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Case 1:10-cv-00433-LPS Document 66 Filed 08/23/11 Page 1 of 9 PageID #: 1776
Case 1 :1....,:/~00·1;>3-LPS Document 64 Filed 08/19/11 Page 1 of 5 PagelD #: 1763

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF DELAWARE


CORNELL UNIVERSITY, CORNELL
RESEARCH FOUNDATION, INC., LIFE
TECHNOLOGIES CORPORATION AND
APPLIED BIOSYSTEMS, LLC,

Plaintiffs,

v.

ILLUMINA, INC.,

Defendant.

C.A. No. 10-433-LPS

JOINT STIPULATION AND PROPOSED ORDER

TO AMEND THE SCHEDULING ORDER

IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto,

through their respective counsel and subject to the approval of the Court, that:

1. The date provided in paragraph 1 of the Scheduling Order (D.!. 32) for Plaintiffs to

provide to Defendant their preliminary infringement contentions and all documents relied

upon in fonning such contentions is extended from March 14, 2011 to 20 days after the

filing of the First Amended Complaint.

2. The date provided in paragraph 1 of the Scheduling Order (D.!. 32) for Defendant to

provide Plaintiffs with their preliminary non-infringement contentions and all documents

relied upon in fonning such contentions is extended from April 15, 2011 to 20 days after

service of the Preliminary Infringement Contentions.

3. Paragraph 1 of the Scheduling Order (D.!. 32) is modified to require Defendant to

provide Plaintiffs with their preliminary invalidity contentions and all documents relied

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upon in forming such contentions within 30 days after service of the Preliminary


Infringement Contentions.


4. The date provided in paragraph 2 of the Scheduling Order (D.L 32), as modified by the

Joint Stipulations and Proposed Orders to Amend the Scheduling Order (D.L 59; D.L 61),

for Defendant to amend or supplement its pleadings with respect to the claim of

inequitable conduct and for Plaintiff to amend or supplement its pleadings solely with

respect to the claim of willful infringement is extended from October 3,2011 and August

19,2011, respectively, to August 3, 2012.

5. The date provided in paragraph 2 of the Scheduling Order (D.l. 32) for disclosure ofthe

defense of advice of counsel is extended from October 28, 2011 to August 31, 2012.

6. The date provided in paragraph 3.a. of the Scheduling Order (D.l. 32) for the completion

of fact discovery is extended from December 2,2011 to October 5, 2012.

7. The date provided in paragraph 3.b. of the Scheduling Order (D.I. 32), as modified by the

Joint Stipulation and Proposed Order to Amend the Scheduling Order (D.l. 55), for the

substantial completion of document production is extended from September 2, 2011 as

follows: Document production (except for documents concerning new patents and new

products accused of infringement in the First Amended Complaint but not in the original

complaint) shall be substantially complete by November 2,2011. Document production

for documents concerning new patents and new products accused of infringement in the

First Amended Complaint but not in the original complaint shall be substantially

complete by March 23, 2012.

8. The date provided in paragraph 3.f.i. of the Scheduling Order (D.I. 32) for the initial Rule

26(a)(2) disclosure of expert testimony is extended from thirty (30) days after receipt of

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the Court's claim construction Order, or by January 6, 2012, whichever occurs sooner, to

thirty (30) days after receipt of the Court's claim construction Order, or by November 9,

2012, whichever occurs sooner.

9. The date provided in paragraph 3.fJ. ofthe Scheduling Order (D.1. 32) for the completion

of expert discovery is extended from sixty (60) days after service of rebuttal reports, or

by April 6, 2012, whichever occurs sooner, to sixty (60) days after service of rebuttal

expert reports.

10. The date provided in paragraph 8 of the Scheduling Order (D.!. 32) for counsel to submit

a joint letter to the Court with an interim report on the nature of the matters in issue and

the progress of discovery to date is extended from July 8, 2011 to March 23,2012.

11. The date provided in paragraph 9 of the Scheduling Order (D.!. 32), as modified by the

Joint Stipulation and Proposed Orders to Amend the Scheduling Order (D.l. 55), for the

parties to file their DVD tutorials is extended from November 18, 2011 to June 22, 2012.

12. The date provided in paragraph 10 of the Scheduling Order (D.1. 32), as modified by the

Joint Stipulation and Proposed Orders to Amend the Scheduling Order (D.!. 55), for the

exchange of claim term(s)/phrase(s) that the parties believe need construction and their

proposed claim construction ofthose term(s)/phrase(s) is extended from April 29, 2011

to: (1) December 16,201 I for claim term(s)/phrase(s) of patents in the original

complaint; and (2) April 9, 2012 for claim term(s)/phrase(s) of new patents in the

amended complaint.

13. The date provided in paragraph 10 of the Scheduling Order (D.l. 32), as modified by the

Joint StipUlation and Proposed Orders to Amend the Scheduling Order (D.!. 55), for the

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parties to file a Joint Claim Construction Chart is extended from October 7,2011 to May

7,2012.

14. The date provided in paragraph 11 ofthe Scheduling Order (0.1.32), as modified by the

Joint Stipulation and Proposed Orders to Amend the Scheduling Order (0.1. 55), for the

parties to file their opening briefs on claim construction issues is extended from October

28,2011 to May 25,2012.

15. The date provided in paragraph 11 ofthe Scheduling Order (0.1.32), as modified by the

Joint Stipulation and Proposed Orders to Amend the Scheduling Order (0.1.55), for the

parties to file their answering/responsive briefs on claim construction issues is extended

from November 18,2011 to June 22, 2012.

16. The date provided in paragraph 12 of the Scheduling Order (0.1.32), as modified by the

Court's June 27,2011 Order, for the argument on claim construction is extended from
January 20, 2012 at 10:00 a.m. to 5~r+<-",Vf ~,.d;>\~~:~p.m.

17. The date provided in paragraph 13 of the Scheduling Order (0.1.32) for all case

dispositive motions, an opening brief, and affidavits, if any, in support of the motion is

extended from May 4,2012 to one month after the completion of expert discovery.

Paragraph 13 of the Scheduling Order (0.1.32) is further modified as follows: (1)

answering briefs on case dispositive motions and affidavits in support, if any, shall be

filed fourteen (14) days after the filing date of case dispositive motions; and (2) reply

briefs on case dispositive motions and affidavits in support, if any, shall be filed seven (7)

18. The date provided in paragraph 18 of the Scheduling Order (D.1. 32) for a 8-10 day trial

days thereafter.

is June_, 2013, 0e

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Case 1:1 0-cv-00433-LPS Document 64 Filed 08/19/11 Page 5 of 5 PagelD #: 1767

All other dates in the Scheduling Order (D.I. 32) as modified by the Joint Stipulations and

Proposed Orders to Amend the Scheduling Order (D.!. 55; D.l. 61) remain in full order and

effect. A chart setting forth the proposed stipulated schedule compared to the current case

schedule is attached hereto as Exhibit A.

YOUNG CONAWAY STARGA TT &

ASHBY & GEDDES

TAYLOR,LLP

lsi Karen E. Keller

Adam W. Poff (#3990)
Karen E. Keller (#4489)
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, DE 19801
(302) 571-6600
[email protected]
kkke [email protected]

Attorneys for Plaintiffs

lsi Lauren E. Maguire

Steven J. Balick (#2114)
Lauren Maguire (#4261)
500 Delaware Avenue, 8th Floor
P.O. Box. 1150
Wilmington, DE 19899
(302) 654-1888
[email protected]
[email protected]

Attorneys for Defendant

so ORDERED this

~')"":~

A

day of lrtJ(i·,IJ \

,2011.

Unfted=States District Judge

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EXHIBIT A


1
I
I

I

j
t
I


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Event

Proposed Date

Current Date

Deadline to file unopposed
motion to amend

FILE AMENDED
COMPLAINT

Deadline to file Answer

As provided in Federal
Rules

Deadline to file reply to
counterclaims

As provided in Federal
Rules

Preliminary Infringement
Contentions

20 days after filing of
Amended Complaint

Preliminary Non-
Infringement Contentions

Preliminary Invalidity
Contentions

20 days after service of
Preliminary Infringement
Contentions

30 days after service of
Preliminary Infringement
Contentions

8/19111

past

past

03114111

04115111

11102/2011

9/2/2011

12116/2011

3/23/2012

Substantial completion of
document production except
for documents concerning
new products accused of
infringement in the amended
complaint but not in the
original complaint

Exchange of claim
terms/proposed constructions
for patents in the original
complaint

Substantial completion of
document production for
new products accused of
infringement in the amended
complaint but not in the
original complaint

4838-0926-5\62.1

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J oint interim report on
discovery status

Exchange of claim
termslproposed constructions
for new patents in the
amended complaint

3/23/2012

4/9/2012

7/812011

9/23/11

Joint Claim Construction
chart

Claim Construction Brief
due

5/7/2012

10/7/2011

5/25/2012

10/28/11

Response briefs due

6122/2012

DVD tutorials due

I 6/22/2012

6/22/2012

Joint letter re: (1) leave to
present testimony at
Markman hearing; and (2)
amount of time requested

Last day for defendant to
amend pleadings to include
allegations of inequitable
conduct

Last day for plaintiffs to
amend pleadings to include
allegations of willful
infringement

11/18/2011

11118/11

8/19111

8/3/2012

1013/11

813/2012

Disclosure of Reliance Upon
Advice of Counsel

8/3112012

Markman Hearing

Set by court

Close of Fact Discovery

10/05/2012

10/28/11

1120/12

12/212011

Last day to amend
infringement/non­
infringement contentions

30 days after Markman
Order

30 days after
Markman Order

4838-0926-5162.1

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Disclosure of Expert Reports

sooner of 11109/2012 or 30
days after issuance of
Markman Order

sooner of 01/06/12
or 30 days after
Markman Order

Disclosure of Expert
I Rebuttal Reports

30 days thereafter

30 days thereafter

Completion of Expert
Discovery

60 days after service of
re buttal report( s)

sooner of
04/06/2012 or 60
days after service of
rebuttal reports

Opening Briefs on Case
Dispositive Motions

One month after completion
of expert discovery

514/2012

Answering Briefs on Case
Dispositive Motions

Reply Briefs on Case
Dispositive Motions

14 days thereafter

5118/2012

7 days thereafter

5/25/2012

Trial date

June, 2013, or TBD

TBD in original
schedule

4838-0926-5162.1