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Case number 1:20-cv-00125

Natera, Inc. v. ArcherDX, Inc. > Documents

Date Field Doc. No.Description (Pages)
Dec 20, 2023 682 Notice of Appeal* (1)
Sep 29, 2023 666 STIPULATION and [Proposed] Order Regarding Motions for Attorneys' Fees and Costs by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/29/2023) (2)
Sep 19, 2023 665 JUDGMENT in favor of Natera, Inc. against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Gregory B. Williams on 9/19/23. (ntl) (Entered: 09/19/2023) (3)
Sep 15, 2023 664 PROPOSED ORDER -- Proposed Judgment -- re 663 Order by Natera, Inc.. (Attachments: # 1 Letter to The Honorable Gregory B. Williams)(Fahnestock, Derek) (Entered: 09/15/2023) (0)
Sep 5, 2023 662 OPINION re bench trial decision. Signed by Judge Gregory B. Williams on 9/5/23. (ntl) (Entered: 09/05/2023) (22)
Sep 5, 2023 663 ORDER re 662 Opinion regarding bench trial decision. Signed by Judge Gregory B. Williams on 9/5/23. (ntl) (Entered: 09/05/2023) (1)
Aug 23, 2023 661 NOTICE of Lodging of List of Agreed Admitted Trial Exhibits by Natera, Inc. (Fahnestock, Derek) (Entered: 08/23/2023) (1)
Aug 10, 2023 659 REDACTED VERSION of 657 Reply Brief by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/10/2023) (16)
Aug 10, 2023 660 REDACTED VERSION of 658 Declaration by Natera, Inc.. (Attachments: # 1 Exhibits 70-81)(Fahnestock, Derek) (Entered: 08/10/2023) (0)
Aug 3, 2023 657 [SEALED] REPLY BRIEF re 621 MOTION for Permanent Injunction - filed by Natera, Inc.. (Attachments: # 1 REVISED Proposed Order, # 2 Redline of Proposed Order)(Fahnestock, Derek) (Entered: 08/03/2023) (0)
Aug 3, 2023 658 [SEALED] DECLARATION re 657 Reply Brief of Bhanu K. Sadasivan - by Natera, Inc.. (Attachments: # 1 Exs. 70-81)(Fahnestock, Derek) (Entered: 08/03/2023) (0)
Aug 2, 2023 656 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding the timing of the judgment and Natera's post-trial motion for supplemental damages and (if necessary) ordered royalty - re 614 Status Report. (Fahnestock, Derek) (Entered: 08/02/2023) (1)
Jul 28, 2023 655 POST TRIAL BRIEF Reply Brief in Support of Request for Finding of Unenforceability of `172 and `220 Patents Due to Prosecution Laches by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Brian) (Entered: 07/28/2023) (0)
Jul 25, 2023 651 REDACTED VERSION of 646 Answering Brief in Opposition by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 07/25/2023) (25)
Jul 25, 2023 652 REDACTED VERSION of 647 Declaration of Elizabeth Y. Ryan by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibits A-D)(Farnan, Brian) (Entered: 07/25/2023) (0)
Jul 25, 2023 653 REDACTED VERSION of 648 Declaration of Robert Daber by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 07/25/2023) (0)
Jul 25, 2023 654 REDACTED VERSION of 649 Declaration of James E. Malackowski by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 07/25/2023) (15)
Jul 21, 2023 650 POST TRIAL BRIEF -- Opposition to Defendants' Post-Trial Brief on Prosecution Laches of the CFDNA Patents -- by Natera, Inc.. (Fahnestock, Derek) (Entered: 07/21/2023) (27)
Jul 18, 2023 645 MOTION for Pro Hac Vice Appearance of Attorney Aaron J. Curtis - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 07/18/2023) (2)
Jul 18, 2023 646 [SEALED] ANSWERING BRIEF in Opposition re 621 MOTION for Permanent Injunction filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.Reply Brief due date per Local Rules is 7/25/2023. (Farnan, Brian) (Entered: 07/18/2023) (0)
Jul 18, 2023 647 [SEALED] DECLARATION re 646 Answering Brief in Opposition of Elizabeth Y. Ryan by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farnan, Brian) (Entered: 07/18/2023) (0)
Jul 18, 2023 648 [SEALED] DECLARATION re 646 Answering Brief in Opposition of Robert Daber by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 07/18/2023) (0)
Jul 18, 2023 649 [SEALED] DECLARATION re 646 Answering Brief in Opposition of James E. Malackowski by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 07/18/2023) (0)
Jul 7, 2023 644 POST TRIAL BRIEF in Support of Request for Finding of Unenforceability of `172 and `220 Patents Due to Prosecution Laches by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Main Document 644 replaced on 7/25/2023) (ntl). (Entered: 07/07/2023) (0)
Jul 5, 2023 642 Proposed Findings of Fact by ArcherDX, Inc.. (Farnan, Brian) (Main Document 642 replaced on 7/25/2023) (ntl). (Entered: 07/05/2023) (28)
Jul 5, 2023 643 Proposed Findings of Fact by Natera, Inc.. (Fahnestock, Derek) (Main Document 643 replaced on 7/24/2023) (ntl). (Entered: 07/05/2023) (25)
Jun 26, 2023 633 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendants' response to Plaintiff's Motion for Permanent Injunction and (ii) Plaintiff's reply to (i) 7/18/2023 and (ii) 8/3/2023 - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 06/26/2023) (2)
Jun 26, 2023 634 REDACTED VERSION of 622 Opening Brief in Support by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/26/2023) (27)
Jun 26, 2023 635 REDACTED VERSION of 623 Declaration by Natera, Inc.. (Attachments: # 1 Ex. 1-18, # 2 Ex. 19-21)(Fahnestock, Derek) (Entered: 06/26/2023) (0)
Jun 26, 2023 636 REDACTED VERSION of 624 Declaration by Natera, Inc.. (Attachments: # 1 Ex. 22-40, # 2 Ex. 41-56)(Fahnestock, Derek) (Entered: 06/26/2023) (0)
Jun 26, 2023 637 REDACTED VERSION of 625 Declaration by Natera, Inc.. (Attachments: # 1 Ex. 57)(Fahnestock, Derek) (Entered: 06/26/2023) (0)
Jun 26, 2023 638 REDACTED VERSION of 626 Declaration by Natera, Inc.. (Attachments: # 1 Ex. 58-69)(Fahnestock, Derek) (Entered: 06/26/2023) (0)
Jun 26, 2023 639 REDACTED VERSION of 627 Declaration by Natera, Inc.. (Attachments: # 1 Ex. A)(Fahnestock, Derek) (Entered: 06/26/2023) (0)
Jun 26, 2023 640 REDACTED VERSION of 628 Declaration by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/26/2023) (30)
Jun 26, 2023 641 REDACTED VERSION of 629 Declaration by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/26/2023) (4)
Jun 22, 2023 632 STIPULATION TO EXTEND TIME to file redactions to Natera's Opening Brief in Support of Motion for Permanent Injunction and related supporting declarations (D.I. 622-629) to June 26, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/22/2023) (1)
Jun 21, 2023 631 ORDER re 630 Joint MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices filed by Natera, Inc. Signed by Judge Gregory B. Williams on 6/21/23. (ntl) (Entered: 06/21/2023) (2)
Jun 20, 2023 630 Joint MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Natera, Inc.. (Attachments: # 1 [Proposed] Order)(Fahnestock, Derek) (Entered: 06/20/2023) (0)
Jun 15, 2023 621 MOTION for Permanent Injunction - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 622 [SEALED] OPENING BRIEF in Support re 621 MOTION for Permanent Injunction - filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 6/29/2023. (Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 623 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of Bhanu K. Sadasivan (Volume 1 of 4) -- by Natera, Inc.. (Attachments: # 1 Ex. 1-18, # 2 Ex. 19-21)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 624 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of Bhanu K. Sadasivan (Volume 2 of 4) -- by Natera, Inc.. (Attachments: # 1 Ex. 22-40, # 2 Ex. 41-56)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 625 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of Bhanu K. Sadasivan (Volume 3 of 4) -- by Natera, Inc.. (Attachments: # 1 Ex. 57)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 626 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of Bhanu K. Sadasivan (Volume 4 of 4) -- by Natera, Inc.. (Attachments: # 1 Ex. 58-69)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 627 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of Anup Malani, Ph.D. -- by Natera, Inc.. (Attachments: # 1 Ex. A)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 628 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of John Quackenbush, Ph.D. -- by Natera, Inc.. (Attachments: # 1 Ex. A)(Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 15, 2023 629 [SEALED] DECLARATION re 621 MOTION for Permanent Injunction -- Declaration of Solomon Moshkevich -- by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/15/2023) (0)
Jun 6, 2023 620 ORAL ORDER: Having reviewed the parties' joint letter, D.I. 619, the Court is allocating six (6) hours for the one-day bench trial on Defendants' prosecution laches defense to be held on June 22, 2023. Each side is allocated a total of three (3) hours, all inclusive, for the trial. The trial will start at 9:30 a.m.The parties shall exchange demonstratives, exhibits, deposition designations, or other evidence to be presented during the trial by 7:00 p.m. on June 16, 2023, and thereafter meet and confer on June 20, 2023, to attempt to resolve any objections. Delaware counsel, on behalf of the parties, shall send the Court an email by noon on June 21, 2023, advising the Court of any unresolved objections to demonstratives, exhibits, witnesses, deposition designations, or other evidence to be presented. The parties shall attach to the email digital copies of all relevant demonstratives, exhibits and deposition designations with the disputed passages highlighted. The parties shall provide the Court with two (2) courtesy copies of the unresolved objections and relevant demonstratives, exhibits, and/or deposition designations. ORDERED by Judge Gregory B. Williams on 6/6/23. (ntl) (Entered: 06/06/2023) (0)
Jun 5, 2023 619 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Amount of Time for Bench Trial. (Farnan, Brian) (Entered: 06/05/2023) (1)
May 31, 2023 618 ORAL ORDER: Having reviewed the parties' respective letter briefs (D.I. 613; D.I. 615) and Joint Status Report (D.I. 614), IT IS HEREBY ORDERED as follows: (1) The Court will hold a one-day bench trial on Defendants' prosecution laches defense on June 22, 2023. The Court will allocate up to six (6) hours for the one-day bench trial with the time to be split equally between the two sides. No later than June 5, 2023, the parties shall file a one-page joint letter with the amount of time that they request the Court allocate for the one-day bench trial; (2) With respect to Plaintiff's motion for permanent injunction, the motion and opening brief in support thereof shall be filed on or before June 15, 2023. The parties shall follow the Court's Local Rules with respect to the briefing schedule and brief page limits. If the Court determines that the motion cannot be resolved based on the parties' written submissions, the Court will schedule a hearing at a later date; (3) With respect to the post-trial motions, the Court adopts Defendants' briefing schedule (D.I. 614 at 6). The parties shall follow the brief page limits set forth in the Court's Amended Scheduling Order. See D.I. 530 para. 13 ("[A]ll SIDES are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed."). ORDERED by Judge Gregory B. Williams on 5/31/23. (ntl) (Entered: 05/31/2023) (0)
May 25, 2023 616 REDACTED VERSION of 579 Proposed Pretrial Order (Volume 1 of 2) - by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/25/2023) (30)
May 25, 2023 617 REDACTED VERSION of 580 Proposed Pretrial Order (Volume 2 of 2) - by Natera, Inc.. (Attachments: # 1 Ex. 17, # 2 Ex. 18)(Fahnestock, Derek) (Entered: 05/25/2023) (0)
May 23, 2023 615 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding response to Defendants' May 19, 2023 letter - re 613 Letter. (Fahnestock, Derek) (Entered: 05/23/2023) (3)
May 22, 2023 614 Joint STATUS REPORT (Post-Trial) - by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/22/2023) (7)
May 19, 2023 613 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Permanent Injunction Proceedings. (Farnan, Brian) (Entered: 05/19/2023) (2)
May 18, 2023 612 ORAL ORDER: IT IS HEREBY ORDERED that, for the reasons stated during trial on Thursday, May 11, 2023, which are hereby incorporated by reference, Defendants' Motion for Judgment as a Matter of Law on Invalidity (D.I. 603) and Defendants' Motion for Judgment as a Matter of Law on Non-Infringement and Damages (D.I. 604) are DENIED. ORDERED by Judge Gregory B. Williams on 5/18/23. (ntl) (Entered: 05/18/2023) (0)
May 16, 2023 610 NOTICE of Lodging of Demonstrative Slides used during Closing Argument by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 05/16/2023) (0)
May 16, 2023 611 NOTICE of Lodging of Natera's Closing Demonstratives by Natera, Inc. (Attachments: # 1 Exhibit A)(Fahnestock, Derek) (Entered: 05/16/2023) (0)
May 15, 2023 607 [SEALED] Jury Notes. (ntl) (Entered: 05/15/2023) (0)
May 15, 2023 608 [SEALED] JURY VERDICT. (ntl) (Entered: 05/15/2023) (0)
May 15, 2023 609 REDACTED VERSION of 608 Jury Verdict. (ntl) (Entered: 05/15/2023) (12)
May 12, 2023 603 MOTION for Judgment as a Matter of Law on Invalidity - filed by ArcherDX, Inc.. (Farnan, Brian) (Entered: 05/12/2023) (14)
May 12, 2023 604 MOTION for Judgment as a Matter of Law on Non-Infringement and Damages - filed by ArcherDX, Inc.. (Farnan, Brian) (Entered: 05/12/2023) (24)
May 12, 2023 605 Final Jury Instructions. (ntl) (Entered: 05/12/2023) (30)
May 12, 2023 606 VERDICT FORM. (ntl) (Main Document 606 replaced on 5/12/2023) (ntl). (Entered: 05/12/2023) (12)
May 8, 2023 599 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's May 5, 2023 Letter - re 595 Letter. (Farnan, Brian) (Entered: 05/08/2023) (5)
May 8, 2023 600 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding response to May 5 letter - re 593 Letter. (Fahnestock, Derek) (Entered: 05/08/2023) (5)
May 8, 2023 601 Voir Dire Questions. (ntl) (Entered: 05/09/2023) (6)
May 8, 2023 602 Preliminary Jury Instructions. (ntl) (Entered: 05/09/2023) (21)
May 7, 2023 598 EXHIBIT re 579 Proposed Pretrial Order --Plaintiff's Revised Trial Exhibit List-- by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/07/2023) (30)
May 5, 2023 587 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Zimmerman and Rabinowitz Deposition Transcripts from Natera v. CareDx. (Farnan, Brian) (Entered: 05/05/2023) (2)
May 5, 2023 588 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding response to Defendants' letter as to Zimmerman and Rabinowitz Deposition Transcripts - re 587 Letter. (Fahnestock, Derek) (Entered: 05/05/2023) (2)
May 5, 2023 589 ORAL ORDER: Having reviewed the parties' submissions to the Court (D.I. 584; D.I. 586) and their respective arguments during the May 4, 2023 pretrial conference related to the issue of Defendants' case narrowing, IT IS HEREBY ORDERED that Defendants have complied with the Court's April 21, 2023 Order (D.l. 573) and properly narrowed the following defenses: three § 112 defenses per patent and inventorship, prosecution laches, and one indefiniteness defense. Defendants, however, have failed to narrow their defenses to "two prior art defenses per patent." D.I. 573. Accordingly, Defendants shall specifically identify, as it relates to each patent, up to two prior art defenses (i.e., § 102, § 103) and tether each defense to properly disclosed prior art references. By way of example only, for the '220 patent, Defendants may choose to assert (1) § 102 in view of Iafrate, and (2) § 102 in view of Faham, but as a result, Defendants could not then assert either § 103 in view of Faham OR § 103 in view of Faham and Broude. By no later than 7:00 p.m. today (May 5, 2023), Defendants shall notify Plaintiff and the Court of their narrowed prior art defenses for each asserted patent. ORDERED by Judge Gregory B. Williams on 5/5/2023. (etg) (Entered: 05/05/2023) (0)
May 5, 2023 590 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Case Law Requested at Pretrial Conference. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 05/05/2023) (0)
May 5, 2023 591 Proposed Jury Instructions by Natera, Inc. -- [Proposed] Preliminary Jury Instructions --. (Fahnestock, Derek) (Entered: 05/05/2023) (21)
May 5, 2023 592 Proposed Voir Dire by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/05/2023) (6)
May 5, 2023 593 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Relevance of Prosecution History and Related Events. (Farnan, Brian) (Entered: 05/05/2023) (4)
May 5, 2023 594 ORAL ORDER: IT IS HEREBY ORDERED that the Proposed Pretrial Order (D.I. 579; D.I. 580) is ADOPTED as modified by any discussion and oral rulings during the May 4, 2023 pretrial conference. ORDERED by Judge Gregory B. Williams on 5/5/2023. (etg) (Entered: 05/05/2023) (0)
May 5, 2023 595 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding Additional Matters. (Attachments: # 1 Exhibit 1)(Fahnestock, Derek) (Entered: 05/05/2023) (0)
May 5, 2023 596 ORAL ORDER: Having reviewed Defendants' letter requesting "an order requiring the immediate production of the Zimmerman and Rabinowitz transcripts" from the CareDx, Inc., et al. v. Natera, Inc. (20-038-CFC-CJB) litigation (D.I. 587), and Plaintiff's response thereto (D.I. 588), IT IS HEREBY ORDERED that Defendants' requested relief is DENIED. The Court construes Defendants' request as an attempt to modify the Scheduling Order to reopen fact discovery such that Plaintiff be required to produce those deposition transcripts. A party's effort to modify a Scheduling Order is evaluated under the good cause standard under Fed. R. Civ. P. 16(b)(4). Lipocine Inc. v. Clarus Therapeutics, Inc., C.A. No. 19-622-WCB, 2020 WL 4794576, at *3 (D. Del. Aug. 18, 2020). Under Rule 16(b)(4), "[a] schedule may be modified only for good cause and with the judge's consent." "The good cause standard hinges on the diligence of the moving party; in order to show good cause, a movant must first meet the threshold requirement that it demonstrate that, despite diligence, the proposed new filing could not have reasonably been made in a timely manner." Vaxel Int'l Co., Ltd v. HealthCo LLC, C.A. No. 20-224-GBW, D.I. 226 (D. Del. June 28, 2022); see also Venetec Int'l v. Nexus Med., 541 F. Supp. 2d 612, 618 (D. Del. 2010). "The good cause standard under Rule 16(b) hinges on diligence of the movant and not on prejudice to the non-moving party." Id. Here, the Court concludes that Defendants have not demonstrated diligence and, therefore, failed to establish good cause for its proposed modification. Mr. Zimmerman was deposed on March 8, 2023 (D.I. 288 at 1 n.1), while Mr. Rabinowitz was deposed on April 18, 2023 (Id. at 1). However, Defendants did not request Plaintiff to produce those deposition transcripts until April 24, 2023. Id. Moreover, it was not until May 4, 2023, on the eve of trial, that Defendants sought an order from this Court ordering Plaintiff to produce these deposition transcripts. Defendants also did not take any prior steps to seek relief from Chief Judge Connolly in the CareDx litigation to use the deposition transcripts in this action. Defendants' conduct demonstrates a lack of diligence and, thus, cannot show "good cause." Accordingly, Defendants' requested relief (D.I. 587) is DENIED. ORDERED by Judge Gregory B. Williams on 5/5/2023. (etg) (Entered: 05/05/2023) (0)
May 5, 2023 597 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Prior Art Defenses for Trial - re 589 Oral Order,,,,,. (Farnan, Brian) (Entered: 05/05/2023) (1)
May 3, 2023 583 MEMORANDUM ORDER: 1. Defendants' Motion to Exclude Certain Expert Testimony and Opinions of Dr. Paul T. Spellman, Dr. John Quackenbush, Mr. Robert Stoll, Mr. Jerzy Wojcik, and Dr. Ryan Sullivan (D.I. 428) is denied; and 2. Natera's Motion to Exclude Certain Expert Testimony and Opinions of Mr. Nathan K. Kelley and Dr. Gregory Cooper (D.I. 431) is granted-in-part and denied-in-part. Signed by Judge Gregory B. Williams on 5/2/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 5/30/2023) (etg). (Entered: 05/03/2023) (0)
May 3, 2023 584 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding Defendants' Case Narrowing - re 573 Order,,,. (Attachments: # 1 Exhibit A)(Fahnestock, Derek) (Entered: 05/03/2023) (0)
May 3, 2023 585 ORDER regarding the Court's rulings on the parties' motions in limine. Signed by Judge Gregory B. Williams on 5/3/23. (ntl) (Entered: 05/03/2023) (6)
May 3, 2023 586 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Natera's May 3, 2023 Letter - re 584 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 05/03/2023) (0)
May 1, 2023 582 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Ryan - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 05/01/2023) (2)
Apr 28, 2023 581 NOTICE OF SERVICE of Defendants' Third Supplemental Objections and Responses to Interrogatory No. 5 filed by ArcherDX, Inc..(Farnan, Brian) (Entered: 04/28/2023) (2)
Apr 27, 2023 579 [SEALED] Proposed Pretrial Order --Volume 1 of 2-- by Natera, Inc.. (Attachments: # 1 Exhibits 1-16)(Fahnestock, Derek) (Attachment 1 replaced on 5/1/2023) (ntl). (Entered: 04/27/2023) (0)
Apr 27, 2023 580 [SEALED] Proposed Pretrial Order --Volume 2 of 2-- by Natera, Inc.. (Attachments: # 1 Ex. 17, # 2 Ex. 18)(Fahnestock, Derek) (Entered: 04/27/2023) (0)
Apr 25, 2023 574 Proposed Voir Dire by Natera, Inc.. (Fahnestock, Derek) (Entered: 04/25/2023) (8)
Apr 25, 2023 575 Proposed Jury Instructions by Natera, Inc. -- [Proposed] Preliminary Jury Instructions --. (Fahnestock, Derek) (Entered: 04/25/2023) (24)
Apr 25, 2023 576 Proposed Jury Instructions by Natera, Inc. -- [Proposed] Final Jury Instructions --. (Fahnestock, Derek) (Entered: 04/25/2023) (30)
Apr 25, 2023 577 VERDICT SHEET by Natera, Inc. . (Fahnestock, Derek) (Entered: 04/25/2023) (26)
Apr 25, 2023 578 NOTICE OF SERVICE of Plaintiff Natera, Inc.'s Disclosure of Patents and Claims that it Intends to Assert at Trial - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 04/25/2023) (3)
Apr 21, 2023 572 ORAL ORDER: Having reviewed the parties' respective letters to the Court (D.I. 562, 564, 567), IT IS HEREBY ORDERED that Defendants ArcherDX, Inc., ArcherDX, LLC, and Invitae Corp. ("Defendants") request for "an order compelling Plaintiffs Natera, Inc. ("Natera") to produce a focused set of documents related to a recent agreement or potential agreement between Natera and IDT involving the exact patents and products at issue in this case," D.I. 562 at 1, is granted-in-part and denied-in-part. The Court finds that Defendants have met their burden of demonstrating the relevance of non-privileged, final executed agreements between IDT and Natera that relate to the accused products and asserted claims in this case and, thus are compelled to produce these documents. See Am. Bottling Co. Inc. v. Vital Pharms., Inc., C.A. No. 20-1268-TMH, 2021 WL 9599683, at *1 (D. Del. Sept. 27, 2021). In particular, these documents appear to be related to rebutting Natera's reasonable royalties demanded. D.I. 562 at 1. The rest of Defendants' request is overly broad and not proportional to the needs of the case. IT IS ALSO HEREBY ORDERED that Natera's motion to compel Defendants to produce the "IDT Asset Purchase Agreement" is granted. The parties shall comply with this ORAL ORDER and produce the disputed documents on or before April 28, 2023. ORDERED by Judge Gregory B. Williams on 4/21/23. (ntl) (Entered: 04/21/2023) (0)
Apr 21, 2023 573 ORAL ORDER: Having reviewed the parties' respective letters to the Court (D.I. 565, 566), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on April 25, 2023, Plaintiff Natera, Inc. ("Natera") shall identify to Defendants ArcherDX, Inc., ArcherDX, LLC, and Invitae Corp. (collectively "ArcherDX" or "Defendants") no more than 10 asserted claims across no more than 3 asserted patents that it intends to assert at trial. No later than 5:00 p.m. on May 2, 2023, ArcherDX shall narrow its defenses as follows: (1) two prior art defenses per patent; (2) three § 112 defenses per patent; and (3) inventorship, prosecution laches, and one indefiniteness defense. ORDERED by Judge Gregory B. Williams on 4/21/23. (ntl) (Entered: 04/21/2023) (0)
Apr 20, 2023 569 REDACTED VERSION of 565 Letter by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibits 1-2)(Farnan, Brian) (Entered: 04/20/2023) (0)
Apr 20, 2023 570 REDACTED VERSION of 567 Letter by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 04/20/2023) (1)
Apr 20, 2023 571 REDACTED VERSION of 564 Letter by Natera, Inc.. (Attachments: # 1 Ex. A)(Fahnestock, Derek) (Entered: 04/20/2023) (0)
Apr 17, 2023 568 REDACTED VERSION of 562 Letter by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # 1 Exhibits 1-3)(Farnan, Brian) (Entered: 04/17/2023) (0)
Apr 13, 2023 565 [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Case Narrowing. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 04/13/2023) (0)
Apr 13, 2023 566 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding case narrowing - re 563 Order,,,. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Fahnestock, Derek) (Entered: 04/13/2023) (0)
Apr 13, 2023 567 [SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Request for Oral Argument - re 562 Letter, 564 Letter. (Farnan, Michael) (Entered: 04/13/2023) (0)
Apr 12, 2023 564 [SEALED] Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding Discovery Dispute - re 562 Letter. (Attachments: # 1 Ex. A)(Fahnestock, Derek) (Entered: 04/12/2023) (0)
Apr 11, 2023 563 ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 558), IT IS HEREBY ORDERED that by no later than 5:00 p.m. on Thursday, April 13, 2023, each party shall file with the Court a letter, not to exceed two (2) pages and in no less than 12-point font, outlining their respective position as it relates to case narrowing prior to trial, which is scheduled to begin on May 8, 2023. No responsive letters will be permitted without prior approval of the Court. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 4/11/23. (ntl) (Entered: 04/11/2023) (0)
Apr 10, 2023 561 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Natera's April 6, 2023 Letter - re 559 Letter. (Farnan, Brian) (Entered: 04/10/2023) (2)
Apr 10, 2023 562 [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Opening Discovery Letter - re 557 Order,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Brian) (Entered: 04/10/2023) (0)
Apr 6, 2023 559 Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding issues pertinent to the May 8, 2023 trial. (Fahnestock, Derek) (Entered: 04/06/2023) (2)
Apr 6, 2023 560 STATEMENT Notice Pursuant to 35 U.S.C. § 282 by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael) (Entered: 04/06/2023) (17)
Apr 5, 2023 558 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 04/05/2023) (1)
Apr 4, 2023 557 ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 556), IT IS HEREBY ORDERED that by no later than 5:00 p.m. on Monday, April 10, 2023, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages and in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than 5:00 p.m. on Wednesday, April 12, 2023, any party opposing the application for relief shall file a letter, not to exceed three (3) pages and in no less than 12-point font, outlining their positions and reasons for their positions. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 4/4/23. (ntl) (Entered: 04/04/2023) (0)
Apr 3, 2023 556 Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 04/03/2023) (1)
Mar 8, 2023 555 MOTION for Pro Hac Vice Appearance of Attorney Kathryn Leicht and Barry Zhang - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 03/08/2023) (3)
Mar 3, 2023 554 MOTION for Pro Hac Vice Appearance of Attorney Sarah Chapin Columbia and Cecilia Choy - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 03/03/2023) (5)
Mar 2, 2023 552 MOTION for Pro Hac Vice Appearance of Attorney Matthew Sieger - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 03/02/2023) (2)
Mar 2, 2023 553 MOTION for Pro Hac Vice Appearance of Attorney Karnik F. Hajjar - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian) (Entered: 03/02/2023) (2)
Feb 22, 2023 551 ORAL ORDER: IT IS HEREBY ORDERED that the pre-trial conference scheduled for April 25, 2023 at 3:00 p.m. is rescheduled to May 4, 2023 at 3:30 p.m. ORDERED by Judge Gregory B. Williams on 2/22/23. (ntl) (Entered: 02/22/2023) (0)
Feb 6, 2023 550 MEMORANDUM ORDER: 1. Natera's Motion for Summary Judgment and Motion to Preclude Expert Testimony (D.I. 428) is DENIED-IN-PART. 2. Defendants' Partial Motion for Summary Judgment (D.I 429) is DENIED-IN-PART. Signed by Judge Gregory B. Williams on 2/6/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 2/24/2023) (etg). (Entered: 02/06/2023) (11)
Feb 5, 2023 549 Official Transcript of Motion Transcript held on 01.24.2023 before Judge Gregory Williams. Court Reporter/Transcriber Michele Rolfe,Email: michele_rolfe@ded.uscourts.gov. 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 2/27/2023. Redacted Transcript Deadline set for 3/8/2023. Release of Transcript Restriction set for 5/8/2023. (Rolfe, Michele) (Entered: 02/05/2023) (103)
Jan 23, 2023 548 NOTICE of Subsequent Authority by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 01/23/2023) (0)
Jan 20, 2023 547 NOTICE of Subsequent Authority by Natera, Inc. re 429 MOTION for Partial Summary Judgment (Fahnestock, Derek) (Entered: 01/20/2023) (19)
Jan 11, 2023 546 ORAL ORDER: For the oral argument on Tuesday, January 24, 2023 at 10:00 am, the Court will allocate two (2) hours for oral argument with the time to be split equally between the parties. The Court will only hear oral arguments on the parties' respective first two ranked summary judgment motions. See D.I. 467; D.I. 468. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. ORDERED by Judge Gregory B. Williams on 1/11/23. (ntl) (Entered: 01/11/2023) (0)
Nov 8, 2022 538 Redacted Document (Main Document) (9)
Docket Text: REDACTED VERSION of [472] Statement, Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment That Defendants Do Not Infringe the `708 Patent (D.I. 430 at 7-10; D.I. 449 at 5-77) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-7)(Farnan, Michael)
Nov 8, 2022 538 Redacted Document (Exhibits 1-7) (30)
Docket Text: REDACTED VERSION of [472] Statement, Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment That Defendants Do Not Infringe the `708 Patent (D.I. 430 at 7-10; D.I. 449 at 5-77) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-7)(Farnan, Michael)
Nov 8, 2022 539 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [515] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That Defendants Do Not Infringe The `482, `172, and `814 Patents by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Michael)
Nov 8, 2022 539 Redacted Document (Exhibit 1) (19)
Docket Text: REDACTED VERSION of [515] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That Defendants Do Not Infringe The `482, `172, and `814 Patents by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Michael)
Nov 8, 2022 540 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [516] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That The Claims of the `708 Patent Are Indefinite by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Michael)
Nov 8, 2022 540 Redacted Document (Exhibit 1) (30)
Docket Text: REDACTED VERSION of [516] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That The Claims of the `708 Patent Are Indefinite by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Michael)
Nov 8, 2022 541 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [517] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That Defendants Do Not Infringe The `708 Patent by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-2)(Farnan, Michael)
Nov 8, 2022 541 Redacted Document (Exhibits 1-2) (28)
Docket Text: REDACTED VERSION of [517] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That Defendants Do Not Infringe The `708 Patent by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-2)(Farnan, Michael)
Nov 8, 2022 542 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [518] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That The Asserted Patents Are Not Enabled to Their Full Scope by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-2)(Farnan, Michael)
Nov 8, 2022 542 Redacted Document (Exhibits 1-2) (30)
Docket Text: REDACTED VERSION of [518] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That The Asserted Patents Are Not Enabled to Their Full Scope by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-2)(Farnan, Michael)
Nov 8, 2022 543 Redacted Document (4)
Docket Text: REDACTED VERSION of [519] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That The `708 Patent Is Invalid In View of Blomquist by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Nov 8, 2022 544 Redacted Document (5)
Docket Text: REDACTED VERSION of [521] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That Defendants' PCM, Stratafide, and Liquidplex Products Do Not Infringe Any of the Asserted Patents by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Nov 8, 2022 545 Redacted Document (4)
Docket Text: REDACTED VERSION of [522] Statement, Defendants' Response to Plaintiff's Concise Statement of Facts Opposing Summary Judgment That The Priority Applications and Specifications Do Not Adequately Describe The Asserted Claims of the `220, `482, `172, and `814 by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Nov 7, 2022 535 Redacted Document (Main Document) (7)
Docket Text: REDACTED VERSION of [520] Statement, by Natera, Inc.. (Attachments: # (1) Ex. 1)(Fahnestock, Derek)
Nov 7, 2022 535 Redacted Document (Ex. 1) (1)
Docket Text: REDACTED VERSION of [520] Statement, by Natera, Inc.. (Attachments: # (1) Ex. 1)(Fahnestock, Derek)
Nov 7, 2022 536 Redacted Document (6)
Docket Text: REDACTED VERSION of [523] Statement, by Natera, Inc.. (Fahnestock, Derek)
Nov 7, 2022 537 Redacted Document (Main Document) (7)
Docket Text: REDACTED VERSION of [524] Statement, by Natera, Inc.. (Attachments: # (1) Ex. 1)(Fahnestock, Derek)
Nov 7, 2022 537 Redacted Document (Ex. 1) (8)
Docket Text: REDACTED VERSION of [524] Statement, by Natera, Inc.. (Attachments: # (1) Ex. 1)(Fahnestock, Derek)
Nov 1, 2022 530 Scheduling Order (7)
Docket Text: AMENDED SCHEDULING ORDER: An Oral Argument is set for 1/24/2023 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. A Final Pretrial Conference is set for 4/25/2023 at 03:00 PM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Jury Trial is set for 5/8/2023 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Signed by Judge Gregory B. Williams on 11/1/22. (ntl)
Nov 1, 2022 531 Redacted Document (7)
Docket Text: REDACTED VERSION of [493] Statement, by Natera, Inc.. (Fahnestock, Derek)
Nov 1, 2022 532 Redacted Document (4)
Docket Text: REDACTED VERSION of [495] Statement, by Natera, Inc.. (Fahnestock, Derek)
Nov 1, 2022 533 Redacted Document (9)
Docket Text: REDACTED VERSION of [496] Statement, by Natera, Inc.. (Fahnestock, Derek)
Nov 1, 2022 534 Redacted Document (5)
Docket Text: REDACTED VERSION of [498] Statement, by Natera, Inc.. (Fahnestock, Derek)
Oct 31, 2022 525 Statement (7)
Docket Text: STATEMENT -- Natera Inc.'s Reply To D.I. 491 (Defendants' Counterstatement Of Facts In Opposition To Natera Inc.'s Motion For Partial Summary Judgment Of Inequitable Conduct Based On Improper Inventorship (Rank No. 4)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 31, 2022 526 Statement (4)
Docket Text: STATEMENT -- Natera Inc.'s Reply To D.I. 503 (Defendants' Counterstatement Of Facts In Opposition To Natera Inc.'s Motion For Partial Summary Judgment Of No Inequitable Conduct Based On Failure To Disclose Litigation Documents To The USPTO (Rank No. 5)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 31, 2022 527 Statement (7)
Docket Text: STATEMENT -- Natera Inc.'s Reply To D.I. 501 (Defendants' Counterstatement Of Facts In Opposition To Natera Inc.'s Motion For Partial Summary Judgment Of No Invalidity Based On Failure To Claim What The Applicants Regarded As The Invention (Rank No. 6)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 31, 2022 528 Statement (7)
Docket Text: STATEMENT -- Natera Inc.'s Reply To D.I. 494 (Defendants' Counterstatement Of Facts In Opposition To Natera Inc.'s Motion For Partial Summary Judgment Of No Indefiniteness Of The Asserted Claims Of The '708 Patent (Rank No. 7)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 31, 2022 529 Statement (7)
Docket Text: STATEMENT -- Natera Inc.'s Reply To D.I. 497 (Defendants' Counterstatement Of Facts In Opposition To Natera Inc.'s Motion For Partial Summary Judgment Of No Indefiniteness Of The Asserted Claims Of The '814 And '220 Patents (Rank No. 8)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 28, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [513] STIPULATION TO EXTEND TIME for the parties to submit a joint amended proposed Scheduling Order to October 27, 2022 filed by Natera, Inc. Signed by Judge Gregory B. Williams on 10/28/22. (ntl)
Oct 28, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: Corrected main document (proposed scheduling order) added to D.I. [514] per request of counsel. (ntl)
Oct 27, 2022 514 Proposed Order (Main Document) (8)
Docket Text: PROPOSED ORDER -- Amended Scheduling Order -- re [484] Order,,, by Natera, Inc.. (Attachments: # (1) Letter to the Honorable Gregory B. Williams)(Fahnestock, Derek) (Main Document 514 replaced on 10/28/2022) (ntl).
Oct 27, 2022 514 Proposed Order (Letter to the Honorable Gregory B. Williams) (1)
Docket Text: PROPOSED ORDER -- Amended Scheduling Order -- re [484] Order,,, by Natera, Inc.. (Attachments: # (1) Letter to the Honorable Gregory B. Williams)(Fahnestock, Derek) (Main Document 514 replaced on 10/28/2022) (ntl).
Oct 26, 2022 513 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a joint amended proposed Scheduling Order to October 27, 2022 - filed by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 485 Redacted Document (7)
Docket Text: REDACTED VERSION of [476] Statement by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 486 Redacted Document (7)
Docket Text: REDACTED VERSION of [477] Statement by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 487 Redacted Document (5)
Docket Text: REDACTED VERSION of [478] Statement by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 488 Redacted Document (5)
Docket Text: REDACTED VERSION of [479] Statement by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 489 Redacted Document (5)
Docket Text: REDACTED VERSION of [481] Statement, by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 490 Redacted Document (6)
Docket Text: REDACTED VERSION of [482] Statement, by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 491 Statement (Main Document) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Inequitable Conduct Based on Improper Inventorship (D.I. 441 at 24-27) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Farnan, Michael)
Oct 25, 2022 491 Statement (Exhibit 1) (5)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Inequitable Conduct Based on Improper Inventorship (D.I. 441 at 24-27) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Farnan, Michael)
Oct 25, 2022 491 Statement (Exhibit 2) (15)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Inequitable Conduct Based on Improper Inventorship (D.I. 441 at 24-27) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Farnan, Michael)
Oct 25, 2022 491 Statement (Exhibit 3) (30)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Inequitable Conduct Based on Improper Inventorship (D.I. 441 at 24-27) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Farnan, Michael)
Oct 25, 2022 492 Statement (Main Document) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgement of No Invalidity Based on Improper Inventorship (D.I. 441 at 12-23). by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Oct 25, 2022 492 Statement (Exhibit 1) (5)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgement of No Invalidity Based on Improper Inventorship (D.I. 441 at 12-23). by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Oct 25, 2022 492 Statement (Exhibit 2) (14)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgement of No Invalidity Based on Improper Inventorship (D.I. 441 at 12-23). by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Oct 25, 2022 494 Statement (Main Document) (8)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgement of No Indefiniteness of the Asserted Claims of the `708 Patent (D.I. 441 at 1-8) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Michael)
Oct 25, 2022 494 Statement (Exhibit 1) (5)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgement of No Indefiniteness of the Asserted Claims of the `708 Patent (D.I. 441 at 1-8) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1)(Farnan, Michael)
Oct 25, 2022 497 Statement (Main Document) (7)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Indefiniteness of the Asserted Claims of the `814 and `220 Patents (D.I. 441 at 8-12) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Farnan, Michael)
Oct 25, 2022 497 Statement (Exhibit 1) (6)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Indefiniteness of the Asserted Claims of the `814 and `220 Patents (D.I. 441 at 8-12) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Farnan, Michael)
Oct 25, 2022 497 Statement (Exhibit 2) (12)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Indefiniteness of the Asserted Claims of the `814 and `220 Patents (D.I. 441 at 8-12) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Farnan, Michael)
Oct 25, 2022 497 Statement (Exhibit 3) (5)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Indefiniteness of the Asserted Claims of the `814 and `220 Patents (D.I. 441 at 8-12) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Farnan, Michael)
Oct 25, 2022 497 Statement (Exhibit 4) (20)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Indefiniteness of the Asserted Claims of the `814 and `220 Patents (D.I. 441 at 8-12) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Farnan, Michael)
Oct 25, 2022 499 Statement (Main Document) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 499 Statement (Exhibit 1) (8)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 499 Statement (Exhibit 2) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 499 Statement (Exhibit 3) (10)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 499 Statement (Exhibit 4) (6)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 499 Statement (Exhibit 5) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 499 Statement (Exhibit 6) (6)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Prosecution Laches (D.I. 441 at 36-44) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Main Document) (11)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Exhibit 1) (8)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Exhibit 2) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Exhibit 3) (10)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Exhibit 4) (6)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Exhibit 5) (9)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 500 Statement (Exhibit 6) (6)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Unclean Hands (D.I. 441 at 44-45) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Farnan, Michael)
Oct 25, 2022 501 Statement (7)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Invalidity Based on Failure to Claim What The Applicants Regarded As The Invention (D.I. 441 at 30-36) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 25, 2022 502 Statement (Main Document) (6)
Docket Text: STATEMENT -- Natera Inc.'s Response To D.I. 475 (Defendants' Concise Statement Of Facts In Support Of Their Motion For Summary Judgment That Defendants Pcm, Stratafide, And Liquidplex Products Do Not Infringe Any Of The Asserted Patents (D.I. 430 at 11-13; D.I. 449 at 4-5)) -- by Natera, Inc.. (Attachments: # (1) Ex. 1)(Fahnestock, Derek)
Oct 25, 2022 502 Statement (Ex. 1) (7)
Docket Text: STATEMENT -- Natera Inc.'s Response To D.I. 475 (Defendants' Concise Statement Of Facts In Support Of Their Motion For Summary Judgment That Defendants Pcm, Stratafide, And Liquidplex Products Do Not Infringe Any Of The Asserted Patents (D.I. 430 at 11-13; D.I. 449 at 4-5)) -- by Natera, Inc.. (Attachments: # (1) Ex. 1)(Fahnestock, Derek)
Oct 25, 2022 503 Statement (4)
Docket Text: STATEMENT Defendants' Counterstatement of Facts in Opposition to Plaintiff's Motion for Summary Judgment of No Inequitable Conduct Based On Failure to Disclose Litigation Documents to the USPTO (D.I. 441 at 28-30) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 25, 2022 504 Statement (4)
Docket Text: STATEMENT -- Natera Inc.'s Concise Of Facts In Opposition To Defendants' Motion For Summary Judgment That Defendants Pcm, Stratafide, And Liquidplex Products Do Not Infringe Any Of The Asserted Patents (D.I. 430 at 11-13; D.I. 449 at 4-5) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 505 Statement (9)
Docket Text: STATEMENT -- Natera Inc.'s Response To D.I. 474 (Defendants' Concise Statement Of Facts In Support Of Their Motion For Summary Judgment That The Priority Applications And Specifications Do Not Adequately Describe The Asserted Claims Of The '220, '482, '172, And '814 Patents (D.I. 430 at 29-35; D.I. 449 at 14-16)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 506 Statement (6)
Docket Text: STATEMENT -- Natera Inc.'s Concise Statement Of Facts In Opposition To Defendants' Motion For Summary Judgment That The Priority Applications And Specifications Do Not Adequately Describe The Asserted Claims Of The '220, '482, '172, And '814 Patents (D.I. 430 at 29-35; D.I. 449 at 14-16) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 507 Statement (7)
Docket Text: STATEMENT -- Natera Inc.'s Response To D.I. 473 (Defendants' Concise Statement Of Facts In Support Of Their Motion For Summary Judgment That The Asserted Patents Are Not Enabled To Their Full Scope (D.I. 430 at 23-28; D.I. 449 at 10-13)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 508 Statement (5)
Docket Text: STATEMENT -- Natera Inc.'s Concise Statement Of Facts In Opposition To Defendants' Motion For Summary Judgment That The Asserted Patents Are Not Enabled To Their Full Scope (D.I. 430 AT 23-28; D.I. 449 AT 10-13) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 509 Statement (6)
Docket Text: STATEMENT -- Natera Inc.'s Response To D.I. 471 (Defendants' Concise Statement Of Facts In Support Of Their Motion For Summary Judgment That The '708 Patent Is Invalid In View Of Blomquist (D.I. 430 at 13-15; D.I. 449 at 8-9)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 510 Statement (4)
Docket Text: STATEMENT -- Natera Inc.'s Concise Statement Of Facts In Opposition To Defendants' Motion For Summary Judgment That The '708 Patent Is Invalid In View Of Blomquist (D.I. 430 at 13-15; D.I. 449 at 8-9) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 511 Statement (9)
Docket Text: STATEMENT -- Natera Inc.'s Response To D.I. 470 (Defendants' Concise Statement Of Facts In Support Of Their Motion For Summary Judgment That The Claims Of The '708 Patent Are Indefinite (D.I. 430 at 16-22; D.I. 449 at 17-21)) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 25, 2022 512 Statement (7)
Docket Text: STATEMENT -- Natera Inc.'s Concise Statement Of Facts In Opposition To Defendants' Motion For Summary Judgment That The Claims Of The '708 Patent Are Indefinite (D.I. 430 at 16-22; D.I. 449 at 17-21) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 24, 2022 N/A Order (0)
Docket Text: ORAL ORDER: The new proposed scheduling order (D.I. 466) submitted by the parties does not contain certain language included in the Court's form scheduling order which was updated as of October 18, 2022. No later than October 26, 2022, the parties should resubmit their new proposed scheduling order utilizing the Court's updated form scheduling order as of October 18, 2022, with the following revisions: (1) oral argument on the pending summary judgment and Daubert motions will be held on January 24, 2023 at 10:00 a.m., in Courtroom 6B; (2) the Pretrial Conference will be held on April 23, 2023 at 3:00 p.m., in Courtroom 6B; and (3) the jury trial will begin at 9:30 a.m. on May 8, 2023, in Courtroom 6B. ORDERED by Judge Gregory B. Williams on 10/24/22. (ntl)
Oct 18, 2022 469 Statement (6)
Docket Text: STATEMENT Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment That Defendants Do not Infringe the `482, `172, and `814 Patents (D.I. 430 at 5-7; D.I. 449 at 1-3) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 18, 2022 470 Statement (8)
Docket Text: STATEMENT Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment that the Claims of the `708 Patent Are Indefinite (D.I. 430 at 16-22; D.I. 449 at 17-21) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 18, 2022 471 Statement (5)
Docket Text: STATEMENT Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment that the `708 Patent Is Invalid in View of Blomquist (D.I. 430 at 13-15; D.I. 449 at 8-9) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 18, 2022 473 Statement (7)
Docket Text: STATEMENT Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment that the Asserted Patents Are Not Enabled to their Full Scope (D.I. 430 at 23-28; D.I. 449 at 10-13) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 18, 2022 474 Statement (9)
Docket Text: STATEMENT Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment that the Priority Applications and Specifications Do Not Adequately Describe the Asserted Claims of the `220, `482, `172, `708 and `814 Patents (D.I. 430 at 29-35; D.I. 449 at 14-16) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 18, 2022 475 Statement (5)
Docket Text: STATEMENT Defendants' Concise Statement of Facts in Support of its Motion for Summary Judgment That Defendants' PCM, Stratafide, and LiquidPlex Products Do Not Infringe Any of the Asserted Patents (D.I. 430 at 11-13; D.I. 449 at 4-5) by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 18, 2022 480 Statement (4)
Docket Text: STATEMENT -- Natera Inc.'s Concise Statement Of Facts In Support Of Its Motion For Partial Summary Judgment Of No Inequitable Conduct Based On Failure To Disclose Litigation Documents To The USPTO (Rank No. 5) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 18, 2022 483 Statement (5)
Docket Text: STATEMENT -- Natera Inc.'s Concise Statement Of Facts In Support Of Its Motion For Partial Summary Judgment Of No Indefiniteness Of The Asserted Claims Of The '814 And '220 Patents (Rank No. 8) -- by Natera, Inc.. (Fahnestock, Derek)
Oct 17, 2022 466 Proposed Order (Main Document) (4)
Docket Text: PROPOSED ORDER -- Joint Amended Proposed Scheduling Order -- by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Gregory B. Williams)(Fahnestock, Derek)
Oct 17, 2022 466 Proposed Order (Letter to The Honorable Gregory B. Williams) (1)
Docket Text: PROPOSED ORDER -- Joint Amended Proposed Scheduling Order -- by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Gregory B. Williams)(Fahnestock, Derek)
Oct 17, 2022 467 Letter (2)
Docket Text: Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Defendants' Ranking of Summary Judgment Motions - re [463] Order,,,. (Farnan, Brian)
Oct 17, 2022 468 Letter (2)
Docket Text: Letter to The Honorable Gregory B. Williams from Derek J. Fahnestock regarding the Court's October 3, 2022 Order - re [463] Order,,,. (Fahnestock, Derek)
Oct 13, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' e-mail request for clarification regarding the Court's ORAL ORDER on October 3, 2022 (D.I. 461), the parties shall file a separate concise statement of material facts not to exceed six (6) pages for each motion for summary judgment. ORDERED by Judge Gregory B. Williams on 10/13/22. (ntl)
Oct 7, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [464] STIPULATION Regarding Summary Judgment Filings filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Gregory B. Williams on 10/7/2022. (etg)
Oct 6, 2022 464 Stipulation (2)
Docket Text: STIPULATION Regarding Summary Judgment Filings (D.I. 461 and 463) re [461] Order,,,,, [463] Order,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Oct 3, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Counsel for the parties are HEREBY ORDERED to supplement their respective summary judgment motions with separately filed concise statement of material facts in accordance with the procedures set forth in the Concise Statement of Facts Requirement on pages 12 and 13 of my Form Scheduling Order [Patent, Non-ANDA] found on the Court's website. For each motion for summary judgment, the movant shall file its concise statement of material facts, in numbered paragraphs, supported by specific citation(s) to the record and not to exceed six (6) pages, by 5:00 PM on October 11, 2022. For each motion for summary judgment, respondent shall file (1) its separate concise statement of material facts for which it contends there is a genuine issue to be tried, in numbered paragraphs, supported by specific citation(s) to the record, and not to exceed four (4) pages; and (2) its response to the moving party's concise statement of material facts, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis and supported by specific citation(s) to the record, by 5:00 PM on October 18, 2022. For each motion for summary judgment, the movant shall file its reply to respondent's concise statement of material facts, not to exceed four (4) pages and on a paragraph-by-paragraph basis, by 5:00 PM on October 24, 2022. ORDERED by Judge Gregory B. Williams on 10/3/22. (ntl)
Oct 3, 2022 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that, not later than fourteen (14) days from the date of this Order, the parties shall meet and confer and file a joint amended proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (See Chambers, Judge Williams, Forms), along with a cover letter requesting the Court to enter the joint amended proposed Scheduling Order (if there are no disputes or other issues concerning scheduling in the joint amended proposed Scheduling Order that the Court needs to address) or to schedule a status conference. If there are disputes or other issues the Court needs to address in the joint amended proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint amended proposed Scheduling Order which those appear. ORDERED by Judge Gregory B. Williams on 10/3/22. (ntl)
Oct 3, 2022 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that, on or before October 10, 2022: (1) Plaintiff shall file a one-page letter with the Court ranking the grounds for summary judgment raised in its Motion for Partial Summary Judgment (D.I. 429) in whatever order it chooses but with the understanding that once the Court denies summary judgment as to any single ground raised in Plaintiff's motion, the Court will not address any summary judgment grounds that were ranked after that ground; and (2) Defendants shall file a joint, one-page letter with the Court ranking the grounds for summary judgment raised in their Motion for Summary Judgment (D.I. 428) in whatever order they choose but, again, with the understanding that once the Court denies summary judgment as to any single ground raised in Defendants' motions, the Court will not address any summary judgment grounds that were ranked after that ground. ORDERED by Judge Gregory B. Williams on 10/3/22. (ntl)
Sep 7, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Gregory B Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. Associated Cases: 1:20-cv-00125-CFC et al.(nmg)
Aug 18, 2022 460 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Concord Cheung as co-counsel.. (Farnan, Brian)
May 12, 2022 N/A Status Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Colm F. Connolly - In-Person Status Conference held on 5/12/2022. (Court Reporter Bonnie Archer.) (nmf)
Apr 29, 2022 459 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Justin L. Constant as co-counsel.. (Farnan, Michael)
Apr 6, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER Setting Hearings( An In-Person Scheduling and Status Conference is set for 5/12/2022 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 4/6/2022. (nmf)
Apr 4, 2022 N/A Case No Longer Referred to Mediation (0)
Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel)
Mar 30, 2022 458 Status Report (4)
Docket Text: Joint STATUS REPORT - by Natera, Inc.. (Fahnestock, Derek)
Mar 16, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: All pending hearings are vacated. The parties shall file a status report with the court on or before March 30, 2022. STATUS REPORT ORDER:( Status Report due by 3/30/2022.) Ordered by Judge Colm F. Connolly on 3/16/2022. (nmf)
Mar 11, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:20-cv-00125-CFC, 1:20-cv-01047-CFC, 1:20-cv-01352-CFC, 1:21-cv-00056-CFC, 1:21-cv-00699-CFC and 1:21-cv-01635-CFC(rjb)
Mar 4, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Priyata Y. Patel for ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation 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. (twk)
Mar 4, 2022 454 Redacted Document (30)
Docket Text: REDACTED VERSION of [449] Reply Brief by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Mar 4, 2022 455 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [452] Declaration,, of Concord Cheung by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Appendix A-I, # (2) Exhibit 1-20)(Farnan, Michael)
Mar 4, 2022 455 Redacted Document (Appendix A-I) (19)
Docket Text: REDACTED VERSION of [452] Declaration,, of Concord Cheung by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Appendix A-I, # (2) Exhibit 1-20)(Farnan, Michael)
Mar 4, 2022 455 Redacted Document (Exhibit 1-20) (30)
Docket Text: REDACTED VERSION of [452] Declaration,, of Concord Cheung by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Appendix A-I, # (2) Exhibit 1-20)(Farnan, Michael)
Mar 4, 2022 456 Redacted Document (30)
Docket Text: REDACTED VERSION of [450] Reply Brief by Natera, Inc.. (Fahnestock, Derek)
Mar 4, 2022 457 Redacted Document (Main Document) (3)
Docket Text: REDACTED VERSION of [451] Declaration by Natera, Inc.. (Attachments: # (1) Exhibits 35-41)(Fahnestock, Derek)
Mar 4, 2022 457 Redacted Document (Exhibits 35-41) (30)
Docket Text: REDACTED VERSION of [451] Declaration by Natera, Inc.. (Attachments: # (1) Exhibits 35-41)(Fahnestock, Derek)
Mar 3, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [453] MOTION for Pro Hac Vice Appearance of Attorney Priyata Y. Patel filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 3/3/22. (ntl)
Mar 3, 2022 453 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Priyata Y. Patel - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Feb 21, 2022 447 Redacted Document (30)
Docket Text: REDACTED VERSION of [442] Answering Brief in Opposition by Natera, Inc.. (Fahnestock, Derek)
Feb 21, 2022 448 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [443] Declaration by Natera, Inc.. (Attachments: # (1) Exhibits 1-23)(Fahnestock, Derek)
Feb 21, 2022 448 Redacted Document (Exhibits 1-23) (30)
Docket Text: REDACTED VERSION of [443] Declaration by Natera, Inc.. (Attachments: # (1) Exhibits 1-23)(Fahnestock, Derek)
Feb 18, 2022 445 Redacted Document (30)
Docket Text: REDACTED VERSION of [441] Answering Brief in Opposition, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Feb 18, 2022 446 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [444] Declaration,,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-UU)(Farnan, Brian)
Feb 18, 2022 446 Redacted Document (Exhibits A-UU) (30)
Docket Text: REDACTED VERSION of [444] Declaration,,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-UU)(Farnan, Brian)
Feb 15, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: Corrected Exhibit II added to D.I. 444 per request of counsel. (ntl)
Feb 3, 2022 440 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Kaitlin Paulson as co-counsel.. (Farnan, Brian)
Feb 2, 2022 439 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Responsive Expert Report of Paul T. Spellman, Ph.D. filed by Natera, Inc..(Raucci, Anthony)
Feb 1, 2022 437 Redacted Document (30)
Docket Text: REDACTED VERSION of [432] Opening Brief in Support, by Natera, Inc.. (Fahnestock, Derek)
Feb 1, 2022 438 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [433] Declaration, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibit 5, # (3) Exhibits 6-34)(Fahnestock, Derek)
Feb 1, 2022 438 Redacted Document (Exhibits 1-4) (30)
Docket Text: REDACTED VERSION of [433] Declaration, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibit 5, # (3) Exhibits 6-34)(Fahnestock, Derek)
Feb 1, 2022 438 Redacted Document (Exhibit 5) (30)
Docket Text: REDACTED VERSION of [433] Declaration, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibit 5, # (3) Exhibits 6-34)(Fahnestock, Derek)
Feb 1, 2022 438 Redacted Document (Exhibits 6-34) (30)
Docket Text: REDACTED VERSION of [433] Declaration, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibit 5, # (3) Exhibits 6-34)(Fahnestock, Derek)
Jan 28, 2022 435 Redacted Document (30)
Docket Text: REDACTED VERSION of [430] Opening Brief in Support, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Jan 28, 2022 436 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [434] Declaration,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-N, # (2) Exhibit O - Part 1 of 2, # (3) Exhibit O - Part 2 of 2, # (4) Exhibits P-JJ)(Farnan, Brian)
Jan 28, 2022 436 Redacted Document (Exhibits A-N) (14)
Docket Text: REDACTED VERSION of [434] Declaration,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-N, # (2) Exhibit O - Part 1 of 2, # (3) Exhibit O - Part 2 of 2, # (4) Exhibits P-JJ)(Farnan, Brian)
Jan 28, 2022 436 Redacted Document (Exhibit O - Part 1 of 2) (30)
Docket Text: REDACTED VERSION of [434] Declaration,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-N, # (2) Exhibit O - Part 1 of 2, # (3) Exhibit O - Part 2 of 2, # (4) Exhibits P-JJ)(Farnan, Brian)
Jan 28, 2022 436 Redacted Document (Exhibit O - Part 2 of 2) (30)
Docket Text: REDACTED VERSION of [434] Declaration,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-N, # (2) Exhibit O - Part 1 of 2, # (3) Exhibit O - Part 2 of 2, # (4) Exhibits P-JJ)(Farnan, Brian)
Jan 28, 2022 436 Redacted Document (Exhibits P-JJ) (30)
Docket Text: REDACTED VERSION of [434] Declaration,,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-N, # (2) Exhibit O - Part 1 of 2, # (3) Exhibit O - Part 2 of 2, # (4) Exhibits P-JJ)(Farnan, Brian)
Jan 21, 2022 428 Motion for Summary Judgment (Main Document) (2)
Docket Text: MOTION for Summary Judgment , MOTION to Preclude Expert Testimony - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian)
Jan 21, 2022 428 Motion for Summary Judgment (Text of Proposed Order) (2)
Docket Text: MOTION for Summary Judgment , MOTION to Preclude Expert Testimony - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian)
Jan 21, 2022 429 Motion for Partial Summary Judgment (3)
Docket Text: MOTION for Partial Summary Judgment - filed by Natera, Inc.. (Fahnestock, Derek)
Jan 21, 2022 431 Motion to Preclude (3)
Docket Text: MOTION to Preclude Certain Expert Testimony - filed by Natera, Inc.. (Fahnestock, Derek)
Jan 13, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' submissions (see, e.g., D.I. 410, 419, 421) filed in connection with Natera's motion to strike Dr. Gregory Cooper's supplemental expert report, IT IS HEREBY ORDERED that Natera's motion (D.I. 409) is DENIED. The Pennypack factors do not warrant the relief sought by Natera. Dr. Cooper's short report specifically addresses the corrected claims asserted in the third amended complaint, which was filed after Defendants' expert reports were served. There is no significant prejudice to Natera from having this report and having its own expert prepare a similarly short report (as he must do if he is going to provide opinions on Dr. Cooper's supplemental report) so as to eliminate the risk of unfair surprise to either side at trial. The Court's recognition that "Defendants have long been on notice of Natera's intent to assert the corrected claims" (D.I. 382) did not create any obligation for Defendants to disclose opinions on claims before those claims were made part of the case. Dr. Cooper's anticipatory statements made in footnotes in his prior reports, to the effect that his opinions "are not affected" by the correction of the patent (see, e.g., D.I. 410 Exs. 2, 3), do not preclude him from providing additional opinions on the corrected claims once they were actually asserted. This is Dr. Cooper's first opportunity to opine on claims recently added to the case, which makes his supplemental report important. Any prejudice or surprise to Natera is cured by its expert submitting an additional report and the parties conducting short, supplemental depositions, if they wish, and slightly modifying the schedule for briefing motions, if they wish. This dispute does not threaten to disrupt trial, which is more than four months away. While the Court does not conclude that Defendants acted in bad faith, the Court is nonetheless troubled that Defendants did not follow the procedures of the Scheduling Order (D.I. 60) and ask Plaintiff for consent to file the supplemental report and/or seek leave of the Court (which would have been granted, given that the complaint was amended to add the corrected claims only after the scheduled expert reports had been served). It is further perplexing that Defendants fail to address this point in their letter brief. Nevertheless, because the "extreme sanction" of striking the report is not warranted, and the Court sees no necessity (given the time until trial) to permit Plaintiff's expert to testify to opinions he does not disclose in a report, Natera's motion (D.I. 409) is denied. ORDERED by Judge Leonard P. Stark on 1/13/22. (ntl)
Jan 4, 2022 426 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [421] Letter, by Natera, Inc.. (Attachments: # (1) Exhibit 5)(Fahnestock, Derek)
Jan 4, 2022 426 Redacted Document (Exhibit 5) (7)
Docket Text: REDACTED VERSION of [421] Letter, by Natera, Inc.. (Attachments: # (1) Exhibit 5)(Fahnestock, Derek)
Dec 22, 2021 423 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' First Supplemental Objections and Responses to First Set of Requests for Admission (Nos. 8, 12, 14 and 16) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 22, 2021 424 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Third Supplemental Responses and Objections to Defendants' Fifth Set of Interrogatories [No. 19] and (2) Natera, Inc.'s First Supplemental Responses and Objections to Defendants' First Set of Requests for Admissions [Nos. 2 and 4] filed by Natera, Inc..(Fahnestock, Derek)
Dec 22, 2021 425 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [419] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-K)(Farnan, Michael)
Dec 22, 2021 425 Redacted Document (Exhibits A-K) (28)
Docket Text: REDACTED VERSION of [419] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-K)(Farnan, Michael)
Dec 20, 2021 420 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [410] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4)(Fahnestock, Derek)
Dec 20, 2021 420 Redacted Document (Exhibits 1-4) (7)
Docket Text: REDACTED VERSION of [410] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4)(Fahnestock, Derek)
Dec 20, 2021 422 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Teleconference - re [409] MOTION to Strike Portions of Defendants' Supplemental Expert Report of Dr. Gregory M. Cooper. (Fahnestock, Derek)
Dec 14, 2021 418 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Supplemental Expert Report of Nathan K. Kelley filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 10, 2021 417 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Gregory Cooper on December 13, 2021 and January 7, 2022 filed by Natera, Inc..(Fahnestock, Derek)
Dec 9, 2021 411 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Robert Stoll on 12/10/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 9, 2021 412 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Anup Malani on 12/10/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 9, 2021 413 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Ryan Sullivan on 12/15/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 9, 2021 414 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Jerzy Wojcik on 12/15/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 9, 2021 415 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of John Quackenbush on 12/17/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 9, 2021 416 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Paul Spellman on 12/22/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Dec 8, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [408] MOTION for Pro Hac Vice Appearance of Attorney Ian Moore filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 12/8/21. (ntl)
Dec 8, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Ian A. Moore for ArcherDX, Inc.,for ArcherDX, LLC, for Invitae Corporation 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)
Dec 8, 2021 408 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ian Moore - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Dec 8, 2021 409 Motion to Strike (3)
Docket Text: MOTION to Strike Portions of Defendants' Supplemental Expert Report of Dr. Gregory M. Cooper - filed by Natera, Inc.. (Fahnestock, Derek)
Dec 2, 2021 405 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of James Malackowski on December 14, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Dec 2, 2021 406 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Nathan Kelley on December 15, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Dec 2, 2021 407 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Stephen Amato on December 17, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Nov 24, 2021 402 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Supplemental Expert Report of Dr. Gregory M. Cooper filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Nov 24, 2021 403 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Mariah White on December 3, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Nov 24, 2021 404 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Sunny Gilbert on December 8, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Nov 22, 2021 400 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Reply Expert Report of Nathan K. Kelley and (ii) Reply Expert Report of Dr. Gregory M. Cooper Regarding Invalidity filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Nov 22, 2021 401 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Timothy Holwick on December 1, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Nov 19, 2021 399 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of John Quackenbush, Ph.D., (2) Reply Report of Anup Malani, Ph.D., (3) Reply Expert Report of Jerzy Wojcik, and (4) Reply Report of Ryan Sullivan, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
Nov 18, 2021 398 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Joshua Stahl on November 22, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Nov 16, 2021 397 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Jeffery Costa on November 18, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Nov 10, 2021 395 Answer to Counterclaim (30)
Docket Text: ANSWER to [393] Answer to Amended Complaint,,, Counterclaim,, by Natera, Inc..(Fahnestock, Derek)
Nov 10, 2021 396 Redacted Document (Main Document) (30)
Docket Text: REDACTED VERSION of [393] Answer to Amended Complaint,,, Counterclaim,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-26)(Farnan, Michael)
Nov 10, 2021 396 Redacted Document (Exhibits 1-26) (30)
Docket Text: REDACTED VERSION of [393] Answer to Amended Complaint,,, Counterclaim,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-26)(Farnan, Michael)
Nov 5, 2021 394 Transcript (8)
Docket Text: Official Transcript of Telephone Conference held on October 25, 2021 before Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/29/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (bpg)
Nov 1, 2021 392 Redacted Document (3)
Docket Text: REDACTED VERSION of [381] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 27, 2021 391 Complaint* (1)
Oct 27, 2021 391 Amended Complaint (Main Document) (30)
Docket Text: Third AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibits 5-42)(Fahnestock, Derek)
Oct 27, 2021 391 Amended Complaint (Exhibits 1-4) (30)
Docket Text: Third AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibits 5-42)(Fahnestock, Derek)
Oct 27, 2021 391 Amended Complaint (Exhibits 5-42) (30)
Docket Text: Third AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibits 5-42)(Fahnestock, Derek)
Oct 25, 2021 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 10/25/2021. (Court Reporter B. Gaffigan.) (ntl)
Oct 25, 2021 380 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Expert Rebuttal Report of James E. Malackowski; (ii) Expert Report of Stephen F. Amato; and (iii) Expert Report of Dr. Gregory M. Cooper regarding Noninfringement filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' submissions relating to the certificate of correction with respect to the '482 patent and the final infringement contentions of nine dependent claims of the '814, '172, and '482 patents (see, e.g., D.I. 302, 305, 316, 317, 325, 328, 343), IT IS HEREBY ORDERED that: (1) Defendants' motion to strike portions of Natera's final infringement contentions (D.I. 301) is DENIED and (2) Natera's motion for leave to file Third Amended Consolidated Complaint (D.I. 304) is GRANTED. As Natera correctly understands, to press a claim for post-issuance infringement of the corrected claims it is necessary for Natera to file a complaint asserting such corrected claims, which Natera may do either in the instant action or a new action. (See generally D.I. 343 at 2) ("Natera has never contended that the Certificate of Correction is retroactively applicable as of the date of issue, but is for infringement occurring after the Certificate of Correction has issued."). Natera has demonstrated sufficient diligence to meet its burden to show good cause to add the cause of action to the instant action, notwithstanding the passage of the deadline for amending the pleadings, given that Defendants have long been on notice of Natera's intent to assert the corrected claims and that Natera moved to amend shortly after the corrected claims were issued. Defendants' claims of bad faith are unpersuasive, as are their claims of unfair prejudice - particularly given that the alternative to granting Natera's request is that Natera would initiate a new case, which would be assigned to the same judge and would be consolidated with the instant action, leaving the parties in the same position they are in as a result of today's order. Nor will the Court strike the nine dependent claims Natera first asserted in its final infringement contentions; both sides have expanded the case (with Defendants newly asserting 68 prior art references in their final invalidity contentions) at a time when it should be narrowing and the one-sided relief sought by Defendants would be unfair. The Court is not, at present, persuaded that any modification of the schedule is warranted, and the Court most certainly does not intend to invite more motions practice in this already highly-litigious action. Nevertheless, if either side believes that this or any other order creates a meritorious basis to seek to modify the schedule, any party may file a motion seeking to do so. IT IS FURTHER ORDERED that: (1) Natera shall file its Third Amended Consolidated Complaint no later than October 27 and (2) there is no need for argument on Defendants' motion to strike or Natera's motion to amend during today's teleconference. ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' filings (see, e.g., D.I. 309, 324, 330) relating to Defendants' motion for leave to amend their Answer and Counterclaims to add an inequitable conduct defense and corresponding declaratory judgment counterclaims, IT IS HEREBY ORDERED that Defendants' motion (D.I. 308) is GRANTED. The only basis for Natera's opposition is futility - and most of the evidence Natera invites the Court to consider is not properly considered on a motion to dismiss, in connection with which the Court must take the well-pled factual allegations as true - but the Court is not persuaded that Defendants have failed to state a claim on which relief may be granted (if, ultimately, it is proven by clear and convincing evidence). While it may well turn out that Defendants have nothing more than unprovable suspicions of nefarious conduct by Natera with respect to its identification of inventors, Defendants have adequately alleged both materiality and deceptive intent, as required to plead inequitable conduct. IT IS FURTHER ORDERED that: (1) Defendants shall file their Amended Answer and Counterclaims no later than November 3 and (2) there is no need for argument on Defendants' motion during today's teleconference. ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' filings (see, e.g., D.I. 353, 361, 367) relating to Defendants' motion to strike portions of the expert report of John Quackenbush, IT IS HEREBY ORDERED that Defendants' motion (D.I. 352) is DENIED. While Natera's disclosure of its doctrine of equivalents ("DOE") theory in its infringement contentions was little more than boilerplate - an approach which, when taken, comes with a substantial risk of not being permitted to pursue DOE as a case moves into expert discovery and case-dispositive motions - overall the Pennypack factors do not support the extreme sanction of exclusion of evidence as requested by Defendants. The Court is not persuaded that Defendants are unfairly prejudiced or even surprised by Dr. Quackenbursh's DOE opinions. Any prejudice is curable, including by (if necessary) providing Defendants additional time to conduct experiments and serve expert reports, without disrupting progress toward trial, as scheduled. The DOE theory is important to Natera's case and there is no indication Natera has acted in bad faith. The other portions of Defendants' motion do not provide a basis for relief: the Court has ruled in an earlier order issued today that Natera is permitted to assert the corrected claims of the '482 patent and any disputes as to DOE opinions Dr. Quackenbush may assert in a forthcoming report are premature. IT IS FURTHER ORDERED that there is no need for argument on Defendants' motion during today's teleconference. ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' filings (see, e.g., D.I. 355, 365, 369) relating to Natera's motion to strike portions of Dr. Gregory Cooper's report regarding invalidity, IT IS HEREBY ORDERED that Natera's motion (D.I. 354) is DENIED. The Court is persuaded that the omission of the challenged document from Defendants' final invalidity contentions was inadvertent. The Court further believes that Natera understood the inadvertent nature of the omission and, therefore, was neither surprised nor prejudiced by the inclusion of the challenged opinion in Dr. Cooper's report. If Natera truly believes it is somehow prejudiced, that prejudice can be cured - for instance by a rebuttal expert report and/or deposition of Dr. Cooper - without disrupting progress toward trial, as scheduled. There is simply no basis for the extreme sanction of excluding evidence here. IT IS FURTHER ORDERED that there is no need for argument on Natera's motion during today's teleconference. ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 25, 2021 386 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Rebuttal Expert Report of Robert L. Stoll and (2) Expert Report of Paul T. Spellman, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
Oct 25, 2021 387 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [367] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-16)(Farnan, Brian)
Oct 25, 2021 387 Redacted Document (Exhibits 1-16) (16)
Docket Text: REDACTED VERSION of [367] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-16)(Farnan, Brian)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the materials submitted in connection with the latest discovery disputes raised by Defendants (see, e.g., D.I. 341, 344, 357, 363), IT IS HEREBY ORDERED that: (1) the request that the Court compel Natera to identify the "single embodiments" in response to Interrogatory No. 24 is DENIED, as Natera's supplemental response is sufficient, particularly given that Defendants bear the burden on their invalidity defenses, the level of detail provided in Natera's response is commensurate with what Defendants have likewise provided, and "Natera identified numerous single embodiments in the specification that disclose each element of the asserted claims that are clearly reflected by the pin-cites to the specification" (D.I. 363 at 1); (2) the request to compel Natera to provide a list of witnesses that purportedly "received improper coaching" (and for the Court to provide a limiting instruction at trial) is DENIED, as the Court is not persuaded anything improper occurred, having reviewed the cited portions of the depositions in context, including "Defendants' strategy of asking broad questions implicating legal issues and privilege" (D.I. 344 at 1); (3) the request to order Dr. Zimmerman to appear for further deposition is DENIED, as Defendants have already used all of their allotted time with this witness and did so, at least at times, in an argumentative and repetitive fashion that seemed to call for privileged information, and no meritorious reason for compelling additional (likely cumulative) responses is provided; and (4) Defendants' request that Natera provide a Rule 30(b)(6) witness to testify again on Topic 55 is GRANTED, as the previous designee (Dr. Zimmerman) was not adequately prepared to answer questions on this topic. IT IS FURTHER ORDERED that there is no need for argument on Defendants' discovery disputes during today's teleconference. ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the materials submitted in connection with the latest discovery disputes raised by Natera (see, e.g., D.I. 358, 362), IT IS HEREBY ORDERED that: (1) the parties shall be prepared to discuss during the teleconference today whether Defendants' counsel improperly instructed witnesses not to search for documents responsive to subpoenas and, if so, what relief (if any) can and should be provided by this Court; and (2) Natera's request to compel a further response to Interrogatory No. 5, seeking non-infringement contentions, is DENIED, as Defendants' supplemental response is sufficient, particularly given that Natera bears the burden on its infringement claims, the level of detail provided in Defendants' response is commensurate with what Natera has likewise provided, and "Defendants have provided particularized, non-infringement rationales for each of the five asserted patents" (D.I. 362 at 3). ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 25, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' filings (see, e.g., D.I. 360, 378, 381) relating to Defendants' motion to strike the interviews of Bob Schueren and Matthew Mega that are relied upon by Natera's damages expert, Dr. Sullivan, IT IS HEREBY ORDERED that Defendants' motion (D.I. 359) is DENIED. The Court is not persuaded that Defendants are either surprised or prejudiced, as the substantive information included in the interviews was already disclosed by Natera during the course of litigation, and Defendants have had a fair opportunity to explore the topics at issue during fact discovery. Any prejudice is curable by, for example, short depositions of Messrs. Schueren and/or Mega and a rebuttal expert report, without disrupting progress toward trial, as scheduled. While the information does not appear to be especially important, given Natera's insistence that it is redundant of other information already contained in the record, overall the Pennypack factors do not support the extreme sanction of excluding the evidence at issue here. ORDERED by Judge Leonard P. Stark on 10/25/21. (ntl)
Oct 22, 2021 379 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [365] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-5)(Farnan, Michael)
Oct 22, 2021 379 Redacted Document (Exhibits 1-5) (5)
Docket Text: REDACTED VERSION of [365] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-5)(Farnan, Michael)
Oct 21, 2021 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument, to the extent necessary, on the motions to strike expert report (D.I. 352, 354) during the teleconference on October 25. ORDERED by Judge Leonard P. Stark on 10/21/21. (ntl)
Oct 21, 2021 374 Redacted Document (Main Document) (7)
Docket Text: REDACTED VERSION of [361] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-9)(Fahnestock, Derek)
Oct 21, 2021 374 Redacted Document (Exhibits 1-9) (26)
Docket Text: REDACTED VERSION of [361] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-9)(Fahnestock, Derek)
Oct 21, 2021 375 Redacted Document (Main Document) (3)
Docket Text: REDACTED VERSION of [363] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-3)(Fahnestock, Derek)
Oct 21, 2021 375 Redacted Document (Exhibits 1-3) (7)
Docket Text: REDACTED VERSION of [363] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-3)(Fahnestock, Derek)
Oct 21, 2021 376 Redacted Document (Main Document) (3)
Docket Text: REDACTED VERSION of [360] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian)
Oct 21, 2021 376 Redacted Document (Exhibit A) (1)
Docket Text: REDACTED VERSION of [360] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit A)(Farnan, Brian)
Oct 21, 2021 377 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [362] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-18)(Farnan, Brian)
Oct 21, 2021 377 Redacted Document (Exhibits 1-18) (30)
Docket Text: REDACTED VERSION of [362] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-18)(Farnan, Brian)
Oct 19, 2021 371 Redacted Document (Main Document) (2)
Docket Text: REDACTED VERSION of [357] Letter by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-B)(Farnan, Brian)
Oct 19, 2021 371 Redacted Document (Exhibits A-B) (2)
Docket Text: REDACTED VERSION of [357] Letter by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-B)(Farnan, Brian)
Oct 19, 2021 372 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [358] Letter by Natera, Inc.. (Attachments: # (1) Exhibit 1-10)(Fahnestock, Derek)
Oct 19, 2021 372 Redacted Document (Exhibit 1-10) (30)
Docket Text: REDACTED VERSION of [358] Letter by Natera, Inc.. (Attachments: # (1) Exhibit 1-10)(Fahnestock, Derek)
Oct 18, 2021 368 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Teleconference - re [352] MOTION to Strike Portions of Plaintiff Natera, Inc.'s Expert Report of Dr. John Quackenbush . (Farnan, Brian)
Oct 18, 2021 370 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding request for a teleconference - re [354] MOTION to Strike Portions of Defendants' Expert Report of Dr. Gregory Cooper Regarding Invalidity. (Fahnestock, Derek)
Oct 15, 2021 366 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [355] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4)(Fahnestock, Derek)
Oct 15, 2021 366 Redacted Document (Exhibits 1-4) (30)
Docket Text: REDACTED VERSION of [355] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4)(Fahnestock, Derek)
Oct 14, 2021 359 Motion for Miscellaneous Relief (Main Document) (2)
Docket Text: MOTION to Strike Portions of Plaintiff's Expert Report of Dr. Ryan Sullivan - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Rule 7.1.1 Certification)(Farnan, Brian)
Oct 14, 2021 359 Motion for Miscellaneous Relief (Text of Proposed Order) (1)
Docket Text: MOTION to Strike Portions of Plaintiff's Expert Report of Dr. Ryan Sullivan - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Rule 7.1.1 Certification)(Farnan, Brian)
Oct 14, 2021 359 Motion for Miscellaneous Relief (Rule 7.1.1 Certification) (1)
Docket Text: MOTION to Strike Portions of Plaintiff's Expert Report of Dr. Ryan Sullivan - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Rule 7.1.1 Certification)(Farnan, Brian)
Oct 14, 2021 364 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [353] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-16)(Farnan, Michael)
Oct 14, 2021 364 Redacted Document (Exhibits 1-16) (16)
Docket Text: REDACTED VERSION of [353] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-16)(Farnan, Michael)
Oct 8, 2021 354 Motion to Strike (3)
Docket Text: MOTION to Strike Portions of Defendants' Expert Report of Dr. Gregory Cooper Regarding Invalidity - filed by Natera, Inc.. (Fahnestock, Derek)
Oct 8, 2021 356 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [344] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-5)(Fahnestock, Derek)
Oct 8, 2021 356 Redacted Document (Exhibits 1-5) (5)
Docket Text: REDACTED VERSION of [344] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-5)(Fahnestock, Derek)
Oct 7, 2021 352 Motion for Miscellaneous Relief (Main Document) (2)
Docket Text: MOTION to Strike Portions of Plaintiff Natera, Inc.'s Expert Report of Dr. John Quackenbush - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Rule 7.1.1 Certification)(Farnan, Brian)
Oct 7, 2021 352 Motion for Miscellaneous Relief (Text of Proposed Order) (1)
Docket Text: MOTION to Strike Portions of Plaintiff Natera, Inc.'s Expert Report of Dr. John Quackenbush - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Rule 7.1.1 Certification)(Farnan, Brian)
Oct 7, 2021 352 Motion for Miscellaneous Relief (Rule 7.1.1 Certification) (1)
Docket Text: MOTION to Strike Portions of Plaintiff Natera, Inc.'s Expert Report of Dr. John Quackenbush - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Text of Proposed Order, # (2) Rule 7.1.1 Certification)(Farnan, Brian)
Oct 6, 2021 350 Redacted Document (30)
Docket Text: REDACTED VERSION of [341] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 6, 2021 351 Redacted Document (8)
Docket Text: REDACTED VERSION of [340] MOTION to Include Additional Dispute in September 29, 2021 Opening Discovery Dispute Letter by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Oct 4, 2021 347 Reply Brief (3)
Docket Text: REPLY BRIEF re [340] MOTION to Include Additional Dispute in September 29, 2021 Opening Discovery Dispute Letter filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Oct 4, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having, on September 21, scheduled a teleconference for October 8 to address the parties' latest discovery disputes (D.I. 337), and having thereafter received from the parties (i) a motion (D.I. 340) to include an additional discovery dispute in the letters preceding the upcoming teleconference (and full briefing on such motion, see D.I. 345, 347), and (ii) a joint letter advising the Court the parties have still more additional disputes requiring judicial attention (D.I. 342), IT IS HEREBY ORDERED that the teleconference is RESCHEDULED for October 25 beginning at 3:15 p.m. IT IS FURTHER ORDERED that letter briefs, not to exceed three pages each, addressing the three discovery disputes identified in D.I. 342 shall be filed on October 12 and 14. Finally, the motion to include an additional discovery dispute (D.I. 340) is DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 10/4/21. (ntl)
Oct 4, 2021 349 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Expert Report of Dr. Gregory M. Cooper Regarding Invalidity and (ii) Expert Report of Nathan K. Kelley filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Oct 1, 2021 343 Status Report (Main Document) (3)
Docket Text: Joint STATUS REPORT by Natera, Inc.. (Attachments: # (1) Exhibit 1)(Fahnestock, Derek)
Oct 1, 2021 343 Status Report (Exhibit 1) (30)
Docket Text: Joint STATUS REPORT by Natera, Inc.. (Attachments: # (1) Exhibit 1)(Fahnestock, Derek)
Oct 1, 2021 345 Response to Motion (3)
Docket Text: RESPONSE to Motion re [340] MOTION to Include Additional Dispute in September 29, 2021 Opening Discovery Dispute Letter filed by Natera, Inc.. (Fahnestock, Derek)
Oct 1, 2021 346 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Report of Anup Malani, Ph.D., (2) Expert Report of John Quackenbush, Ph.D., (3) Report of Ryan Sullivan, Ph.D. and (4) Expert Report of Jerzy Wojcik filed by Natera, Inc..(Fahnestock, Derek)
Sep 30, 2021 342 Letter (1)
Docket Text: Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
Sep 22, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [338] MOTION for Pro Hac Vice Appearance of Attorney Justin L. Constant filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 9/22/21. (ntl)
Sep 21, 2021 336 Memorandum and Order (7)
Docket Text: MEMORANDUM ORDER resolving multiple discovery disputes. Signed by Judge Leonard P. Stark on 9/21/21. (ntl)
Sep 21, 2021 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: After having been advised by Plaintiff and Defendants of their inability to resolve still more discovery disputes (D.I. 321), IT IS HEREBY ORDERED that a teleconference is scheduled for October 8, 2021 at 4:45 p.m. At that time, the Court will hear argument, to the extent necessary, on any ripe discovery disputes and on the pending motions (D.I. 301, 304, 308). The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than September 29, any party seeking discovery relief regarding the disputes identified in D.I. 321 shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than October 1, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. IT IS FURTHER ORDERED that also not later than October 1 the parties shall file a joint status report advising the Court as to their updated positions and how, if at all, the motion to strike infringement contentions (D.I. 301) and the motion for leave to amend (D.I. 304), regarding the '482 patent, are impacted by the Court's recent ruling in Huber Engineered Woods LLC v. Louisiana-Pacific Corp. (19-342-LPS D.I. 215). ORDERED by Judge Leonard P. Stark on 9/21/21. (ntl)
Sep 21, 2021 338 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Justin L. Constant - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Sep 21, 2021 339 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [330] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-C)(Farnan, Brian)
Sep 21, 2021 339 Redacted Document (Exhibits A-C) (5)
Docket Text: REDACTED VERSION of [330] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-C)(Farnan, Brian)
Sep 17, 2021 335 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Responses and Objections to Defendants' Fifth Set of Interrogatories [Nos. 18, 24 and 25] filed by Natera, Inc..(Fahnestock, Derek)
Sep 16, 2021 334 Redacted Document (4)
Docket Text: REDACTED VERSION of [328] Letter by Natera, Inc.. (Fahnestock, Derek)
Sep 14, 2021 332 Redacted Document (Main Document) (7)
Docket Text: REDACTED VERSION of [317] Letter, by Natera, Inc.. (Attachments: # (1) Exhibit A)(Fahnestock, Derek)
Sep 14, 2021 332 Redacted Document (Exhibit A) (1)
Docket Text: REDACTED VERSION of [317] Letter, by Natera, Inc.. (Attachments: # (1) Exhibit A)(Fahnestock, Derek)
Sep 14, 2021 333 Notice (Other) (30)
Docket Text: NOTICE of Amended Subpoenas to Dr. Long Phi Le and Dr. John Iafrate by Natera, Inc. (Fahnestock, Derek)
Sep 13, 2021 331 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Teleconference regarding Defendants' Motion to Amend - re [308] MOTION to Amend/Correct [133] Answer to Amended Complaint,, Counterclaim, . (Farnan, Brian)
Sep 10, 2021 325 Letter (4)
Docket Text: Letter to The Honorable Leonard P. Stark from Michael J. Farnan regarding Reply Letter Brief in Support of Motion to Strike - re [301] MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions . (Farnan, Michael)
Sep 10, 2021 326 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Teleconference - re [301] MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions . (Farnan, Brian)
Sep 10, 2021 327 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [312] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-19)(Farnan, Michael)
Sep 10, 2021 327 Redacted Document (Exhibits 1-19) (30)
Docket Text: REDACTED VERSION of [312] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-19)(Farnan, Michael)
Sep 10, 2021 329 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Teleconference - re [304] MOTION for Leave to File Third Amended Consolidated Complaint. (Fahnestock, Derek)
Sep 9, 2021 321 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
Sep 9, 2021 322 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [307] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-11)(Fahnestock, Derek)
Sep 9, 2021 322 Redacted Document (Exhibits 1-11) (30)
Docket Text: REDACTED VERSION of [307] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-11)(Fahnestock, Derek)
Sep 9, 2021 323 Redacted Document (Main Document) (3)
Docket Text: REDACTED VERSION of [309] Letter, by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Farnan, Brian)
Sep 9, 2021 323 Redacted Document (Exhibit A) (30)
Docket Text: REDACTED VERSION of [309] Letter, by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Farnan, Brian)
Sep 9, 2021 323 Redacted Document (Exhibit B) (30)
Docket Text: REDACTED VERSION of [309] Letter, by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Farnan, Brian)
Sep 8, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [310] Joint STIPULATION TO EXTEND TIME for Certain Discovery Deadlines to Various Dates filed by Natera, Inc. Signed by Judge Leonard P. Stark on 9/8/21. (ntl)
Sep 8, 2021 318 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Darren Fogg on September 17, 2021 (Third Amended) filed by Natera, Inc..(Fahnestock, Derek)
Sep 8, 2021 319 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [306] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-14)(Farnan, Michael)
Sep 8, 2021 319 Redacted Document (Exhibits 1-14) (30)
Docket Text: REDACTED VERSION of [306] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-14)(Farnan, Michael)
Sep 8, 2021 320 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [302] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-H)(Farnan, Brian)
Sep 8, 2021 320 Redacted Document (Exhibits A-H) (18)
Docket Text: REDACTED VERSION of [302] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-H)(Farnan, Brian)
Sep 7, 2021 314 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Christopher T. Marando as co-counsel.. (Farnan, Brian)
Sep 7, 2021 315 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Third Supplemental Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9]; (2) Natera, Inc.'s First Supplemental Responses and Objections to Defendants' Fifth Set of Interrogatories [Nos. 17, 19, 21 and 22]; (3) Natera, Inc.'s Second Supplemental Responses and Objections to ArcherDX, Inc.'s Third Set of Interrogatories [No. 10]; and (4) Natera, Inc.'s Ninth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1, 4-6] filed by Natera, Inc..(Fahnestock, Derek)
Sep 7, 2021 316 Letter (Main Document) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Letter Brief in Opposition to Natera's Motion to Amend - re [304] MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: # (1) Exhibit 1)(Farnan, Brian)
Sep 7, 2021 316 Letter (Exhibit 1) (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Letter Brief in Opposition to Natera's Motion to Amend - re [304] MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: # (1) Exhibit 1)(Farnan, Brian)
Sep 3, 2021 310 Stipulation to EXTEND Time (2)
Docket Text: Joint STIPULATION TO EXTEND TIME for Certain Discovery Deadlines to Various Dates - filed by Natera, Inc.. (Fahnestock, Derek)
Sep 3, 2021 313 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' Objections and Responses to Natera, Inc.'s Fourth Set of Interrogatories to Defendants (No. 6); (ii) Defendants' Objections and Responses to First Set of Requests for Admission (Nos. 1-20); (iii) Defendants' Supplemental Amended Initial Disclosures; and (iv) Defendants' Second Supplemental Objections and Responses to Interrogatory No. 1; Defendants' Third Supplemental Objections and Responses to Interrogatory No. 3; Defendants' Fifth Supplemental Objections and Responses to Interrogatory No. 4; Defendants' First Supplemental Objections and Responses to Interrogatory No. 6; Defendants' First Supplemental Objections and Responses to Interrogatory No. 9; Defendants' Third Supplemental Objections and Responses to Interrogatory No. 10; Defendants' First Supplemental Objections and Responses to Interrogatory No. 12; Defendants' First Supplemental Objections and Responses to Interrogatory No. 14 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Sep 2, 2021 308 Motion to Amend/Correct (Main Document) (2)
Docket Text: MOTION to Amend/Correct [133] Answer to Amended Complaint,, Counterclaim, - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification, # (2) Text of Proposed Order)(Farnan, Brian)
Sep 2, 2021 308 Motion to Amend/Correct (Rule 7.1.1 Certification) (1)
Docket Text: MOTION to Amend/Correct [133] Answer to Amended Complaint,, Counterclaim, - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification, # (2) Text of Proposed Order)(Farnan, Brian)
Sep 2, 2021 308 Motion to Amend/Correct (Text of Proposed Order) (1)
Docket Text: MOTION to Amend/Correct [133] Answer to Amended Complaint,, Counterclaim, - filed by ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification, # (2) Text of Proposed Order)(Farnan, Brian)
Aug 31, 2021 303 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Second Supplemental Objections and Responses to Interrogatory No. 5 filed by ArcherDX, Inc..(Farnan, Brian)
Aug 31, 2021 304 Motion for Leave to File (Main Document) (5)
Docket Text: MOTION for Leave to File Third Amended Consolidated Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A - Third Amended Consolidated Complaint, # (2) Exhibits 1-4 to Third Amended Consolidated Complaint, # (3) Exhibits 5-42 to Third Amended Consolidated Complaint, # (4) Exhibit B - Redline)(Fahnestock, Derek)
Aug 31, 2021 304 Motion for Leave to File (Exhibit A - Third Amended Consolidated Complaint) (30)
Docket Text: MOTION for Leave to File Third Amended Consolidated Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A - Third Amended Consolidated Complaint, # (2) Exhibits 1-4 to Third Amended Consolidated Complaint, # (3) Exhibits 5-42 to Third Amended Consolidated Complaint, # (4) Exhibit B - Redline)(Fahnestock, Derek)
Aug 31, 2021 304 Motion for Leave to File (Exhibits 1-4 to Third Amended Consolidated Complaint) (30)
Docket Text: MOTION for Leave to File Third Amended Consolidated Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A - Third Amended Consolidated Complaint, # (2) Exhibits 1-4 to Third Amended Consolidated Complaint, # (3) Exhibits 5-42 to Third Amended Consolidated Complaint, # (4) Exhibit B - Redline)(Fahnestock, Derek)
Aug 31, 2021 304 Motion for Leave to File (Exhibits 5-42 to Third Amended Consolidated Complaint) (30)
Docket Text: MOTION for Leave to File Third Amended Consolidated Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A - Third Amended Consolidated Complaint, # (2) Exhibits 1-4 to Third Amended Consolidated Complaint, # (3) Exhibits 5-42 to Third Amended Consolidated Complaint, # (4) Exhibit B - Redline)(Fahnestock, Derek)
Aug 31, 2021 304 Motion for Leave to File (Exhibit B - Redline) (30)
Docket Text: MOTION for Leave to File Third Amended Consolidated Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A - Third Amended Consolidated Complaint, # (2) Exhibits 1-4 to Third Amended Consolidated Complaint, # (3) Exhibits 5-42 to Third Amended Consolidated Complaint, # (4) Exhibit B - Redline)(Fahnestock, Derek)
Aug 31, 2021 305 Letter (Main Document) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock - re [304] MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Fahnestock, Derek)
Aug 31, 2021 305 Letter (Exhibit 1) (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock - re [304] MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Fahnestock, Derek)
Aug 31, 2021 305 Letter (Exhibit 2) (3)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock - re [304] MOTION for Leave to File Third Amended Consolidated Complaint. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Fahnestock, Derek)
Aug 30, 2021 N/A Order (0)
Docket Text: ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 291), IT IS HEREBY ORDERED that not later than September 1, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than September 3, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. After reviewing the letter submissions, the Court may schedule a teleconference. ORDERED by Judge Leonard P. Stark on 8/30/21. (ntl)
Aug 30, 2021 301 Motion for Miscellaneous Relief (Main Document) (2)
Docket Text: MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification, # (2) Text of Proposed Order)(Farnan, Brian)
Aug 30, 2021 301 Motion for Miscellaneous Relief (Rule 7.1.1 Certification) (1)
Docket Text: MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification, # (2) Text of Proposed Order)(Farnan, Brian)
Aug 30, 2021 301 Motion for Miscellaneous Relief (Text of Proposed Order) (1)
Docket Text: MOTION to Strike Portions of Natera, Inc.'s Final Infringement Contentions - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification, # (2) Text of Proposed Order)(Farnan, Brian)
Aug 24, 2021 293 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Michael Brophy on 8/23/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 24, 2021 294 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of George Gemelos on 8/24/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 24, 2021 295 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Bernhard Zimmermann on 8/25/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 24, 2021 296 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Michael Dodd on 8/25/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 24, 2021 297 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Solomon Moshkevich on 8/27/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 24, 2021 298 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Milena Banjevic on 9/1/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 24, 2021 299 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Matthew Rabinowitz on 9/2/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 23, 2021 292 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Eighth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [No. 1] filed by Natera, Inc..(Fahnestock, Derek)
Aug 18, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having considered the parties' final positions with respect to their dispute relating to Topic 14 of Natera's Rule 30(b)(6) deposition notice (D.I. 289), IT IS HEREBY ORDERED that Defendants' designated witness(es) shall prepare to testify, relating to Topic 14, on non-privileged information relating to sales, revenue, profits, costs and expenses of the accused products contained in 30 documents (including the 4 documents identified in the parties' original dispute; the remaining documents are not to all be spreadsheets) produced by Defendants. Considering (1) the different categories of accused products and distinct sales channels for each product's sales, (2) the fact that the parties have not agreed on representative customers, and (3) the number of financial documents that Defendants have produced relating to the accused products, Natera's revised proposal is more reasonable than Defendants'. As importantly, the discovery the Court is ordering is proportional to the needs of the case. Defendants have failed to persuade the Court that it will be unduly burdensome to prepare a witness or witnesses for the deposition, particularly as the Court hereby orders that Natera identify the 30 documents no later than two weeks before the Rule 30(b)(6) deposition. ORDERED by Judge Leonard P. Stark on 8/18/21. (ntl)
Aug 18, 2021 291 Letter (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
Aug 17, 2021 288 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [285] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-I)(Farnan, Brian)
Aug 17, 2021 288 Redacted Document (Exhibits A-I) (12)
Docket Text: REDACTED VERSION of [285] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits A-I)(Farnan, Brian)
Aug 17, 2021 289 Letter (4)
Docket Text: Joint Letter to The Honorable Leonard P. Stark regarding the parties' final positions relating to the discovery dispute regarding Natera's 30(b)(6) Topic 14 - re [286] Order,,,,,. (Fahnestock, Derek)
Aug 16, 2021 287 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Natera, Inc.'s Third Set of Interrogatories to Defendants (No. 5) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Aug 13, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters and related materials relating to a discovery dispute (D.I. 284, 285), IT IS HEREBY ORDERED that Natera's request to compel Defendants' Rule 30(b)(6) witness(es) to testify on Topic 14 regarding information contained in 60 documents (see D.I. 284 at 1) is DENIED WITHOUT PREJUDICE. While the Court agrees with Defendants that requiring their Rule 30(b)(6) witness(es) to testify regarding individualized sales information contained in 60 documents is too burdensome, the Court agrees with Plaintiff that limiting the scope of Rule 30(b)(6) testimony to four documents relating to six customers is too restrictive, given that Defendants' aggregate sales spreadsheet lists more than 500 customers (see D.I. 285 Ex. B) and that the parties have not agreed on representative infringing activities (see D.I. 284 at 1 n.1). The parties shall meet and confer and, no later than August 17, submit a joint letter containing their final positions on this dispute (e.g., the parties may wish to propose a different number of documents between 4 and 60). If the parties are unable to reach agreement, the Court will resolve the dispute taking account of the parties' final positions. ORDERED by Judge Leonard P. Stark on 8/13/21. (ntl)
Aug 12, 2021 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: D.I. 284 was placed under seal per request of counsel. (ntl)
Aug 4, 2021 N/A Order (0)
Docket Text: ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 255), IT IS HEREBY ORDERED that not later than August 6, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than August 10, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. After reviewing the letter submissions, the Court may schedule a teleconference. ORDERED by Judge Leonard P. Stark on 8/4/21. (ntl)
Aug 4, 2021 283 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Fourth Set of Interrogatories to Defendants (No. 6), and (2) Natera, Inc.'s First Set of Requests for Admission to Defendants (Nos. 1-20) filed by Natera, Inc..(Fahnestock, Derek)
Aug 3, 2021 280 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Jason Myers on August 11, 2021 (Amended) filed by Natera, Inc..(Fahnestock, Derek)
Aug 3, 2021 281 Notice (Other) (30)
Docket Text: NOTICE of Second Amended Subpoena to Testify at a Deposition in a Civil Action to Laboratory Corporation of America Holdings by Natera, Inc. (Fahnestock, Derek)
Aug 2, 2021 279 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Sixth Supplemental Objections and Responses to Interrogatory No. 2 and Fourth Supplemental Objections and Responses to Interrogatory No. 4 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 30, 2021 276 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Matthew Hill on 8/3/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 30, 2021 277 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Tudor Constantin on 8/4/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 30, 2021 278 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Lane Eubank on 8/6/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 27, 2021 275 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 23, 2021 267 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Objections and Responses to Defendants' Second Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Natera, Inc..(Fahnestock, Derek)
Jul 23, 2021 268 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Jill Stefanelli on July 29, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 23, 2021 269 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Sandra Close on August 5, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 23, 2021 270 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Timothy Holwick on August 17, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 23, 2021 271 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Robert D. Daber on August 19, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 23, 2021 272 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Ryan Walters on August 31, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 23, 2021 273 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Joshua Stahl on September 3, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 21, 2021 266 Notice (Other) (30)
Docket Text: NOTICE of Amended Third Party Subpoena for Deposition and Documents to Laboratory Corporation of America Holdings by Natera, Inc. (Fahnestock, Derek)
Jul 20, 2021 263 Notice (Other) (Main Document) (2)
Docket Text: NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Jul 20, 2021 263 Notice (Other) (Exhibit 1) (4)
Docket Text: NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Jul 20, 2021 263 Notice (Other) (Exhibit 2) (4)
Docket Text: NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Farnan, Michael)
Jul 20, 2021 264 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Seventh Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 3-7] filed by Natera, Inc..(Fahnestock, Derek)
Jul 20, 2021 265 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Fifth Supplemental Objections and Responses to Interrogatory No. 2 and Second Supplemental Objections and Responses to Interrogatories Nos. 10-11 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 16, 2021 260 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Eser Kirkizlar on 7/22/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 16, 2021 261 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Onur Sakarya on 7/23/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 16, 2021 262 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of John Fesko on 7/30/2021 (Amended) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jul 15, 2021 255 Letter (1)
Docket Text: Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
Jul 15, 2021 256 Notice (Other) (30)
Docket Text: NOTICE of Third Party Subpoena for Deposition and Documents to Dr. Long Phi Le by Natera, Inc. (Fahnestock, Derek)
Jul 15, 2021 257 Notice (Other) (30)
Docket Text: NOTICE of Third Party Subpoena for Deposition and Documents to Dr. John Iafrate by Natera, Inc. (Fahnestock, Derek)
Jul 15, 2021 258 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Darren Fogg on August 24, 2021 (Second Amended) filed by Natera, Inc..(Fahnestock, Derek)
Jul 15, 2021 259 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Third Set of Interrogatories to Defendants (No. 5) filed by Natera, Inc..(Fahnestock, Derek)
Jul 12, 2021 254 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Natera, Inc.'s Final Infringement Contentions filed by Natera, Inc..(Fahnestock, Derek)
Jul 9, 2021 250 Notice (Other) (12)
Docket Text: NOTICE of Subpoena to Allison Ryan by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Farnan, Michael)
Jul 9, 2021 251 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Responses and Objections to Defendants' Fifth Set of Interrogatories [Nos. 12-25] and (2) Natera, Inc.'s Responses and Objections to Defendants' First Set of Requests for Admissions [Nos. 1-25] filed by Natera, Inc..(Fahnestock, Derek)
Jul 9, 2021 252 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Darren Fogg on July 16, 2021 (Amended) filed by Natera, Inc..(Fahnestock, Derek)
Jul 9, 2021 253 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Holly Tillson on July 23, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Jul 6, 2021 248 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Second Supplemental Responses and Objections to Defendants' Fourth Set of Interrogatories [No. 11]; (2) Sixth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7]; and (3) Supplemental Identification of Accused Products filed by Natera, Inc..(Fahnestock, Derek)
Jul 6, 2021 249 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Invalidity References filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jun 29, 2021 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: Corrected document added to D.I. [245] per request of counsel. (ntl)
Jun 29, 2021 246 Transcript (24)
Docket Text: Official Transcript of Telephone Conference held before Chief Judge Leonard P. Stark on June 21, 2021. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/20/2021. Redacted Transcript Deadline set for 7/30/2021. Release of Transcript Restriction set for 9/27/2021. (bpg)
Jun 29, 2021 247 Notice to Take Deposition (5)
Docket Text: NOTICE to Take Deposition of Natera, Inc. on 8/2/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Michael)
Jun 28, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Christopher T. Marando for ArcherDX, Inc., ArcherDX, LLC and Invitae Corporation 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. (mal)
Jun 28, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [242] Joint STIPULATION to Amend Scheduling Order filed by Natera, Inc. Signed by Judge Leonard P. Stark on 6/28/21. (ntl)
Jun 28, 2021 243 Memorandum Opinion (13)
Docket Text: MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 6/28/21. (ntl)
Jun 28, 2021 244 Order (2)
Docket Text: ORDER re [243] Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 6/28/21. (ntl)
Jun 28, 2021 245 Notice of Service (11)
Docket Text: NOTICE OF SERVICE of (1) Notice of Deposition of Holly Tillson and (2) Notice of Deposition of Robert D. Daber filed by Natera, Inc..(Fahnestock, Derek) (Main Document 245 replaced on 6/29/2021) (ntl).
Jun 25, 2021 242 Stipulation (3)
Docket Text: Joint STIPULATION to Amend Scheduling Order by Natera, Inc.. (Fahnestock, Derek)
Jun 24, 2021 240 Redacted Document (Main Document) (1)
Docket Text: REDACTED VERSION of [229] Letter by Natera, Inc.. (Attachments: # (1) Exhibit 1)(Fahnestock, Derek)
Jun 24, 2021 240 Redacted Document (Exhibit 1) (1)
Docket Text: REDACTED VERSION of [229] Letter by Natera, Inc.. (Attachments: # (1) Exhibit 1)(Fahnestock, Derek)
Jun 24, 2021 241 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Responses and Objections to Natera, Inc.'s Second Set of Interrogatories to Defendants (Nos. 2-4) and Defendants' Responses and Objections to Natera Third Set of Requests for Production (Nos. 11-15) filed by ArcherDX, Inc., ArcherDX, LLC.(Farnan, Michael)
Jun 23, 2021 238 Redacted Document (23)
Docket Text: REDACTED VERSION of [226] Letter, by ArcherDX, Inc.. (Farnan, Brian)
Jun 23, 2021 239 Redacted Document (13)
Docket Text: REDACTED VERSION of [227] Letter, by ArcherDX, Inc.. (Farnan, Brian)
Jun 22, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [235] MOTION for Pro Hac Vice Appearance of Attorney Christopher T. Marando filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 6/22/21. (ntl)
Jun 22, 2021 235 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christopher T. Marando - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Jun 22, 2021 236 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [225] Letter by Natera, Inc.. (Attachments: # (1) Exhibit 1-6)(Raucci, Anthony)
Jun 22, 2021 236 Redacted Document (Exhibit 1-6) (17)
Docket Text: REDACTED VERSION of [225] Letter by Natera, Inc.. (Attachments: # (1) Exhibit 1-6)(Raucci, Anthony)
Jun 22, 2021 237 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [224] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-11)(Farnan, Michael)
Jun 22, 2021 237 Redacted Document (Exhibits 1-11) (30)
Docket Text: REDACTED VERSION of [224] Letter, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-11)(Farnan, Michael)
Jun 21, 2021 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 6/21/2021. (Court Reporter B. Gaffigan.) (ntl)
Jun 21, 2021 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: Having reviewed the materials submitted relating to various discovery disputes (see, e.g., D.I. 224, 225, 226, 228, 229), IT IS HEREBY ORDERED that: (i) Defendants' request for a schedule that coordinates discovery and consolidates trial with later-filed and non-similarly-situated Natera v. Genosity, C.A. No. 20-1352, is DENIED; (ii) the deadline for the completion of fact discovery in the instant action is EXTENDED from July 9 to September 3, 2021; and (iii) no later than July 3, 2021 the parties shall agree upon mutually-convenient dates and locations for completion of all fact depositions, including Rule 30(b)(6) depositions. As an initial matter, Defendants have not filed a motion (which could be accompanied by full briefing) as the Court required were Defendants to pursue the relief they now seek through their letter. (See D.I. 220) (denying Defendants' request for status conference and/or submission of letter briefs regarding possible coordinated or consolidated schedule, adding "Should any party wish to modify an existing schedule and/or seek coordination or consolidation, it may file a motion seeking such relief.") In any event, delaying the long-scheduled May 2022 trial to spring of 2023, as Defendants propose, would unfairly prejudice Plaintiff, who competes directly with them. Further, even Defendants acknowledge that "the Genosity matter will have unique issues." (D.I. 224 at 2) Defendants have not shown good cause for the schedule modification they seek (other than with respect to extending fact discovery to permit completion of depositions). The Court does not agree with Plaintiff that the majority of depositions must occur in June and July, particularly given counsel's other commitments. The Court encourages the parties to explore ways to allow both cases to proceed efficiently (including considering agreeing that judgment in one case will bind the parties to the second case and/or treating all discovery in the first case as part of the record in the second case) but will not grant Defendants' request to delay trial over Plaintiff's objection. IT IS FURTHER ORDERED that Plaintiff's request to compel a deposition from non-party Thomas Jefferson University Hospital is DENIED, as Plaintiff has not shown, at this point, that the need for such a deposition outweighs the burden to the Hospital in participating in it. Finally, today's teleconference is RESCHEDULED and will begin at 4:15 p.m. All remaining matters, including Archer's request for supplementation of Interrogatories 3-7, and Natera's request for supplementation of Interrogatories 2, 10, and 11 and Requests for Production 8 and 9, will be discussed at that teleconference. The parties should be prepared to address whether, in light of this Order extending fact discovery, the Court should simply impose a deadline for all requested supplementation. ORDERED by Judge Leonard P. Stark on 6/21/21. (ntl)
Jun 18, 2021 233 Notice (Other) (30)
Docket Text: NOTICE of Amended Subpoena to SeraCare Life Sciences, Inc. by Natera, Inc. (Fahnestock, Derek)
Jun 17, 2021 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the discovery teleconference scheduled for June 18 is RESCHEDULED for June 21 at 2:15 p.m. ORDERED by Judge Leonard P. Stark on 6/17/21. (ntl)
Jun 17, 2021 231 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff Natera, Inc.'s Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jun 17, 2021 232 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Todd Druley on June 24, 2021 (Amended) filed by Natera, Inc..(Fahnestock, Derek)
Jun 16, 2021 228 Letter (Main Document) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding opposition to Defendants' Discovery Dispute Letter - re [224] Letter,. (Attachments: # (1) Exhibit 1-5)(Raucci, Anthony)
Jun 16, 2021 228 Letter (Exhibit 1-5) (18)
Docket Text: Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding opposition to Defendants' Discovery Dispute Letter - re [224] Letter,. (Attachments: # (1) Exhibit 1-5)(Raucci, Anthony)
Jun 14, 2021 N/A Oral Order (0)
Docket Text: ORAL ORDER: After having been advised by Plaintiff and Defendant of their inability to resolve a discovery matter (D.I. 222), IT IS HEREBY ORDERED that a teleconference is scheduled for June 18, 2021, at 9:15 am. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than June 15, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than June 16, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Leonard P. Stark on 6/14/2021. (etg)
Jun 11, 2021 221 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Second Supplemental Objections and Responses to Interrogatory No. 3 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jun 11, 2021 222 Letter (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding requesting scheduling of a discovery teleconference. (Raucci, Anthony)
Jun 10, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters (C.A. No. 20-125 D.I. 215, 218) relating to ArcherDX's request for a status conference and/or submission of letter briefs regarding a possible coordinated or consolidated schedule between C.A. Nos. 20-125 and 20-1352, IT IS HEREBY ORDERED that ArcherDX's request is DENIED. Should any party wish to modify an existing schedule and/or seek coordination or consolidation, it may file a motion seeking such relief. ORDERED by Judge Leonard P. Stark on 6/10/21. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01352-LPS (ntl)
Jun 9, 2021 219 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' First Set of Requests for Admission (Nos. 1-25) and (ii) Defendants' Fifth Set of Interrogatories (Nos. 12-25) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jun 8, 2021 218 Letter (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Anthony D. Raucci regarding Natera's Response to ArcherDX's Request for Status Conference - re [215] Letter. (Raucci, Anthony)
Jun 7, 2021 215 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Status Conference Request. (Farnan, Brian)
Jun 7, 2021 216 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' Amended Initial Disclosures and (ii) Defendants' Third Supplemental Objections and Responses to Interrogatory No. 4 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Jun 7, 2021 217 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Darren Fogg on June 28, 2021 filed by Natera, Inc..(Raucci, Anthony)
Jun 4, 2021 214 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Todd Druley on July 1, 2021 filed by Natera, Inc..(Raucci, Anthony)
Jun 1, 2021 213 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Jason Myers on June 24, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 198 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Joshua Stahl on June 15, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 199 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Britton Russel on June 17, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 200 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Jill Stefanelli on June 19, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 201 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Ryan Walters on June 21, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 202 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Sandra Close on June 23, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 203 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Maggie Rougier-Chapman on June 25, 2021 filed by Natera, Inc..(Fahnestock, Derek)
May 28, 2021 204 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Milena Banjevic on 6/22/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 205 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Michael Brophy on 6/15/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 206 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Zachary Demko on 6/25/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 207 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of John Fesko on 6/16/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 208 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of George Gemelos on 6/14/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 209 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Solomon Moshkevich on 6/17/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 210 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Matthew Rabinowitz on 6/11/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 211 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Bernhard Zimmerman on 6/10/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 28, 2021 212 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' Responses and Objections to Natera's Second Set of Requests for Production (Nos. 3-10) and (ii) Defendants' Fourth Supplemental Objections and Responses to Interrogatory No. 2 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 25, 2021 196 Redacted Document (16)
Docket Text: REDACTED VERSION of [194] Notice to Take Deposition, by Natera, Inc.. (Raucci, Anthony)
May 25, 2021 197 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Objections and Responses to Defendants' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6), (2) Natera, Inc.'s Second Set of Interrogatories to Defendants (Nos. 2-4) and (3) Natera, Inc.'s Third Set of Requests for Production of Documents to Defendants ArcherDX and Invitae Corporation (Nos. 11-15) filed by Natera, Inc..(Fahnestock, Derek)
May 24, 2021 195 Notice (Other) (15)
Docket Text: NOTICE of Subpoena (Jason Myers) by Natera, Inc. (Fahnestock, Derek)
May 19, 2021 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: D.I. 194 placed under seal per request of counsel. (ntl)
May 14, 2021 193 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' Objections and Responses to Natera's First Set of Interrogatories to Invitae (Nos. 1-5) and (ii) Defendants' Objections and Responses to Interrogatory No. 1 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
May 10, 2021 191 Notice to Take Deposition (12)
Docket Text: NOTICE to Take Deposition of Natera, Inc. on 5/26/2021 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Michael)
May 10, 2021 192 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s First Supplemental Responses and Objections to Defendants' Fourth Set of Interrogatories [No. 11] and (2) Natera, Inc.'s Fifth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
May 7, 2021 190 Letter (2)
Docket Text: Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Interim Status Report. (Fahnestock, Derek)
May 5, 2021 189 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Responses and Objections to Natera's First Set of Requests for Production (Nos. 1-2) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Apr 30, 2021 188 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' First Amended Invalidity Contentions and (ii) Defendants' Second Supplemental Objections and Responses to Interrogatory No. 4 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Apr 29, 2021 187 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Invitae Corporation's Responses and Objections to Natera's First Set of Requests for Production (Nos. 1-146) and (ii) Defendants' Responses and Objections to Natera's Fifth Set of Requests for Production (Nos. 140-146) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Apr 28, 2021 185 Transcript (141)
Docket Text: Official Transcript of Claim Construction Hearing held on April 26, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021.(bpg)
Apr 28, 2021 186 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Second Set of Requests for Production of Documents to Defendants ArcherDX and Invitae Corporation (Nos. 3-10), and (2) Natera, Inc.'s Responses and Objections to Defendants' Third Set of Requests for Production of Documents (Nos. 43-70) filed by Natera, Inc..(Fahnestock, Derek)
Apr 26, 2021 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: Corrected documents added to D.I. [177]-[178] per request of counsel. (ntl)
Apr 26, 2021 N/A Markman Hearing (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held (by video) on 4/26/2021. (Court Reporter B. Gaffigan.) (ntl)
Apr 26, 2021 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Markman Hearing today will begin at 2:00 PM. ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl)
Apr 26, 2021 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing on April 26, 2021 is available to the public using the following dial-in for audio access: 1-703-552-8058 Passcode: 487710, then press *. Audio reproduction of the proceeding is strictly prohibited. ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl)
Apr 26, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' joint status report of April 9 (D.I. 175), IT IS HEREBY ORDERED that: (1) the parties' agreements, including agreed deadlines, are ADOPTED; and (2) the Court agrees with Archer that Natera, in response to Rog. No. 11, must provide dates of conception and reduction to practice information about the non-asserted claims, which is relevant and potentially important evidence proportionate to the needs of this case, for reasons explained by Archer (see, e.g., id. at 2-5). ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl)
Apr 21, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Concord Cheung for ArcherDX, Inc.,Concord Cheung for ArcherDX, LLC 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. (mal)
Apr 20, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [180] MOTION for Pro Hac Vice Appearance of Attorney Concord Cheung filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. Signed by Judge Leonard P. Stark on 4/20/21. (ntl)
Apr 20, 2021 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing on April 26 will be conducted by remote videoconference technology. Each side will have 90 minutes for its presentation. The parties shall provide access information, including access information for interested members of the public. IT IS FURTHER ORDERED that any demonstratives or other materials to be referenced at the hearing shall be submitted electronically to the Court and served on opposing counsel no later than 4:00 p.m. on April 23, 2021. ORDERED by Judge Leonard P. Stark on 4/20/21. (ntl)
Apr 19, 2021 180 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Concord Cheung - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Brian)
Apr 17, 2021 179 Transcript (36)
Docket Text: Official Transcript of Telephone Conference held on April 1, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/10/2021. Redacted Transcript Deadline set for 5/18/2021. Release of Transcript Restriction set for 7/16/2021. (bpg)
Apr 14, 2021 177 Joint Claim Construction Brief (30)
Docket Text: JOINT CLAIM CONSTRUCTION BRIEF filed by Natera, Inc.. (Fahnestock, Derek) (Main Document 177 replaced on 4/26/2021) (ntl).
Apr 14, 2021 178 Appendix (30)
Docket Text: Joint APPENDIX re [177] Joint Claim Construction Brief by Natera, Inc.. (Fahnestock, Derek) (Main Document 178 replaced on 4/26/2021) (ntl).
Apr 13, 2021 176 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s First Set of Interrogatories to Defendants (No. 1), and (2) Natera, Inc.'s First Set of Interrogatories to Invitae Corp. (Nos. 1-5) filed by Natera, Inc..(Fahnestock, Derek)
Apr 9, 2021 175 Status Report (8)
Docket Text: Joint STATUS REPORT Pursuant to the Court's April 1, 2021 Orders by Natera, Inc.. (Fahnestock, Derek)
Apr 7, 2021 174 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Sur-Reply Markman Brief filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Apr 6, 2021 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that each side will be allocated ninety (90) minutes for argument at the Markman Hearing scheduled for April 26, 2021. ORDERED by Judge Leonard P. Stark on 4/6/21. (ntl)
Apr 6, 2021 173 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [165] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-19)(Farnan, Michael)
Apr 6, 2021 173 Redacted Document (Exhibits 1-19) (30)
Docket Text: REDACTED VERSION of [165] Letter,, by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Exhibits 1-19)(Farnan, Michael)
Apr 5, 2021 169 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [161] Letter by Natera, Inc.. (Attachments: # (1) Exhibits 1-6)(Fahnestock, Derek)
Apr 5, 2021 169 Redacted Document (Exhibits 1-6) (30)
Docket Text: REDACTED VERSION of [161] Letter by Natera, Inc.. (Attachments: # (1) Exhibits 1-6)(Fahnestock, Derek)
Apr 5, 2021 170 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [163] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4)(Fahnestock, Derek)
Apr 5, 2021 170 Redacted Document (Exhibits 1-4) (30)
Docket Text: REDACTED VERSION of [163] Letter, by Natera, Inc.. (Attachments: # (1) Exhibits 1-4)(Fahnestock, Derek)
Apr 5, 2021 171 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s First Set of Requests for Production of Documents to Defendants ArcherDX and Invitae Corporation (Nos. 1-2) filed by Natera, Inc..(Fahnestock, Derek)
Apr 1, 2021 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 4/1/2021. (Court Reporter B. Gaffigan.) (ntl)
Apr 1, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters and related materials raising numerous discovery disputes (see, e.g., D.I. 160, 163), IT IS HEREBY ORDERED that: (1) Archer's request that Natera be ordered to complete (and not just "substantially complete") production of all documents regarding conception and reduction to practice of the patents-in-suit (RFP 2) is GRANTED in that such complete production must be completed by April 30 - in the context of this case, particularly given its multiple patents, numerous asserted claims, and up to 17 inventors, and given what Natera contends is already a fairly complete production, there is no reason to keep Archer waiting much longer for complete production; (2) Archer's request to compel a response to ROG 11, regarding conception and reduction to practice of non-asserted claims, is DENIED WITHOUT PREJUDICE as it appears the parties have not fully met and conferred, although Natera is ORDERED to advise Archer by April 6 what Natera is willing to provide Archer in response to the interrogatory and the parties shall advise the Court by joint status report no later than April 9 if there is any remaining dispute; (3) Archer's request to compel documents from a related litigation (RFP 39) is GRANTED, as there is no burden on Natera (Archer's attorneys already have possession of the documents by virtue of being counsel in the related case), the Court is persuaded the requested materials are relevant, Natera is not entitled at this stage to know which subset of the materials Archer is interested in, and Archer's attorneys are undoubtedly familiar with (and are expected of course to comply with) their obligations to third parties and under any protective order; (4) Archer's request to compel financial information regarding Natera's Signatera product (RFP 15) is DENIED as Natera represents it has already produced "documents sufficient to show the sales, revenue and profits since the product was first sold" and "[t]here is nothing for the Court to compel" (D.I. 163 at 3) and the record does not show these representations to be incorrect. The discovery teleconference later today will not address the disputes the Court has already resolved. ORDERED by Judge Leonard P. Stark on 4/1/21. (ntl)
Apr 1, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters and related materials raising numerous discovery disputes (see, e.g., D.I. 161, 165), IT IS HEREBY ORDERED that Natera's request for an order compelling responses to ROGS 1, 4, and 8 as well as RFPs 95 and 97, which appear to seek "extensive granular information relating to" a large number of Archer customers and "all communications with every [Archer] customer" (D.I. 165 at 2-3) is DENIED WITHOUT PREJUDICE to Natera making narrower requests, proportionate to the needs of the case and not unduly burdensome - the parties might consider identifying a set of representative customers for whom such discovery might be appropriate. The Court will discuss with the parties during today's teleconference the other disputes raised by Natera. ORDERED by Judge Leonard P. Stark on 4/1/21. (ntl)
Mar 31, 2021 166 Notice (Other) (3)
Docket Text: NOTICE of Change of Address of Counsel by Natera, Inc. (Fahnestock, Derek)
Mar 30, 2021 164 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Fifth Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 140-146), and (2) Natera, Inc.'s First Set of Requests for Production of Documents to Invitae Corp. (Nos. 1-146) filed by Natera, Inc..(Fahnestock, Derek)
Mar 29, 2021 162 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Third Set of Requests for Production (Nos. 43-70) filed by ArcherDX, LLC.(Farnan, Brian)
Mar 26, 2021 160 Letter (Main Document) (4)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit A) (30)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit B) (11)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit C) (11)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit D) (6)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit E) (11)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit F) (3)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit G) (8)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit H) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit I) (8)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit J) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit K) (30)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 26, 2021 160 Letter (Exhibit L) (30)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian)
Mar 24, 2021 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 137), IT IS HEREBY ORDERED that a teleconference is scheduled for April 1, 2021 at 2:30 p.m. Counsel shall initiate the teleconference and shall provide Chambers with the call-in information. IT IS FURTHER ORDERED that not later than March 26, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than March 30, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 3/24/2021. (ntl)
Mar 24, 2021 159 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Reply Markman Brief, (2) Supplemental Expert Declaration of John Quackenbush, Ph.D. in Support of Natera Inc.'s Reply Markman Brief, and (3) Declaration of William G. Gaede, III, in Support of Natera, Inc.'s Reply Markman Brief filed by Natera, Inc..(Fahnestock, Derek)
Mar 19, 2021 157 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Responses & Objections to ArcherDX, Inc.'s Third Set of Interrogatories [No. 10] filed by Natera, Inc..(Fahnestock, Derek)
Mar 12, 2021 155 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Dr. John Quackenbush on 3/17/2021 filed by ArcherDX, Inc..(Farnan, Brian)
Mar 12, 2021 156 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Responses and Objections to Defendants' Fourth Set of Interrogatories [No. 11] filed by Natera, Inc..(Fahnestock, Derek)
Mar 11, 2021 154 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Dr. Jesse Boehm on March 16, 2021 filed by Natera, Inc..(Fahnestock, Derek)
Mar 9, 2021 153 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Corrected Second Supplemental Objections and Responses to Interrogatory No. 13 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Mar 8, 2021 152 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Second Supplemental Objections and Responses to Interrogatory No. 13 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Feb 24, 2021 148 Statement (7)
Docket Text: STATEMENT Defendants' Comments on Natera's Technology Tutorial by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Farnan, Michael)
Feb 24, 2021 149 Objections (8)
Docket Text: OBJECTIONS by Natera, Inc. [Plaintiff Natera, Inc.'s Comments and Objections to Defendants' Technology Tutorial]. (Fahnestock, Derek)
Feb 24, 2021 150 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Claim Construction Hearing. (Fahnestock, Derek)
Feb 24, 2021 151 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' Response to Natera, Inc.'s Opening Markman Brief; (ii) Declaration of Derek C. Walter in Support of Defendants' Response to Natera, Inc.'s Opening Markman Brief; and (iii) Expert Declaration of Dr. Jesse Boehm in Support of Defendants' Response to Natera, Inc.'s Opening Claim Construction Brief filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Feb 22, 2021 147 Answer to Counterclaim (30)
Docket Text: ANSWER to [133] Answer to Amended Complaint,, Counterclaim, by Natera, Inc..(Fahnestock, Derek)
Feb 19, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters concerning ArcherDX's Motion for Expedited Relief (D.I. 138, 139, 142, 144), IT IS HEREBY ORDERED that ArcherDX's Motion is GRANTED IN PART. The parties must produce for deposition any expert witness(es) who filed or will file a declaration supporting a claim construction brief. Such depositions shall be completed no later than March 17, 2021. However, any such deposition may not occur until after the filing of ArcherDX's answering brief, and no expert will be subject to more than one deposition in connection with claim construction (and such deposition may not exceed more than five hours). IT IS FURTHER ORDERED that Natera's Reply Brief shall be due on March 24, 2021; ArcherDX's Sur-Reply Brief shall be due on April 7, 2021; and the Joint Markman Brief shall be due on April 14, 2021. The Court's ruling is based on its determination of what is fair and reasonable to both sides and also what is most likely to put the parties in the best position to be most helpful to the Court in resolving the claim construction disputes. ORDERED by Judge Leonard P. Stark on 2/19/21. (ntl)
Feb 19, 2021 146 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9] filed by Natera, Inc..(Fahnestock, Derek)
Feb 18, 2021 144 Letter (3)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Reply Letter Brief in Support of Motion - re [138] MOTION for Expedited Relief regarding Claim Construction Deposition . (Farnan, Brian)
Feb 17, 2021 142 Letter (Main Document) (4)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Opposition to Defendants' Motion for Expedited Relief regarding Claim Construction Deposition and February 16, 2021 Letter - re [139] Letter, [138] MOTION for Expedited Relief regarding Claim Construction Deposition . (Attachments: # (1) Exhibits A-C)(Fahnestock, Derek)
Feb 17, 2021 142 Letter (Exhibits A-C) (30)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Opposition to Defendants' Motion for Expedited Relief regarding Claim Construction Deposition and February 16, 2021 Letter - re [139] Letter, [138] MOTION for Expedited Relief regarding Claim Construction Deposition . (Attachments: # (1) Exhibits A-C)(Fahnestock, Derek)
Feb 17, 2021 143 Notice (Other) (Main Document) (2)
Docket Text: NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # (1) Exhibits 1-12)(Farnan, Brian)
Feb 17, 2021 143 Notice (Other) (Exhibits 1-12) (30)
Docket Text: NOTICE of Subpoenas by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation (Attachments: # (1) Exhibits 1-12)(Farnan, Brian)
Feb 16, 2021 138 Motion for Miscellaneous Relief (Main Document) (2)
Docket Text: MOTION for Expedited Relief regarding Claim Construction Deposition - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification)(Farnan, Brian)
Feb 16, 2021 138 Motion for Miscellaneous Relief (Rule 7.1.1 Certification) (1)
Docket Text: MOTION for Expedited Relief regarding Claim Construction Deposition - filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation. (Attachments: # (1) Rule 7.1.1 Certification)(Farnan, Brian)
Feb 16, 2021 139 Letter (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Opening Letter Brief in Support of Motion - re [138] MOTION for Expedited Relief regarding Claim Construction Deposition . (Farnan, Brian)
Feb 16, 2021 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed Defendants' Motion for Expedited Relief (D.I. 138) and letter in support (D.I. 139), IT IS HEREBY ORDERED that Plaintiff shall respond, by letter brief not to exceed three pages, by tomorrow at 5pm. Defendants may submit a reply letter, not to exceed two pages, by February 18, 2021 at noon. ORDERED by Judge Leonard P. Stark on 2/16/21. (ntl)
Feb 16, 2021 141 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) Defendants' Responses and Objections to Natera's Fourth Set of Requests for Production (Nos. 136-139) and (ii) Defendants' Objections and Responses to Interrogatory 2 filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Feb 10, 2021 136 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Fourth Set of Interrogatories (No. 11) filed by ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation.(Farnan, Brian)
Feb 10, 2021 137 Letter (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
Feb 9, 2021 134 Answer to Counterclaim (30)
Docket Text: ANSWER to [128] Answer to Amended Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek)
Feb 9, 2021 135 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Fourth Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
Feb 5, 2021 133 Answer to Amended Complaint (Main Document) (30)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 1) (3)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 2) (27)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 3) (17)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 4) (30)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 5) (25)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 6) (17)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 7) (4)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 5, 2021 133 Answer to Amended Complaint (Exhibit 8) (29)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Invitae Corporation, ArcherDX, LLC. (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)
Feb 4, 2021 132 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9] filed by Natera, Inc..(Fahnestock, Derek)
Feb 3, 2021 129 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Plaintiff Natera, Inc.'s Technology Tutorial. (Fahnestock, Derek)
Feb 3, 2021 130 Notice of Filing Multi Media Materials (1)
Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: two discs containing AcherDx'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 ArcherDX, Inc. (Farnan, Brian)
Feb 3, 2021 131 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Opening Markman Brief and (2) Expert Declaration of John Quackenbush, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
Jan 26, 2021 128 Answer to Amended Complaint (30)
Docket Text: ANSWER to Amended Complaint, re: [116] Amended Complaint with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc..(Farnan, Michael)
Jan 20, 2021 127 Claim Construction Chart (Main Document) (19)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits B-F) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits G-O) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits P-Z) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits AA-KK) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits LL-MM) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibit NN) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibit OO) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits PP-QQ) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits RR-ZZ) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits AAA-HHH) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 20, 2021 127 Claim Construction Chart (Exhibits III-MMM) (30)
Docket Text: CLAIM Construction Chart by Natera, Inc.. (Attachments: # (1) Exhibits B-F, # (2) Exhibits G-O, # (3) Exhibits P-Z, # (4) Exhibits AA-KK, # (5) Exhibits LL-MM, # (6) Exhibit NN, # (7) Exhibit OO, # (8) Exhibits PP-QQ, # (9) Exhibits RR-ZZ, # (10) Exhibits AAA-HHH, # (11) Exhibits III-MMM)(Fahnestock, Derek)
Jan 19, 2021 125 SO ORDERED (5)
Docket Text: SO ORDERED, re [123] Joint Submission Regarding Discovery Schedule Pursuant to the Court's January 12, 2021 Oral Order. Signed by Judge Leonard P. Stark on 1/19/21. (ntl)
Jan 19, 2021 126 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) ArcherDX, Inc.'s Objections and Responses to Natera's Second Set of Interrogatories (No. 14) and (ii) ArcherDX, Inc.'s Responses and Objections to Natera's Third Set of Requests for Production (Nos. 121135) filed by ArcherDX, Inc..(Farnan, Brian)
Jan 15, 2021 119 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Natera, Inc.. ArcherDX, LLC served on 1/15/2021, answer due 2/5/2021. (Fahnestock, Derek)
Jan 15, 2021 120 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Natera, Inc.. Invitae Corporation served on 1/15/2021, answer due 2/5/2021. (Fahnestock, Derek)
Jan 15, 2021 121 Redacted Document (Main Document) (5)
Docket Text: REDACTED VERSION of [111] Letter,,, by ArcherDX, Inc.. (Attachments: # (1) Exhibits 1-41)(Farnan, Brian)
Jan 15, 2021 121 Redacted Document (Exhibits 1-41) (30)
Docket Text: REDACTED VERSION of [111] Letter,,, by ArcherDX, Inc.. (Attachments: # (1) Exhibits 1-41)(Farnan, Brian)
Jan 15, 2021 122 Redacted Document (3)
Docket Text: REDACTED VERSION of [112] Declaration by ArcherDX, Inc.. (Farnan, Brian)
Jan 15, 2021 123 Status Report (5)
Docket Text: Joint STATUS REPORT [Joint Submission Regarding Discovery Schedule Pursuant to the Court's January 12, 2021 Oral Order] by Natera, Inc.. (Fahnestock, Derek)
Jan 15, 2021 124 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Fourth Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 136-139) and (2) Natera, Inc.'s First Set of Interrogatories to ArcherDX, Inc. (No. 2) filed by Natera, Inc..(Fahnestock, Derek)
Jan 14, 2021 118 Redacted Document (Main Document) (4)
Docket Text: REDACTED VERSION of [109] Letter by Natera, Inc.. (Attachments: # (1) Exhibits 1-7)(Fahnestock, Derek)
Jan 14, 2021 118 Redacted Document (Exhibits 1-7) (30)
Docket Text: REDACTED VERSION of [109] Letter by Natera, Inc.. (Attachments: # (1) Exhibits 1-7)(Fahnestock, Derek)
Jan 12, 2021 116 Complaint* (1)
Jan 12, 2021 N/A Order Cancelling Deadline (0)
Docket Text: ORAL ORDER: Having reviewed the parties' filings relating to discovery disputes (see, e.g., D.I. 107, 109, 111, 114), IT IS HEREBY ORDERED that: (i) Archer's request for an order compelling Natera to respond to interrogatory No. 1 (regarding conception and reduction to practice of the patents-in-suit and names of inventors on a claim-by-claim basis) is GRANTED to the following extent: the Court finds that given the totality of circumstances - including the many patents, many claims, many inventors, lack of clarity as to what Natera believes are the dates of conception and reduction to practice or even who Natera believes are its inventors, all of which Natera must have had a good faith understanding of prior to suit, and all of which will need evolving clarity soon to permit this case to proceed efficiently - the parties need to figure out a schedule and procedure for Natera to disclose information (which the Court finds to be relevant and proportional to the needs of this case) while retaining on Archer the burden of proof and production with respect to invalidity. (See, e.g., D.I. 107 at 2-3) (citing cases); (ii) Archer's request to compel responses to interrogatory Nos. 3 (secondary considerations of non-obviousness), 4-5 (regarding damages), and 7 (bases for case being exceptional) is DENIED, as all of these seek discovery that is premature at this time, given Natera's commitment to continue supplementing and (eventually) disclose positions through expert reports; (iii) Natera's request for an order compelling a response to interrogatory No. 2 (relating to "every instance" of the use of accused products by Archer) is DENIED WITHOUT PREJUDICE to renew if Natera serves a narrower interrogatory and Archer continues to refuse to substantively and meaningfully respond; and (iv) Natera's request to compel production of certain core technical documents and documents responsive to certain requests for production is DENIED except to the extent that Archer shall produce such documents as soon as reasonable and feasible, on a rolling basis, without unnecessarily waiting for the deadline for substantial completion of production. The Court has also reviewed the submissions regarding Natera's motion to substitute and file an amended complaint. (See D.I. 79, 85, 94, 104) The motion (D.I. 78) is GRANTED to the extent it is not opposed (i.e., ArcherDX, LLC is substituted for ArcherDX, Inc., and Natera may file an amended complaint adding Invitae Corporation as an additional party). ArcherDX, Inc. shall remain a defendant. The Court will DENY the portion of the motion substituting Invitae Corp. for ArcherDX, Inc. Substitution under F.R.C.P. 25 is discretionary. Natera has failed to show that corporate formalities are not observed between parent corporation Invitae Corp. and subsidiary ArcherDX, LLC such that a transfer of interest from ArcherDX, Inc. to ArcherDX, LLC simultaneously constitutes a transfer of interest to Invitae Corp. In light of that finding, it is appropriate to preserve Invitae Corp.'s right to move to dismiss and assert defenses after Natera files its amended complaint (which Natera shall do in a timely manner). IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow, January 13, is CANCELLED and the parties shall meet and confer and, no later than January 15, submit a proposal for how they will comply with this Order. ORDERED by Judge Leonard P. Stark on 1/12/21. (ntl)
Jan 12, 2021 116 Amended Complaint (Main Document) (30)
Docket Text: Second AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibits 5-42)(Fahnestock, Derek)
Jan 12, 2021 116 Amended Complaint (Exhibits 1-4) (30)
Docket Text: Second AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibits 5-42)(Fahnestock, Derek)
Jan 12, 2021 116 Amended Complaint (Exhibits 5-42) (30)
Docket Text: Second AMENDED COMPLAINT against ArcherDX, Inc., ArcherDX, LLC, Invitae Corporation- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-4, # (2) Exhibits 5-42)(Fahnestock, Derek)
Jan 12, 2021 117 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Third Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
Jan 8, 2021 113 Notice of Filing Multi Media Materials (1)
Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibits 1-9 and 27 to Defendant's Response to Plaintiff's January 6, 2021 Letter. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of ArcherDX, Inc. (Farnan, Michael)
Jan 7, 2021 110 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s Second Set of Request for Production of Documents (Nos. 39-42) and (2) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s Third Set of Interrogatories [No. 10] filed by Natera, Inc..(Fahnestock, Derek)
Jan 6, 2021 106 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
Jan 6, 2021 107 Letter (Main Document) (4)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Farnan, Brian)
Jan 6, 2021 107 Letter (Exhibit A) (10)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Farnan, Brian)
Jan 6, 2021 107 Letter (Exhibit B) (25)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Farnan, Brian)
Jan 6, 2021 107 Letter (Exhibit C) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Discovery Dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Farnan, Brian)
Jan 6, 2021 108 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant ArcherDX, Inc.'s Initial List of Claim Terms and Proposed Constructions filed by ArcherDX, Inc..(Farnan, Brian)
Dec 30, 2020 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for January 13, 2021 at 2:30 p.m. The Court will also hear argument on the motion to substitute parties (D.I. 78). The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than January 6, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than January 8, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 12/30/2020. (ntl)
Dec 29, 2020 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that [100] MOTION for Leave to File Sur-Reply filed by ArcherDX, Inc. is GRANTED as unopposed. ORDERED by Judge Leonard P. Stark on 12/29/20. (ntl)
Dec 29, 2020 104 Letter (3)
Docket Text: Letter to The Honorable Leonard P. Stark from Michael J. Farnan regarding Sur-Reply in Opposition to Natera's Motion to Substitute Parties and Motion to for Leave to Amend its Complaint. (Farnan, Michael)
Dec 28, 2020 101 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Initial Invalidity Contentions filed by ArcherDX, Inc..(Farnan, Brian)
Dec 28, 2020 102 Notice (Other) (3)
Docket Text: NOTICE of Withdrawal of Opposition by Natera, Inc. re [100] MOTION for Leave to File Sur-Reply (Fahnestock, Derek)
Dec 23, 2020 100 Motion for Leave to File (Main Document) (2)
Docket Text: MOTION for Leave to File Sur-Reply - filed by ArcherDX, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) 7.1.1)(Farnan, Brian)
Dec 23, 2020 100 Motion for Leave to File (Exhibit A) (4)
Docket Text: MOTION for Leave to File Sur-Reply - filed by ArcherDX, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) 7.1.1)(Farnan, Brian)
Dec 23, 2020 100 Motion for Leave to File (Exhibit B) (6)
Docket Text: MOTION for Leave to File Sur-Reply - filed by ArcherDX, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) 7.1.1)(Farnan, Brian)
Dec 23, 2020 100 Motion for Leave to File (7.1.1) (1)
Docket Text: MOTION for Leave to File Sur-Reply - filed by ArcherDX, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) 7.1.1)(Farnan, Brian)
Dec 18, 2020 97 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s Second Set of Interrogatories [Nos. 8-9] filed by Natera, Inc..(Fahnestock, Derek)
Dec 18, 2020 98 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s First Supplemental Objections and Responses to Interrogatories 1, 3-6, 8, and 13, and Third Supplemental Objections and Response to Interrogatory 2 filed by ArcherDX, Inc..(Farnan, Brian)
Dec 18, 2020 99 Letter (2)
Docket Text: Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
Dec 17, 2020 94 Letter (3)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Reply in Support of Letter Brief in Support of Natera, Inc.'s Motion to Substitute Parties and for Leave to Amend Its Complaint - re [79] Letter,. (Fahnestock, Derek)
Dec 17, 2020 95 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Teleconference - re [78] MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Fahnestock, Derek)
Dec 17, 2020 96 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Second Set of Interrogatories to ArcherDX, Inc. (No. 14) and (2) Natera, Inc.'s Third Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 121-135) filed by Natera, Inc..(Fahnestock, Derek)
Dec 16, 2020 90 Notice (Other) (30)
Docket Text: NOTICE of Third Party Subpoena for Deposition and Documents to AstraZeneca Pharmaceuticals LP by Natera, Inc. (Fahnestock, Derek)
Dec 16, 2020 91 Notice (Other) (30)
Docket Text: NOTICE of Third Party Subpoena for Deposition and Documents to SeraCare Life Sciences, Inc. by Natera, Inc. (Fahnestock, Derek)
Dec 16, 2020 92 Notice (Other) (30)
Docket Text: NOTICE of Third Party Subpoena for Deposition and Documents to Thomas Jefferson University Hospitals, Inc. by Natera, Inc. (Fahnestock, Derek)
Dec 16, 2020 93 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Responses and Objections to Natera's Second Set of Requests for Production (Nos. 69-120) filed by ArcherDX, Inc..(Farnan, Brian)
Dec 14, 2020 85 Letter (2)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Letter Brief in Response to Natera's Motion to Amend pursuant to Rule 15 and Motion to Substitute pursuant to Rule 25 - re [78] MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Farnan, Brian)
Dec 14, 2020 86 Notice (Other) (30)
Docket Text: NOTICE of Third-Party Subpoena for Deposition and Documents to Genosity Inc. by Natera, Inc. (Fahnestock, Derek)
Dec 14, 2020 87 Notice (Other) (30)
Docket Text: NOTICE of Third-Party Subpoena for Deposition and Documents to H3 Biomedicine, Inc. by Natera, Inc. (Fahnestock, Derek)
Dec 14, 2020 88 Notice (Other) (30)
Docket Text: NOTICE of Third-Party Subpoena for Deposition and Documents to Laboratory Corporation of America Holdings by Natera, Inc. (Fahnestock, Derek)
Dec 14, 2020 89 Notice (Other) (30)
Docket Text: NOTICE of Third-Party Subpoena for Deposition and Documents to The Assay Depot Inc. by Natera, Inc. (Fahnestock, Derek)
Dec 8, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [82] STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant to respond to Natera, Inc.'s Motion to Substitute Parties and for Leave to File its Second Amended (Consolidated) Complaint and (ii) Plaintiff to file its Reply to (i) 12/14/20 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 12/8/20. (ntl)
Dec 8, 2020 84 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) ArcherDX, Inc.'s Third Set of Interrogatories (No. 10) and (ii) ArcherDX, Inc.'s Second Set of Requests for Production (Nos. 39-42) filed by ArcherDX, Inc..(Farnan, Brian)
Dec 7, 2020 82 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant to respond to Natera, Inc.'s Motion to Substitute Parties and for Leave to File its Second Amended (Consolidated) Complaint and (ii) Plaintiff to file its Reply to (i) 12/14/2020 and (ii) 12/18/2020 - filed by ArcherDX, Inc.. (Farnan, Brian)
Dec 7, 2020 83 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
Dec 2, 2020 81 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
Dec 1, 2020 78 Motion to Substitute Party (Main Document) (5)
Docket Text: MOTION to Substitute Party:, MOTION for Leave to File Second Amended (Consolidated) Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A (Second Amended (Consolidated) Complaint and Exhibits 1-10), # (2) Exhibit A (Exhibits 11-42 to Second Amended (Consolidated) Complaint), # (3) Exhibit B (Redline))(Fahnestock, Derek)
Dec 1, 2020 78 Motion to Substitute Party (Exhibit A (Second Amended (Consolidated) Complaint and Exhibits 1-10)) (30)
Docket Text: MOTION to Substitute Party:, MOTION for Leave to File Second Amended (Consolidated) Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A (Second Amended (Consolidated) Complaint and Exhibits 1-10), # (2) Exhibit A (Exhibits 11-42 to Second Amended (Consolidated) Complaint), # (3) Exhibit B (Redline))(Fahnestock, Derek)
Dec 1, 2020 78 Motion to Substitute Party (Exhibit A (Exhibits 11-42 to Second Amended (Consolidated) Complaint)) (30)
Docket Text: MOTION to Substitute Party:, MOTION for Leave to File Second Amended (Consolidated) Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A (Second Amended (Consolidated) Complaint and Exhibits 1-10), # (2) Exhibit A (Exhibits 11-42 to Second Amended (Consolidated) Complaint), # (3) Exhibit B (Redline))(Fahnestock, Derek)
Dec 1, 2020 78 Motion to Substitute Party (Exhibit B (Redline)) (30)
Docket Text: MOTION to Substitute Party:, MOTION for Leave to File Second Amended (Consolidated) Complaint - filed by Natera, Inc.. (Attachments: # (1) Exhibit A (Second Amended (Consolidated) Complaint and Exhibits 1-10), # (2) Exhibit A (Exhibits 11-42 to Second Amended (Consolidated) Complaint), # (3) Exhibit B (Redline))(Fahnestock, Derek)
Dec 1, 2020 79 Letter (Main Document) (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Motion to Substitute Parties and for Leave to Amend its Complaint - re [78] MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Attachments: # (1) Exhibits A-C)(Fahnestock, Derek)
Dec 1, 2020 79 Letter (Exhibits A-C) (19)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Natera, Inc.'s Motion to Substitute Parties and for Leave to Amend its Complaint - re [78] MOTION to Substitute Party: MOTION for Leave to File Second Amended (Consolidated) Complaint. (Attachments: # (1) Exhibits A-C)(Fahnestock, Derek)
Dec 1, 2020 80 Letter (1)
Docket Text: Joint Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
Nov 25, 2020 76 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Second Supplemental Objections and Responses to Interrogatory 2 filed by ArcherDX, Inc..(Farnan, Brian)
Nov 25, 2020 77 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s First Set of Requests for Production of Documents (Nos. 1-38), and (2) Natera, Inc.'s Responses and Objections to ArcherDX, Inc.'s First Set of Interrogatories [Nos. 1-7] filed by Natera, Inc..(Fahnestock, Derek)
Nov 20, 2020 75 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s First Supplemental Objections and Responses to Interrogatory No. 2 filed by ArcherDX, Inc..(Farnan, Brian)
Nov 18, 2020 74 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Second Set of Interrogatories (Nos. 8-9) filed by ArcherDX, Inc..(Farnan, Brian)
Nov 16, 2020 73 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Second Set of Requests for Production of Documents to ArcherDX, Inc. (Nos. 69-120) filed by Natera, Inc..(Fahnestock, Derek)
Nov 13, 2020 72 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Natera, Inc.'s Initial Claim Charts Relating Each Known Accused Product to the Asserted Claims Each Such Product Infringes filed by Natera, Inc..(Fahnestock, Derek)
Oct 27, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [69] Stipulated Protective Order. Signed by Judge Leonard P. Stark on 10/26/20. (ntl)
Oct 26, 2020 71 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (i) ArcherDX, Inc.'s First Set of Interrogatories (Nos. 1-7) and (ii) ArcherDX, Inc.'s First Set of Requests for Production (Nos. 1-38) filed by ArcherDX, Inc..(Farnan, Brian)
Oct 23, 2020 69 Proposed Order (30)
Docket Text: Joint PROPOSED ORDER Stipulated Protective Order by Natera, Inc.. (Fahnestock, Derek)
Oct 23, 2020 70 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.'s Initial Disclosures filed by ArcherDX, Inc..(Farnan, Brian)
Oct 19, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [68] STIPULATION TO EXTEND TIME to EXTEND the deadlines: (i) for Defendant to serve its initial disclosures and (ii) for the parties to file a proposed Protective Order to 10/23/2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 10/19/20. (ntl)
Oct 16, 2020 68 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to EXTEND the deadlines: (i) for Defendant to serve its initial disclosures and (ii) for the parties to file a proposed Protective Order to 10/23/2020 - filed by ArcherDX, Inc.. (Farnan, Brian)
Oct 14, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [66] MOTION for Pro Hac Vice Appearance of Attorney Kaitlin Paulson filed by ArcherDX, Inc.. Signed by Judge Leonard P. Stark on 10/14/20. (ntl)
Oct 14, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Kaitlin Paulson for ArcherDX, 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. (kmd)
Oct 14, 2020 67 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff's Natera, Inc.'s Initial Disclosures filed by Natera, Inc..(Fahnestock, Derek)
Oct 13, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [64] MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 10/13/20. (ntl)
Oct 13, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorneys Edward R. Reines and Derek C. Walter for ArcherDX, 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. (kmd)
Oct 13, 2020 63 Memorandum and Order (18)
Docket Text: MEMORANDUM ORDER re [23] MOTION for Judgment on the Pleadings filed by ArcherDX, Inc. is DENIED. Signed by Judge Leonard P. Stark on 10/13/20. (ntl)
Oct 13, 2020 64 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter - filed by ArcherDX, Inc.. (Farnan, Brian)
Oct 13, 2020 65 Notice Requesting Removal of Co-Counsel (1)
Docket Text: NOTICE requesting Clerk to remove Keyna Chow, Charlotte C. Jacobsen, Filko Prugo, Matthew J. Rizzolo, and Jon T. Tanaka of Ropes & Gray LLP as co-counsel.. (Farnan, Brian)
Oct 13, 2020 66 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Kaitlin Paulson - filed by ArcherDX, Inc.. (Farnan, Brian)
Oct 9, 2020 N/A Case Referred to Mediation (0)
Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge 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 https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)
Oct 9, 2020 60 Scheduling Order (15)
Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 7/9/2021. Status Report due by 5/7/2021. Dispositive Motions due by 1/17/2022. An Oral Argument is set for 3/22/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Joint Claim Construction Brief due by 3/31/2021. A Markman Hearing is set for 4/26/2021 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 4/29/2022. A Final Pretrial Conference is set for 5/6/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 5-day Jury Trial is set for 5/16/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 10/7/20. (ntl)
Oct 9, 2020 N/A Oral Order (0)
Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before 10/30/20 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like, they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 10/9/20. (cak)
Oct 9, 2020 62 Notice of Substitution of Counsel (1)
Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re ArcherDX, Inc.: Entry of appearance of attorney Brian E. Farnan. Attorney McCarter & English LLP terminated. (Farnan, Brian)
Oct 5, 2020 59 Transcript (38)
Docket Text: Official Transcript of Judge's Opinion of 9/30/20 En Banc Section 101 Hearing held on October 2, 2020 before Chief Judge Leonard P. Stark and Magistrate Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered and purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/26/2020. Redacted Transcript Deadline set for 11/5/2020. Release of Transcript Restriction set for 1/4/2021. (bpg)
Oct 2, 2020 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Jennifer L. Hall - Telephone Conference held on 10/2/2020. (Court Reporter B. Gaffigan.) (ntl)
Oct 2, 2020 58 Proposed Order (Main Document) (17)
Docket Text: PROPOSED ORDER [Proposed] Scheduling Order by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
Oct 2, 2020 58 Proposed Order (Letter to The Honorable Leonard P. Stark) (1)
Docket Text: PROPOSED ORDER [Proposed] Scheduling Order by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
Oct 1, 2020 57 Transcript (116)
Docket Text: Official Transcript of En Banc Telephonic Section 101 Hearing held on September 30, 2020 before Chief Judge Leonard P. Stark and Magistrate Judge Jennifer L. Hall. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/22/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/30/2020. (bpg)
Sep 30, 2020 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Jennifer L. Hall - Argument by Telephone Conference held on 9/30/2020. (Court Reporter B. Gaffigan.) (ntl)
Sep 30, 2020 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: Having heard argument on the "101 Day" motions today in the VMware case (C.A. No. 20-272), the Natera case (C.A. No. 20-125), and the Ameranth case (C.A. No. 20-518), IT IS HEREBY ORDERED that a further teleconference is scheduled for Friday, October 2, 2020, at 4:00 p.m. The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/30/20. (ntl)
Sep 28, 2020 55 Transcript (15)
Docket Text: Official Transcript of Telephone Conference held on September 25, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020.
Sep 25, 2020 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 9/25/2020. (Court Reporter B. Gaffigan.) Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
Sep 25, 2020 52 SO ORDERED (3)
Docket Text: SO ORDERED, re (15 in 1:20-cv-01047-LPS, 46 in 1:20-cv-00125-LPS) STIPULATION and Order Regarding Case Consolidation. Signed by Judge Leonard P. Stark on 9/25/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
Sep 25, 2020 N/A Remark (0)
Docket Text: REMARK: ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 20-125-LPS ONLY. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
Sep 25, 2020 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that at the September 30, 2020 "101 Day" motions hearing teleconference beginning at 9:30 a.m., the VMware case (C.A. No. 20-272) will be argued first and each side will have 20 minutes for its argument; the Natera case (C.A. No. 20-125) will be argued second and each side will have 30 minutes for its argument (the parties should be prepared to argue all issues raised in the 12(c) motion); and the Ameranth case (C.A. No. 20-518) will be argued third and each side will have 20 minutes for argument. Having reviewed the briefing and the record as well as the parties' time requests, the Court finds that these time allocations are reasonable and more than sufficient to allow each party to be fully and fairly heard and will enable the Court to have its questions answered. Counsel are reminded that each party must be represented throughout the entirety of the hearing (9:30 am to 5:00 pm) as additional questions may be asked of any party at times other than during its initially scheduled time. IT IS FURTHER ORDERED that any demonstratives or other materials a party wishes to refer to at the hearing must be submitted to the Court no later than 1:00 pm on Tuesday, September 29, 2020. The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/25/20. (ntl)
Sep 24, 2020 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Telephone Conference on September 25 will begin at 1:00 PM. ORDERED by Judge Leonard P. Stark on 9/24/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
Sep 17, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Jodi Benassi for Natera, 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 case:20-cv1047 (myr)
Sep 16, 2020 49 Letter (4)
Docket Text: Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Letter Brief - re [44] Order Setting Teleconference,. (Silver, Daniel)
Sep 16, 2020 50 Letter (5)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Response to the Court's Section 101 Motions Pre-Hearing Checklist - re [44] Order Setting Teleconference,. (Fahnestock, Derek)
Sep 11, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Mandy H. Kim for Natera, 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. (kmd)
Sep 11, 2020 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that a Rule 16 scheduling teleconference has been scheduled for September 25, 2020 at 11:00 a.m. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 9/11/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
Sep 11, 2020 48 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of ArcherDX, Inc.s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by ArcherDX, Inc..(Silver, Daniel)
Sep 10, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (45 in 1:20-cv-00125-LPS, 14 in 1:20-cv-01047-LPS) MOTION for Pro Hac Vice Appearance of Attorney Mandy H. Kim and Jodi Benassi filed by Natera, Inc. Signed by Judge Leonard P. Stark on 9/10/20. Associated Cases: 1:20-cv-00125-LPS, 1:20-cv-01047-LPS (ntl)
Sep 10, 2020 46 Stipulation (Main Document) (3)
Docket Text: Proposed STIPULATION and Order Regarding Case Consolidation by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
Sep 10, 2020 46 Stipulation (Letter to The Honorable Leonard P. Stark) (2)
Docket Text: Proposed STIPULATION and Order Regarding Case Consolidation by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
Sep 9, 2020 45 Motion for Leave to Appear Pro Hac Vice (6)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mandy H. Kim and Jodi Benassi - filed by Natera, Inc.. (Fahnestock, Derek)
Sep 2, 2020 44 Order Setting Teleconference (4)
Docket Text: ORDER: IT IS HEREBY ORDERED that argument on Sec. 101 motions will be heard at a combined hearing (remotely via teleconference) on September 30, 2020 at 9:30 AM before Judge Leonard P. Stark and Judge Jennifer L. Hall. Signed by Judge Leonard P. Stark on 9/2/20. (ntl)
Sep 1, 2020 43 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) ArcherDX, Inc.s Objections and Responses to Natera, Inc.s First Set of Requests for Production of Documents (Nos. 1-68) and (2) ArcherDX, Inc.s Objections and Responses to Natera, Inc.s First Set of Interrogatories (Nos. 1-13) filed by ArcherDX, Inc..(Joyce, Alexandra)
Aug 26, 2020 42 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Natera, Inc.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Natera, Inc..(Fahnestock, Derek)
Aug 11, 2020 41 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff's Natera, Inc.'s Disclosures of Accused Products, Damages Model, Asserted Patents and File Histories filed by Natera, Inc..(Fahnestock, Derek)
Aug 6, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Charlotte C. Jacobsen for ArcherDX, 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)
Aug 5, 2020 39 Request for Oral Argument (2)
Docket Text: REQUEST for Oral Argument by ArcherDX, Inc. re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim. (Silver, Daniel)
Aug 5, 2020 40 Notice (Other) (Main Document) (3)
Docket Text: NOTICE of of Subsequent Authority by ArcherDX, Inc. re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Silver, Daniel)
Aug 5, 2020 40 Notice (Other) (Exhibit 1) (30)
Docket Text: NOTICE of of Subsequent Authority by ArcherDX, Inc. re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Silver, Daniel)
Aug 5, 2020 40 Notice (Other) (Exhibit 2) (18)
Docket Text: NOTICE of of Subsequent Authority by ArcherDX, Inc. re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Silver, Daniel)
Aug 4, 2020 38 Notice (Other) (Main Document) (3)
Docket Text: NOTICE of Subsequent Authority by Natera, Inc. re [27] Answering Brief in Opposition, (Attachments: # (1) Exhibits 1-2)(Fahnestock, Derek)
Aug 4, 2020 38 Notice (Other) (Exhibits 1-2) (30)
Docket Text: NOTICE of Subsequent Authority by Natera, Inc. re [27] Answering Brief in Opposition, (Attachments: # (1) Exhibits 1-2)(Fahnestock, Derek)
Jul 31, 2020 37 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Natera, Inc.'s First Set of Interrogatories to ArcherDx, Inc. (Nos. 1-13); and (2) Natera, Inc.'s First Set of Requests for Production of Documents to ArcherDx, Inc. (Nos. 1-68) filed by Natera, Inc..(Fahnestock, Derek)
Jul 30, 2020 35 Statement (6)
Docket Text: STATEMENT re [28] Statement, Defendant ArcherDX's Opposition to Plaintiffs' Request for Judicial Notice In Support of Its Opposition to Defendant's Motion for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) by ArcherDX, Inc.. (Silver, Daniel)
Jul 30, 2020 36 Reply Brief (16)
Docket Text: REPLY BRIEF re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by ArcherDX, Inc.. (Silver, Daniel)
Jul 27, 2020 34 Proposed Order (Main Document) (19)
Docket Text: PROPOSED ORDER [Proposed] Scheduling Order by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
Jul 27, 2020 34 Proposed Order (Letter to The Honorable Leonard P. Stark) (1)
Docket Text: PROPOSED ORDER [Proposed] Scheduling Order by Natera, Inc.. (Attachments: # (1) Letter to The Honorable Leonard P. Stark)(Fahnestock, Derek)
Jul 21, 2020 33 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Gary Frischling, Y. John Lu, Lauren Drake, David Kim and the Law Firm of Milbank LLP as co-counsel.. (Fahnestock, Derek)
Jul 20, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [29] STIPULATION TO EXTEND TIME the Deadline for Defendant ArcherDX to File Its Reply In Support of Its Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim to July 30, 2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 7/20/20. (ntl)
Jul 20, 2020 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters of July 15, IT IS HEREBY ORDERED that a proposed schedule is due within 7 days of the date of this Order. ORDERED by Judge Leonard P. Stark on 7/20/20. (ntl)
Jul 15, 2020 30 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Derek J. Fahnestock regarding Plaintiff's Request for the Court to enter an Order Requiring Submission of a Proposed Scheduling Order. (Fahnestock, Derek)
Jul 15, 2020 31 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Opposition to entry of a case schedule - re [30] Letter. (Silver, Daniel)
Jul 13, 2020 29 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME the Deadline for Defendant ArcherDX to File Its Reply In Support of Its Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim to July 30, 2020 - filed by ArcherDX, Inc.. (Joyce, Alexandra)
Jul 9, 2020 27 Answering Brief in Opposition (26)
Docket Text: ANSWERING BRIEF in Opposition re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Natera, Inc..Reply Brief due date per Local Rules is 7/16/2020. (Fahnestock, Derek)
Jul 9, 2020 28 Statement (Main Document) (6)
Docket Text: STATEMENT re [27] Answering Brief in Opposition, [Natera Inc.'s Request for Judicial Notice in Support of its Opposition to Defendant's Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim] by Natera, Inc.. (Attachments: # (1) Exhibits 1-5)(Fahnestock, Derek)
Jul 9, 2020 28 Statement (Exhibits 1-5) (30)
Docket Text: STATEMENT re [27] Answering Brief in Opposition, [Natera Inc.'s Request for Judicial Notice in Support of its Opposition to Defendant's Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim] by Natera, Inc.. (Attachments: # (1) Exhibits 1-5)(Fahnestock, Derek)
Jul 8, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Bhanu K. Sadasivan and William G. Gaede, III for Natera, 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. (mal)
Jul 7, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [26] MOTION for Pro Hac Vice Appearance of Attorney William G. Gaede, III and Bhanu K. Sadasivan filed by Natera, Inc. Signed by Judge Leonard P. Stark on 7/7/20. (ntl)
Jul 6, 2020 26 Motion for Leave to Appear Pro Hac Vice (5)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William G. Gaede, III and Bhanu K. Sadasivan - filed by Natera, Inc.. (Fahnestock, Derek)
Jun 12, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [25] STIPULATION TO EXTEND TIME to Respond to Defendant ArcherDx, Inc.'s Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (D.I. 23) to July 9, 2020 filed by Natera, Inc. Signed by Judge Leonard P. Stark on 6/12/20. (ntl)
Jun 11, 2020 25 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to Respond to Defendant ArcherDx, Inc.'s Motion for Judgment on the Pleadings under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim (D.I. 23) to July 9, 2020 - filed by Natera, Inc.. (Fahnestock, Derek)
Jun 4, 2020 23 Motion for Judgment on the Pleadings (Main Document) (2)
Docket Text: MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim - filed by ArcherDX, Inc.. (Attachments: # (1) Proposed Order)(Joyce, Alexandra)
Jun 4, 2020 23 Motion for Judgment on the Pleadings (Proposed Order) (2)
Docket Text: MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim - filed by ArcherDX, Inc.. (Attachments: # (1) Proposed Order)(Joyce, Alexandra)
Jun 4, 2020 24 Opening Brief in Support (26)
Docket Text: OPENING BRIEF in Support re [23] MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by ArcherDX, Inc..Answering Brief/Response due date per Local Rules is 6/18/2020. (Joyce, Alexandra)
Jun 3, 2020 22 Answer to Counterclaim (18)
Docket Text: ANSWER to [21] Answer to Amended Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek)
May 13, 2020 21 Answer to Amended Complaint (Main Document) (30)
Docket Text: ANSWER to Amended Complaint, re: [17] Amended Complaint with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc.. (Attachments: # (1) Exhibits 1-8)(Silver, Daniel)
May 13, 2020 21 Answer to Amended Complaint (Exhibits 1-8) (30)
Docket Text: ANSWER to Amended Complaint, re: [17] Amended Complaint with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc.. (Attachments: # (1) Exhibits 1-8)(Silver, Daniel)
Apr 22, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [20] STIPULATION TO EXTEND TIME Defendant's Deadline to Answer, Move or Otherwise Respond to the First Amended Complaint for Patent Infringement to Wednesday, May 13, 2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 4/22/20. (ntl)
Apr 21, 2020 20 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME Defendant's Deadline to Answer, Move or Otherwise Respond to the First Amended Complaint for Patent Infringement to Wednesday, May 13, 2020 - filed by ArcherDX, Inc.. (Silver, Daniel)
Apr 16, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Gary N. Frischling for Natera, 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. (kmd)
Apr 15, 2020 17 Amended Complaint* (1)
Apr 15, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Lauren N. Drake for Natera, 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. (kmd)
Apr 15, 2020 17 Amended Complaint (Main Document) (30)
Docket Text: First AMENDED COMPLAINT for Patent Infringement against ArcherDX, Inc.- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-3, # (2) Exhibit 4, # (3) Exhibits 5-32)(Fahnestock, Derek)
Apr 15, 2020 17 Amended Complaint (Exhibits 1-3) (30)
Docket Text: First AMENDED COMPLAINT for Patent Infringement against ArcherDX, Inc.- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-3, # (2) Exhibit 4, # (3) Exhibits 5-32)(Fahnestock, Derek)
Apr 15, 2020 17 Amended Complaint (Exhibit 4) (30)
Docket Text: First AMENDED COMPLAINT for Patent Infringement against ArcherDX, Inc.- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-3, # (2) Exhibit 4, # (3) Exhibits 5-32)(Fahnestock, Derek)
Apr 15, 2020 17 Amended Complaint (Exhibits 5-32) (30)
Docket Text: First AMENDED COMPLAINT for Patent Infringement against ArcherDX, Inc.- filed by Natera, Inc.. (Attachments: # (1) Exhibits 1-3, # (2) Exhibit 4, # (3) Exhibits 5-32)(Fahnestock, Derek)
Apr 15, 2020 18 Answer to Counterclaim (7)
Docket Text: ANSWER to [14] Answer to Complaint, Counterclaim by Natera, Inc..(Fahnestock, Derek)
Apr 15, 2020 19 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,557,172 B2 ;10,590,482 B2 ;10,597,708 B2 . (Fahnestock, Derek)
Mar 27, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Filko Prugo, Jon T Tanaka, Keyna Chow for ArcherDX, 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. (kmd)
Mar 27, 2020 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Matthew J. Rizzolo for ArcherDX, 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. (kmd)
Mar 26, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [12] MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo filed by ArcherDX, Inc., [13] MOTION for Pro Hac Vice Appearance of Attorney Jon T. Tanaka and Keyna Chow filed by ArcherDX, Inc., [10] MOTION for Pro Hac Vice Appearance of Attorney David Kim filed by Natera, Inc. Signed by Judge Leonard P. Stark on 3/26/20. (ntl)
Mar 26, 2020 16 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Alexandra M. Joyce on behalf of ArcherDX, Inc. (Joyce, Alexandra)
Mar 25, 2020 14 Answer to Complaint (Main Document) (30)
Docket Text: ANSWER to [1] Complaint, with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc.. (Attachments: # (1) Exhibits 1-6)(Silver, Daniel)
Mar 25, 2020 14 Answer to Complaint (Exhibits 1-6) (30)
Docket Text: ANSWER to [1] Complaint, with Jury Demand , COUNTERCLAIM against Natera, Inc. by ArcherDX, Inc.. (Attachments: # (1) Exhibits 1-6)(Silver, Daniel)
Mar 25, 2020 15 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ArcherDX, Inc.. (Silver, Daniel)
Mar 24, 2020 13 Motion for Leave to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jon T. Tanaka and Keyna Chow - filed by ArcherDX, Inc.. (Attachments: # (1) Certifications for Jon T. Tanaka and Keyna Chow)(Silver, Daniel)
Mar 24, 2020 13 Motion for Leave to Appear Pro Hac Vice (Certifications for Jon T. Tanaka and Keyna Chow) (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jon T. Tanaka and Keyna Chow - filed by ArcherDX, Inc.. (Attachments: # (1) Certifications for Jon T. Tanaka and Keyna Chow)(Silver, Daniel)
Mar 20, 2020 12 Motion for Leave to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo - filed by ArcherDX, Inc.. (Attachments: # (1) Certification of Filko Prugo, # (2) Certification of Charlotte Jacobsen, # (3) Certification of Matthew J. Rizzolo)(Silver, Daniel)
Mar 20, 2020 12 Motion for Leave to Appear Pro Hac Vice (Certification of Filko Prugo) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo - filed by ArcherDX, Inc.. (Attachments: # (1) Certification of Filko Prugo, # (2) Certification of Charlotte Jacobsen, # (3) Certification of Matthew J. Rizzolo)(Silver, Daniel)
Mar 20, 2020 12 Motion for Leave to Appear Pro Hac Vice (Certification of Charlotte Jacobsen) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo - filed by ArcherDX, Inc.. (Attachments: # (1) Certification of Filko Prugo, # (2) Certification of Charlotte Jacobsen, # (3) Certification of Matthew J. Rizzolo)(Silver, Daniel)
Mar 20, 2020 12 Motion for Leave to Appear Pro Hac Vice (Certification of Matthew J. Rizzolo) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo, Charlotte Jacobsen and Matthew J. Rizzolo - filed by ArcherDX, Inc.. (Attachments: # (1) Certification of Filko Prugo, # (2) Certification of Charlotte Jacobsen, # (3) Certification of Matthew J. Rizzolo)(Silver, Daniel)
Mar 19, 2020 11 Notice of Substitution of Counsel (1)
Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re ArcherDX, Inc.: Entry of appearance of attorney Daniel M. Silver. Attorney John W. Shaw terminated. (Silver, Daniel)
Mar 18, 2020 9 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove Jordan Markham as co-counsel.. (Fahnestock, Derek)
Mar 18, 2020 10 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David Kim - filed by Natera, Inc.. (Fahnestock, Derek)
Feb 13, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [8] STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the complaint to March 25, 2020 filed by ArcherDX, Inc. Signed by Judge Leonard P. Stark on 2/13/20. (ntl)
Feb 12, 2020 8 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the complaint to March 25, 2020 - filed by ArcherDX, Inc.. (Shaw, John)
Feb 6, 2020 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [7] MOTION for Pro Hac Vice Appearance of Attorney Gary Frischling, Yite John Lu, Lauren Drake and Jordan P. Markham filed by Natera, Inc. Signed by Judge Leonard P. Stark on 2/6/20. (ntl)
Feb 4, 2020 7 Motion for Leave to Appear Pro Hac Vice (6)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Gary Frischling, Yite John Lu, Lauren Drake and Jordan P. Markham - filed by Natera, Inc.. (Fahnestock, Derek)
Feb 3, 2020 N/A Summons Reissued (0)
Docket Text: Summons Reissued with Magistrate Consent Notice attached as to ArcherDX, Inc.. (nmg)
Feb 3, 2020 6 Summons Returned Executed (2)
Docket Text: Alias SUMMONS Returned Executed by Natera, Inc.. ArcherDX, Inc. served on 2/3/2020, answer due 2/24/2020. (Blumenfeld, Jack)
Jan 29, 2020 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
Jan 27, 2020 1 Complaint* (1)
Jan 27, 2020 N/A Summons Issued (0)
Docket Text: Summons Issued with Magistrate Consent Notice attached as to ArcherDX, Inc. on 1/27/2020. 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. (myr)
Jan 27, 2020 1 Complaint (Main Document) (17)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ArcherDX, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2835659.) - filed by Natera, Inc. (Attachments: # (1) Exhibit 1-11, # (2) Civil Cover Sheet)(myr)
Jan 27, 2020 1 Complaint (Exhibit 1-11) (30)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ArcherDX, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2835659.) - filed by Natera, Inc. (Attachments: # (1) Exhibit 1-11, # (2) Civil Cover Sheet)(myr)
Jan 27, 2020 1 Complaint (Civil Cover Sheet) (1)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against ArcherDX, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2835659.) - filed by Natera, Inc. (Attachments: # (1) Exhibit 1-11, # (2) Civil Cover Sheet)(myr)
Jan 27, 2020 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
Jan 27, 2020 3 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,538,814 B2. (myr)
Jan 27, 2020 4 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Natera, Inc. (myr)
Jan 27, 2020 5 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Natera, Inc.. ArcherDX, Inc. served on 1/27/2020, answer due 2/18/2020. (Blumenfeld, Jack)
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