Pacific Biosciences v. Oxford Nanopore Technologies

Appeal docketed. Received: 08/13/2020. [715115]Entry of Appearance is due on 08/31/2020. Certificate of Interest is due on 08/31/2020. Docketing Statement is due on 08/31/2020. Appellant's brief is due on 10/16/2020. [KMH] [Entered: 08/17/2020 10:15 AM]

2020-08-17

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ORDER consolidating appeals 20-2155 and 20-2156. Appellant's opening brief is due no later than October 16, 2020. Service as of this date by the Clerk of Court. [718159] [20-2155, 20-2156] [KMH] [Entered: 08/28/2020 09:26 AM]

2020-08-28

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Note to File: The following cases are consolidated: 20-2155 Lead with 20-2156 Consolidated Member Case. The parties must file all documents in the lead appeal only. [718161] [20-2155, 20-2156] [KMH] [Entered: 08/28/2020 09:28 AM]

2020-08-28

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Entry of appearance for Stephen M. Hash; Michael Hawes; Elizabeth Durham Flannery as counsel for Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 08/31/2020 by email. [718606] [20-2155] [Stephen Hash] [Entered: 08/31/2020 04:47 PM]

2020-08-31

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Certificate of Interest for Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 08/31/2020 by email. [718607] [20-2155] [Stephen Hash] [Entered: 08/31/2020 04:51 PM]

2020-08-31

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Docketing Statement for the Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 08/31/2020 by email. [718608] [20-2155] [Stephen Hash] [Entered: 08/31/2020 04:53 PM]

2020-08-31

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Entry of appearance for Edward R. Reines; Robert S. Magee as counsel for Appellant Pacific Biosciences of California, Inc.. Service: 08/31/2020 by email. [718617] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:21 PM]

2020-08-31

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Certificate of Interest for Appellant Pacific Biosciences of California, Inc.. Service: 08/31/2020 by email. [718618] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:22 PM]

2020-08-31

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Docketing Statement for the Appellant Pacific Biosciences of California, Inc.. Service: 08/31/2020 by email. [718619] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:23 PM]

2020-08-31

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Transcript Purchase Order Form for the Appellant Pacific Biosciences of California, Inc. indicating that a transcript is already on file. Service: 08/31/2020 by email. [718625] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:29 PM]

2020-08-31

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MODIFIED ENTRY: BRIEF FILED by Appellant Pacific Biosciences of California, Inc.. Service: 10/16/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [729577] --[Edited 11/02/2020 by KMH - compliance review complete] [Edward Reines] [Entered: 10/16/2020 09:41 PM]

2020-10-16

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MOTION of Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. to extend the time to 12/23/2020 to file brief. Service: 10/26/2020 by email. [731463] [20-2155] [Stephen Hash] [Entered: 10/26/2020 04:07 PM]

2020-10-26

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TEXT ONLY ORDER granting motion to extend time to file brief [12] filed by Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. The response brief is due 12/23/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [731735] [KMH] [Entered: 10/27/2020 03:02 PM]

2020-10-27

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RESPONSE BRIEF FILED by Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 12/23/2020 by email. [745162] [20-2155] This document is non-compliant. See Doc No. [17] [Stephen Hash] [Entered: 12/23/2020 03:48 PM]

2020-12-23

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MOTION of Appellant Pacific Biosciences of California, Inc. to extend the time to 01/20/2021 to file brief. Service: 12/28/2020 by email. [745604] [20-2155] [Edward Reines] [Entered: 12/28/2020 06:08 PM]

2020-12-28

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TEXT ONLY ORDER granting motion to extend time to file brief [15] filed by Appellant Pacific Biosciences of California, Inc. The reply brief is due 01/20/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [745672] [KMH] [Entered: 12/29/2020 09:09 AM]

2020-12-29

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NOTICE OF NON-COMPLIANCE: The submission of Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd., Response Brief [14], is not in compliance with the rules of this court (see attached). Compliant document due on 01/13/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [747223] [KMH] [Entered: 01/06/2021 09:31 AM]

2021-01-06

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MODIFIED ENTRY: CORRECTED BRIEF FILED by Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. Service: 01/07/2021 by email. [747895] --[Edited 01/11/2021 by KMH - compliance review complete] [Stephen Hash] [Entered: 01/07/2021 05:34 PM]

2021-01-07

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MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/20/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [750396] --[Edited 01/25/2021 by KMH - compliance review complete] [Edward Reines] [Entered: 01/20/2021 09:15 PM]

2021-01-20

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Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752199] [20-2155] [Edward Reines] [Entered: 01/27/2021 06:01 PM]

2021-01-27

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Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752200] [20-2155] [Edward Reines] [Entered: 01/27/2021 06:03 PM]

2021-01-27

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CONFIDENTIAL APPENDIX FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752205] [20-2155] This document is non-compliant. See Doc No. [25] [Edward Reines] [Entered: 01/27/2021 06:12 PM]

2021-01-27

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CONFIDENTIAL APPENDIX FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752212] [20-2155] This document is non-compliant. See Doc No. [25] [Edward Reines] [Entered: 01/27/2021 07:54 PM]

2021-01-27

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APPENDIX FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752213] [20-2155] This document is non-compliant. See Doc No. [25] [Edward Reines] [Entered: 01/27/2021 08:04 PM]

2021-01-27

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NOTICE OF NON-COMPLIANCE: The submission of Appellant Pacific Biosciences of California, Inc., Confidential and Non-Confidential Appendix [22], [23], [24], are not in compliance with the rules of this court (see attached). Compliant documents due on 02/08/2021. Service as of this date by the Clerk of Court. [753112] [KMH] [Entered: 02/01/2021 02:44 PM]

2021-02-01

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MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Pacific Biosciences of California, Inc. Service: 02/05/2021 by email. [754215]--[Edited 02/09/2021 by KMH - compliance review complete] [Edward Reines] [Entered: 02/05/2021 03:00 PM]

2021-02-05

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MODIFIED ENTRY: APPENDIX FILED by Appellant Pacific Biosciences of California, Inc. Service: 02/05/2021 by email. [754219] --[Edited 02/09/2021 by KMH - compliance review complete] [Edward Reines] [Entered: 02/05/2021 03:05 PM]

2021-02-05

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [754890] [KMH] [Entered: 02/09/2021 03:49 PM]

2021-02-09

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Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before February 17, 2021. See Administrative Order No. 20-01 (Mar. 20, 2020). [754896] [KMH] [Entered: 02/09/2021 03:54 PM]

2021-02-09

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6 paper copies of Doc. Nos. [11], [19], [26] received from Pacific Biosciences of California, Inc. [757194] [MJL] [Entered: 02/18/2021 06:36 PM]

2021-02-11

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Notice from Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. regarding conflicts with oral argument. None. Service: 02/16/2021 by email. [756275] [20-2155] [Michael Hawes] [Entered: 02/16/2021 01:48 PM]

2021-02-16

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Notice from Appellant Pacific Biosciences of California, Inc. regarding conflicts with oral argument. Service: 02/16/2021 by email. [756464] [20-2155] [Edward Reines] [Entered: 02/16/2021 04:47 PM]

2021-02-16

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The following conflict dates submitted by Edward R. Reines for Pacific Biosciences of California, Inc. have been accepted by the court: 07/06/2021, 07/07/2021, 07/08/2021, 07/09/2021, 08/30/2021, 08/31/2021, 09/01/2021, 09/02/2021. [756749] [MJL] [Entered: 02/17/2021 12:07 PM]

2021-02-17

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6 paper copies of Doc. No. [18] received from Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. [758254] [VDW] [Entered: 02/24/2021 11:52 AM]

2021-02-18

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Notice to Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.: The record of this case indicates that paper copies of the corrected response brief [18] have not been filed pursuant to FCR 25(c)(3) (see Doc. No. [29]). Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [757398] [MJL] [Entered: 02/19/2021 02:09 PM]

2021-02-19

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NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2104E. Case scheduled April 6, 2021. Response to Notice of Oral Argument due: 03/15/2021. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [757784] [MJL] [Entered: 02/22/2021 06:22 PM]

2021-02-22

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6 paper copies of Doc. No. [18] received from Appellee Oxford Nanopore Technologies, Ltd.. [758894] [VDW] [Entered: 02/26/2021 11:30 AM]

2021-02-24

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Response to notice of oral argument from Appellant Pacific Biosciences of California, Inc.. Service: 03/09/2021 by email. [761262] [20-2155] [Edward Reines] [Entered: 03/09/2021 05:25 PM]

2021-03-09

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Response to notice of oral argument from Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 03/09/2021 by email. [761273] [20-2155] [Michael Hawes] [Entered: 03/09/2021 06:21 PM]

2021-03-09

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Clerk's letter to Appellant Pacific Biosciences of California, Inc. and Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [763800] [JCP] [Entered: 03/22/2021 01:58 PM]

2021-03-22

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Submitted after ORAL ARGUMENT to Panel: Lourie, Circuit Judge; Taranto, Circuit Judge and Stoll, Circuit Judge.Arguing counsel: Edward R. Reines for Pacific Biosciences of California, Inc. and Michael Hawes for Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd..Oral Argument Audio available here. [767051] [JCP] [Entered: 04/06/2021 04:35 PM]

2021-04-06

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OPINION filed for the court by Lourie, Circuit Judge; Taranto, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. [774241] [20-2155, 20-2156] [JCP] [Entered: 05/11/2021 10:18 AM]

2021-05-11

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JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [774242] [20-2155, 20-2156] [JCP] [Entered: 05/11/2021 10:19 AM]

2021-05-11

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Bill of Costs for Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 05/25/2021 by email. [777029] [20-2155] [Stephen Hash] [Entered: 05/25/2021 03:14 PM]

2021-05-25

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Mandate issued to the United States District Court for the District of Delaware. Service as of this date by the Clerk of Court. [780950] [20-2155, 20-2156] [MVH] [Entered: 06/17/2021 12:09 PM]

2021-06-17

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Overview

Parties

Defendant - Appellee

OXFORD NANOPORE TECHNOLOGIES LTD. Follow

Represented By

OXFORD NANOPORE TECHNOLOGIES, INC. Follow

Represented By

Plaintiff - Appellant

PACIFIC BIOSCIENCES OF CALIFORNIA, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 08/13/2020. [715115]Entry of Appearance is due on 08/31/2020. Certificate of Interest is due on 08/31/2020. Docketing Statement is due on 08/31/2020. Appellant's brief is due on 10/16/2020. [KMH] [Entered: 08/17/2020 10:15 AM]

ORDER consolidating appeals 20-2155 and 20-2156. Appellant's opening brief is due no later than October 16, 2020. Service as of this date by the Clerk of Court. [718159] [20-2155, 20-2156] [KMH] [Entered: 08/28/2020 09:26 AM]

Note to File: The following cases are consolidated: 20-2155 Lead with 20-2156 Consolidated Member Case. The parties must file all documents in the lead appeal only. [718161] [20-2155, 20-2156] [KMH] [Entered: 08/28/2020 09:28 AM]

Entry of appearance for Stephen M. Hash; Michael Hawes; Elizabeth Durham Flannery as counsel for Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 08/31/2020 by email. [718606] [20-2155] [Stephen Hash] [Entered: 08/31/2020 04:47 PM]

Certificate of Interest for Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 08/31/2020 by email. [718607] [20-2155] [Stephen Hash] [Entered: 08/31/2020 04:51 PM]

Docketing Statement for the Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 08/31/2020 by email. [718608] [20-2155] [Stephen Hash] [Entered: 08/31/2020 04:53 PM]

Entry of appearance for Edward R. Reines; Robert S. Magee as counsel for Appellant Pacific Biosciences of California, Inc.. Service: 08/31/2020 by email. [718617] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:21 PM]

Certificate of Interest for Appellant Pacific Biosciences of California, Inc.. Service: 08/31/2020 by email. [718618] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:22 PM]

Docketing Statement for the Appellant Pacific Biosciences of California, Inc.. Service: 08/31/2020 by email. [718619] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:23 PM]

Transcript Purchase Order Form for the Appellant Pacific Biosciences of California, Inc. indicating that a transcript is already on file. Service: 08/31/2020 by email. [718625] [20-2155] [Edward Reines] [Entered: 08/31/2020 05:29 PM]

MOTION of Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. to extend the time to 12/23/2020 to file brief. Service: 10/26/2020 by email. [731463] [20-2155] [Stephen Hash] [Entered: 10/26/2020 04:07 PM]

RESPONSE BRIEF FILED by Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 12/23/2020 by email. [745162] [20-2155] This document is non-compliant. See Doc No. [17] [Stephen Hash] [Entered: 12/23/2020 03:48 PM]

MOTION of Appellant Pacific Biosciences of California, Inc. to extend the time to 01/20/2021 to file brief. Service: 12/28/2020 by email. [745604] [20-2155] [Edward Reines] [Entered: 12/28/2020 06:08 PM]

MODIFIED ENTRY: CORRECTED BRIEF FILED by Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. Service: 01/07/2021 by email. [747895] --[Edited 01/11/2021 by KMH - compliance review complete] [Stephen Hash] [Entered: 01/07/2021 05:34 PM]

Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752199] [20-2155] [Edward Reines] [Entered: 01/27/2021 06:01 PM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752200] [20-2155] [Edward Reines] [Entered: 01/27/2021 06:03 PM]

CONFIDENTIAL APPENDIX FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752205] [20-2155] This document is non-compliant. See Doc No. [25] [Edward Reines] [Entered: 01/27/2021 06:12 PM]

CONFIDENTIAL APPENDIX FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752212] [20-2155] This document is non-compliant. See Doc No. [25] [Edward Reines] [Entered: 01/27/2021 07:54 PM]

APPENDIX FILED by Appellant Pacific Biosciences of California, Inc.. Service: 01/27/2021 by email. [752213] [20-2155] This document is non-compliant. See Doc No. [25] [Edward Reines] [Entered: 01/27/2021 08:04 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Pacific Biosciences of California, Inc. Service: 02/05/2021 by email. [754215]--[Edited 02/09/2021 by KMH - compliance review complete] [Edward Reines] [Entered: 02/05/2021 03:00 PM]

MODIFIED ENTRY: APPENDIX FILED by Appellant Pacific Biosciences of California, Inc. Service: 02/05/2021 by email. [754219] --[Edited 02/09/2021 by KMH - compliance review complete] [Edward Reines] [Entered: 02/05/2021 03:05 PM]

Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before February 17, 2021. See Administrative Order No. 20-01 (Mar. 20, 2020). [754896] [KMH] [Entered: 02/09/2021 03:54 PM]

6 paper copies of Doc. Nos. [11], [19], [26] received from Pacific Biosciences of California, Inc. [757194] [MJL] [Entered: 02/18/2021 06:36 PM]

Notice from Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. regarding conflicts with oral argument. None. Service: 02/16/2021 by email. [756275] [20-2155] [Michael Hawes] [Entered: 02/16/2021 01:48 PM]

Notice from Appellant Pacific Biosciences of California, Inc. regarding conflicts with oral argument. Service: 02/16/2021 by email. [756464] [20-2155] [Edward Reines] [Entered: 02/16/2021 04:47 PM]

The following conflict dates submitted by Edward R. Reines for Pacific Biosciences of California, Inc. have been accepted by the court: 07/06/2021, 07/07/2021, 07/08/2021, 07/09/2021, 08/30/2021, 08/31/2021, 09/01/2021, 09/02/2021. [756749] [MJL] [Entered: 02/17/2021 12:07 PM]

6 paper copies of Doc. No. [18] received from Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. [758254] [VDW] [Entered: 02/24/2021 11:52 AM]

6 paper copies of Doc. No. [18] received from Appellee Oxford Nanopore Technologies, Ltd.. [758894] [VDW] [Entered: 02/26/2021 11:30 AM]

Response to notice of oral argument from Appellant Pacific Biosciences of California, Inc.. Service: 03/09/2021 by email. [761262] [20-2155] [Edward Reines] [Entered: 03/09/2021 05:25 PM]

Response to notice of oral argument from Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 03/09/2021 by email. [761273] [20-2155] [Michael Hawes] [Entered: 03/09/2021 06:21 PM]

Clerk's letter to Appellant Pacific Biosciences of California, Inc. and Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [763800] [JCP] [Entered: 03/22/2021 01:58 PM]

OPINION filed for the court by Lourie, Circuit Judge; Taranto, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. [774241] [20-2155, 20-2156] [JCP] [Entered: 05/11/2021 10:18 AM]

Bill of Costs for Appellees Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd.. Service: 05/25/2021 by email. [777029] [20-2155] [Stephen Hash] [Entered: 05/25/2021 03:14 PM]

Mandate issued to the United States District Court for the District of Delaware. Service as of this date by the Clerk of Court. [780950] [20-2155, 20-2156] [MVH] [Entered: 06/17/2021 12:09 PM]

Track Case Updates

OXFORD NANOPORE TECHNOLOGIES LTD.

OXFORD NANOPORE TECHNOLOGIES, INC.

PACIFIC BIOSCIENCES OF CALIFORNIA, INC.