Guardant Health, Inc. (Farnan, Brian) (Entered: 01/12/2021)
2021-01-12
1
- CORRECTING ENTRY
2021-01-20
1
No Actions
CORRECTING ENTRY: DI 519 previously filed in incorrect case. (apk)
2021-01-20
1
No Actions
NOTICE OF SERVICE of Foundation Medicine, Inc.'s First Set of Interrogatories to Guardant Health, Inc. Regarding Motion for Sanctions Based on Spoliation of Evidence (D.I. 467) filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 01/22/2021)
2021-01-22
1
NOTICE OF SERVICE of Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc.'s First Set of Interrogatories to Guardant Health, Inc. Regarding Motion for Sanctions Based on Spoliation of Evidence (D.I. 467) (Nos. 1-5) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 02/08/2021)
2021-02-08
1
NOTICE OF SERVICE of Foundation Medicine, Inc.'s Notice of 30(b)(6) Deposition filed by Foundation Medicine, Inc..(Tigan, Jeremy) (Entered: 02/16/2021)
2021-02-16
1
NOTICE OF SERVICE of Plaintiff Guardant Health, Inc.'s Responses and Objections to Foundation Medicine, Inc's February 16, 2021 Deposition Notice filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/02/2021)
2021-03-02
1
NOTICE OF SERVICE of Rebuttal Expert Report of Britton Moore filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/07/2021)
2021-04-07
1
Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Request for the Scheduling of a Discovery Teleconference. (Tigan, Jeremy) (Entered: 04/08/2021)
2021-04-08
1
ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for April 20, 2021 at 4:15 p.m. The parties and any interested members of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than April 14, 2021 at 6:00 p.m., any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than April 16, 2021 at 1:00 p.m., any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 4/12/2021. (ntl) (Entered: 04/12/2021)
2021-04-12
1
Order Setting Teleconference
2021-04-12
1
No Actions
[SEALED] Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan regarding Discovery Dispute - re 525 Order Setting Teleconference,,,,. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 04/14/2021)
2021-04-14
1
Joint Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Request for Discovery Teleconference. (Tigan, Jeremy) (Entered: 04/16/2021)
2021-04-16
1
Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to Defendant's April 14, 2021 Letter - re 526 Letter. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 04/16/2021)
2021-04-16
1
[SEALED] MOTION for Leave to File Amended Answer and Counterclaims - filed by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 04/16/2021)
2021-04-16
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Motion for Leave to File Amended Answer and Counterclaims - re 529 MOTION for Leave to File Amended Answer and Counterclaims. (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 04/16/2021)
2021-04-16
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' April 16, 2021 letter regarding one discovery dispute. (D.I. 527) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute. To that end: (1) A discovery dispute teleconference is set for 5/10/2021 at 2:00 PM before Judge Christopher J. Burke.; (2) By no later than April 23, 2021, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than April 30, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that partys reasons for its opposition.; (4) The parties should also consult Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (6) By no later than May 6, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (7) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 4/19/2021. (dlb) (Entered: 04/19/2021)
2021-04-19
1
Order Setting Teleconference
2021-04-19
1
No Actions
ORAL ORDER: Having reviewed movant FMI's letter in support of a motion to compel production of "any and all litigation hold notices issued to Guardant's CEO" (D.I. 526 at 1), non-moving party Guardant's letter in opposition (D.I. 528), and the exhibits attached to each, IT IS HEREBY ORDERED that FMI's request is DENIED. FMI's request seeks privileged material which it has not shown is necessary to resolution of the spoliation sanctions inquiry or even to the Court's ability to assess the credibility of the CEO, particularly given all that Guardant has already revealed and conceded with respect to the litigation holds. Additionally, FMI's request is untimely, considering the overall circumstances, and beyond the limits set by the Court for spoliation-related discovery. IT IS FURTHER ORDERED that the teleconference scheduled for today is CANCELLED. ORDERED by Judge Leonard P. Stark on 4/20/21. (ntl) (Entered: 04/20/2021)
2021-04-20
1
Order Cancelling Deadline
2021-04-20
1
No Actions
STIPULATION TO EXTEND TIME for Plaintiff to respond to Foundation Medicine, Inc.'s Motions for Leave to File Amended Answer and Counterclaims to 5/7/2021 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 04/21/2021)
2021-04-21
1
[SEALED] Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding Discovery Dispute - re 531 Order Setting Teleconference,,,,,,. (Attachments: # 1 Exhibit 1-4)(Tigan, Jeremy) (Entered: 04/23/2021)
2021-04-23
1
SO ORDERED, re (58 in 1:20-cv-01580-LPS, 533 in 1:17-cv-01616-LPS-CJB) STIPULATION TO EXTEND TIME for Plaintiff to respond to Foundation Medicine, Inc.'s Motions for Leave to File Amended Answer and Counterclaims to 5/7/2021 filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 4/22/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl)
2021-04-23
1
No Actions
SO ORDERED
2021-04-23
1
No Actions
ORAL ORDER: Having reviewed the joint status report filed in C.A. No. 20-1580 (D.I. 62), and recognizing that the parties are also litigating C.A. No. 17-1616 and address matters relating to that action in the status report, IT IS HEREBY ORDERED that: (1) the May 13 spoliation evidentiary hearing in 17-1616 and May 14 preliminary injunction hearing in 20-1580 will be held in-person in Delaware, as jointly requested by the parties; (2) the Court would prefer to hear from the forensic experts by live testimony rather than relying solely on expert reports and deposition testimony; (3) each side will be allocated up to 3.5 hours for its presentation at the spoliation hearing, to be used however it wishes; (4) any witness who will testify at the hearing will be sequestered during opening statements; (5) Guardant will be permitted to examine Dr. Eltoukhy first, on direct examination, before FMI will be permitted to call him as an adverse witnesses - this order of presentation will be more helpful to the Court than the alternative presented by FMI, even recognizing that FMI is the moving party and bears the burden of proof; and (6) each side will be allocated up to 3 hours for its presentation at the preliminary injunction hearing and, as requested jointly by the parties, the Court will hear from the parties on an issue-by-issue basis (similar to at a claim construction hearing). IT IS FURTHER ORDERED that the teleconference scheduled for later today is CANCELLED. ORDERED by Judge Leonard P. Stark on 4/27/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) Modified on 4/27/2021 (ntl). (Entered: 04/27/2021)
2021-04-27
1
REDACTED VERSION of 526 Letter by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 04/27/2021)
2021-04-27
1
Order Cancelling Deadline
2021-04-27
1
No Actions
[SEALED] STATEMENT re 467 MOTION for Sanctions Based on Spoliation of Evidence and [Proposed] Order -- Pre-Hearing Statement by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A to Pre-Hearing Statement, # 2 Exhibit 1-7 to Pre-Hearing Statement, # 3 Appendix A - Kopelev, # 4 Exhibit 1-30 - Kopelev)(Tigan, Jeremy) (Entered: 04/30/2021)
2021-04-30
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's April 23, 2021 Letter - re 534 Letter. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 04/30/2021)
2021-04-30
1
MOTION for Pro Hac Vice Appearance of Attorney David I. Gindler - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/04/2021)
2021-05-04
1
SO ORDERED, re (65 in 1:20-cv-01580-LPS, 539 in 1:17-cv-01616-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney David I. Gindler filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 5/4/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl)
2021-05-04
1
No Actions
SO ORDERED
2021-05-04
1
No Actions
REDACTED VERSION of 529 MOTION for Leave to File Amended Answer and Counterclaims by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tigan, Jeremy) (Entered: 05/05/2021)
2021-05-05
1
REDACTED VERSION of 529 MOTION for Leave to File Amended Answer and Counterclaims by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tigan, Jeremy) (Entered: 05/05/2021)
2021-05-05
2
REDACTED VERSION of 529 MOTION for Leave to File Amended Answer and Counterclaims by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tigan, Jeremy) (Entered: 05/05/2021)
2021-05-05
2
REDACTED VERSION of 530 Letter, by Foundation Medicine, Inc.. (Attachments: # 1 Exhibit 1)(Tigan, Jeremy) (Entered: 05/05/2021)
2021-05-05
1
REDACTED VERSION of 534 Letter by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 05/05/2021)
2021-05-05
1
REDACTED VERSION of 534 Letter by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-4)(Tigan, Jeremy) (Entered: 05/05/2021)
2021-05-05
2
MOTION for Pro Hac Vice Appearance of Attorney Y. John Lu - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/05/2021)
2021-05-05
1
Joint MOTION for Hearing (Teleconference to Resolve Discovery Dispute) - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 05/06/2021)
2021-05-06
1
STIPULATION TO EXTEND TIME of post-hearing briefing deadlines related to Defendant Foundation Medicine Inc.'s spoliation motion to various dates - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/06/2021)
2021-05-06
1
SO ORDERED D.I. 543 MOTION for Pro Hac Vice Appearance of Attorney Y. John Lu filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 5/6/2021. (dlb)
2021-05-06
1
No Actions
Pro Hac Vice Attorney David I. Gindler 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. Associated Cases: 1:20-cv-01580-LPS, 1:17-cv-01616-LPS-CJB.(kmd)
2021-05-06
1
No Actions
SO ORDERED
2021-05-06
1
No Actions
Add Attorneys - PHV only
2021-05-06
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the proposed stipulation to extend the post-hearing briefing schedule (D.I. 545) is DENIED WITHOUT PREJUDICE to renew at the conclusion of the forthcoming hearing. If renewed, the parties should be prepared to explain why the additional time is required. ORDERED by Judge Leonard P. Stark on 5/7/21. (ntl) (Entered: 05/07/2021)
2021-05-07
1
STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff to respond to Foundation Medicine, Inc.'s Motions for Leave to File Amended Answer and Counterclaims and (ii) for Defendant to submit its Reply Briefs to (i) 5/17/2021and (ii) 5/27/2021 - filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/07/2021)
2021-05-07
1
[SEALED] STATEMENT Guardant Health, Inc.'s Pre-Hearing Statement regarding FMI's Motion for Sanctions Based on Spoliation (D.I. 467) by Guardant Health, Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Farnan, Michael) (Entered: 05/07/2021)
2021-05-07
1
SO ORDERED D.I. (71 in 1:20-cv-01580-LPS, 547 in 1:17-cv-01616-LPS-CJB) STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff to respond to Foundation Medicine, Inc.'s Motions for Leave to File Amended Answer and Counterclaims and (ii) for Defendant to submit its Reply Briefs. Ordered by Judge Christopher J. Burke on 5/7/2021. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS(dlb)
2021-05-07
1
No Actions
SO ORDERED AND ~Util - Set Briefing Schedule - open,ans,reply,surreply
2021-05-07
1
No Actions
~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED
2021-05-07
1
No Actions
Order
2021-05-07
1
No Actions
[SEALED] MOTION to Strike - filed by Foundation Medicine, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 05/10/2021)
2021-05-10
1
[SEALED] Letter to The Honorable Leonard P. Stark from Jeremy A. Tigan - re 549 MOTION to Strike . (Attachments: # 1 Exhibits 1-5)(Tigan, Jeremy) (Entered: 05/10/2021)
2021-05-10
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 5/10/2021. The Court heard argument from the parties regarding Defendant's discovery dispute motion, (D.I. 544 ). The Court granted the motion, finding good cause for the submission of the proposed supplemental report, in that Defendant acted diligently and the other factors addressed in British Telecomm. PLC v. IAC/InterActiveCorp., Civil Action No. 18-366-WCB, 2020 WL 3047989, at *2 (D. Del. June 8, 2020) militated in favor of the motion. The Court ordered the parties to meet and confer regarding supplemental discovery. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: M. Farnan, J. Constant for Plaintiff; J. Tigan, K. Jacobs, E. Marandett, M. Edgarton and C. Lau for Defendant. (mlc)
2021-05-10
1
No Actions
Discovery Conference
2021-05-10
1
No Actions
ORAL ORDER: Having reviewed FMI's Motion to Strike (D.I. 549) and accompanying letter brief (D.I. 550), IT IS HEREBY ORDERED that Guardant shall submit an answering letter brief, not to exceed three (3) pages, no later than May 12, 2021. The parties shall be prepared to discuss the pending motion at the hearing on May 13, 2021, which is scheduled to begin at 9:00 a.m. in Courtroom 6B. ORDERED by Judge Leonard P. Stark on 5/11/21. (ntl) (Entered: 05/11/2021)
2021-05-11
1
Motion No Longer Referred: 549 MOTION to Strike > The automated referral in the CM/ECF system has been removed. (dlb)
2021-05-11
1
No Actions
Order
2021-05-11
1
No Actions
Motions No Longer Referred
2021-05-11
1
No Actions
[SEALED] Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Response to Motion to Strike - re 549 MOTION to Strike . (Farnan, Brian) (Entered: 05/12/2021)
2021-05-12
1
ORAL ORDER: As discussed in Court today, IT IS HEREBY ORDERED that, pursuant to the parties' agreement, the following motions are WITHDRAWN and, accordingly, DENIED AS MOOT: Motion for Leave to File Amended Answer and Counterclaim (C.A. No. 20-1580 D.I. 51); Motion for Preliminary Injunction (C.A. No. 20-1580 D.I. 7); Motion for Sanctions (C.A. No. 17-1616 D.I. 467); Motion for Leave to File Amended Answer and Counterclaim (C.A. No. 17-1616 D.I. 529); and Motion to Strike (C.A. No. 17-1616 D.I. 549). IT IS FURTHER ORDERED that the parties shall submit a joint status report no later than May 28, if these cases have not been dismissed prior to that date. ORDERED by Judge Leonard P. Stark on 5/13/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 05/13/2021)
2021-05-13
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Hearing held on 5/13/2021. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl)
2021-05-13
1
No Actions
Order AND Order Cancelling Deadline
2021-05-13
1
No Actions
Status Conference
2021-05-13
1
No Actions
Order Cancelling Deadline AND Order
2021-05-13
1
No Actions
REDACTED VERSION of 549 MOTION to Strike by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
1
REDACTED VERSION of 550 Letter by Foundation Medicine, Inc.. (Attachments: # 1 Exhibits 1-5)(Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
1
REDACTED VERSION of 537 Statement, by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A to Pre-Hearing Statement, # 2 Exs. 1-7 to Pre-Hearing Statement, # 3 Appendix A- Kopelev, # 4 Exhibits 1-30- Kopelev)(Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
1
REDACTED VERSION of 537 Statement, by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A to Pre-Hearing Statement, # 2 Exs. 1-7 to Pre-Hearing Statement, # 3 Appendix A- Kopelev, # 4 Exhibits 1-30- Kopelev)(Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
2
REDACTED VERSION of 537 Statement, by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A to Pre-Hearing Statement, # 2 Exs. 1-7 to Pre-Hearing Statement, # 3 Appendix A- Kopelev, # 4 Exhibits 1-30- Kopelev)(Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
2
REDACTED VERSION of 537 Statement, by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A to Pre-Hearing Statement, # 2 Exs. 1-7 to Pre-Hearing Statement, # 3 Appendix A- Kopelev, # 4 Exhibits 1-30- Kopelev)(Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
2
REDACTED VERSION of 537 Statement, by Foundation Medicine, Inc.. (Attachments: # 1 Appendix A to Pre-Hearing Statement, # 2 Exs. 1-7 to Pre-Hearing Statement, # 3 Appendix A- Kopelev, # 4 Exhibits 1-30- Kopelev)(Tigan, Jeremy) (Entered: 05/18/2021)
2021-05-18
2
REDACTED VERSION of 548 Statement, by Guardant Health, Inc.. (Attachments: # 1 Appendix A, Exhibits 1-6)(Farnan, Brian) (Entered: 05/18/2021)
2021-05-18
1
REDACTED VERSION of 548 Statement, by Guardant Health, Inc.. (Attachments: # 1 Appendix A, Exhibits 1-6)(Farnan, Brian) (Entered: 05/18/2021)
2021-05-18
2
REDACTED VERSION of 538 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 05/24/2021)
2021-05-24
1
REDACTED VERSION of 552 Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/24/2021)
2021-05-24
1
Joint STATUS REPORT by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 05/28/2021)
2021-05-28
1
Official Transcript of In-Court Hearing held on May 13, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/22/2021. Redacted Transcript Deadline set for 7/2/2021. Release of Transcript Restriction set for 8/30/2021. (bpg) (Entered: 06/01/2021)
2021-06-01
1
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report is due by June 18, 2021. ORDERED by Judge Leonard P. Stark on 6/4/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 06/04/2021)
2021-06-04
1
Order
2021-06-04
1
No Actions
Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 06/18/2021)
2021-06-18
1
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report or dismissal papers is due by July 16, 2021. ORDERED by Judge Leonard P. Stark on 6/21/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 06/21/2021)
2021-06-21
1
Order
2021-06-21
1
No Actions
Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/16/2021)
2021-07-16
1
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report is due by August 13, 2021. ORDERED by Judge Leonard P. Stark on 7/23/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 07/23/2021)
2021-07-23
1
Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/13/2021)
2021-08-13
1
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report or dismissal papers is due by August 31, 2021. ORDERED by Judge Leonard P. Stark on 8/17/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 08/17/2021)
2021-08-17
1
Order
2021-08-17
1
No Actions
Joint STATUS REPORT by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 08/31/2021)
2021-08-31
1
ORAL ORDER: IT IS HEREBY ORDERED that a Status Telephone Conference is set for 9/15/2021 at 4:00 PM. Plaintiff's counsel shall initiate the teleconference call to 302-573-4571. A joint status report is due on 9/14/21. ORDERED by Judge Leonard P. Stark on 9/1/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 09/01/2021)
2021-09-01
1
Order Setting Teleconference
2021-09-01
1
No Actions
Joint STATUS REPORT by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 09/14/2021)
2021-09-14
1
ORAL ORDER: Having reviewed the parties' joint status report of September 14, IT IS HEREBY ORDERED that: (i) another joint status report is due on September 27; (ii) unless the cases have by then been closed, the Court will hold a status teleconference on September 28 at 5:00 p.m. (Plaintiffs' counsel shall make arrangements for the call); and (iii) the teleconference scheduled for today is CANCELLED. ORDERED by Judge Leonard P. Stark on 9/15/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 09/15/2021)
2021-09-15
1
Order Setting Teleconference AND Order Cancelling Deadline
2021-09-15
1
No Actions
Order Cancelling Deadline AND Order Setting Teleconference
2021-09-15
1
No Actions
Joint STATUS REPORT by Foundation Medicine, Inc.. (Jacobs, Karen) (Entered: 09/27/2021)
2021-09-27
1
ORAL ORDER: Having reviewed the parties' joint status report of September 27, IT IS HEREBY ORDERED that: (i) another joint status report is due on October 19, 2021; and (ii) the teleconference scheduled for today is CANCELLED. ORDERED by Judge Leonard P. Stark on 9/28/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 09/28/2021)
2021-09-28
1
Order Cancelling Deadline
2021-09-28
1
No Actions
Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 10/19/2021)
2021-10-19
1
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report is due by November 22, 2021. ORDERED by Judge Leonard P. Stark on 10/26/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl) (Entered: 10/26/2021)
2021-10-26
1
Order
2021-10-26
1
No Actions
STIPULATION TO EXTEND TIME for the parties to file a joint status report to November 29, 2021 - filed by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/22/2021)
2021-11-22
1
Joint STATUS REPORT by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 11/29/2021)
2021-11-29
1
SO ORDERED, re (92 in 1:20-cv-01580-LPS, 577 in 1:17-cv-01616-LPS-CJB) STIPULATION TO EXTEND TIME for the parties to file a joint status report to November 29, 2021 filed by Foundation Medicine, Inc. Signed by Judge Leonard P. Stark on 11/29/21. Associated Cases: 1:17-cv-01616-LPS-CJB, 1:20-cv-01580-LPS (ntl)
2021-11-29
1
No Actions
SO ORDERED
2021-11-29
1
No Actions
[SEALED] MOTION to Enforce Settlement - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 12/23/2021)
2021-12-23
1
[SEALED] DECLARATION re (94 in 1:20-cv-01580-LPS, 579 in 1:17-cv-01616-LPS-CJB) MOTION to Enforce Settlement by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Farnan, Brian) (Entered: 12/23/2021)
2021-12-23
1
REDACTED VERSION of (94 in 1:20-cv-01580-LPS, 579 in 1:17-cv-01616-LPS-CJB) MOTION to Enforce Settlement by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/04/2022)
2022-01-04
1
REDACTED VERSION of (580 in 1:17-cv-01616-LPS-CJB, 95 in 1:20-cv-01580-LPS) Declaration, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-6)(Farnan, Brian) (Entered: 01/04/2022)
2022-01-04
1
STIPULATION of Dismissal by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/05/2022)
2022-01-05
1
Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 01/06/2022)
2022-01-06
1
SO ORDERED, re 583 Stipulation of Dismissal filed by Guardant Health, Inc., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 1/6/22. (ntl)
2022-01-06
1
No Actions
~Util - Terminate Civil Case AND SO ORDERED
2022-01-06
1
No Actions