Illumina, Inc. v. Guardant Health, Inc.
1:22-cv-00334
Overview
Case Number
1:22-cv-00334
Filing Date
2022-03-17
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
Gregory B. Williams
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3826466.) - filed by Illumina, Inc.. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-II, # 5 Civil Cover Sheet)(mpb) (Entered: 03/17/2022)
2022-03-17
1
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3826466.) - filed by Illumina, Inc.. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-II, # 5 Civil Cover Sheet)(mpb) (Entered: 03/17/2022)
2022-03-17
2
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3826466.) - filed by Illumina, Inc.. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-II, # 5 Civil Cover Sheet)(mpb) (Entered: 03/17/2022)
2022-03-17
2
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3826466.) - filed by Illumina, Inc.. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-II, # 5 Civil Cover Sheet)(mpb) (Entered: 03/17/2022)
2022-03-17
2
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3826466.) - filed by Illumina, Inc.. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-II, # 5 Civil Cover Sheet)(mpb) (Entered: 03/17/2022)
2022-03-17
2
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3826466.) - filed by Illumina, Inc.. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-P, # 3 Exhibit Q-Z, # 4 Exhibit AA-II, # 5 Civil Cover Sheet)(mpb) (Entered: 03/17/2022)
2022-03-17
2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) (Entered: 03/17/2022)
2022-03-17
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) See Attached. (mpb) (Entered: 03/17/2022)
2022-03-17
1
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Illumina, Inc.. (mpb) (Entered: 03/17/2022)
2022-03-17
1
PRAECIPE filed by Andrew Colin Mayo on behalf of Illumina, Inc. requesting Clerk to issue complaint and related papers for service pursuant to 10 Del. Code Section 3114 (Mayo, Andrew) (Entered: 03/17/2022)
2022-03-17
1
SUMMONS Returned Executed by Illumina, Inc.. Guardant Health, Inc. served on 3/17/2022, answer due 4/7/2022. (Mayo, Andrew) (Entered: 03/17/2022)
2022-03-17
1
SUMMONS Returned Executed by Illumina, Inc.. Helmy Eltoukhy served on 3/17/2022, answer due 4/7/2022. (Mayo, Andrew) (Entered: 03/17/2022)
2022-03-17
1
SUMMONS Returned Executed by Illumina, Inc.. AmirAli Talasaz served on 3/17/2022, answer due 4/7/2022. (Mayo, Andrew) (Entered: 03/17/2022)
2022-03-17
1
No Summons Issued
2022-03-17
1
No Actions
No Summons Issued. (mpb)
2022-03-17
1
No Actions
Postal Receipt(s) for the mailing of process to Guardant Health, Inc. (nmg) (Entered: 03/22/2022)
2022-03-22
1
Postal Receipt(s) for the mailing of process to AmirAli Talasaz. (nmg) (Entered: 03/22/2022)
2022-03-22
1
Postal Receipt(s) for the mailing of process to Helmy Eltoukhy. (nmg) (Entered: 03/22/2022)
2022-03-22
1
Case Assigned/Reassigned
2022-03-23
1
No Actions
Case Assigned to Vacant Judgeship (2022). Please include the initials of (VAC) after the case number on all documents filed. (rjb)
2022-03-23
1
No Actions
ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 3/24/2022. (etg) (Entered: 03/24/2022)
2022-03-24
1
VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) (Entered: 03/24/2022)
2022-03-24
1
Oral Order
2022-03-24
1
No Actions
Return of Service Executed by Illumina, Inc.. AmirAli Talasaz served on 3/25/2022, answer due 4/18/2022. (mpb) (Entered: 04/01/2022)
2022-04-01
1
Return of Service Executed by Illumina, Inc.. Guardant Health, Inc. served on 3/25/2022, answer due 4/18/2022. (mpb) (Entered: 04/01/2022)
2022-04-01
1
Return of Service Executed by Illumina, Inc.. Helmy Eltoukhy served on 3/25/2022, answer due 4/18/2022. (mal) (Entered: 04/04/2022)
2022-04-01
1
STIPULATION TO EXTEND TIME to Answer Complaint to June 6, 2022 - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Lennon, James) (Entered: 04/07/2022)
2022-04-07
1
~Util - Set/Reset Answer Deadline AND SO ORDERED
2022-04-07
1
No Actions
SO ORDERED re 17 STIPULATION TO EXTEND TIME to Answer Complaint to June 6, 2022 (Set/Reset Answer Deadlines: Helmy Eltoukhy answer due 6/6/2022; Guardant Health, Inc. answer due 6/6/2022; AmirAli Talasaz answer due 6/6/2022). ORDERED by Judge Maryellen Noreika on 4/7/2022. (dlw)
2022-04-07
1
No Actions
Joint STIPULATION TO EXTEND TIME to Consent or Not Consent to have Case Assigned to US a Magistrate to 05/23/2022 - filed by Guardant Health, Inc.. (Lennon, James) (Entered: 05/16/2022)
2022-05-16
1
SO ORDERED
2022-05-17
1
No Actions
SO ORDERED re 18 Joint STIPULATION TO EXTEND TIME to Consent or Not Consent to have Case Assigned to US a Magistrate to 05/23/2022. ORDERED by Judge Maryellen Noreika on 5/17/2022. (dlw)
2022-05-17
1
No Actions
NOTICE of Appearance by Daniel M. Silver on behalf of Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz (Silver, Daniel) (Entered: 05/23/2022)
2022-05-23
1
NOTICE of Appearance by Alexandra M. Joyce on behalf of Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz (Joyce, Alexandra) (Entered: 05/23/2022)
2022-05-23
1
STIPULATION TO EXTEND TIME the parties' deadline to indicate agreement or disagreement to the consent of the above mentioned case being assigned to a United States Magistrate Judge to May 27, 2022 - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 05/23/2022)
2022-05-23
1
NOTICE of WITHDRAWAL OF COUNSEL by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz re 20 Notice of Appearance, 19 Notice of Appearance (Lennon, James) (Entered: 05/24/2022)
2022-05-24
1
SO ORDERED, re 21 STIPULATION TO EXTEND TIME the parties' deadline to indicate agreement or disagreement to the consent of the above mentioned case being assigned to a United States Magistrate Judge to May 27, 2022 filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Signed by Judge Colm F. Connolly on 5/24/22. (ntl) (Entered: 05/24/2022)
2022-05-24
1
MOTION for Pro Hac Vice Appearance of Attorney Jane M. Love, Ph.D., John T. Cox III, Sophia A. Vandergrift, Greta B. Williams, Brian A. Rosenthal, Orin Snyder, and Grace E. Hart - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Morgan Stanley, Other Affiliate FMR, LLC for Guardant Health, Inc. filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
MOTION to Transfer Case to the Northern District of California - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1. Certification)(Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
OPENING BRIEF in Support re 26 MOTION to Transfer Case to the Northern District of California filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.Answering Brief/Response due date per Local Rules is 6/8/2022. (Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
STIPULATION and [Proposed] Order Regarding Motion to Dismiss Briefing by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Lack of Jurisdiction Over the Person, MOTION to Dismiss for Failure to State a Claim - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
OPENING BRIEF in Support re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.Answering Brief/Response due date per Local Rules is 6/8/2022. (Silver, Daniel) (Main Document 30 replaced on 6/21/2022) (dlb). (Entered: 05/25/2022)
2022-05-25
1
DECLARATION re 30 Opening Brief in Support, 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Attachments: # 1 Exhibit 1-6)(Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
1
DECLARATION re 30 Opening Brief in Support, 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Attachments: # 1 Exhibit 1-6)(Silver, Daniel) (Entered: 05/25/2022)
2022-05-25
2
SO ORDERED, re 28 STIPULATION and [Proposed] Order Regarding Motion to Dismiss Briefing filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Signed by Judge Colm F. Connolly on 5/26/22. (ntl) (Entered: 05/26/2022)
2022-05-26
1
SO ORDERED
2022-05-26
1
No Actions
Add Attorneys - PHV only
2022-05-26
1
No Actions
SO ORDERED, re 24 MOTION for Pro Hac Vice Appearance of Attorney Jane M. Love, Ph.D., John T. Cox III, Sophia A. Vandergrift, Greta B. Williams, Brian A. Rosenthal, Orin Snyder, and Grace E. Hart filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. ORDERED by Judge Colm F. Connolly on 5/26/22. (ntl)
2022-05-26
1
No Actions
Pro Hac Vice Attorney Jane M. Love, Brian A. Rosenthal, Orin Snyder, John T. Cox,Greta B. Williams, Grace E. Hart, and Sophia A. Vandergrift for Helmy Eltoukhy, Guardant Health, Inc., and AmirAli Talasaz 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. (mpb)
2022-05-26
1
No Actions
VAC Magistrate Non-Consent completed by the parties filed by Illumina, Inc.. (Balick, Steven) (Entered: 05/27/2022)
2022-05-27
1
Add Attorneys - PHV only
2022-05-27
1
No Actions
Pro Hac Vice Attorney John T. Cox for Helmy Eltoukhy, Guardant Health, Inc., and AmirAli Talasaz 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. (mpb)
2022-05-27
1
No Actions
ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Christopher J. Burke solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 5/31/22. (ntl) (Entered: 05/31/2022)
2022-05-31
1
STIPULATION Seeking to Extend Briefing Deadlines Regarding Motions to Transfer and to Dismiss, by Illumina, Inc.. (Balick, Steven) (Entered: 05/31/2022)
2022-05-31
1
Order Referring Case to Magistrate Judge
2022-05-31
1
No Actions
ORAL ORDER: At the time called for by Standing Order No. 2022-VAC-1, the parties shall meet and confer regarding the content of a proposed Scheduling Order, and shall submit such a proposed Scheduling Order to the Court. The proposed Scheduling Order shall be consistent with Judge Burke's form "Rule 16 Scheduling Order Non-Patent," which can be found on Judge Burke's portion of the District Court's website under the Forms tab: (www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). To the extent that the parties disagree as to portions of the proposed Scheduling Order, they may highlight those disagreements in bolded text in the Order and explain their respective positions in a joint letter, which shall not exceed three (3) single-spaced pages, and shall be filed along with the proposed Scheduling Order. After receiving these materials, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference. Ordered by Judge Christopher J. Burke on 6/1/2022. (dlb) (Entered: 06/01/2022)
2022-06-01
1
Oral Order
2022-06-01
1
No Actions
Remark
2022-06-01
1
No Actions
Remark re Newer Attorneys
2022-06-01
1
No Actions
REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb)
2022-06-01
1
No Actions
Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: CJB Standing Order re Copies (dlb)
2022-06-01
1
No Actions
Order Setting Briefing Schedule - open, ans, reply, surreply AND SO ORDERED
2022-06-02
1
No Actions
SO ORDERED D.I. 35 Stipulation re briefing schedule filed by Illumina, Inc. Ordered by Judge Christopher J. Burke on 6/1/2022. (dlb)
2022-06-02
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Jeffrey H. Lerner, Jeffrey M. Davidson, W. Kiersten Choi, Ph.D., Ellen Y. Choi, Ziwei (Kanu) Song, and Yiye (Yale) Fu - filed by Illumina, Inc.. (Mayo, Andrew) (Entered: 06/03/2022)
2022-06-03
1
STIPULATION Seeking to Extend the Deadline to Conduct a Rule 26(f) Conference, by Illumina, Inc.. (Balick, Steven) (Entered: 06/03/2022)
2022-06-03
1
SO ORDERED D.I. 38 Stipulation to Extend the Deadline to Conduct a Rule 26(f) Conference filed by Illumina, Inc. Ordered by Judge Christopher J. Burke on 6/3/2022. (mlc)
2022-06-03
1
No Actions
SO ORDERED
2022-06-03
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Justine Marie Goeke - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Attachments: # 1 Certification for Justine Marie Goeke)(Joyce, Alexandra) (Entered: 06/08/2022)
2022-06-08
1
- CORRECTING ENTRY
2022-06-21
1
No Actions
CORRECTING ENTRY: At the request of filer, the PDF at D.I. 30 has been replaced. (dlb)
2022-06-21
1
No Actions
ANSWERING BRIEF in Opposition re 26 MOTION to Transfer Case to the Northern District of California filed by Illumina, Inc..Reply Brief due date per Local Rules is 7/6/2022. (Balick, Steven) (Entered: 06/29/2022)
2022-06-29
1
ANSWERING BRIEF in Opposition re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Illumina, Inc..Reply Brief due date per Local Rules is 7/6/2022. (Balick, Steven) (Entered: 06/29/2022)
2022-06-29
1
STIPULATION and Proposed Order to Extend Deadline to Submit Proposed Scheduling Order to July 19, 2022 by Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 07/08/2022)
2022-07-08
1
SO ORDERED
2022-07-11
1
No Actions
SO ORDERED D.I. 42 Stipulation to Extend Deadline to Submit Proposed Scheduling Order to July 19, 2022 filed by Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 7/11/2022. (dlb)
2022-07-11
1
No Actions
SO ORDERED
2022-07-12
1
No Actions
SO ORDERED D.I. 39 MOTION for Pro Hac Vice Appearance of Attorney Justine Marie Goeke filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz, and D.I. 37 MOTION for Pro Hac Vice Appearance of Attorney Christopher N. Sipes, Jeffrey H. Lerner, Jeffrey M. Davidson, W. Kiersten Choi, Ph.D., Ellen Y. Choi, Ziwei (Kanu) Song, and Yiye (Yale) Fu filed by Illumina, Inc. Ordered by Judge Christopher J. Burke on 7/12/2022. (dlb)
2022-07-12
1
No Actions
Add Attorneys - PHV only
2022-07-13
1
No Actions
Pro Hac Vice Attorney Ellen Y. Choi for Illumina, 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. (mpb)
2022-07-13
1
No Actions
Add Attorneys - PHV only
2022-07-14
1
No Actions
Pro Hac Vice Attorney Jeffrey M. Davidson for Illumina, 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. (mpb)
2022-07-14
1
No Actions
Pro Hac Vice Attorney Ziwei Song for Illumina, 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. (mpb)
2022-07-14
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Trenton J. Van Oss - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Joyce, Alexandra) (Entered: 07/19/2022)
2022-07-19
1
Letter to The Honorable Christopher J. Burke from Steven J. Balick regarding the Parties' Joint Letter and Proposed Scheduling Order, Pursuant to D.I. 36. (Attachments: # 1 Text of Proposed Order)(Balick, Steven) (Entered: 07/19/2022)
2022-07-19
1
REPLY BRIEF re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 07/20/2022)
2022-07-20
1
REPLY BRIEF re 26 MOTION to Transfer Case to the Northern District of California filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 07/20/2022)
2022-07-20
1
NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production (Nos. 1-43) filed by Illumina, Inc..(Balick, Steven) (Entered: 07/20/2022)
2022-07-20
1
Add Attorneys - PHV only
2022-07-20
1
No Actions
Pro Hac Vice Attorney W. Kiersten Choi for Illumina, 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. (mpb)
2022-07-20
1
No Actions
ORAL ORDER: The Court has reviewed the parties' July 19, 2022 letter regarding case management and scheduling order disputes. A Case Management/Scheduling Teleconference is set for 8/8/2022 at 2:00 PM before Judge Christopher J. Burke. By no later than August 4, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 7/22/2022. (dlb) (Entered: 07/22/2022)
2022-07-22
1
Order Setting Scheduling Conference
2022-07-22
1
No Actions
REQUEST for Oral Argument by Illumina, Inc. re 26 MOTION to Transfer Case to the Northern District of California, 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim . (Balick, Steven) (Entered: 07/25/2022)
2022-07-25
1
REQUEST for Oral Argument by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz re 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim . (Silver, Daniel) (Entered: 07/26/2022)
2022-07-26
1
REQUEST for Oral Argument by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz re 26 MOTION to Transfer Case to the Northern District of California. (Silver, Daniel) (Entered: 07/26/2022)
2022-07-26
1
PROPOSED ORDER (Protective Order) by Illumina, Inc.. (Mayo, Andrew) (Entered: 08/03/2022)
2022-08-03
1
PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 8/4/2022. (dlb) (Entered: 08/04/2022)
2022-08-04
1
Minute Entry for proceedings held before Judge Christopher J. Burke - Case management/scheduling conference held on 8/15/2022. The Court heard argument regarding the parties' dispute with respect to paragraph 6 of the proposed Scheduling Order. The Court took the dispute under advisement and will issue a Scheduling Order resolving the dispute. (Court reporter: Deanna Warner; Law Clerk: M. Crawford)Appearances: S. Balick, J. Lerner, E. Choi, K. Song for Plaintiff; D. Silver, O. Snyder, J. Love, J. Goeke, G. Hart for Defendants. (dlb)
2022-08-15
1
No Actions
Scheduling Conference
2022-08-16
1
No Actions
ORAL ORDER: The Court, having reviewed the parties' proposed Scheduling Order ("SO"), (D.I. 44-1), and having discussed it with the parties during an August 15, 2022 teleconference, hereby ORDERS as follows: (1) The only disputed provision of the SO relates to paragraph 6, in which Defendants propose adding some deadlines for early disclosure and/or identification of additional information, more specifically that: (a) Plaintiff would, inter alia, be required to disclose by a date certain the "subject matter of the alleged trade secrets at issue in this litigation"; (b) Plaintiff would be required to serve by a date certain "inventorship disclosures"; and (c) the parties would be required to produce by a date certain "all documents evidencing the conception and reduction to practice of each patent claim identified by Plaintiff's initial inventorship disclosures." (Id. at 4) Plaintiff opposes this addition, but also offers that if it is to be included in the SO, Defendants should face certain obligations as well. (Id. at 3 & n.1) As a general matter, the Court does not see the wisdom of adding into an SO various deadlines for one side or the other to produce certain contentions or documents that the other side thinks are important to the case. In any civil case, each party will have aspects of the case that it thinks are more important than others, and if every time that was so, the SO had to include lots of specific deadlines for production of such contentions/documents, then SOs would be even longer than they are now, and things would get unwieldy. Instead, parties typically seek this information at whatever pace they think best during the discovery process (i.e., by propounding requests for production or interrogatories on those subjects). (D.I. 44 at 1); (2) For this reason, the Court rejects Defendants' request as it relates to inventorship disclosures and to documents evidencing conception or reduction to practice. This information can be pursued in discovery, and Defendants have not provided sufficient reason for the Court to place deadlines relating to these issues in the SO.; (3) That said, in the Court's experience, trade secret misappropriation litigation particularly in cases that are as heavily-litigated as this one is likely to be do tend to spawn an inordinate number of disputes over issues like: (a) What alleged trade secrets are truly at issue in the case?; (b) Have those alleged trade secrets been disclosed with sufficient specificity?; (c) Are the requests for discovery about the alleged misappropriation proportional to the needs of the case and/or unduly burdensome pursuant to Fed. R. Civ. P. 26?; and/or (d) How can trade secret misappropriation claims of the scope that we have here proceed efficiently and diligently toward trial? See, e.g. Boston Sci. Corp. v. Nevro Corp., Civil Action No. 16-1163-CFC-CJB (D. Del.) (D.I. 372; D.I. 397; D.I. 417; D.I. 545; D.I. 897; D.I. 898); see also DeRubeis v. Witten Techs., Inc., 244 F.R.D. 676, 679 (N.D. Ga. 2007) ("Trade secret cases present unique and difficult problems with respect to the timing and scope of discovery."). This is the rare type of case where the Court is persuaded that it makes sense to add additional disclosure deadlines into the SO (not unlike what our Court does in complex patent cases, via the setting of deadlines for infringement and invalidity contentions), to help better and earlier flesh out what is the current scope of the trade secret misappropriation case. This will permit the inevitable discovery disputes that follow to be better focused and to be addressed earlier than they might otherwise be, and help keep that part of the case on track. Nor does the Court agree with Plaintiffs suggestion, (D.I. 44 at 1-2), that the Court should allow discovery to proceed, wait to see what information Defendants produce about trade secret misappropriation, and then later have Plaintiff tell Defendants what its trade secret misrepresentation claims are really all about. That is not the way civil litigation is supposed to work. A plaintiff has the burden to actually articulate the contours of its claim with sufficient specificity at the beginning of the case -- so that thereafter, the parties can all have a good understanding of what that claim is (at least, as of now) and how discovery should proceed. See, e.g., Merck Sharp & Dohme Corp. v. Pfizer Inc., CIVIL ACTION No. 19-2011, 2021 WL 2646943, at *2 (E.D. Pa. June 28, 2021).; and (4) For these reasons, the Court will include edited portions of paragraph 6(a) from Defendants' proposal in the SO (which requires Plaintiff to further identify the trade secrets at issue by September 30, 2022), and will include a portion of Plaintiffs proposal in footnote 1 of paragraph 6 (which requires Defendants to identify certain documents Dr. Eltoukhy or Dr. Talasaz obtained that relate to the misappropriation claims by September 19, 2022). Both of these proposals will help to earlier crystalize the key issues regarding the trade secret misappropriation claims in this case, without unduly burdening either side. The Court has also removed some portions of the proposed paragraph 6 that it finds to be unduly burdensome or unnecessary at this stage. Ordered by Judge Christopher J. Burke on 8/17/2022. (dlb) (Entered: 08/17/2022)
2022-08-17
1
SCHEDULING ORDER: Joinder of Parties due by 1/20/2023. Amended Pleadings due by 1/20/2023. Fact Discovery completed by 10/13/2023. Opening Expert Reports due by 11/30/2023. Rebuttal Expert Reports due by 1/18/2024. Expert Discovery due by 3/28/2024. Status Report due by 10/12/2022. Dispositive Motions due by 4/10/2024. Claim Construction Opening Brief due by 4/5/2023. Claim Construction Answering Brief due by 5/3/2023. Claim Construction Reply Brief due by 5/24/2023. Claim Construction Surreply Brief due by 6/14/2023. Joint Claim Construction Brief due by 6/21/2023. See Order for further details and deadlines. All hearing dates are to be determined. Signed by Judge Christopher J. Burke on 8/17/2022. (dlb) (Entered: 08/17/2022)
2022-08-17
1
Oral Order
2022-08-17
1
No Actions
NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff's First Set of Requests for Production (Nos. 1-43) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 08/19/2022)
2022-08-19
1
SO ORDERED
2022-08-22
1
No Actions
SO ORDERED D.I. 43 MOTION for Pro Hac Vice Appearance of Attorney Trenton J. Van Oss filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 8/22/2022. (dlb)
2022-08-22
1
No Actions
Add Attorneys - PHV only
2022-08-23
1
No Actions
Pro Hac Vice Attorney Trenton J. Van Oss for Helmy Eltoukhy, Guardant Health, Inc., and AmirAli Talasaz 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. (mpb)
2022-08-23
1
No Actions
NOTICE OF SERVICE of Defendants' First Set of Requests for Production (Nos. 1-80) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 08/29/2022)
2022-08-29
1
NOTICE OF SERVICE of Defendants' First Set of Interrogatories to Plaintiff filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 09/01/2022)
2022-09-01
1
NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Joyce, Alexandra) (Entered: 09/07/2022)
2022-09-07
1
NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Rule 26(a)(1) filed by Illumina, Inc..(Balick, Steven) (Entered: 09/07/2022)
2022-09-07
1
Case Assigned/Reassigned
2022-09-08
1
No Actions
Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg)
2022-09-08
1
No Actions
STIPULATION TO EXTEND TIME to serve certain initial trade secret-related disclosures (see stipulation for details) to October 3 and October 14, 2022, respectively - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 09/11/2022)
2022-09-11
1
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. ORDERED by Judge Gregory B. Williams on 9/12/22. (ntl) (Entered: 09/12/2022)
2022-09-12
1
SO ORDERED
2022-09-12
1
No Actions
Order Referring Case to Magistrate Judge
2022-09-12
1
No Actions
SO ORDERED D.I. 61 STIPULATION TO EXTEND TIME to serve certain initial trade secret-related disclosures (see stipulation for details) to October 3 and October 14, 2022, respectively filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 9/12/22. (mlc)
2022-09-12
1
No Actions
ORAL ORDER: The Court hereby ORDERS that the Markman Hearing is set for 7/13/2023 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 9/13/22. (mlc) (Entered: 09/13/2022)
2022-09-13
1
ORAL ORDER: The Court, having reviewed the pending motion to transfer ("Motion"), (D.I. 26 ), hereby ORDERS as follows: (1) The Court will hear argument on the Motion on Monday, 10/17/2022 at 02:00 PM before Judge Christopher J. Burke via teleconference.; (2) By no later than October 11, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call; and (3) It is possible that, prior to the teleconference, the Court will simply determine that it can decide the Motion on the papers, and in that event, it will cancel the teleconference. That said, the Court encourages (though it does not require) the parties to consider allowing a newer attorney who is familiar with the case and the Motion (if applicable) to argue the Motion. If any party advises the Court in advance that a newer attorney will argue the Motion, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the teleconference and will not cancel it. Ordered by Judge Christopher J. Burke on 9/13/22. (mlc) (Entered: 09/13/2022)
2022-09-13
1
~Util - Set Hearings AND Oral Order
2022-09-13
1
No Actions
Order Setting Hearing on Motion AND Oral Order
2022-09-13
1
No Actions
NOTICE OF SERVICE of Plaintiff's Initial Paragraph 3 Disclosures filed by Illumina, Inc..(Balick, Steven) (Entered: 09/14/2022)
2022-09-14
1
NOTICE OF SERVICE of Defendants' Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 09/15/2022)
2022-09-15
1
Add Attorneys - PHV only
2022-09-19
1
No Actions
Pro Hac Vice Attorney Justine M. Goeke for Helmy Eltoukhy, Guardant Health, Inc., and AmirAli Talasaz 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. (mkr)
2022-09-19
1
No Actions
NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' First Set of Request for Production (Nos. 1-80) filed by Illumina, Inc..(Mayo, Andrew) (Entered: 09/28/2022)
2022-09-28
1
NOTICE OF SERVICE of Defendants' Disclosures Pursuant to Footnote 1(1) of Scheduling Order filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 10/04/2022)
2022-10-04
1
STIPULATION and [Proposed] Order to Withdraw Defendants' Motion to Tansfer by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Joyce, Alexandra) (Entered: 10/07/2022)
2022-10-07
1
STIPULATION TO EXTEND TIME to submit a joint status report to November 10, 2022 - filed by Illumina, Inc.. (Mayo, Andrew) (Entered: 10/10/2022)
2022-10-10
1
NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-3) filed by Illumina, Inc..(Mayo, Andrew) (Entered: 10/10/2022)
2022-10-10
1
SO ORDERED D.I. 70 STIPULATION TO EXTEND TIME to submit a joint status report to November 10, 2022 filed by Illumina, Inc. Ordered by Judge Christopher J. Burke on 10/11/2022. (nmg) (Entered: 10/11/2022)
2022-10-11
1
1 - Terminate Deadlines and Hearings AND Oral Order
2022-10-11
1
No Actions
SO ORDERED
2022-10-11
1
No Actions
SO ORDERED, re 69 Stipulation to Withdraw Defendants' Motion to Transfer filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Signed by Judge Christopher J. Burke on 10/11/2022. (apk)
2022-10-11
1
No Actions
ORAL ORDER: In light of the parties' October 7, 2022 Stipulation to Withdraw Defendants' Motion to Transfer, (D.I. 69 ), the Court hereby ORDERS that the October 17, 2022 teleconference is CANCELED. Signed by Judge Christopher J. Burke on 10/11/2022. (apk)
2022-10-11
1
No Actions
NOTICE OF SERVICE of Plaintiff's Initial Identification of the Subject Matter of its Trade Secrets at Issue in this Litigation filed by Illumina, Inc..(Mayo, Andrew) (Entered: 10/14/2022)
2022-10-14
1
NOTICE OF SERVICE of Defendants' Second Set of Requests for Production (Nos. 81-95) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Joyce, Alexandra) (Entered: 11/02/2022)
2022-11-02
1
ORAL ORDER, Setting Hearing on Motion: The Court HEREBY ORDERS that oral argument on the pending motion to dismiss, (D.I. 29 ), will be held on December 9, 2022 at 11:00 AM before Judge Christopher J. Burke. The hearing will be held in Courtroom 2A, unless there is joint agreement to conduct the hearing via teleconference or videoconference using the Microsoft Teams platform. By November 23, 2022, the parties shall submit a joint letter indicating whether there is joint agreement to conduct the hearing via teleconference or videoconference, or whether the hearing will proceed in person. Two and a half hours will be allocated for argument, to be split equally between the parties. Ordered by Judge Christopher J. Burke on 11/9/2022. (twk) (Entered: 11/09/2022)
2022-11-09
1
~Util - Set Hearings AND Oral Order
2022-11-09
1
No Actions
Joint STATUS REPORT by Illumina, Inc.. (Balick, Steven) (Entered: 11/10/2022)
2022-11-10
1
ORAL ORDER: The Court, having reviewed the parties' November 10, 2022 Interim Status Report, (D.I. 76 ), hereby ORDERS that by no later than January 20, 2023, the parties shall provide a further status update of no longer than 2 single-spaced pages regarding deposition hours. Ordered by Judge Christopher J. Burke on 11/14/2022. (smg) (Entered: 11/14/2022)
2022-11-14
1
~Util - Set Deadlines AND Oral Order
2022-11-14
1
No Actions
Letter to The Honorable Christopher J. Burke from Steven J. Balick regarding the Parties' Joint Request to Conduct the December 9, 2022 Hearing Via Videoconference. (Balick, Steven) (Entered: 11/22/2022)
2022-11-22
1
ORAL ORDER: The Court, having reviewed the parties' November 22, 2022 letter, (D.I. 78), hereby ORDERS as follows with respect to the December 9, 2022 oral argument on the pending motion to dismiss: (1) The hearing will be held virtually over videoconference using the Microsoft Teams platform.; (2) By no later than November 30, 2022, the parties shall send an e-mail to the Court's Courtroom Deputy, Deborah Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; and (3) Twenty-four hours in advance of the hearing, each side shall: (a) submit two hard copies of its slide presentation (if any) to the Court; and (b) email its slide presentation (if any) to Ms. Benyo (copying the other side).. Ordered by Judge Christopher J. Burke on 11/22/2022. (dlb) (Entered: 11/22/2022)
2022-11-22
1
Oral Order
2022-11-22
1
No Actions
NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories (Nos. 1-11) filed by Illumina, Inc. (Balick, Steven) Modified on 11/28/2022 (ntl). (Entered: 11/28/2022)
2022-11-28
1
NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Second Set of Request for Production (Nos. 81-95) filed by Illumina, Inc..(Mayo, Andrew) (Entered: 12/02/2022)
2022-12-02
1
NOTICE OF SERVICE of Defendants' First Amended Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Joyce, Alexandra) (Entered: 12/08/2022)
2022-12-08
1
Motion Hearing
2022-12-09
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 12/9/2022 via videoconference regarding D.I. 29 Defendants' Motion to Dismiss. The Court heard argument from the parties regarding the Motion, and took the Motion under advisement. (Clerk, M. Crawford) Appearances: S. Balick, J. Lerner, E. Choi, K. Song, R. Schwillinski (from Illumina), M. Burch (from Illumina) for Plaintiff; A. Joyce, O. Snyder, J. Love, J. Goeke, C. Ranney, G. Hart, K. Moore (from Guardant), K. Sengupta (from Guardant), J. Saia (from Guardant) for Defendants. (Court Reporter Andrew Weader(Veritext)) (dlb)
2022-12-09
1
No Actions
Official Transcript of Motion Hearing via videoconference held on 12/9/2022 before Judge Christopher J. Burke. Court Reporter/Transcriber Andrew Weader, Phone: 302-571-0510. Transcript may be viewed at the court public terminal or order/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 1/3/2023. Redacted Transcript Deadline set for 1/13/2023. Release of Transcript Restriction set for 3/13/2023. (nmg) (Entered: 12/13/2022)
2022-12-13
1
NOTICE OF SERVICE of Defendants Supplemental Disclosures Pursuant to Footnote 1(1) of Scheduling Order filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 12/27/2022)
2022-12-27
1
NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff's First Set of Interrogatories (Nos. 1-11) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 01/11/2023)
2023-01-11
1
NOTICE OF SERVICE of Defendants' Supplemental Responses and Objections to Plaintiff's First Set of Requests for Production (Nos. 1-43) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Joyce, Alexandra) (Entered: 01/20/2023)
2023-01-20
1
STIPULATION TO EXTEND TIME the Deadline to Submit a Status Update to Advise the Court as to the Maximum Number of Deposition Hours to March 6, 2023 - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Joyce, Alexandra) (Entered: 01/20/2023)
2023-01-20
1
SO ORDERED
2023-01-20
1
No Actions
SO ORDERED D.I. 87 STIPULATION TO EXTEND TIME the Deadline to Submit a Status Update to Advise the Court as to the Maximum Number of Deposition Hours to March 6, 2023 filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 1/20/2023. (dlb)
2023-01-20
1
No Actions
NOTICE OF SERVICE of Plaintiff's Second Set of Requests for Production (Nos. 44-83) filed by Illumina, Inc..(Mayo, Andrew) (Entered: 01/27/2023)
2023-01-27
1
MOTION for Pro Hac Vice Appearance of Attorney Doran J. Satanove - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Attachments: # 1 Certification for Doran J. Satanove)Motions referred to Christopher J. Burke.(Joyce, Alexandra) (Entered: 01/27/2023)
2023-01-27
1
SO ORDERED
2023-01-30
1
No Actions
SO ORDERED D.I. 89 MOTION for Pro Hac Vice Appearance of Attorney Doran J. Satanove filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 1/30/2023. (dlb)
2023-01-30
1
No Actions
REPORT AND RECOMMENDATION regarding D.I. 29 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to State a Claim f iled by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 2/14/2023. Signed by Judge Christopher J. Burke on 1/31/23. (mlc)
2023-01-31
1
ORAL ORDER: In line with the Court's decision today in its Report and Recommendation, (D.I. 90), the Court hereby ORDERS that discovery in the case is hereby STAYED until the Court determines that Plaintiff has stated plausible claims for relief, with the exception of discovery relating to the portion of Plaintiff's trade secret claim in Count II involving the category of trade secrets described in the latter part of paragraph 57 of the Complaint (i.e., "grouping sequence reads..."). Ordered by Judge Christopher J. Burke on 1/31/23. (mlc) (Entered: 01/31/2023)
2023-01-31
1
Oral Order
2023-01-31
1
No Actions
NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff's Second Set of Requests for Production (Nos. 44-83) filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz.(Silver, Daniel) (Entered: 02/27/2023)
2023-02-27
1
STIPULATION Seeking to Extend the Deadline by which the Parties Must Report on the Status of their Negotiations Concerning Deposition Hours, by Illumina, Inc.. (Balick, Steven) (Entered: 03/06/2023)
2023-03-06
1
SO ORDERED
2023-03-06
1
No Actions
SO ORDERED D.I. 93 Stipulation Seeking to Extend the Deadline by which the Parties Must Report on the Status of their Negotiations Concerning Deposition Hours filed by Illumina, Inc. Ordered by Judge Christopher J. Burke on 3/6/23. (dlb)
2023-03-06
1
No Actions
ORDER re 90 REPORT RECOMMENDATION is ADOPTED; and 29 MOTION to Dismiss is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 3/29/23. (ntl) (Entered: 03/29/2023)
2023-03-29
1
[SEALED] AMENDED COMPLAINT (Volume I of III) against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz- filed by Illumina, Inc.. (Attachments: # 1 Exhibit 1-15)(Balick, Steven) (Main Document 95 replaced on 4/11/2023) (ntl). (Entered: 04/10/2023)
2023-04-10
1
[SEALED] AMENDED COMPLAINT (Volume II of III) against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz- filed by Illumina, Inc.. (Attachments: # 1 Exhibit 16-30)(Balick, Steven) (Entered: 04/10/2023)
2023-04-10
1
[SEALED] AMENDED COMPLAINT (Volume III of III) against Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz- filed by Illumina, Inc.. (Attachments: # 1 Exhibit 31-64, # 2 Exhibit 65-90)(Balick, Steven) (Entered: 04/10/2023)
2023-04-10
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,434,523 ;11,447,813 ;11,434,531 . (Balick, Steven) (Main Document 98 replaced on 4/11/2023) (ntl). (Entered: 04/10/2023)
2023-04-10
1
- CORRECTING ENTRY
2023-04-11
1
No Actions
CORRECTING ENTRY: Corrected documents added to D.I. 95 and D.I. 98 per request of counsel. (ntl)
2023-04-11
1
No Actions
STIPULATION TO EXTEND TIME the Deadline for Defendants to Answer, Move, or Otherwise Respond to the First Amended Complaint to June 29, 2023 - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Joyce, Alexandra) (Entered: 04/17/2023)
2023-04-17
1
SO ORDERED AND ~Util - Set/Reset Answer Deadline
2023-04-19
1
No Actions
SO ORDERED D.I. 99 STIPULATION TO EXTEND TIME the Deadline for Defendants to Answer, Move, or Otherwise Respond to the First Amended Complaint to June 29, 2023 filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz, Set/Reset Answer Deadlines: Helmy Eltoukhy answer due 6/29/2023; Guardant Health, Inc. answer due 6/29/2023; AmirAli Talasaz answer due 6/29/2023. Ordered by Judge Christopher J. Burke on 4/19/2023. (dlb)
2023-04-19
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Jennifer L. Keller and Chase A. Scolnick - filed by Helmy Eltoukhy, AmirAli Talasaz. (Attachments: # 1 Certifications for Jennifer L. Keller and Chase A. Scolnick)Motions referred to Christopher J. Burke.(Joyce, Alexandra) (Entered: 04/25/2023)
2023-04-25
1
SO ORDERED D.I. 100 MOTION for Pro Hac Vice Appearance of Attorney Jennifer L. Keller and Chase A. Scolnick filed by Helmy Eltoukhy, AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 4/26/2023. (dlb)
2023-04-26
1
No Actions
SO ORDERED
2023-04-26
1
No Actions
Pro Hac Vice Attorney Jennifer L. Keller and Chase A. Scolnick for Helmy Eltoukhy and AmirAli Talasaz 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. (jdb)
2023-04-27
1
No Actions
Add Attorneys - PHV only
2023-04-27
1
No Actions
ORAL ORDER: The Court hereby ORDERS that in light of the stay of discovery (with the exception of discovery relating to the portion of Plaintiff's trade secret claim in Count II involving the category of trade secrets described in the latter part of paragraph 57 of the Complaint), (D.I. 91), and with no claim construction chart or claim construction motions being filed, (D.I. 55 at 11), the Markman hearing set for July 13, 2023 is CANCELED. Ordered by Judge Christopher J. Burke on 5/10/2023. (dlb) (Entered: 05/10/2023)
2023-05-10
1
1 - Terminate Hearings AND Oral Order
2023-05-10
1
No Actions
STIPULATION Seeking to Extend the Deadline by which the Parties Must Report on the Status of their Negotiations Concerning Deposition Hours, by Illumina, Inc.. (Balick, Steven) (Entered: 05/25/2023)
2023-05-25
1
SO ORDERED D.I. 102 Stipulation Seeking to Extend the Deadline by which the Parties Must Report on the Status of their Negotiations Concerning Deposition Hours filed by Illumina, Inc.. Ordered by Judge Christopher J. Burke on 5/25/2023. (dlb)
2023-05-25
1
No Actions
SO ORDERED
2023-05-25
1
No Actions
STIPULATION and [Proposed] Order Regarding Motion to Dismiss Briefing by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Joyce, Alexandra) (Entered: 06/21/2023)
2023-06-21
1
SO ORDERED, re 103 Stipulation Regarding Motion to Dismiss Briefing filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 6/22/2023. (dlb)
2023-06-22
1
No Actions
SO ORDERED
2023-06-22
1
No Actions
STIPULATION TO EXTEND TIME Regarding Motion to Dismiss Briefing to See Stip for Details - filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. (Silver, Daniel) (Entered: 06/27/2023)
2023-06-27
1
Order Setting Briefing Schedule - open, ans, reply, surreply AND SO ORDERED
2023-06-28
1
No Actions
SO ORDERED D.I. 104 STIPULATION TO EXTEND TIME Regarding Motion to Dismiss Briefing to See Stip for Details filed by Helmy Eltoukhy, Guardant Health, Inc., AmirAli Talasaz. Ordered by Judge Christopher J. Burke on 6/27/2023. (dlb)
2023-06-28
1
No Actions
STIPULATION of Dismissal with Prejudice, by Illumina, Inc.. (Balick, Steven) (Entered: 08/02/2023)
2023-08-02
1
CASE CLOSED (ntl)
2023-08-02
1
No Actions
Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 08/03/2023)
2023-08-03
1
Terminate Case - Civil
2023-08-03
1
No Actions