Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 446-2 Filed O9/21/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AFFYMETRIX, INC., )
Plaintiff] )
v. ) C. A. No. 04-901 (HF)
ILLUMINA, INC., )
Defendant. )

ORDER i
WHEREAS on September 13, 2007, Illumina filed a Motion to Vacate as a Matter
of Law the Jury’s Verdict of Infringement Under the Doctrine of Equivalents on the Basis of
Prosecution History Estoppel (D.I. 444);
WHEREAS the parties have stipulated (D.I. 433) that post-trial JMOL motions
would be addressed at a later date as established by the Court;
WHEREAS the Court has set a conference for October 10, 2007 to discuss the
schedule of this case going forward; l
IT IS HEREBY ORDERED that the briefing schedule for I1lumina’s Motion to
Vacate as a Matter of Law the Jury’s Verdict of Infringement Under the Doctrine of Equivalents
on the Basis of Prosecution History Estoppel will be discussed at the October 10, 2007
conference and Affymetrix need not respond to the motion prior to the conference.
SO ORDERED this day of , 2007.
-»