Guardant Health, Inc. v. Personal Genome Diagnostics, Inc.
1:17-cv-01623
Overview
Case Number
1:17-cv-01623
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 - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
1
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
COMPLAINT - filed with Jury Demand against Personal Genome Diagnostics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2264016.) - 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 Civil Cover Sheet)(rwc) (Entered: 11/13/2017)
2017-11-09
2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (rwc) (Entered: 11/13/2017)
2017-11-09
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,598,731 B2. (rwc) (Entered: 11/13/2017)
2017-11-09
1
Summons Issued with Magistrate Consent Notice attached as to Personal Genome Diagnostics, Inc. on 11/13/2017. 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. (rwc)
2017-11-13
1
No Actions
Summons Issued
2017-11-13
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
Case Assigned/Reassigned
2017-11-15
1
No Actions
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. § 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
SO ORDERED D.I. 5 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
SO ORDERED
2017-11-27
1
No Actions
SUMMONS Returned Executed by Guardant Health, Inc.. Personal Genome Diagnostics, Inc. served on 11/28/2017, answer due 12/19/2017. (Farnan, Michael) (Entered: 11/28/2017)
2017-11-28
1
MOTION for Extension of Time to File Answer move or otherwise respond - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Taylor, James) (Entered: 12/15/2017)
2017-12-15
1
SO ORDERED D.I. 7 MOTION for Extension of Time to File Answer move or otherwise respond filed by Personal Genome Diagnostics, Inc.. Ordered by Judge Christopher J. Burke on 12/19/2017. (mlc)
2017-12-19
1
No Actions
SO ORDERED
2017-12-19
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
MOTION to Dismiss for Failure to State a Claim - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Clodomir, Gerard) (Entered: 01/22/2018)
2018-01-22
1
OPENING BRIEF in Support re 8 MOTION to Dismiss for Failure to State a Claim filed by Personal Genome Diagnostics, Inc..Answering Brief/Response due date per Local Rules is 2/5/2018. (Clodomir, Gerard) (Entered: 01/22/2018)
2018-01-22
1
First AMENDED COMPLAINT against Personal Genome Diagnostics, 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)(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
RESPONSE to Motion re 8 MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc.. (Farnan, Michael) (Entered: 02/05/2018)
2018-02-05
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 a 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 2/7/2018. (dlb)
2018-02-07
1
No Actions
Oral Order
2018-02-07
1
No Actions
STIPULATION TO EXTEND TIME Defendant to move, answer or respond to Plaintiff's First Amended Complaint to March 21, 2018 - filed by Personal Genome Diagnostics, Inc.. (Taylor, James) (Entered: 02/15/2018)
2018-02-15
1
SO ORDERED D.I. 13 STIPULATION TO EXTEND TIME Defendant to move, answer or respond to Plaintiff's First Amended Complaint to March 21, 2018 filed by Personal Genome Diagnostics, Inc.. Ordered by Judge Christopher J. Burke on 2/15/2018. (mlc)
2018-02-15
1
No Actions
SO ORDERED
2018-02-15
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Jessica Lu and Wayne Dennison - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certification, # 2 Certificatoin)Motions referred to Christopher J. Burke.(Taylor, James) (Entered: 02/26/2018)
2018-02-26
1
NOTICE OF SERVICE of (i) Guardant Health, Inc.'s First Set of Interrogatories to Defendant (Nos. 1-5) and (ii) Guardant Health, Inc.'s First Set of Requests for Production of Documents and Things to Defendant (Nos. 1-62) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/08/2018)
2018-03-08
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Scheduling Materials. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(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
Letter to The Honorable Christopher J. Burke from James D. Taylor regarding Scheduling of Case Management/Scheduling Conference - re 17 Letter. (Taylor, James) (Entered: 03/12/2018)
2018-03-12
1
Order Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 3/26/2018 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 3/12/2018. (dlb)
2018-03-12
1
No Actions
Order Setting Scheduling Conference
2018-03-12
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
Order Setting Scheduling Conference
2018-03-13
1
No Actions
SO ORDERED D.I. 14 MOTION for Pro Hac Vice Appearance of Attorney Jessica Lu and Wayne Dennison filed by Personal Genome Diagnostics, Inc.. Ordered by Judge Christopher J. Burke on 3/21/2018. (dlb)
2018-03-21
1
No Actions
SO ORDERED
2018-03-21
1
No Actions
STIPULATION to File Second Amended Complaint by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 03/22/2018)
2018-03-22
1
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
1
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
2
Second AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 03/23/2018)
2018-03-23
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: 03/23/2018)
2018-03-23
1
SO ORDERED D.I. 19 Stipulation to File Second Amended Complaint filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 3/23/2018. (dlb)
2018-03-23
1
No Actions
SO ORDERED
2018-03-23
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
Scheduling Conference
2018-03-26
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: 03/27/2018)
2018-03-27
1
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
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
ANSWER to Amended Complaint, re: 20 Amended Complaint, with Jury Demand, COUNTERCLAIM for Declaratory Judgment against Guardant Health, Inc. by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 04/06/2018)
2018-04-06
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 Initial Disclosures filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 04/10/2018)
2018-04-10
1
NOTICE OF SUBSTITUTION OF COUNSEL re Personal Genome Diagnostics, Inc.: Entry of appearance of attorney Danielle Nicole Petaja. Attorney Gerard M. Clodomir terminated. (Petaja, Danielle) (Entered: 04/13/2018)
2018-04-13
1
PROPOSED ORDER Proposed Protective Order by Guardant Health, Inc.. (Farnan, Brian) (Entered: 04/13/2018)
2018-04-13
1
ANSWER to 26 Answer to Amended Complaint, Counterclaim by Guardant Health, Inc..(Farnan, Michael) (Entered: 04/16/2018)
2018-04-16
1
SO ORDERED, re 30 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
MOTION for Pro Hac Vice Appearance of Attorney Joseph Re, Karen Vogel Weil, William Zimmerman, Stephen Larson, Jeremiah Helm - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certification of Joseph Re, # 2 Certification of William Zimmerman, # 3 Certification of Stephen Larson, # 4 Certification of Karen Vogel Weil, # 5 Certification of Jeremiah Helm)Motions referred to Christopher J. Burke.(Taylor, James) (Entered: 04/20/2018)
2018-04-20
1
NOTICE OF SERVICE of Defendants answers and objections to Plaintiff's First Set of Interrogatories (Nos. 1-5) and First Set of Requests for Production (Nos. 1-62) filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 04/23/2018)
2018-04-23
1
NOTICE OF SERVICE of Core Technical Documents of Accused Products filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 04/30/2018)
2018-04-30
1
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 Personal Genome's first set of Requests for Production of Documents and Things (1-137) filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 05/07/2018)
2018-05-07
1
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 Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certificate of Service)(Taylor, James) (Entered: 05/08/2018)
2018-05-08
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 Personal Genome Diagnostics, Inc.'s Disclosures Pursuant to Stipulated Electronic Discovery Order filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 05/18/2018)
2018-05-18
1
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 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
NOTICE OF SERVICE of Guardant Health, Inc.'s Responses and Objections to Personal Genome Diagnostics, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1 - 137) filed by Guardant Health, Inc..(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
SO ORDERED D.I. 32 MOTION for Pro Hac Vice Appearance of Attorney Joseph Re, Karen Vogel Weil, William Zimmerman, Stephen Larson, Jeremiah Helm filed by Personal Genome Diagnostics, Inc. Ordered by Judge Christopher J. Burke on 6/6/2018. (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 Stephen W. Larson,William R. Zimmerman for Personal Genome Diagnostics, 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. (fms)
2018-06-11
1
No Actions
Pro Hac Vice Attorney Jeremiah S. Helm for Personal Genome Diagnostics, 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)
2018-06-12
1
No Actions
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
Pro Hac Vice Attorney Joseph R. Re for Personal Genome Diagnostics, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
2018-06-12
1
No Actions
Pro Hac Vice Attorney Karen Vogel Weil for Personal Genome Diagnostics, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
2018-06-12
1
No Actions
NOTICE OF SERVICE of Initial Invalidity Contentions filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 06/25/2018)
2018-06-25
1
ORDER Setting Mediation Conference: A Telephone Conference is set for 7/30/2018 at 10:30 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 Personal Genome Diagnostics, 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 OF SERVICE of Supplemental Responses to Plaintiff's First Set of Interrogatories filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 08/10/2018)
2018-08-10
1
ORDER Setting Mediation Conference: A Mediation Conference is set for 9/11/2018 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 8/14/2018. (dlb) (dlb). (Entered: 08/14/2018)
2018-08-14
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
Letter to The Honorable Christopher J. Burke from Danielle N. Petaja regarding Request for telephone conference. (Petaja, Danielle) (Entered: 09/25/2018)
2018-09-25
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
ORAL ORDER: The Court has reviewed the parties' September 25, 2018 letter regarding a discovery dispute. (D.I. 60) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), will be followed with regard to this dispute. To that end: (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 will be held on Monday, October 15, 2018 at 3:00 p.m.; (3) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, 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) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 9/27/2018. (dlb)
2018-09-27
1
No Actions
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
MOTION for Hearing re Order Setting Teleconference,,,,, - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Petaja, Danielle) (Entered: 10/01/2018)
2018-10-01
1
NOTICE OF SERVICE of Guardant Health, Inc.'s Second Set of Requests for Production of Documents and Things to Defendant (Nos. 63-83) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 10/03/2018)
2018-10-03
1
Letter to The Honorable Christopher J. Burke from Danielle N. Petaja regarding issues in dispute-discovery teleconference 10/15/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Petaja, Danielle) (Entered: 10/09/2018)
2018-10-09
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
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendant's October 9, 2018 Letter - re 66 Letter,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 10/11/2018)
2018-10-11
1
ORAL ORDER: The Court, having reviewed Defendant's discovery dispute motion and related briefing, (D.I. 64, 66, 67), and having discussed the disputes with the parties during today's discovery dispute teleconference, HEREBY ORDERS that Defendant's motion is DENIED. As to each of the four requests for production at issue, with respect to the specific or "core" responsive documents that Defendant called out in its letter, the Court does not have a sufficient basis to believe that Plaintiff has failed to produce any such documents that are in its possession, custody or control. Ordered by Judge Christopher J. Burke on 10/15/2018. (mlc)
2018-10-15
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 10/15/2018. The Court heard argument regarding Defendant's discovery dispute motion, (D.I. 64, and will issue a short order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) B. Farnan, D. Walter for Plaintiff; D. Petaja, S. Larson, J. Re for Defendant. (mlc)
2018-10-15
1
No Actions
CLAIM CONSTRUCTION ANSWERING BRIEF re 59 Claim Construction Opening Brief, filed by Personal Genome Diagnostics, 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
CLAIM CONSTRUCTION REPLY BRIEF re 68 Claim Construction Answering Brief filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 11/02/2018)
2018-11-02
1
NOTICE OF SERVICE of Personal Genome Diagnostics, Inc.'s Responses and Objections to Guardant Health, Inc.'s Second Set of Requests for Production (Nos. 63-83) filed by Personal Genome Diagnostics, Inc..(Taylor, James) (Entered: 11/05/2018)
2018-11-05
1
CLAIM CONSTRUCTION SURREPLY BRIEF re 72 Claim Construction Reply Brief filed by Personal Genome Diagnostics, 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
NOTICE OF SUBSTITUTION OF COUNSEL re Personal Genome Diagnostics, Inc.: Entry of appearance of attorney Randall Shaw MacTough. Attorney Danielle N. Petaja terminated. (MacTough, Randall) (Entered: 12/03/2018)
2018-12-03
1
ORDER Setting Mediation Conference: A Telephone Conference is set for 1/14/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 17-1623. (dlb) (Entered: 12/06/2018)
2018-12-06
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)
2018-12-11
1
No Actions
NOTICE OF SUBSTITUTION OF COUNSEL re Personal Genome Diagnostics, Inc.: Entry of appearance of attorney John C. Phillips, Jr. Attorney James D. Taylor and Randall S. MacTough terminated. (Phillips, John) (Entered: 12/12/2018)
2018-12-12
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael) (Entered: 12/13/2018)
2018-12-13
1
ORAL ORDER: The Court has reviewed the parties' December 13, 2018 letter requesting a discovery teleconference regarding 2 discovery disputes. (D.I.80) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), 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 scheduled for January 14, 2019 at 3:00 p.m.; (3) By no later than December 18, 2018, the 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 December 21, 2018, 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 dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 12/13/2018. (dlb)
2018-12-13
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: 12/14/2018)
2018-12-14
1
NOTICE of Appearance by David A. Bilson on behalf of Personal Genome Diagnostics, Inc. (Bilson, David) (Entered: 12/14/2018)
2018-12-14
1
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
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Farnan, Brian) (Entered: 12/18/2018)
2018-12-18
1
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 David A. Bilson regarding PGDx's Response to Guardant's Motion to Compel (D.I. 83). (Attachments: # 1 Exhibits A-F)(Bilson, David) (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
ORDER regarding D.I. 81 Joint MOTION for Teleconference to Resolve Discovery Dispute filed by Guardant Health, Inc., ORDER Cancelling Deadline. Signed by Judge Christopher J. Burke on 1/3/2019. (mlc) (Entered: 01/03/2019)
2019-01-03
1
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
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of D.I. No. 83. (mlc)
2019-01-07
1
No Actions
CORRECTING ENTRY: Transcript filed at D.I. 91 was removed from the docket (duplicate of D.I. 85). (ntl)
2019-01-07
1
No Actions
REDACTED VERSION of 83 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-7)(Farnan, Brian) (Entered: 01/08/2019)
2019-01-08
1
NOTICE OF SERVICE of Plaintiff's Supplemental Identification of Accused Products filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/09/2019)
2019-01-09
1
[SEALED] DECLARATION re 89 Order, Order Cancelling Deadline of Derek Walter Regarding Court's Order on Source Code by Guardant Health, Inc.. (Attachments: # 1 Letter to The Honorable Christopher J. Burke)(Farnan, Michael) (Entered: 01/10/2019)
2019-01-10
1
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
ORAL ORDER: Due to a scheduling conflict, the Court HEREBY ORDERS that the ADR teleconference scheduled for January 14, 2019 at 11:00 a.m. is cancelled. Ordered by Judge Christopher J. Burke on 1/11/2019. (mlc)
2019-01-11
1
No Actions
ORAL ORDER: The Court, having reviewed Plaintiff's declaration, (D.I. 93), accepts the representations therein, and finds that Plaintiff has now met its burden to establish that Defendant should timely produce the full set of printouts of portions of Defendant's source code that have been previously identified by Plaintiff, (D.I. 89 at 1-2). Ordered by Judge Christopher J. Burke on 1/16/2019. (dlb)
2019-01-16
1
No Actions
REDACTED VERSION of 93 Declaration by Guardant Health, Inc.. (Attachments: # 1 Letter to The Honorable Christopher J. Burke)(Farnan, Michael) (Entered: 01/17/2019)
2019-01-17
1
NOTICE to Take Deposition of Travis Clark on 3/1/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Matt Franklin on 3/6/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Mark Kennedy on 3/5/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Doron Lipson on 3/8/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Geoff Otto on 3/11/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Jeff Palmer on 3/4/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of John Truesdell on 3/7/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Personal Genome Diagnostics, Inc. on 3/22/2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Justin Odegaard on March 7, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Amirali Talasaz on March 20-21, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Mark Jacobstein on February 19, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Helmy Eltoukhy on March 25-26, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Stefanie Mortimer on February 11-12, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Lai Mun Siew on February 21, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Derek Bertocci on March 12, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Rick Lanman on March 5, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Bill Getty on March 1, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE to Take Deposition of Michael Wiley on February 25, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 01/18/2019)
2019-01-18
1
NOTICE OF SERVICE of Plaintiff's Second Supplemental Identification of Accused Products filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 01/24/2019)
2019-01-24
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael) (Entered: 01/25/2019)
2019-01-25
1
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/28/2019)
2019-01-28
1
NOTICE requesting Clerk to remove Jessica T. Lu and Wayne F. Dennison as co-counsel. Reason for request: No Longer Affiliated with the case. (Bilson, David) (Entered: 01/28/2019)
2019-01-28
1
ORAL ORDER: The Court has reviewed the parties' January 25, 2019 letter requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 119) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), 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 scheduled for February 5, 2019 at 4:00 p.m.; (3) By no later than January 30, 2019, the 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 February 1, 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 dispute prior to the telephone conference and will, in that event, cancel the conference. (dlb)
2019-01-28
1
No Actions
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 Defendant Personal Genome Diagnostics, Inc.'s First Set of Interrogatories to Guardant Health, Inc. (1-2) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 01/30/2019)
2019-01-30
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 01/30/2019)
2019-01-30
1
[SEALED] Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Letter responding to plaintiff's January 31, 2019 discovery dispute letter. (Attachments: # 1 Exhibit A-C)(Phillips, John) (Entered: 02/01/2019)
2019-02-01
1
[SEALED] DECLARATION re 125 Letter Declaration Of Mark Sausen In Support Of PGDxs Opposition To Guardants Motion To Compel by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 02/01/2019)
2019-02-01
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Oral Argument - re 126 Declaration, 125 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 02/04/2019)
2019-02-04
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
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 2/5/2019. The Court heard argument regarding Plaintiff's discovery dispute motion, (D.I. 120), and will issue an order. (Court Reporter John Donnelly (Veritext). Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, D. Walter for Plaintiff; J. Phillips, S. Larson, J. Re for Defendant. (mlc)
2019-02-05
1
No Actions
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
NOTICE to Take Deposition of Guardant Health, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) on March 25, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 02/07/2019)
2019-02-07
1
ORAL ORDER: The Court, having reviewed Plaintiff's discovery dispute motion, (D.I. 120 ), and the parties' letter briefs relating thereto, (D.I. 124; D.I. 125; D.I. 127; D.I. 128), and having heard argument on February 5, 2019, hereby GRANTS Plaintiff's motion as follows. (1) Earlier in the case, the Court ruled that Plaintiff had not sufficiently demonstrated why (pursuant to the requirements of the parties' ESI Order) it had satisfied its obligations, such that Defendant should then have been required to utilize Plaintiff's three additional proposed search terms. (D.I. 89 at 3) But in making that ruling, the Court did not intend to prohibit Plaintiff from ever seeking to make such a showing. (2) In the interval, Plaintiff has propounded a revised set of three search terms, (D.I. 124, ex. 2), which are more narrow than its earlier-proposed terms and do address at least some of Defendant's prior objections to the breadth of the originally-proposed terms. (3) The three revised terms will return relevant evidence, and Defendant has not provided data suggesting that the new terms would pose an undue burden on it, pursuant to Fed. R. Civ. P. 26(b). (4) Although Plaintiff should have made such efforts to engage with Defendant's objections regarding the terms earlier in the case schedule, it is not too late for these searches to be performed. (D.I. 124 at 4) This outcome is also a fair one, as it does seem that the ESI Order contemplates that (as long as Plaintiff follows the rules set out in the ESI Order), Plaintiff would be able to propound at least three search terms of its own to Defendant and receive related search results. (5) With respect to Defendant's argument that producing documents generated by these searches would effectively be an end-run around Defendant's objections to various Requests for Production of Documents ("RFPs"), the Court is not in a position to find that otherwise responsive documents should be withheld from production on this ground (i.e., because they solely relate to an RFP that has been objected to). (6) Accordingly, Plaintiff's motion is GRANTED. In a timely fashion, Defendant shall search for and produce relevant responsive documents containing the three revised keywords propounded by Plaintiff. To the extent that, following its search, Defendant asserts that certain sub-categories of otherwise responsive documents should not be produced in light of its pending objections to RFPs, it may raise the issue with the Court pursuant to the Court's discovery dispute procedures (if the parties cannot resolve the issue after meeting and conferring). (7) Lastly, with respect to the issue relating to the Elio Plasma Resolve product ("elio") referenced in the parties' letter briefs, (D.I. 124 at 3; D.I. 125 at 4; D.I. 128 at 1), by no later than February 14, 2019, the parties shall meet and confer to try to reach agreement as to whether or not elio is an accused product in this case. Ordered by Judge Christopher J. Burke on 2/7/2019. (mlc)
2019-02-07
1
No Actions
Joint STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 02/08/2019)
2019-02-08
1
REDACTED VERSION of 125 Letter by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 02/11/2019)
2019-02-11
1
REDACTED VERSION of 126 Declaration by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 02/11/2019)
2019-02-11
1
REDACTED VERSION of 127 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B)(Farnan, Brian) (Entered: 02/11/2019)
2019-02-11
1
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Objections to Guardant Health, Inc.'s Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 02/12/2019)
2019-02-12
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 Guardant Health, Inc.'s First Amended Infringement Contentions filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 02/14/2019)
2019-02-14
1
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Supplemental Identification of Prior Art filed by Personal Genome Diagnostics, Inc..(Bilson, David) (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
STIPULATION TO EXTEND TIME to Amend/Supplement Pleadings to April 26, 2019 and May 3, 2019 - filed by Guardant Health, Inc.. (Farnan, Michael) (Entered: 02/22/2019)
2019-02-22
1
SO ORDERED D.I. 140 STIPULATION TO EXTEND TIME to Amend/Supplement Pleadings to April 26, 2019 and May 3, 2019 filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 2/25/2019. (dlb)
2019-02-25
1
No Actions
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 of Defendant Personal Genome Diagnostics, Inc.'s Notice of Third Party Subpoenas to Jeffrey J. Seidel by Personal Genome Diagnostics, Inc. (Phillips, John) (Entered: 02/28/2019)
2019-02-28
1
NOTICE of Defendant Personal Genome Diagnostics, Inc.'s Notice of Third Party Subpoena to Wilson, Sonsini, Goodrich & Rosati by Personal Genome Diagnostics, Inc. (Phillips, John) (Entered: 02/28/2019)
2019-02-28
1
NOTICE of Defendant Personal Genome Diagnostics, Inc.'s Notice of Third Party Subpoenas to Vern Norviel by Personal Genome Diagnostics, Inc. (Phillips, John) (Entered: 02/28/2019)
2019-02-28
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 Personal Genome Diagnostics, Inc.'s First Set of Interrogatories (Nos. 1 - 2) 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 OF SERVICE of Plaintiff Guardant Health, Inc.'s Responses and Objections to Personal Genome Diagnostics, 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
SUBPOENA Returned Executed as to Jeffrey J. Seidel on March 4, 2019 (Phillips, John) (Entered: 03/05/2019)
2019-03-05
1
SUBPOENA Returned Executed as to Jeffrey J. Seidel on March 4, 2019 (Phillips, John) (Entered: 03/05/2019)
2019-03-05
1
Official Transcript of Case Management Conference held on February 5, 2019 before Judge Christopher J. Burke. Court Reporter/Transcriber John Donnelly of Veritext, Telephone (302) 571-0510. 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 3/27/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/4/2019. (bpg) (Entered: 03/06/2019)
2019-03-06
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
SUBPOENA Returned Executed as to Wilson Sonsini Goodrich & Rosati on March 1, 2019 (Bilson, David) (Entered: 03/12/2019)
2019-03-12
1
SUBPOENA Returned Executed as to Vern Norviel on March 1, 2019 (Bilson, David) (Entered: 03/12/2019)
2019-03-12
1
SUBPOENA Returned Executed as to Vern Norviel [Documents] on March 1, 2019 (Bilson, David) (Entered: 03/12/2019)
2019-03-12
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding IPR POPR. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 03/12/2019)
2019-03-12
1
NOTICE to Take Deposition of Samuel Angiuoli on 3/29/2019 filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/12/2019)
2019-03-12
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
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's March 12, 2019 - re 154 Letter. (Farnan, Brian) (Entered: 03/13/2019)
2019-03-13
1
ORAL ORDER: The Court, having reviewed Defendant's March 12, 2019 letter, (D.I. 154), and Plaintiff's March 13, 2019 letter, (D.I. 157), HEREBY ORDERS that: (1) By no later than March 20, 2019, Defendant shall file a supplemental claim construction brief of no more than 1 single-spaced page to address Plaintiff's recent Patent Owner Preliminary Response in the inter partes review proceeding directed to one of the asserted patents; and (2) By no later than March 27, 2019, Plaintiff may file a responsive supplemental claim construction brief of no more than 1 single-spaced page. Ordered by Judge Christopher J. Burke on 3/13/2019. (dlb) (Entered: 03/13/2019)
2019-03-13
1
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Supplemental Initial Disclosures filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 03/13/2019)
2019-03-13
1
Oral Order
2019-03-13
1
No Actions
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
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding requesting discovery dispute teleconference. (Phillips, John) (Entered: 03/20/2019)
2019-03-20
1
ORAL ORDER: The Court has reviewed the parties' March 20, 2019 letter requesting a discovery teleconference regarding 3 discovery disputes. (D.I. 160) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), 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 scheduled for April 1, 2019 at 3:00 p.m.; (3) By no later than March 25, 2019, the 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 March 28, 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 3/20/2019. (dlb) (Entered: 03/20/2019)
2019-03-20
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Defendant's Supplemental Claim Construction Brief - re 158 Oral Order,,. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 03/20/2019)
2019-03-20
1
Order Setting Teleconference
2019-03-20
1
No Actions
NOTICE to Take Deposition of Andrew Georgiadis on 4/23/2019 filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/21/2019)
2019-03-21
1
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 03/21/2019)
2019-03-21
1
MOTION for Pro Hac Vice Appearance of Attorney Ioanna S. Bouris - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certification of Ioanna S. Bouris)Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 03/21/2019)
2019-03-21
1
MOTION for Pro Hac Vice Appearance of Attorney Baraa Kahf - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certification of Baraa Kahf)Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 03/22/2019)
2019-03-22
1
NOTICE to Take Deposition of Mark Sausen, Ph.D. on 3/27/2019 (Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/22/2019)
2019-03-22
1
NOTICE to Take Deposition of William Stevens on 4/5/2019 (Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/22/2019)
2019-03-22
1
NOTICE to Take Deposition of William Stevens on 4/5/2019 (Second Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/25/2019)
2019-03-25
1
NOTICE to Take Deposition of Mark Sausen, Ph.D. on 3/27/2019 (Second Amended) filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 03/25/2019)
2019-03-25
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Discovery Dispute. (Attachments: # 1 Exhibit 1 - 15)(Phillips, John) (Entered: 03/25/2019)
2019-03-25
1
[SEALED] 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, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Michael) (Entered: 03/25/2019)
2019-03-25
1
(SEALED) Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Plaintiff's Responsive Supplemental Claim Construction Brief - re 162 Letter. (Attachments: # 1 Exhibit 1)(Farnan, Brian) Modified on 3/28/2019 (dlb). (Entered: 03/27/2019)
2019-03-27
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. 1-21); (iii) Guardant Health, Inc.'s Second Set of Interrogatories to Defendant (Nos. 6-9); and (iv) Guardant Health, Inc.'s Third Set of Requests for Production of Documents and Things to Defendant (Nos. 84 -89) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 03/28/2019)
2019-03-28
1
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendant's March 25, 2019 Letter - re 171 Letter. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 03/28/2019)
2019-03-28
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to plaintiff's March 25, 2019 discovery dispute letter - re 172 Letter,. (Attachments: # 1 Exhibit A - I)(Phillips, John) (Entered: 03/28/2019)
2019-03-28
1
SO ORDERED
2019-03-28
1
No Actions
- CORRECTING ENTRY
2019-03-28
1
No Actions
CORRECTING ENTRY: Document filed at D.I. 173 has been placed under seal at the request of the filer. (dlb)
2019-03-28
1
No Actions
SO ORDERED D.I. 165 MOTION for Pro Hac Vice Appearance of Attorney Ioanna S. Bouris filed by Personal Genome Diagnostics, Inc., 166 MOTION for Pro Hac Vice Appearance of Attorney Baraa Kahf filed by Personal Genome Diagnostics, Inc. Ordered by Judge Christopher J. Burke on 3/28/2019. (dlb)
2019-03-28
1
No Actions
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Updated Disclosure of Invalidity Contentions filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 03/29/2019)
2019-03-29
1
ORAL ORDER: The Court, having reviewed the parties letter briefs, (D.I. 171, 172, 175, 176), relating to certain discovery disputes, (D.I. 164), concludes that the parties have well set out the issues in their briefs, and that a teleconference is unnecessary. Therefore, the Court ORDERS that today's 3:00 pm teleconference is CANCELLED. The Court will resolve the issues on the papers in short order. Ordered by Judge Christopher J. Burke on 4/1/2019. (dlb) (Entered: 04/01/2019)
2019-04-01
1
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion, (D.I. 164), and the parties' letter briefs relating thereto, (D.I. 171, 172, 175, 176), hereby ORDERS as follows with respect to the parties' disputes: (1) Plaintiff shall serve final infringement contentions by no later than April 15, 2019 absent further order of the Court, which shall include, at minimum, citations to source code (where applicable), (see D.I. 171 at 1-2); (2) Defendant shall make Dr. Samuel Angiuoli available for deposition by no later than April 22, 2019 absent further order of the Court; (3) Plaintiff may serve supplemental final infringement contentions (limited only to including material relating to Dr. Angiuoli's deposition), if necessary, by no later than April 29, 2019 absent further order of the Court; and (4) Defendant shall serve final noninfringement contentions and final invalidity contentions by no later than May 13, 2019 absent further order of the Court. Defendant's final noninfringement contentions shall include, at minimum, citations to source code (where applicable). Ordered by Judge Christopher J. Burke on 4/1/2019. (dlb) (Entered: 04/01/2019)
2019-04-01
1
Oral Order
2019-04-01
1
No Actions
REDACTED VERSION of 171 Letter by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 04/02/2019)
2019-04-02
1
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s [OUTSIDE ATTORNEYS' EYES ONLY] Supplemental Responses and Objections to Guardant Health, Inc.'s First Set of Interrogatories (Nos. 3-5) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/02/2019)
2019-04-02
1
NOTICE to Take Deposition of Daniel Simon on April 23, 2019 filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/02/2019)
2019-04-02
1
NOTICE to Take Deposition of Darya Chudova on April 30, 2019 filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/02/2019)
2019-04-02
1
REDACTED VERSION of 173 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 04/03/2019)
2019-04-03
1
REDACTED VERSION of 175 Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 04/04/2019)
2019-04-04
1
REDACTED VERSION of 176 Letter by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 04/05/2019)
2019-04-05
1
NOTICE to Take Deposition of Helmy Eltoukhy on April 8-9, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 04/05/2019)
2019-04-05
1
NOTICE to Take Deposition of Personal Genome Diagnostics, Inc. on 4/22/2019 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
Add Attorneys - PHV only
2019-04-09
1
No Actions
Pro Hac Vice Attorneys Baraa Kahf and Ioanna S. Bouris for Personal Genome Diagnostics, 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. (ddp)
2019-04-09
1
No Actions
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Objections to Guardant Health, Inc.'s Second Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/11/2019)
2019-04-11
1
NOTICE to Take Deposition of Doug Ward on 4/17/2019 filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 04/15/2019)
2019-04-15
1
NOTICE OF SERVICE of (1) Defendant Personal Genome Diagnostics, Inc.'s Second Set of Interrogatories to Guardant Health, Inc. (3-14); (2) Defendant Personal Genome Diagnostics, Inc.'s Second Set of Requests for Production of Documents and Things to Guardant Health, Inc. (138-159); and (3) Defendant Personal Genome Diagnostics, Inc.'s First Set of Requests for Admissions (Nos. 1-35) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/15/2019)
2019-04-15
1
NOTICE OF SERVICE of Guardant Health, Inc.'s Second Amended Infringement Contentions filed by Guardant Health, Inc..(Farnan, Brian) (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 (No. 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 to Take Deposition of Victor Velculescu on April 19, 2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/19/2019)
2019-04-19
1
MOTION to File an Amended Pleading - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Phillips, John) (Entered: 04/19/2019)
2019-04-19
1
[SEALED] Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Letter in Support of Motion for Leave to File an Amended Pleading - re 202 MOTION to File an Amended Pleading . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillips, John) (Entered: 04/19/2019)
2019-04-19
1
NOTICE to Take Deposition of Personal Genome Diagnostics, 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 (Amended) on April 30, 2019 and May 1, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 04/25/2019)
2019-04-25
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding No Current Amendment to Complaint. (Farnan, Brian) (Entered: 04/26/2019)
2019-04-26
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's Motion to Amend - re 202 MOTION to File an Amended Pleading . (Farnan, Brian) (Entered: 04/26/2019)
2019-04-26
1
REDACTED VERSION of 203 Letter, by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillips, John) (Entered: 04/26/2019)
2019-04-26
1
NOTICE OF SERVICE of (1) Defendant Personal Genome Diagnostics, Inc.s [OUTSIDE ATTORNEYS EYES ONLY] Responses and Objections to Guardant Health, Inc.s Second Set of Interrogatories (Nos. 6-9); (2) Defendant Personal Genome Diagnostics, Inc.s [OUTSIDE ATTORNEYS EYES ONLY] Responses and Objections to Guardant Health, Inc.s First Set of Common Interrogatories (Nos. 1-8); (3) Defendant Personal Genome Diagnostics, Inc.s Responses and Objections to Guardant Health, Inc.s Third Set of Requests for Production (Nos. 84-89); (4) Defendant Personal Genome Diagnostics, Inc.s Objections to Guardant Health, Inc.s Third Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6); (5) Defendant Personal Genome Diagnostics, Inc.s Responses and Objections to Guardant Health, Inc.s First Set of Requests for Admission (Nos. 1-21); and (6) Objections to Guardant Health, Inc.s Subpoena Duces Tecum to Knobbe, Martens, Olson & Bear, LLP filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 04/29/2019)
2019-04-29
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Reply Letter in Support of Motion to Amend - re 202 MOTION to File an Amended Pleading, 210 Letter. (Bilson, David) (Entered: 04/29/2019)
2019-04-29
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding requesting teleconference - re 202 MOTION to File an Amended Pleading . (Bilson, David) (Entered: 04/29/2019)
2019-04-29
1
NOTICE OF SERVICE of Third Amended Infringement Charts filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 04/30/2019)
2019-04-30
1
ORAL ORDER: The Court, having reviewed Defendant's unopposed Motion for leave to file an Amended Answer to Second Amended Complaint, Affirmative Defenses and Counterclaims, (D.I. 202), and the parties' related letters, (D.I. 203, 210, 213, 214), HEREBY ORDERS AS FOLLOWS: (1) Defendant's unopposed Motion is GRANTED.; (2) Plaintiff's unopposed request for a 30-day extension to respond to the Amended Answer to Second Amended Complaint, Affirmative Defenses and Counterclaims is GRANTED.; (3) In light of these rulings, the parties' request for a teleconference to address Defendant's Motion is DENIED as moot.; (4) If Plaintiff wishes to file a motion to amend its complaint, it may do so, and the Court will consider such motion after it has been fully briefed. Ordered by Judge Christopher J. Burke on 4/30/2019. (dlb) (Entered: 04/30/2019)
2019-04-30
1
[SEALED] Amended ANSWER to Complaint with Jury Demand to Second Amended Complaint, Affirmative Defenses, COUNTERCLAIM against Guardant Health, Inc. by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 04/30/2019)
2019-04-30
1
Order on Motion for Miscellaneous Relief
2019-04-30
1
No Actions
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 05/02/2019)
2019-05-02
1
ORAL ORDER: The Court has reviewed the parties' May 2, 2019 letter requesting a discovery teleconference regarding 3 discovery disputes. (D.I. 218) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), 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 scheduled for May 20, 2019 at 4:00 p.m.; (3) By no later than May 8, 2019, the 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 May 13, 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 5/3/2019. (dlb) Modified on 5/3/2019 (dlb). (Entered: 05/03/2019)
2019-05-03
1
NOTICE OF SERVICE of Subpoena Duces Tecum and Ad Testicandum filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Attachment)(Phillips, John) (Entered: 05/03/2019)
2019-05-03
1
REDACTED VERSION of 209 Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/03/2019)
2019-05-03
1
REDACTED VERSION of 210 Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/03/2019)
2019-05-03
1
Order Setting Teleconference
2019-05-03
1
No Actions
SUBPOENA Returned Executed as to Illumina, Inc. on May 3, 2019 (Bilson, David) (Entered: 05/06/2019)
2019-05-06
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/07/2019)
2019-05-07
1
MOTION to Amend/Correct 20 Amended Complaint, - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/07/2019)
2019-05-07
1
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Opening Letter Brief in Support of Motion to File Amended Complaint - re 225 MOTION to Amend/Correct 20 Amended Complaint, . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farnan, Michael) (Entered: 05/07/2019)
2019-05-07
1
REDACTED VERSION of 217 Answer to Complaint, Counterclaim by Personal Genome Diagnostics, Inc.. (Phillips, John) (Main Document 227 replaced on 5/7/2019) (ntl). (Entered: 05/07/2019)
2019-05-07
1
- CORRECTING ENTRY
2019-05-07
1
No Actions
CORRECTING ENTRY: Corrected document added to D.I. 227 per request of counsel. (ntl)
2019-05-07
1
No Actions
NOTICE to Take Deposition of Jeffrey J. Seidel on June 13, 2019 filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 05/08/2019)
2019-05-08
1
NOTICE to Take Deposition of Vern Norviel on June 18, 2019 filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 05/08/2019)
2019-05-08
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding production of documents withheld as privileged. (Attachments: # 1 Exhibit 1-8)(Phillips, John) (Entered: 05/08/2019)
2019-05-08
1
[SEALED] 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, # 7 Exhibit 7)(Farnan, Michael) (Entered: 05/08/2019)
2019-05-08
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 05/13/2019)
2019-05-13
1
[SEALED] MOTION for Expedited Consideration of Discovery Dispute re 232 Letter - 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)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/13/2019)
2019-05-13
1
NOTICE OF SERVICE of Personal Genome Diagnostics, Inc.'s Second Updated Disclosure of Invalidity Contentions filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 05/13/2019)
2019-05-13
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding responding to plaintiff's May 8, 2019 discovery dispute letter - re 231 Letter,. (Attachments: # 1 Exhibit 1-8)(Phillips, John) (Entered: 05/13/2019)
2019-05-13
1
NOTICE OF SERVICE of Personal Genome Diagnostics, Inc.'s [OUTSIDE ATTORNEYS' EYES ONLY] Second Supplemental Responses and Objections to Guardant Health, Inc.'s First Set of Interrogatories (No. 2) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 05/13/2019)
2019-05-13
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's May 8, 2019 Leter - re 230 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Brian) (Entered: 05/13/2019)
2019-05-13
1
[SEALED] DECLARATION re 237 Letter, of Helmy Eltonkhy 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)(Farnan, Brian) (Entered: 05/13/2019)
2019-05-13
1
ORAL ORDER: The Court, having reviewed the parties May 13, 2019 letter requesting a discovery teleconference regarding 2 discovery disputes, (D.I. 232 ), and Plaintiffs subsequent Motion for Expedited Consideration of one of those discovery disputes (i.e., Defendants designation of Dr. Velculescu and Dr. Sausens deposition transcripts as confidential (hereinafter, Issue No. 1)), (D.I. 233), hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), will be modified as follows with regard to Issue No. 1: (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) By no later than 5:00 pm on May 14, 2019, Plaintiff shall file with the Court a letter, not to exceed two (2) pages, in no less than 12-point font, outlining the issue in dispute and its position on that issue. By no later than 5:00 pm on May 15, 2019, Defendant may file a letter, not to exceed two (2) pages, in no less than 12-point font, outlining its reasons for its opposition.; (3) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (4) If the Court requires argument regarding Issue No. 1, it will schedule a teleconference to take place this week, but will otherwise resolve Issue No. 1 on the papers.; (5) The Court will issue a separate briefing schedule with regard to the parties second discovery dispute. Ordered by Judge Christopher J. Burke on 5/13/2019. (mlc) (Entered: 05/13/2019)
2019-05-13
1
Oral Order
2019-05-13
1
No Actions
ORAL ORDER: The Court, having reviewed the parties May 13, 2019 letter requesting a discovery teleconference regarding 2 discovery disputes, (D.I. 232), and having set a briefing schedule for the first dispute in light of Plaintiffs Motion for Expedited Consideration of that dispute, (D.I. 239), hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), will be modified as follows with regard to the second 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 scheduled for June 3, 2019 at 3:00 p.m.; (3) By no later than May 16, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than May 21, 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. Ordered by Judge Christopher J. Burke on 5/14/2019. (dlb) (Entered: 05/14/2019)
2019-05-14
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Farnan, Brian) (Entered: 05/14/2019)
2019-05-14
1
REDACTED VERSION of 226 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-E)(Farnan, Michael) (Entered: 05/14/2019)
2019-05-14
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to plaintiff's motion for leave to file third amended complaint - re 226 Letter,. (Attachments: # 1 Exhibit 1 - 4)(Phillips, John) (Entered: 05/14/2019)
2019-05-14
1
Order Setting Teleconference
2019-05-14
1
No Actions
MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/15/2019)
2019-05-15
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Guardant's Motion to De-Designate Confidential Information. (Phillips, John) (Entered: 05/15/2019)
2019-05-15
1
[SEALED] DECLARATION of Michael Untiet in Support of PGDX's Opposition to Guardant's Motion to De-Designate Confidential Material by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Phillips, John) (Entered: 05/15/2019)
2019-05-15
1
NOTICE OF SERVICE of (1) Defendant Personal Genome Diagnostics, Inc.'s Responses and Objections to Guardant Health, Inc.'s Second Set of Common Interrogatories (Nos. 9-11); and (2) Defendant Personal Genome Diagnostics, Inc.'s Responses and Objections to Guardant Health, Inc.'s Third Set of Interrogatories (No. 10) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 05/15/2019)
2019-05-15
1
NOTICE OF SERVICE of (i) Guardant Health, Inc.'s First 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 First Supplemental Responses and Objections to Personal Genome Diagnostics, Inc.'s First Set of Interrogatories (No. 2); (iv) Guardant Health, Inc.'s Responses and Objections to Personal Genome Diagnostics, Inc.'s First Set of Requests for Admissions (Nos. 1-35); (v) Guardant Health, Inc.'s Responses and Objections to Personal Genome Diagnostics, Inc.'s Second Set of Requests for Production of Documents and Things (Nos. 138-159); (vi) Guardant Health, Inc.'s Responses and Objections to Personal Genome Diagnostics, Inc.'s Second Set of Interrogatories (Nos. 3 -14); and (vii) 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: 05/15/2019)
2019-05-15
1
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Second Supplemental Responses and Objections to Guardant Health, Inc.'s First Set of Interrogatories (Nos. 3 and 5) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 05/16/2019)
2019-05-16
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding discovery dispute over removal of redactions to amended answer and counterclaims. (Attachments: # 1 Exhibits 1-5)(Phillips, John) (Entered: 05/16/2019)
2019-05-16
1
ORAL ORDER: The Court, having reviewed: (1) the parties' discovery dispute motion, which concerns Plaintiff's request for an order requiring Defendant to remove confidentiality designations from specific portions of the deposition transcripts of Dr. Victor Velculescu and Dr. Mark Sausen, (D.I. 244); (2) Plaintiff's Motion for Expedited Consideration of the dispute, (D.I. 233); (3) the parties' letter briefs relating to the discovery dispute, (D.I. 241, 245); and (4) the Declaration of Michael Untiet (the "Untiet Declaration"), (D.I. 246), hereby ORDERS as follows with respect to the dispute: (1) Plaintiff's Motion for Expedited Consideration is GRANTED.; (2) Plaintiff's request for an order requiring Defendant to remove confidentiality designations from the material referenced in Paragraphs 4, 5, 8, 9 and portions of Paragraph 10 (i.e., D.I. 246, ex. 2 at 155:21-156:20) of the Untiet Declaration is GRANTED. This material is, inter alia, not the type of information that Defendant would "normally not reveal to third parties," (D.I. 30 at 2(c)), in that it is the type of information that Defendant would be normally expected to reveal to, inter alia, the United States Patent and Trademark Office in defending its patent applications. (See D.I. 241 at 2); (3) Plaintiff's request for an order requiring Defendant to remove confidentiality designations from the material referenced in Paragraphs 6, 7 and portions of Paragraph 10 (i.e., D.I. 246, ex. 2 at 156:21-157:21) of the Untiet Declaration is DENIED. This material is properly deemed confidential, in that it is the type of information that relates to: (1) Defendant's "interactions with attorneys in connection with" patent prosecution, (D.I. 246 at 6); and (2) Defendant's "views on the performance of its attorneys in connection with its patent prosecution and its commentary on the quality of the attorney work product[,]" (id. at 7, 10). The Court agrees that this type of information meets the definition of "[c]onfidential [i]nformation" set out in the Protective Order, including because it is information that Defendant would not normally reveal to third parties. Ordered by Judge Christopher J. Burke on 5/16/2019. (dlb) (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 230 Letter by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 05/16/2019)
2019-05-16
1
REDACTED VERSION of 231 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-7)(Farnan, Michael) (Entered: 05/16/2019)
2019-05-16
1
REDACTED VERSION of 231 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-7)(Farnan, Michael) (Entered: 05/16/2019)
2019-05-16
2
Oral Order
2019-05-16
1
No Actions
MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 05/17/2019)
2019-05-17
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply in Support of Motion to Amend Complaint - re 225 MOTION to Amend/Correct 20 Amended Complaint, . (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/17/2019)
2019-05-17
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Oral Argument on Motion to Amend Complaint - re 225 MOTION to Amend/Correct 20 Amended Complaint, . (Farnan, Michael) (Entered: 05/17/2019)
2019-05-17
1
ORAL ORDER: The Court, having reviewed Plaintiffs May 20, 2019 letter requesting a teleconference to address Plaintiffs Motion to File an Amended Complaint (the Motion to Amend), (D.I. 257), HEREBY ORDERS that it will hear argument on the Motion to Amend during the teleconference set for June 3, 2019 at 3:00 p.m. (during which the Court will also hear argument regarding a discovery dispute, (see D.I. 240)). Ordered by Judge Christopher J. Burke on 5/20/2019. (dlb) (Entered: 05/20/2019)
2019-05-20
1
Order Setting Hearing on Motion
2019-05-20
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 5/20/2019. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 224), and took the matters under advisement. (Court Reporter John Donnelly (Veritext). Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, D. Walter for Plaintiff; J. Phillips, S. Larson, J. Re for Defendant. (mlc)
2019-05-20
1
No Actions
REDACTED VERSION of 237 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-8)(Farnan, Brian) (Entered: 05/21/2019)
2019-05-21
1
REDACTED VERSION of 238 Declaration, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-I)(Farnan, Brian) (Entered: 05/21/2019)
2019-05-21
1
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendant's request that the Court order Plaintiff to produce its communications with Dr. Helmy Eltoukhy in 2012 (the "Motion"), (D.I. 224; D.I. 230 at 1), and the parties' letter briefs relating thereto, (D.I. 230, 237), and having heard telephonic oral argument on May 20, 2019, HEREBY ORDERS as follows with respect to the dispute: (1) The Court DENIES Defendant's Motion WITHOUT PREJUDICE to renew (i.e., the resolution that Defendant ultimately requested at the end of oral argument).; (2) The Court is sympathetic to Defendant's position that statements made by Dr. Eltoukhy in his recent Declaration, (D.I. 238), regarding Dr. Eltoukhy's level of involvement with Plaintiff in 2012, are very different than the answers that Dr. Eltoukhy and Dr. AmirAli Talasaz gave on this subject during their depositions. (Compare, e.g., D.I. 238 at 3 (Dr. Eltoukhy stating in his declaration that "my relationship as a member of the Board of Directors, an advisor and one of the largest investors was that of corporate agent and fiduciary of Guardant.", with D.I. 230, ex. 1 at 197-98 (Dr. Eltoukhy testifying that he had "no official capacity" with Plaintiff in 2012 and that he was just an "advisor" and an "investor" of Guardant as of that time frame, nothing more); D.I. 230, ex. 2 at 79-81 (Dr. Talasaz testifying that in 2012, Dr. Eltoukhy was just an advisor and investor to Guardant)); (3) The Court thus believes it would be fair to allow Defendant to take targeted, additional discovery with respect to this issue. Such discovery may include (if Defendant wishes) a supplemental deposition of Dr. Eltoukhy that may last no more than 3 hours. The parties shall meet and confer to try to reach agreement regarding the scope of such discovery. (4) After this discovery is completed, Defendant may (if it wishes) thereafter renew its Motion. Ordered by Judge Christopher J. Burke on 5/21/2019. (dlb) (Entered: 05/21/2019)
2019-05-21
1
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Plaintiff's request for additional testimony in light of assertedly non-responsive answers during the deposition of Dr. Samuel Angiuoli, a Fed. R. Civ. P. 30(b)(1) and 30(b)(6) witness for Defendant (the "Motion"), (D.I. 224 ; see also D.I. 218), and the parties' letter briefs relating thereto, (D.I. 231, 235), and having heard argument on May 20, 2019, HEREBY GRANTS Plaintiff's Motion. "[I]f a deponent fails to answer a question asked under Rule 30, or provides an answer that is evasive or incomplete, then a motion to compel the deposition testimony may be filed." Oy v. Verizon Servs. Corp., Civil Action No. 12-715-CJB, 2013 WL 5675516, at *2 (D. Del. Oct. 15, 2013) (internal quotation marks and citations omitted). During Dr. Angiuoli's deposition, Plaintiff's counsel repeatedly asked about how barcodes (as distinguished from other pieces of data) are used in the error correction process, and why barcodes are used in the error correction process (as distinguished from another piece of data). (See, e.g. D.I. 231, ex. 3 at 100-10, 125, 130, 134, 145) In response, Dr. Angiuoli merely repeated the same broad answer that barcodes are "one of many pieces of data that is being counted [in the error correction process]." (See, e.g., id. at 107; D.I. 235, ex. 1 at 229 (in response to Plaintiff's counsel asking if the step of "[t]he barcoded fragments are differentiated based on the combination of their exogenous barcode and the endogenous barcode" is "performed in the software of PlasmaSELECT 64," Dr. Angiuoli responding that "in PlasmaSELECT, as I've described, yes, barcode information, data is counted and used in addition to other pieces of data as part of an overall error correction procedure")) The substance of Dr. Angiuoli's repeated answer was simply not aligned with the substance of the questions that Plaintiff's counsel was asking; thus, it essentially constitutes a non-response. Plaintiff may take a supplemental Rule 30(b)(6) deposition of no more than 3 hours regarding the topic of "how and why [Defendant] uses barcodes." Ordered by Judge Christopher J. Burke on 5/21/2019. (mlc) (Entered: 05/21/2019)
2019-05-21
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's May 16, 2019 Letter - re 250 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Farnan, Brian) (Entered: 05/21/2019)
2019-05-21
1
REDACTED VERSION of 233 MOTION for Expedited Consideration of Discovery Dispute re 232 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-8)(Farnan, Brian) (Entered: 05/21/2019)
2019-05-21
1
Oral Order
2019-05-21
1
No Actions
Discovery Conference
2019-05-21
1
No Actions
REDACTED VERSION of 243 Letter by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 05/22/2019)
2019-05-22
1
REDACTED VERSION of 235 Letter by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 05/22/2019)
2019-05-22
1
REDACTED VERSION of 250 Letter by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-5)(Phillips, John) (Entered: 05/24/2019)
2019-05-24
1
NOTICE to Take Deposition of Andrew Georgiadis on 5/29/2019 filed by Guardant Health, Inc..(Farnan, Michael) (Entered: 05/24/2019)
2019-05-24
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
REDACTED VERSION of 263 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-5)(Farnan, Brian) (Entered: 05/29/2019)
2019-05-29
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
REDACTED VERSION of 241 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-9)(Farnan, Brian) (Entered: 05/30/2019)
2019-05-30
1
REDACTED VERSION of 256 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 05/30/2019)
2019-05-30
1
Oral Order
2019-05-30
1
No Actions
Order Setting Teleconference
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
Motion Hearing
2019-06-03
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - The Court held a teleconference to address the parties' discovery dispute, (D.I. 255 ), and Plaintiffs Motion to File an Amended Complaint, (D.I. 225 ). The Court heard argument regarding the matters and took the matters under advisement. The Court granted Plaintiff's request to seal the transcript from the teleconference, and ordered the parties to follow the Court's procedures regarding redactions to the transcript. (Court Reporter Ellie Corbett (Veritext). Clerk: M. Crawford)Appearances: M. Farnan, E. Reines, D. Walter for Plaintiff; D. Bilson, S. Larson, J. Re for Defendant. (mlc)
2019-06-03
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendant's request that Plaintiff be compelled to remove its redactions to Defendant's Amended Answer to Second Amended Complaint, Affirmative Defenses and Counterclaims ("Amended Answer and Counterclaims") (the "Motion"), (D.I. 255 ), and the parties' letter briefs relating thereto, (D.I. 250; D.I. 263), and having heard argument on June 3, 2019, HEREBY GRANTS Defendant's Motion for the following reasons: (1) The redactions at issue, (D.I. 263, ex. 5), are clearly related to Defendant's inequitable conduct and antitrust counterclaims. The content that Plaintiff seeks to redact relates to the alleged conduct of Plaintiff's founder while employed by another company, and Defendant cogently explains why such conduct, inter alia, is evidence of Plaintiff's inequitable conduct and demonstrates the motive behind the inequitable conduct. (See, e.g., D.I. 250, ex. 2 at 19-29); (2) "[T]here is a strong presumption in favor of public access to all judicial records and documents, including transcripts, evidence, pleadings, and other materials submitted by litigants." Mosaid Techs. Inc. v. LSI Corp., 878 F. Supp. 2d 503, 507 (D. Del. 2012) (internal quotation marks and citation omitted). Federal Rule of Civil Procedure 26(c) does permit a party to seek an order to prevent the disclosure of, inter alia, "embarrass[ing]" information contained in (for example) a pleading. Fed. R. Civ. P. 26(c). However, the party seeking such an order must "show good cause by demonstrating a particular need for protection[,]" and "[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test." Cipollone v. Liggett Grp., Inc., 785 F.2d 1108, 1121 (3d Cir. 1986). "[A]n applicant... whose chief concern is embarrassment must demonstrate that the embarrassment will be particularly serious.... to succeed, a business will have to show with some specificity that the embarrassment resulting from dissemination of the information would cause a significant harm to its competitive and financial position." Id. Plaintiff has not even attempted to make such a showing. It has not provided any affidavits establishing that such embarrassment will result from disclosure of the currently-redacted allegations at issue, nor has it put forward any concrete examples in support of such a claim. See Medicines Co. v. Teva Parenteral Meds., Inc., C.A. No. 09-750-ER, 2011 WL 3290291, at *9-10 (D. Del. June 30, 2011) (finding that plaintiff failed to meet its burden of demonstrating that it would suffer particularly serious embarrassment if the disputed redactions in a pleading were disclosed to the public, where its "conclusory arguments" were "not supported by affidavit or concrete examples").; (3) Lastly, while Plaintiff suggested that the Court should wait to rule on this issue until after it has resolved Plaintiff's intended forthcoming motion to strike, filed pursuant to Federal Rule of Civil Procedure 12(f), the Court sees no reason to do so. It so concludes both because: (a) the claims and defenses in a federal civil case are generally made public in a timely fashion; and (b) the standard to prevail on such a motion to strike will be even more difficult for Plaintiff to meet than the standard at issue here, see The Penn Mut. Life Ins. Co. v. Norma Espinosa 2007-1 Ins. Trust, C.A. No. 09-300-LPS, 2011 WL 710970, at *4 (D. Del. Feb. 22, 2011) (explaining that even if the challenged material is scandalous, a Rule 12(f) "motion to strike should not be granted, unless the allegations have no possible relation to the controversy and will prejudice the adverse party"). Ordered by Judge Christopher J. Burke on 6/4/2019. (mlc) (Entered: 06/04/2019)
2019-06-04
1
Oral Order
2019-06-04
1
No Actions
SO ORDERED
2019-06-04
1
No Actions
~Util - Set Scheduling Order Deadlines
2019-06-04
1
No Actions
SO ORDERED D.I. 274 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
AMENDED DOCUMENT by Personal Genome Diagnostics, Inc.. Amendment to 227 Redacted Document Amended version of redacted Amended Answer to Second Amended Complaint and Counterclaims (amended pursuant to the Court's June 4, 2019 oral order (D.I. 275)). (Phillips, John) (Entered: 06/05/2019)
2019-06-05
1
ORAL ORDER: The Court, having considered Plaintiff's "Motion to File A[] [Third] Amended Complaint" (the "Motion"), (D.I. 225 ), and the parties' letter briefs relating thereto, (D.I. 226; D.I. 243; D.I. 256), and having heard argument on June 3, 2019, HEREBY GRANTS Plaintiff's Motion for the following reasons: (1) Defendant primarily argues that Plaintiff's motion should be denied because its proposed Third Amended Complaint is futile, in that it fails to sufficiently plead willful infringement. (D.I. 243 at 2-3) "[I]n assessing futility of a proposed amendment, the same standard of legal sufficiency as under Rule 12(b)(6) is applied." Cornell Univ. v. Illumina, Inc., C.A. No. 10-433-LPS-MPT, 2017 WL 89165, at *3 (D. Del. Jan. 10, 2017) (internal quotation marks and citation omitted). "[I]n order to sufficiently plead willful infringement, a plaintiff must allege facts plausibly showing that as of the time of the claim's filing, the accused infringer: (1) knew of the patent-in-suit; (2) after acquiring that knowledge, it infringed the patent; and (3) in doing so, it knew, or should have known, that its conduct amounted to infringement of the patent." Valinge Innovation AB v. Halstead New England Corp., Civil Action No. 16-1082-LPS-CJB, 2018 WL 2411218, at *13 (D. Del. May 29, 2018). Plaintiff's willful infringement allegations are not futile because they plausibly allege that: (a) Defendant knew of the '731 patent and Plaintiff's three other relevant patent applications as of July 2017 (and, relatedly, knew of those three other patents as of the dates they issued); and (b) Defendant falsely claimed that it did not learn of all four of patents-in-suit until the date of Plaintiff's respective complaints -- a claim that was "designed to conceal [Defendant's] willful infringement." (D.I. 226, ex. B at 11-14) These pleaded facts, plus certain other alleged facts suggesting that Defendant was thereafter willfully infringing valid patents, are enough to meet Plaintiff's burden.; (2) Plaintiff's Motion comes after the deadline for amendments to pleadings set out in the Scheduling Order, (D.I. 25), and Plaintiff must therefore show good cause to modify the schedule. Fed. R. Civ. P. 16(b)(4); Meda Pharms. Inc. v. Teva Pharms. USA, Inc., C.A. No. 15-785-LPS, 2016 WL 6693113, at *1 (D. Del. Nov. 14, 2016). Plaintiff has demonstrated good cause here, where its newly-proposed willful infringement allegations are largely based on deposition testimony from Dr. Velculescu, a founder of Defendant, that was given on April 19, 2019, several months after the deadline for amendments to pleadings. (D.I. 226 at 1-2; D.I. 256 at 1-2); (3) Lastly, with respect to Defendant's argument that Plaintiff's proposed amended pleading "is futile and prejudicial" to Defendant because it breaches the parties' agreement that Guardant "will not argue to a jury that the fact that [Defendant withdrew] its petitions for [post-grant review of certain asserted patents] is evidence that the challenged patents are valid" or that Defendant "acted improperly by filing or withdrawing the petitions[,]" (D.I. 243 at 1 (emphasis omitted)), the Court makes no ruling on what the jury can or cannot be told with respect to the agreement at this time. The Court would find that Plaintiff's willfulness allegations are not futile, even setting aside the allegations relating to Defendant's withdrawal of its petitions for post-grant review. If necessary, the Court can take up the issue later in the case when it has a more fully developed record on the issue. Ordered by Judge Christopher J. Burke on 6/5/2019. (mlc) (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
Oral Order
2019-06-05
1
No Actions
NOTICE of Intent to Request Redaction of Transcript of certain portions of the transcript of May 20, 2019 teleconference with Judge Burke by Personal Genome Diagnostics, Inc. re Discovery Conference, (Bilson, David) (Entered: 06/06/2019)
2019-06-06
1
[SEALED] Third AMENDED COMPLAINT against Personal Genome Diagnostics, 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: 06/10/2019)
2019-06-10
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 John C. Phillips, Jr. regarding in response to Plaintiff's June 5, 2019 discovery dispute letter - re 278 Letter. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 06/11/2019)
2019-06-11
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to Plaintiff's June 11, 2019 letter re IPR proceeding - re 281 Letter. (Phillips, John) (Entered: 06/11/2019)
2019-06-11
1
[SEALED] ANSWER to Amended Complaint, re: 280 Amended Complaint, with Jury Demand Affirmative Defenses and, COUNTERCLAIM against Guardant Health, Inc. by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 06/13/2019)
2019-06-13
1
[SEALED] MOTION to Dismiss for Failure to State a Claim - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Motions referred to Christopher J. Burke.(Farnan, Michael) (Entered: 06/13/2019)
2019-06-13
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's June 11, 2019 Letter - re 283 Letter. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 06/13/2019)
2019-06-13
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
[SEALED] MOTION [Defendant Personal Genome Diagnostics, Inc.'s Unopposed Motion to Redact Transcript of discovery dispute conference held with the Court on May 20, 2019] (Transcript does not appear on docket) - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 06/14/2019)
2019-06-14
1
Oral Order
2019-06-14
1
No Actions
Official Transcript of Telephone Conference held on June 3, 2019 before Judge Christopher J. Burke. Court Reporter Veritext Reporting Service, Telephone number (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 7/8/2019. Redacted Transcript Deadline set for 7/18/2019. Release of Transcript Restriction set for 9/16/2019. (bpg) (Entered: 06/17/2019)
2019-06-17
1
Official Transcript of Case Management Conference held on May 20, 2019 before Judge Christopher J. Burke. Court Reporter John Donnelly of Veritext Legal Solutions, Telephone number (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 7/8/2019. Redacted Transcript Deadline set for 7/18/2019. Release of Transcript Restriction set for 9/16/2019. (bpg) (Entered: 06/17/2019)
2019-06-17
1
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Guardant's June 13, 2019 letter - re 286 Letter. (Phillips, John) (Entered: 06/17/2019)
2019-06-17
1
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
ORDER granting D.I. 288 MOTION [Defendant Personal Genome Diagnostics, Inc.'s Unopposed Motion to Redact Transcript of discovery dispute conference held with the Court on May 20, 2019]. Signed by Judge Christopher J. Burke on 6/19/2019. (mlc) (Entered: 06/19/2019)
2019-06-19
1
REDACTED VERSION of 280 Amended Complaint, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Michael) (Entered: 06/19/2019)
2019-06-19
1
REDACTED VERSION of 280 Amended Complaint, by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Michael) (Entered: 06/19/2019)
2019-06-19
2
Redacted version of 290 Transcript (dlb) (Entered: 06/20/2019)
2019-06-20
1
REDACTED VERSION of 284 Answer to Amended Complaint, Counterclaim by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 06/20/2019)
2019-06-20
1
REDACTED VERSION of 288 MOTION [Defendant Personal Genome Diagnostics, Inc.'s Unopposed Motion to Redact Transcript of discovery dispute conference held with the Court on May 20, 2019] (Transcript does not appear on docket) by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Bilson, David) (Entered: 06/21/2019)
2019-06-21
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Conference. (Farnan, Brian) (Entered: 06/24/2019)
2019-06-24
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Addressing Dispute Over Antitrust Claim. (Farnan, Brian) (Entered: 06/24/2019)
2019-06-24
1
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' June 24, 2019 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 298) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), 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 7/2/2019 at 03:00 PM before Judge Christopher J. Burke. (3) By no later than June 26, 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 June 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 6/24/2019. (dlb) (Entered: 06/24/2019)
2019-06-24
1
ORAL ORDER: The Court, having reviewed the parties' June 24, 2019 letter requesting a briefing process to address the parties' dispute over whether discovery on Defendant's antitrust claims should be postponed, (D.I. 299 ), HEREBY ORDERS that Plaintiff shall file an opening letter brief of no more than 5 pages to be followed, seven days later, by Defendant's responsive letter of no more than five pages. Ordered by Judge Christopher J. Burke on 6/24/2019. (mlc) (Entered: 06/24/2019)
2019-06-24
1
Oral Order
2019-06-24
1
No Actions
Order Setting Teleconference
2019-06-24
1
No Actions
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
Letter to Judge Burke from Brian Farnan regarding Bifurcation. (Farnan, Brian) (Additional attachment(s) added on 6/27/2019: # 1 Exhibit 1) (dlb). (Entered: 06/26/2019)
2019-06-26
1
[SEALED] Letter re: Discovery Dispute to Judge Burke from Brian Farnan. (Attachments: # 1 Exhibit, # 2 Exhibit)(Farnan, Brian) Modified on 6/27/2019 (dlb). (Entered: 06/26/2019)
2019-06-26
1
STIPULATION regarding Plaintiff's Answer to Defendant's Counterclaims re 284 Answer to Amended Complaint, Counterclaim by Guardant Health, Inc.. (Farnan, Brian) (Entered: 06/27/2019)
2019-06-27
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
[SEALED] ANSWERING BRIEF in Opposition re 285 MOTION to Dismiss for Failure to State a Claim filed by Personal Genome Diagnostics, Inc..Reply Brief due date per Local Rules is 7/5/2019. (Attachments: # 1 Exhibits 1-4)(Phillips, John) (Entered: 06/27/2019)
2019-06-27
1
Order Setting Teleconference
2019-06-27
1
No Actions
SO ORDERED
2019-06-27
1
No Actions
SO ORDERED D.I. 306 Stipulation that Plaintiffs previously filed Motion to Dismiss (D.I. 285) Count XII of Defendants counterclaims for unenforceability based on inequitable conduct with respect to the 992 Patent shall serve as Plaintiffs response to Defendants Counterclaims set forth in its June 13, 2019 Answer to Third Amended Complaint, Affirmative Defenses And Counterclaims (D.I. 284). Ordered by Judge Christopher J. Burke on 6/27/2019. (dlb)
2019-06-27
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Letter in Opposition to Guardant's Motion to Compel Production of Privileged Notes and Communications. (Attachments: # 1 Exhibit 1)(Phillips, John) (Entered: 06/28/2019)
2019-06-28
1
[SEALED] DECLARATION re 309 Letter, of Sam Angiuoli In Support of PGDX's Opposition to Guardant's Motion to Compel by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 06/28/2019)
2019-06-28
1
MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 07/01/2019)
2019-07-01
1
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Plaintiff's request that the Court order Defendant to produce drafts and communications relating to notes that Dr. Samuel Angiuoli used during his court-ordered supplemental 30(b)(6) deposition (the "Motion"), (D.I. 311 ), and the parties' letter briefs relating thereto, (D.I. 305, 309), HEREBY DENIES Plaintiff's Motion, and in so doing, states as follows: (1) Plaintiff argues that Defendant waived attorney client privilege and work product protection over prior drafts and correspondence related to Dr. Angiuoli's notes by producing the notes to Plaintiff during the deposition. (D.I. 305 at 2-3) It is Plaintiff's burden to demonstrate that a waiver has occurred. See, e.g., Rockwell Automation, Inc. v. Radwell Int'l, Inc., Civil No. 15-5246(RBK/JS), 2019 WL 1864198, at *3 (D.N.J. Apr. 25, 2019) ("The party alleging that a waiver [of work product] occurred has the burden of proof on the waiver issue."); New Jersey Mfrs. Ins. Co. v. Brady, CIVIL ACTION NO. 3:15-CV-02236, 2017 WL 264457, at *8 (M.D. Pa. Jan. 20, 2017) (noting that in the circumstance at play here, "the party challenging the privilege bears the burden of demonstrating that a waiver of the attorney-client privilege has occurred").; (2) Plaintiff's Motion is premised on the view that Dr. Angiuoli's notes constitute a "written script prepared by counsel[.]" (D.I. 305 at 2) However, the record does not bear this out. Dr. Angiuoli submitted a Declaration in which he explains that: (a) he prepared notes (which were about a page and a half long) in advance of his supplemental deposition in consultation with Defendant's attorney to ensure that his testimony would satisfy Defendant's obligations under the Court's order requiring the supplemental deposition; (b) he never relied on his notes or drafts thereof to refresh his recollection; (c) he read the notes on the record in response to a request from Plaintiff's attorney to refer to the relevant portion of the notes; and (d) he answered the vast majority of Plaintiff's counsel's questions without referring to the notes. (D.I. 310; see also D.I. 309 at 1-2) (3) Plaintiff asserts that the facts here are similar to those in In re Neurontin Antitrust Litig., MDL Docket No. 1479, 2011 WL 253434 (D.N.J. Jan. 25, 2011). (D.I. 305 at 2-3) In that case, the Court found that the defendants waived work product protection by handing over a 46-page outline created entirely by litigation counsel for a Rule 30(b)(6) witness, who was not permitted to testify without the outline and added nothing beyond what was in the outline. Id. at *9-10, *17. As described above, the record here is much different from the facts of Neurontin. (D.I. 309 at 2-3); (4) Plaintiff also suggests that the drafts and communications relating to Dr. Angiuoli's notes should be turned over under the three-part test set out in Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985) for obtaining documents used by a witness prior to testifying. (D.I. 305 at 2 & n.6) Under that test: (a) the witness must use the writing to refresh his memory; (b) the witnesses must use the writing for the purpose of testifying; and (c) the court must determine that production is necessary in the interests of justice. Sporck, 759 F.2d at 317. However, Dr. Angiuoli did not rely on his notes (nor any drafts or communications relating to the notes) to refresh his recollection. (D.I. 309 at 3; D.I. 310 at 3); (5) While the caselaw suggests that generally, if a witness brings a document to a deposition and reads or refers to part of it, the witness must turn over only the parts that he or she reads or refers to, (see, e.g., S & A Painting Co. v. O.W.B. Corp., 103 F.R.D. 407, 409 (W.D. 1984); D.I. 309 at 2), Plaintiff has not pointed the Court to any case where a court permitted a party to take discovery regarding prior drafts of such notes or the witness's communications with his attorneys in order to prepare the notes under the circumstances at play here. (6) Today's 3:00 p.m. teleconference is CANCELLED. 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
Oral Order
2019-07-02
1
No Actions
Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding PGD's Opposition to Plaintiff's Motion to Bifurcate - re 304 Letter. (Phillips, John) (Entered: 07/03/2019)
2019-07-03
1
REPLY BRIEF re 285 MOTION to Dismiss for Failure to State a Claim filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 07/05/2019)
2019-07-05
1
REDACTED VERSION of 309 Letter, and Exhibit 1 Thereto by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1)(Bilson, David) (Entered: 07/05/2019)
2019-07-05
1
REDACTED VERSION of 310 Declaration by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 07/05/2019)
2019-07-05
1
REDACTED VERSION of 308 Answering Brief in Opposition, and Exhibits 1 - 4 by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1 - 4)(Bilson, David) (Entered: 07/05/2019)
2019-07-05
1
NOTICE to Take Deposition of Gangwu Mei on July 11, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 07/08/2019)
2019-07-08
1
REDACTED VERSION of 285 MOTION to Dismiss for Failure to State a Claim by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-2)(Farnan, Brian) (Entered: 07/08/2019)
2019-07-08
1
REDACTED VERSION of 285 MOTION to Dismiss for Failure to State a Claim by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-2)(Farnan, Brian) (Entered: 07/08/2019)
2019-07-08
2
REDACTED VERSION of 286 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 07/08/2019)
2019-07-08
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Oral Argument - re 304 Letter. (Farnan, Brian) (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] 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 323 Letter by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-9)(Bilson, David) (Entered: 07/16/2019)
2019-07-16
1
ORAL ORDER: The Court hereby orders as follows regarding Plaintiffs motion to stay and bifurcate Defendants antitrust counterclaims (the motion): (1) Telephonic argument shall be held on July 23, 2019 at 11:30am regarding the motion. Plaintiff shall initiate the call to 302-573-4595.; (2) For the Courts administrative purposes, Plaintiff shall file a one-page document entitled Motion to Stay and Bifurcate Defendants Antitrust Counterclaims by July 18, 2019. Ordered by Judge Christopher J. Burke on 7/16/2019. (dlb) (Entered: 07/16/2019)
2019-07-16
1
MOTION to Stay and Bifurcate Defendant's Antitrust Counterclaims - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 07/16/2019)
2019-07-16
1
Order Setting Hearing on Motion
2019-07-16
1
No Actions
REDACTED VERSION of 305 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-2)(Farnan, Brian) (Entered: 07/17/2019)
2019-07-17
1
REDACTED VERSION of 305 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits 1-2)(Farnan, Brian) (Entered: 07/17/2019)
2019-07-17
2
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s [CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY] Third Supplemental Responses and Objections to Guardant Health, Inc.'s First Set of Interrogatories (No. 5) filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 07/17/2019)
2019-07-17
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
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 (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
ORAL ORDER:The Court, having considered Plaintiff's "Motion to Stay and Bifurcate Defendant's Antitrust Counterclaims" (the "Motion"), (D.I. 327 ), and the parties' letter briefs relating thereto, (D.I. 304, 314), and having heard argument on July 23, 2019, HEREBY DENIES Plaintiff's Motion for the following reasons: (1) The party moving for bifurcation bears the burden of establishing that it is appropriate. Sepracor Inc. v. Dey L.P., Civil Action No. 06-113-JJF, 2010 WL 2802611, at *3 (D. Del. July 15, 2010). The standard for bifurcation is set forth in Federal Rule of Civil Procedure 42(b), and pursuant to that rule, courts, when exercising their broad discretion as to whether to bifurcate issues for trial, should consider whether bifurcation will avoid prejudice, conserve judicial resources, and enhance juror comprehension of the issues presented in the case. Id. Furthermore, when deciding whether an issue should be bifurcated, courts must ensure that a litigant's constitutional right to a jury is preserved. Shum v. Intel Corp., 499 F.3d 1272, 1276 (Fed. Cir. 2007).; (2) Five months ago, Plaintiff agreed to extend Defendant's deadline to amend its defenses and counterclaims relating to the Complaint to May 3, 2019. (D.I. 140) On April 19, 2019, Defendant timely moved to file its Amended Answer to Second Amended Complaint, Affirmative Defenses and Counterclaims ("Amended Answer"), which sets forth, inter alia, Walker Process antitrust counterclaims. (D.I. 203 at 1) In that motion, Defendant explained that grant of its motion would not cause undue prejudice to Plaintiff because, inter alia: (a) the antitrust counterclaims would require little additional discovery; (b) the parties had already engaged in considerable discovery regarding the relevant market in connection with Plaintiff's damages claims; and (c) to the extent Plaintiff required additional discovery, Defendant would agree to a reasonable extension. (D.I. 203 at 2-3) In Plaintiff's April 26, 2019 response, Plaintiff did not oppose Defendant's request to amend its pleading; moreover, although Plaintiff referenced the subject of discovery in that letter, it made no assertion therein that any discovery-related concerns would cause it undue prejudice were amendment granted. (D.I. 210 at 1) Four days later, on April 30, 2019, Defendant filed its Amended Answer. (D.I. 217) Yet now, with the instant Motion, Plaintiff claims that because only 15 days were left in the discovery period when Defendant filed its Amended Answer, that was too late. (D.I. 304 at 3 (Plaintiff asserting that considerations of prejudice to it justify bifurcation and stay of Defendant's antitrust counterclaims because Defendant "raised its antitrust counterclaims with just 15 days left in the fact discovery period, leaving no time for the parties to conduct any meaningful discovery related [to] these claims")) Plaintiff's late-arriving concerns regarding the scope of discovery on Defendant's antitrust counterclaims suggests that allowing the antitrust counterclaims to proceed forward would not truly be highly prejudicial to Plaintiff.; (3) In its discovery dispute letter, one of Plaintiff's most significant arguments (indeed, its primary argument, which it repeated throughout) was that bifurcation is warranted here because Defendant's antitrust counterclaims will be moot if Defendant cannot first prove that Plaintiff committed inequitable conduct. (D.I. 304 at 1, 3, 5) Under precedent of the Supreme Court of the United States, however, when factual issues common to both legal and equitable claims are involved in a single case, the legal claims must be determined by the jury prior to any final court determination of the equitable claims. See Shum, 499 F.3d at 1277. Defendant's inequitable conduct defense is an equitable claim, while its antitrust counterclaims are legal in nature; yet these claims share common factual elements. See Schering Corp. v. Mylan Pharms. Inc., Civil Action No. 09-6383 (JLL), 2010 WL 11474547, at *1 (D.N.J. June 10, 2010). Both claims, for example, rely on allegations of misrepresentation to the United States Patent Office during patent prosecution. (D.I. 314 at 3); Schering, 2010 WL 11474547, at *1. Thus, it appears that bifurcation of Defendant's antitrust counterclaims would violate Defendant's right to a trial by jury on such claims, because it would require the Court to resolve Defendant's inequitable conduct defense prior to Defendant's antitrust counterclaims. (D.I. 314 at 1-3); Schering, 2010 WL 11474547, at *1; Celgene Corp. v. Barr Labs., Inc., Civil Action No. 07-286 (SDW), 2008 WL 2447354, at *2-3 (D.N.J. June 13, 2008).; and (4) It does not appear to be in dispute that there would be substantial overlap between Defendant's antitrust counterclaims and its defenses of inequitable conduct and improper inventorship. (D.I. 304 at 5; D.I. 314 at 4) There also appears to be some overlap between the monopoly power issues relevant to Defendant's antitrust counterclaims and the facts Plaintiff would need to prove regarding damages about the relevant market. In light of this, the Court is not convinced that bifurcation at this stage would promote the efficient use of judicial resources. See, e.g., Malibu Boats, LLC v. MasterCraft Boat Co., No. 3:16-CV-82-TAV-HBG, 2016 WL 8317032, at *2 (E.D. Tenn. Oct. 28, 2016) (denying motion to bifurcate and stay discovery on antitrust counterclaim where, inter alia, "because both the impending antitrust counterclaim and the patent unenforceability counterclaim will turn in large part upon the same alleged 'inequitable conduct' of Malibu employees before the USPTO, there is likely to be significant evidentiary overlap between the patent and antitrust issues" and therefore "bifurcation at this juncture would not promote judicial economy, reduce jury confusion, or conserve resources"); Procter & Gamble Co. v. CAO Grp., No. 1:13-cv-337, 2013 WL 6061103, at *3 (S.D. Ohio Nov. 18, 2013) ("While bifurcating and staying the antitrust issues would certainly reduce the requisite discovery, there is a substantial overlap between the patent [issues, i.e., an inequitable conduct affirmative defense] and antitrust claims, and overlap weighs strongly in favor of consolidated discovery and trial."); Masimo Corp. v. Mindray DS USA Inc., Case No.: SACV 12-02206-CJC(JPRx), 2013 WL 12129654, at *7 (C.D. Cal. July 17, 2013) (finding that bifurcation and a stay of discovery regarding defendant's antitrust claims was not warranted where "[t]here are significant overlapping issues between the patent and antitrust claims" and thus "[t]he determination of each will likely involve similar issues and evidence"). Ordered by Judge Christopher J. Burke on 7/23/2019. (mlc) (Entered: 07/23/2019)
2019-07-23
1
Oral Order
2019-07-23
1
No Actions
Oral Argument
2019-07-23
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Telephonic oral argument held on 7/23/2019 regarding D.I. 327 MOTION to Stay and Bifurcate Defendant's Antitrust Counterclaims filed by Guardant Health, Inc. The Court will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: M. Farnan, E. Reines, D. Walter for Plaintiff; J. Phillips, W. Zimmerman, S. Larson, J. Re for Defendant Personal Genome Diagnostics, Inc.; K. Jacobs, M. Marandett, M. Ives for Foundation Medicine, Inc. (mlc)
2019-07-23
1
No Actions
NOTICE OF SERVICE of Expert Report of Bradley N. Reiff and Opening Expert Report of Olivier Harismendy, Ph.D. filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 07/25/2019)
2019-07-25
1
NOTICE OF SERVICE of (i) Expert Report of Stephen L. Becker, Ph.D. with Regard to Personal Genome Diagnostics, 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
OBJECTIONS by Guardant Health, Inc. to 332 Oral Order,,,,,,,,,,,,,,,,,,,,,,,,,,,, . (Attachments: # 1 Certification of Compliance)(Farnan, Michael) (Entered: 08/06/2019)
2019-08-06
1
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. 338). It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 25), 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 1:00 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 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
Joint STATUS REPORT by Foundation Medicine, Inc.. (Tigan, Jeremy) (Entered: 08/15/2019)
2019-08-15
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding September 4, 2019 Hearing - re 339 Order Setting Teleconference,,,,,. (Farnan, Brian) (Entered: 08/20/2019)
2019-08-20
1
RESPONSE TO OBJECTIONS by Personal Genome Diagnostics, Inc. re 336 Objections Defendant's Response to Plaintiff's Objections to Magistrate Judge's July 23, 2019 Order (D.I. 332). (Attachments: # 1 Exhibit 1)(Bilson, David) (Entered: 08/20/2019)
2019-08-20
1
ORAL ORDER: The Court, having reviewed the parties August 20, 2019 letter, (D.I. 342), hereby ORDERS that the discovery dispute teleconference set for September 4, 2019 at 1:00pm is CANCELED. Ordered by Judge Christopher J. Burke on 8/21/2019. (dlb) (Entered: 08/21/2019)
2019-08-21
1
Oral Order
2019-08-21
1
No Actions
1 - Terminate Deadlines and Hearings
2019-08-21
1
No Actions
~Util - Terminate Motions
2019-08-21
1
No Actions
[SEALED] NOTICE of Subsequent Activity Concerning Guardant's Motion to Dismiss (D.I. 285) by Guardant Health, Inc. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 08/22/2019)
2019-08-22
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to Plaintiff's Notice of Subsequent Activity - re 345 Notice (Other). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillips, John) (Main Document 346 replaced on 8/23/2019) (dlb). (Entered: 08/23/2019)
2019-08-23
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
Oral Order
2019-08-29
1
No Actions
Order Setting Teleconference
2019-08-29
1
No Actions
REDACTED VERSION of 346 Letter, by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 08/30/2019)
2019-08-30
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding subsequent authority re: claim construction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Phillips, John) (Entered: 09/03/2019)
2019-09-03
1
Official Transcript of Telephone Conference held on July 23, 2019 before Judge Christopher J. Burke. Court Reporter Valerie Gunning, Telephone number (302) 573-6194. 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 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019. (bpg) (Entered: 09/04/2019)
2019-09-04
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
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) (Entered: 09/06/2019)
2019-09-06
1
NOTICE OF SERVICE of [OUTSIDE ATTORNEYS' EYES ONLY] Non-Infringement Report of Olivier Harismendy, Ph.D. and [HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY] Rebuttal Expert Report of Justin V. Lewis filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 09/09/2019)
2019-09-09
1
NOTICE OF SERVICE of (i) Expert Rebuttal Report of Gregory Cooper, Ph.D. and (ii) Expert Rebuttal Report of Stephen L. Becker, Ph.D. filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 09/09/2019)
2019-09-09
1
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to PGDx's September 3, 2019 IPR Letter - re 351 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Farnan, Michael) (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
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) (Entered: 09/11/2019)
2019-09-11
1
REDACTED VERSION of 351 Letter by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1-2)(Phillips, John) (Entered: 09/11/2019)
2019-09-11
1
[SEALED] Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Response to Plaintiffs' September 9, 2019 and September 10, 2019 Letters - re 358 Letter, 357 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Phillips, John) (Entered: 09/11/2019)
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
Remark
2019-09-12
1
No Actions
Set/Reset Deadlines
2019-09-12
1
No Actions
CORRECTING ENTRY: The PDF for Exhibits attached to Letter at D.I. 362 has been replaced. (dlb)
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
[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
[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
REDACTED VERSION of 361 Letter, by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 09/18/2019)
2019-09-18
1
SO ORDERED
2019-09-18
1
No Actions
~Util - Set Scheduling Order Deadlines
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 358 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B)(Farnan, Brian) (Entered: 09/20/2019)
2019-09-20
1
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 Gregory Cooper, Ph.D. and (ii) Expert Reply Report of Stephen L. Becker, Ph.D. filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 09/25/2019)
2019-09-25
1
NOTICE OF SERVICE of (1) [CONFIDENTIAL - OUTSIDE ATTORNEYS' ONLY] Reply Expert Report of Olivier Harismendy, Ph.D.; and (2) [CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY] Expert Reply Report of Bradley N. Reiff filed by Personal Genome Diagnostics, Inc..(Bilson, David) (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
~Util - Set Scheduling Order Deadlines
2019-09-30
1
No Actions
Oral Order
2019-09-30
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Eric S. Hochstadt - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 10/01/2019)
2019-10-01
1
Add Attorneys - PHV only
2019-10-02
1
No Actions
SO ORDERED
2019-10-02
1
No Actions
SO ORDERED D.I. 382 MOTION for Pro Hac Vice Appearance of Attorney Eric S. Hochstadt filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 10/2/2019. (dlb)
2019-10-02
1
No Actions
Pro Hac Vice Attorney Eric S. Hochstadt 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. (sam)
2019-10-02
1
No Actions
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
NOTICE to Take Deposition of Stephen L. Becker, Ph.D. on November 5-7, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 10/03/2019)
2019-10-03
1
NOTICE to Take Deposition of Gregory Cooper, Ph.D. on October 15-17, 2019 filed by Personal Genome Diagnostics, Inc..(Phillips, John) (Entered: 10/03/2019)
2019-10-03
1
NOTICE to Take Deposition of Bradley Reiff on October 23, 2019 filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 10/04/2019)
2019-10-04
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) (Entered: 10/11/2019)
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
NOTICE of Amendment to Third-Party Subpoena to Wilson, Sonsini, Goodrich & Rosati by Personal Genome Diagnostics, Inc. (Attachments: # 1 Exhibit A)(Bilson, David) (Entered: 10/16/2019)
2019-10-16
1
NOTICE of Amendment to Third-Party Subpoena to Vern Norviel by Personal Genome Diagnostics, Inc. (Attachments: # 1 Exhibit A)(Bilson, David) (Entered: 10/16/2019)
2019-10-16
1
REQUEST for Oral Argument by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 10/16/2019)
2019-10-16
1
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
SO ORDERED
2019-10-21
1
No Actions
SO ORDERED D.I. 390 MOTION for Pro Hac Vice Appearance of Attorney Doug W. McClellan filed by Guardant Health, Inc. Ordered by Judge Christopher J. Burke on 10/21/2019. (dlb)
2019-10-21
1
No Actions
Official Transcript of discovery dispute telephone conference held on September 16, 2019 before Judge Burke. Court Reporter/Transcriber Valerie_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
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
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
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: 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
Oral Order
2019-10-29
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) (Entered: 11/01/2019)
2019-11-01
1
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
[SEALED] NOTICE of [Defendant Personal Genome Diagnostics, Inc.'s Notice of Subpoena to Google LLC] by Personal Genome Diagnostics, Inc. (Bilson, David) (Entered: 11/05/2019)
2019-11-05
1
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
REDACTED VERSION of 404 Notice (Other) [Defendant Personal Genome Diagnostics, Inc.'s Notice of Subpoena to Google LLC] by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 11/11/2019)
2019-11-11
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
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 Conference: A Telephone Conference is set for 12/2/2019 at 11:45 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 (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
2
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 409 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 Personal Genome Diagnostics, Inc..Reply Brief due date per Local Rules is 12/2/2019. (Attachments: # 1 Exhibits 1-2)(Bilson, David) (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). (Entered: 11/26/2019)
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 409 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 11:45 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/3/2019. (dlb) (Main Document 426 replaced 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
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
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
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
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
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.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Phillips, John) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] OPENING BRIEF in Support re 430 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..Answering Brief/Response due date per Local Rules is 12/26/2019. (Phillips, John) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION re 430 MOTION for Summary Judgment of No Infringement of All Patents-in-Suit and Invalidity of U.S. Patent No. 9,840,743 [Declaration of Olivier Harismendy] by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1 - 3)(Phillips, John) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] DECLARATION re 430 MOTION for Summary Judgment of No Infringement of All Patents-in-Suit and Invalidity of U.S. Patent No. 9,840,743 [Declaration of Baraa Kahf] by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 4 - 17)(Phillips, John) (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
MOTION to Preclude the Testimony of Dr. Bradley Reiff - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Michael) (Entered: 12/10/2019)
2019-12-10
1
Joint MOTION for Summary Judgment of Invalidity - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Tigan, Jeremy) (Entered: 12/10/2019)
2019-12-10
1
[SEALED] OPENING BRIEF in Support re 435 MOTION to Preclude the Testimony of Dr. Bradley Reiff, 434 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
OPENING BRIEF in Support re 436 Joint MOTION for Summary Judgment of Invalidity filed by Personal Genome Diagnostics, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Tigan, Jeremy) (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
[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
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 (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 431 Opening Brief in Support, by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 12/18/2019)
2019-12-18
1
REDACTED VERSION of 432 Declaration, by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 12/18/2019)
2019-12-18
1
REDACTED VERSION of 433 Declaration, by Personal Genome Diagnostics, Inc.. (Bilson, David) (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: 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
Remark: The hearing on case dispositive and Daubert motions scheduled for January 23, 2020 at 1:00 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
Remark
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
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Status Report. (Farnan, Michael) (Entered: 12/23/2019)
2019-12-23
1
[SEALED] ANSWERING BRIEF in Opposition re 435 MOTION to Preclude the Testimony of Dr. Bradley Reiff, 434 MOTION for Summary Judgment filed by Personal Genome Diagnostics, Inc..Reply Brief due date per Local Rules is 1/9/2020. (Phillips, John) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re 453 Answering Brief in Opposition, of Dr. Bradley Reiff by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 1-3)(Phillips, John) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] DECLARATION re 453 Answering Brief in Opposition, of Stephen W. Larson by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibits 4-32)(Phillips, John) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 434 MOTION for Summary Judgment filed by Personal Genome Diagnostics, Inc..Reply Brief due date per Local Rules is 1/9/2020. (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 /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
MOTION to Strike Personal Genome Diagnostics, Inc.'s Prosecution History Estoppel Arguments - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Letter Brief in Support of - re 463 MOTION to Strike Personal Genome Diagnostics, Inc.'s Prosecution History Estoppel Arguments. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 01/02/2020)
2020-01-02
1
[SEALED] ANSWERING BRIEF in Opposition re 436 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 430 MOTION for Summary Judgment of No Infringement of All Patents-in-Suit and Invalidity of U.S. Patent No. 9,840,743 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] 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 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 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) (Entered: 01/07/2020)
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
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding response to Plaintiff's motion to strike - re 463 MOTION to Strike Personal Genome Diagnostics, Inc.'s Prosecution History Estoppel Arguments. (Attachments: # 1 Exhibit 1 - 6)(Phillips, John) (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 464 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibits A-B)(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
REDACTED VERSION of 453 Answering Brief in Opposition, by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of 454 Declaration by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 01/10/2020)
2020-01-10
1
REDACTED VERSION of 455 Declaration by Personal Genome Diagnostics, Inc.. (Phillips, John) (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 481 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 Karen Jacobs regarding Summary Judgment Hearing. (Jacobs, Karen) (Entered: 01/13/2020)
2020-01-13
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply Letter in Support of Motion to Strike Prosecution History Estoppel Defense - re 463 MOTION to Strike Personal Genome Diagnostics, Inc.'s Prosecution History Estoppel Arguments. (Attachments: # 1 Exhibit C, # 2 Exhibit D)(Farnan, Brian) (Entered: 01/13/2020)
2020-01-13
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Teleconference on Plaintiff's Motion to Strike (D.I. 463) - re 463 MOTION to Strike Personal Genome Diagnostics, Inc.'s Prosecution History Estoppel Arguments. (Farnan, Brian) (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
[SEALED] REPLY BRIEF re 436 Joint MOTION for Summary Judgment of Invalidity filed by Personal Genome Diagnostics, 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 In Support of Defendant Personal Genome Diagnostics, Inc.'s Motion for Summary Judgment of No Infringement of U.S. Patent Nos. 9,598,731, 9,834,822, 9,902,992, and 9,840,743 and Invalidity of U.S. Patent No. 9,840,743 filed by Personal Genome Diagnostics, Inc.. (Phillips, John) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] Supplemental DECLARATION re 495 Reply Brief, by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 18 - 19)(Phillips, John) (Entered: 01/16/2020)
2020-01-16
1
MOTION to Strike New Infringement Theories - filed by Personal Genome Diagnostics, Inc.. Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike New Infringement Theories - re 497 MOTION to Strike New Infringement Theories. (Attachments: # 1 Exhibit 1 - 5)(Bilson, David) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] REPLY BRIEF re 434 MOTION for Summary Judgment filed by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/16/2020)
2020-01-16
1
[SEALED] REPLY BRIEF re 435 MOTION to Preclude the Testimony of Dr. Bradley Reiff, 434 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 472 Letter, by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1 - 6)(Bilson, David) (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
REDACTED VERSION of 489 Letter, by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/22/2020)
2020-01-22
1
Remark
2020-01-22
1
No Actions
Remark: Report and Recommendation at D.I. 470 has been unsealed. (dlb)
2020-01-22
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's Motion to Strike - re 497 MOTION to Strike New Infringement Theories. (Farnan, Brian) (Entered: 01/23/2020)
2020-01-23
1
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 498 Letter, by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of 495 Reply Brief, by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of 496 Declaration by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 01/24/2020)
2020-01-24
1
REDACTED VERSION of 500 Reply Brief by Guardant Health, Inc.. (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
[SEALED] Letter to The Honorable Christopher J. Burke from David A. Bilson regarding Reply Letter in Support of Defendant Personal Genome Diagnostics, Inc.s Motion to Strike New Infringement Theories - re 497 MOTION to Strike New Infringement Theories. (Bilson, David) (Entered: 01/27/2020)
2020-01-27
1
Letter to The Honorable Christopher J. Burke from David A. Bilson regarding Requesting Teleconference on Personal Genome Diagnostics, Inc.s Motion to Strike - re 497 MOTION to Strike New Infringement Theories. (Bilson, David) (Entered: 01/27/2020)
2020-01-27
1
- CORRECTING ENTRY
2020-01-27
1
No Actions
CORRECTING ENTRY: Redacted documents filed at D.I. 517 & 518 were removed from the docket per request of counsel. (ntl)
2020-01-27
1
No Actions
ORAL ORDER Setting Teleconference regarding D.I. 497 MOTION to Strike New Infringement Theories: A teleconference is set for 2/24/2020 at 2:00 PM before Judge Christopher J. Burke. Counsel for Defendant shall initiate the call to 302-573-4595. Ordered by Judge Christopher J. Burke on 1/28/2020. (dlb) (Entered: 01/28/2020)
2020-01-28
1
Order Setting Hearing on Motion
2020-01-28
1
No Actions
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
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
[SEALED] NOTICE of Lodging by Personal Genome Diagnostics, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Phillips, John) (Entered: 01/29/2020)
2020-01-29
1
REDACTED VERSION of 507 Letter by Guardant Health, Inc.. (Farnan, Brian) (Entered: 01/30/2020)
2020-01-30
1
REDACTED VERSION of 517 Letter, by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 02/03/2020)
2020-02-03
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
NOTICE requesting Clerk to remove Karen Vogel Weil as co-counsel. Reason for request: Retired. (Bilson, David) (Entered: 02/06/2020)
2020-02-06
1
REDACTED VERSION of 522 Notice (Other) [Notice of Lodging] by Personal Genome Diagnostics, Inc.. (Bilson, David) (Entered: 02/06/2020)
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
[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
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
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
Order
2020-02-19
1
No Actions
~Util - Set Deadlines/Hearings
2020-02-19
1
No Actions
Set/Reset Hearings
2020-02-19
1
No Actions
Set Hearings: An Oral Argument is set for 4/14/2020 at 2:00 PM in Courtroom 6B before Judge Leonard P. Stark. (ntl)
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
ORAL ORDER: The Court, having considered Defendant's Motion to Strike New Infringement Theories, (D.I. 497), and the parties' briefing relating thereto, (D.I. 498; D.I. 507; D.I. 517), hereby ORDERS that it will resolve the motion on the papers, and today's teleconference is hereby cancelled. Ordered by Judge Christopher J. Burke on 2/24/2020. (dlb) (Entered: 02/24/2020)
2020-02-24
1
Oral Order
2020-02-24
1
No Actions
1 - Terminate Deadlines and Hearings
2020-02-24
1
No Actions
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
NOTICE to Take Deposition of Vern Norviel (Amended) on April 9, 2020 filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 02/27/2020)
2020-02-27
1
NOTICE to Take Deposition of Jeffrey J. Seidel (Amended) on March 24, 2020 filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 02/27/2020)
2020-02-27
1
NOTICE OF SERVICE of Defendant Personal Genome Diagnostics, Inc.'s Second Supplemental Initial Disclosures filed by Personal Genome Diagnostics, Inc..(Bilson, David) (Entered: 03/16/2020)
2020-03-16
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
Order
2020-03-19
1
No Actions
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) (Entered: 03/23/2020)
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
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 284 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
[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
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
Telephone Conference
2020-04-22
1
No Actions
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
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) (Entered: 04/23/2020)
2020-04-23
1
MOTION to Strike 545 Answer to Counterclaim [Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike Guardant Health, Inc.'s Affirmative Defenses] - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Phillips, John) (Entered: 04/27/2020)
2020-04-27
1
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Opening letter in support of Defendant's Motion to Strike Affirmative Defenses - re 552 MOTION to Strike 545 Answer to Counterclaim [Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike Guardant Health, Inc.'s Affirmative Defenses]. (Attachments: # 1 Exhibit 1 - 6)(Phillips, John) (Entered: 04/27/2020)
2020-04-27
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
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
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
SO ORDERED D.I. 556 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
[SEALED] OBJECTIONS by Personal Genome Diagnostics, Inc. to 550 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 . (Attachments: # 1 Certification)(Bilson, David) (Entered: 05/04/2020)
2020-05-04
1
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Letter Brief in Opposition to Motion to Strike - re 552 MOTION to Strike 545 Answer to Counterclaim [Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike Guardant Health, Inc.'s Affirmative Defenses]. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/04/2020)
2020-05-04
1
[SEALED] OBJECTION to 550 Report and Recommendations by Guardant Health, Inc.. (Farnan, Michael) (Entered: 05/04/2020)
2020-05-04
1
STATEMENT re 561 Objection to Report and Recommendations Certification Pursuant to Standing Order For Objections Filed Under Fed. R. Civ. P. 72 by Guardant Health, Inc.. (Farnan, Michael) (Entered: 05/04/2020)
2020-05-04
1
REDACTED VERSION of 553 Letter, by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit 1 - 6)(Bilson, David) (Entered: 05/04/2020)
2020-05-04
1
Remark
2020-05-04
1
No Actions
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 550 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
Letter to The Honorable Christopher J. Burke from David A. Bilson regarding Reply Letter in Support of Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike Guardant Health, Inc.'s Affirmative Defenses. (Bilson, David) (Entered: 05/07/2020)
2020-05-07
1
Letter to The Honorable Christopher J. Burke from David A. Bilson regarding Request for teleconference on Motion to Strike Affirmative Defenses. (Bilson, David) (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
ORAL ORDER Setting Teleconference regarding D.I. 552 MOTION to Strike Plaintiffs Answer to Counterclaim: A teleconference is set for 5/18/2020 at 3:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/8/2020. (dlb) (Entered: 05/08/2020)
2020-05-08
1
ORAL ORDER: Having reviewed the parties' joint status report of April 28 (see C.A. No. 17-1616 D.I. 424), IT IS HEREBY ORDERED that the PGDx trial is RESCHEDULED to begin on October 29, 2020. The pretrial conference will be on October 9, 2020 beginning at 3:30 p.m. The final pretrial order is due on October 2, 2020. ORDERED by Judge Leonard P. Stark on 5/8/20. (ntl) (Entered: 05/08/2020)
2020-05-08
1
Order Setting Hearing on Motion
2020-05-08
1
No Actions
Order
2020-05-08
1
No Actions
~Util - Set Deadlines/Hearings
2020-05-08
1
No Actions
REDACTED VERSION of 559 Objections, by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certification)(Bilson, David) (Entered: 05/11/2020)
2020-05-11
1
REDACTED VERSION of 560 Letter, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/11/2020)
2020-05-11
1
REDACTED VERSION of 561 Objection to Report and Recommendations by Guardant Health, Inc.. (Farnan, Michael) (Entered: 05/11/2020)
2020-05-11
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. 568 REPORT AND RECOMMENDATION (mlc) (Entered: 05/15/2020)
2020-05-15
1
MOTION for Pro Hac Vice Appearance of Attorney Adam Powell - filed by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Certification of Adam Powell)Motions referred to Christopher J. Burke.(Bilson, David) (Entered: 05/15/2020)
2020-05-15
1
SO ORDERED D.I. 579 MOTION for Pro Hac Vice Appearance of Attorney Adam Powell filed by Personal Genome Diagnostics, Inc.. Ordered by Judge Christopher J. Burke on 5/15/2020. (dlb)
2020-05-15
1
No Actions
SO ORDERED
2020-05-15
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 5/18/2020 regarding D.I. 552 MOTION to Strike 545 Answer to Counterclaim [Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike Guardant Health, Inc.'s Affirmative Defenses] filed by Personal Genome Diagnostics, Inc. The Court took the matter under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) 17-1623 Motion to Strike: D.I. 552Valerie Gunning - court reporter Appearances: B. Farnan, E. Reines and J. Constant for Plaintiff; J. Phillips, A. Powell, S. Larson, J. Re and B. Zimmerman for Defendant. (mlc)
2020-05-18
1
No Actions
Motion Hearing
2020-05-18
1
No Actions
[SEALED] RESPONSE TO OBJECTIONS by Personal Genome Diagnostics, Inc. re 561 Objection to Report and Recommendations . (Attachments: # 1 Exhibit A)(Bilson, David) (Entered: 05/19/2020)
2020-05-19
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re 559 Objections, . (Farnan, Michael) (Entered: 05/19/2020)
2020-05-19
1
ORAL REPORT AND RECOMMENDATIONS: The Court, having reviewed Defendant's motion to strike four affirmative defenses asserted by Plaintiff against Defendant's antitrust counterclaims ("Motion"), (D.I. 552), the briefing related thereto, (D.I. 553; D.I. 560; D.I. 566), and having heard oral argument on May 18, 2020 ("Tr."), hereby issues this Report and Recommendation: (1) With regard to the Second Affirmative Defense ("Procompetitive Benefits") and the Ninth Affirmative Defense ("Speculative Damages"), (D.I. 545 at 20-22), the Court RECOMMENDS GRANT of the Motion. A Court may strike a defense pursuant to Federal Rule of Civil Procedure 12(f) if the insufficiency of the defense is clearly apparent. Cipollone v. Liggett Grp., Inc., 789 F.2d 181, 188 (3d Cir. 1986). As to the Procompetitive Benefits defense, Plaintiff has articulated the defense as being focused on the "procompetitive benefits of its superior product, first-mover advantage, market leadership, and benefits to free-riding competitors." (D.I. 560 at 4) But as the Court understands the law as to this type of affirmative defense/justification for monopolization, as it has been set out by the United States Court of Appeals for the Third Circuit, it is the alleged "exclusionary conduct" at issue in Defendant's antitrust counterclaims as to which Plaintiff must demonstrate a legitimate business justification." LePage's Inc. v. 3M, 324 F.3d 141, 163-64 (3d Cir. 2003); see also Broadcom Corp. v. Qualcomm Inc., 501 F.3d 297, 318 (3d Cir. 2007). And in this case, that conduct is the enforcement of allegedly fraudulently-obtained patents, not the other conduct that Plaintiff references (set out above). (That said, Plaintiff is otherwise free to use this above-referenced "procompetitive benefits" evidence in combating Defendant's proof as to Defendant's case-in-chief, that is, to "show [Defendant] has not established anticompetitive effects" with regard to Defendant's antitrust counterclaims.). (D.I. 566 at 2; Tr. at 17) And as to the Speculative Damages defense, that is not a proper affirmative defense because: (a) an affirmative defense precludes liability even if all of the elements of the opposing party's claim were proven true; and (b) this "defense" does not do that, but instead is a way of asserting that Defendant has not sufficiently met its burden of proof as to an element of its claims (i.e., as to a showing of antitrust injury). See NR Grp. 3 Contractors, Inc. v. Grp. 3 Contractors, LLC, Case No. 17-21945-Civ-SCOLA/TORRES, 2017 WL 7792718, at *4-5 (S.D. Fla. Sept. 26, 2017); Manley v. Boat/U.S. Inc., Case No. 13-cv-5551, 2016 WL 1213731, at *5 (N.D. Ill. Mar. 29, 2016). (That said, Plaintiff may certainly make these arguments in "argu[ing Defendant's] damages are speculative[.]"). (D.I. 566 at 2); (2) With regard to the Fifth Affirmative Defense (Failure to Mitigate Damages), (D.I. 545 at 21), this is an actual affirmative defense and Defendant does not move to strike it on substantive grounds; instead, it argues that the defense should be stricken for Plaintiff's failure to timely disclose it. To that end, the defense was not timely disclosed, as Plaintiff never responded to Defendants Interrogatory No. 14 (served in April 2019) by listing the defense, and Plaintiff never otherwise provided clear notice of the defense (neither via its questioning of Defendant's expert, nor in it summary judgment briefing, nor otherwise) until it filed its Answer listing the defense a year later in April 2020. (D.I. 553 at 1-2; D.I. 560 at 2) Plaintiff should have given notice of the defense before that (and to this day, it has not updated its response to Interrogatory No. 14). Despite this, the Court concludes that the Pennypack factors militate in favor of permitting the defense to proceed forward, as: (a) the defense was pleaded in Plaintiffs Answer in April 2020, which was the first pleading in which Plaintiff could have asserted the defense; (b) that Answer was filed many months prior to the current trial date; and (c) this affirmative defense will not engender the need for any significant amount of further discovery. (Tr. at 9, 28) So the Court RECOMMENDS DENIAL of the Motion as to this defense.; (3) With regard to the Tenth Affirmative Defense ("Noerr-Pennington Immunity"), (D.I. 545 at 22), although this (otherwise legitimate) affirmative defense was also not referenced in Plaintiff's answer to Interrogatory No. 14, for the same reasons as stated above as to the Fifth Affirmative Defense, the Court concludes that the Pennypack factors do not warrant exclusion. And as for the parties' legal dispute as to whether it is proper for Plaintiff to assert this defense to combat Defendant's claim that Plaintiff has monopoly power, (D.I. 553 at 3; D.I. 560 at 5), the briefing is not fulsome, and Defendant has not convinced the Court that it is "clearly apparent" that the defense is wrongly asserted here. Therefore, the Court RECOMMENDS DENIAL of the Motion as to this defense.; (4) As to the Fifth and Tenth Affirmative Defenses, Plaintiff shall supplement its response to Defendant's Interrogatory No. 14 by no later than two weeks from today's date, and shall provide meaningful detail therein regarding the nature of these two defenses. 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 6/4/2020. Ordered by Judge Christopher J. Burke on 5/21/2020. (dlb) (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
[SEALED] OBJECTIONS by Personal Genome Diagnostics, Inc. to 568 REPORT AND RECOMMENDATIONS re (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 . (Attachments: # 1 Exhibit A, # 2 Certification)(Phillips, John) (Entered: 05/21/2020)
2020-05-21
1
Report and Recommendations
2020-05-21
1
No Actions
REDACTED VERSION of 581 Response to Objections by Guardant Health, Inc.. (Farnan, Michael) (Entered: 05/27/2020)
2020-05-27
1
STIPULATION Concerning Motion to Strike and Deadline for Redacted Objection by Guardant Health, Inc.. (Farnan, Brian) (Entered: 05/27/2020)
2020-05-27
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
REDACTED VERSION of 584 Objections, by Personal Genome Diagnostics, Inc.. (Attachments: # 1 Exhibit A, # 2 Certification)(Phillips, John) (Entered: 05/28/2020)
2020-05-28
1
MOTION to Strike Certain Portions of Defendant's Response to Guardant's Objection to the April 22, 2020 Report and Recommendation - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/29/2020)
2020-05-29
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Letter Brief in Support of Motion to Strike - re 589 MOTION to Strike Certain Portions of Defendant's Response to Guardant's Objection to the April 22, 2020 Report and Recommendation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Farnan, Brian) (Entered: 05/29/2020)
2020-05-29
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
NOTICE OF SERVICE of Guardant Health, Inc.'s Supplemental Responses and Objections to Personal Genome Diagnostics, Inc.'s Second Set of Interrogatories (Nos. 12-14) filed by Guardant Health, Inc..(Farnan, Brian) (Entered: 06/04/2020)
2020-06-04
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re 584 Objections, . (Farnan, Brian) (Entered: 06/04/2020)
2020-06-04
1
OBJECTIONS by Personal Genome Diagnostics, Inc. to 582 REPORT AND RECOMMENDATIONS re 552 MOTION to Strike 545 Answer to Counterclaim [Defendant Personal Genome Diagnostics, Inc.'s Motion to Strike Guardant Health, Inc.'s Affirmative Defenses] filed by Personal Genome Diagnosti . (Attachments: # 1 Exhibit A, # 2 Certification)(Phillips, John) (Entered: 06/04/2020)
2020-06-04
1
SO ORDERED, re 586 Stipulation concerning motion to strike and deadline for redacted objection filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 6/4/20. (ntl)
2020-06-04
1
No Actions
SO ORDERED
2020-06-04
1
No Actions
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Letter in Response to Plaintiff's Motion to Strike and Seal - re 590 Letter,. (Attachments: # 1 Exhibits 1-5)(Phillips, John) (Entered: 06/05/2020)
2020-06-05
1
STIPULATION Concerning Redacted Motion to Strike and Seal Filings re 589 MOTION to Strike Certain Portions of Defendant's Response to Guardant's Objection to the April 22, 2020 Report and Recommendation by Guardant Health, Inc.. (Farnan, Brian) (Entered: 06/08/2020)
2020-06-08
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply Letter Brief in Support of Motion to Strike - re 589 MOTION to Strike Certain Portions of Defendant's Response to Guardant's Objection to the April 22, 2020 Report and Recommendation. (Farnan, Brian) (Entered: 06/08/2020)
2020-06-08
1
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Argument - re 589 MOTION to Strike Certain Portions of Defendant's Response to Guardant's Objection to the April 22, 2020 Report and Recommendation. (Farnan, Brian) (Entered: 06/08/2020)
2020-06-08
1
REDACTED VERSION of 593 Response to Objections by Guardant Health, Inc.. (Farnan, Brian) (Entered: 06/11/2020)
2020-06-11
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
[SEALED] Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Defendant's Request for Leave to File Sur-Reply - re 589 MOTION to Strike Certain Portions of Defendant's Response to Guardant's Objection to the April 22, 2020 Report and Recommendation, 595 Letter. (Attachments: # 1 Exhibit A)(Phillips, John) (Entered: 06/12/2020)
2020-06-12
1
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's Request for Leave to file a Sur-Reply - re 601 Letter,. (Farnan, Brian) (Entered: 06/15/2020)
2020-06-15
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 530 Transcript per the Court's Order at D.I. 603. (dlb) (Entered: 06/17/2020)
2020-06-17
1
[SEALED] RESPONSE TO OBJECTIONS by Guardant Health, Inc. re 594 Objections, . (Farnan, Brian) (Entered: 06/18/2020)
2020-06-18
1
SO ORDERED, re 596 STIPULATION Concerning Redacted Motion to Strike and Seal Filings filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 6/18/20. (ntl)
2020-06-18
1
No Actions
SO ORDERED
2020-06-18
1
No Actions
NOTICE of Subsequent Authority by Guardant Health, Inc. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 06/19/2020)
2020-06-19
1
NOTICE of Subsequent Authority by Guardant Health, Inc. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 06/19/2020)
2020-06-19
2
NOTICE of Defendant Personal Genome Diagnostics, Inc.'s Response to Guardant's Notice of Subsequent Authority by Personal Genome Diagnostics, Inc. re 606 Notice (Other) (Phillips, John) (Entered: 06/22/2020)
2020-06-22
1
REDACTED VERSION of 605 Response to Objections by Guardant Health, Inc.. (Farnan, Brian) (Entered: 06/26/2020)
2020-06-26
1
[SEALED] Joint STIPULATION Regarding Case Management by Guardant Health, Inc.. (Farnan, Brian) (Entered: 07/17/2020)
2020-07-17
1
SO ORDERED
2020-07-20
1
No Actions
SO ORDERED, re 609 Joint STIPULATION Regarding Case Management filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 7/20/20. (ntl)
2020-07-20
1
No Actions
[SEALED] STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/04/2020)
2020-08-04
1
ORAL ORDER: IT IS HEREBY ORDERED that a further status report is due by 8/12/20. ORDERED by Judge Leonard P. Stark on 8/6/20. (ntl) (Entered: 08/06/2020)
2020-08-06
1
Order
2020-08-06
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Michael Hendershot - filed by Guardant Health, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 08/12/2020)
2020-08-12
1
[SEALED] STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/12/2020)
2020-08-12
1
SO ORDERED
2020-08-13
1
No Actions
SO ORDERED D.I. 612 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
REDACTED VERSION of 609 Stipulation by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/14/2020)
2020-08-14
1
REDACTED VERSION of 610 Status Report by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/14/2020)
2020-08-14
1
ORAL ORDER: IT IS HEREBY ORDERED that a further status report is due by 8/19/20. ORDERED by Judge Leonard P. Stark on 8/17/20. (ntl) (Entered: 08/17/2020)
2020-08-17
1
Order
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
REDACTED VERSION of 613 Status Report by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/19/2020)
2020-08-19
1
[SEALED] STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/19/2020)
2020-08-19
1
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report is due 8/26/20. ORDERED by Judge Leonard P. Stark on 8/20/20. (ntl) (Entered: 08/20/2020)
2020-08-20
1
Order
2020-08-20
1
No Actions
REDACTED VERSION of 618 Status Report by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/26/2020)
2020-08-26
1
[SEALED] STATUS REPORT by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/27/2020)
2020-08-27
1
STIPULATION of Dismissal by Guardant Health, Inc.. (Farnan, Brian) (Entered: 08/31/2020)
2020-08-31
1
CASE CLOSED (ntl)
2020-08-31
1
No Actions
Terminate Case - Civil
2020-09-01
1
No Actions
REDACTED VERSION of 621 Status Report by Guardant Health, Inc.. (Farnan, Brian) (Entered: 09/04/2020)
2020-09-04
1