Free Status Report - District Court of Delaware - Delaware

Case 1:04-cv-01522—Gl\/IS Document 14 Filed O3/11/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VENTANA MEDICAL SYSTEMS, INC.,
Plaintiff,
v. Civil Action No. 04-1522 (GMS)
DAKOCYTOMATION CALIFORNIA INC.,
Defendant.
JOINT STATUS REPORT
Plaintiff Ventana Medical Systems, Inc. ("Ventana") and defendant
Dal status report.
l. Jurisdiction and Service. The parties agree that the Court has subject
matter jurisdiction, and that both parties are subject to the Court’s jurisdiction. No parties
remain to be served.
2. Substance of the Action. Ventana contends that Dal infringes U.S. Patent No. 6,827,901 B2 ("the ‘90l patent") and that such infringement is
willful. DakoCyto1nation denies that it infringes the ‘90l patent and contends that the
patent is invalid.
W 3. Identification of Issues. The principal factual and legal issues in dispute
are:
a. Whether DakoCytomation directly infringes, contributes to
infringement oi or induces infringement of the ‘90l patent.

Case 1:04-cv-01522—Gl\/IS Document 14 Filed O3/11/2005 Page 2 of 4
b. The proper construction of claims in the ‘90l patent.
c. Whether the ‘90l patent is invalid.
d. Whether Ventana is entitled to damages as a result of
DakoCytomation’s alleged infringement, and if so, the amount of such damages and
whether they should be enhanced for alleged willful infringement.
e. Whether Ventana is entitled to an injunction.
4. N arrowing of Issues. The parties believe that the issues in the litigation
may be able to be narrowed after the parties have conducted necessary factual discovery.
While dispositive or partially dispositive issues may arise which may be appropriate for
decision on motion, the parties have not yet fomrulated any such motions at this _juncture
in the litigation.
5. ljejjgj. Ventana seeks injunctive relief and damages adequate to
compensate for DakoCytomation’s alleged infringement, together with interest and costs.
i Ventana believes that damages will be computed based on lost profits, a reasonable
royalty, or some combination thereof
6. Amendment of Pleadings. The parties do not presently intend to amend
their pleadings.
7. J oinder of Parties. The parties do not presently intend to join any
additional parties.
8. Discovery. The parties contemplate serving document requests,
interrogatories, requests for admission, and deposition notices. The parties believe that
the default limits imposed by the Federal Rules of Civil Procedure and Local Rules are
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Case 1:04-cv-01522-Gl\/IS Document 14 Filed 03/11/2005 Page 3 of 4
appropriate. The parties will explore the possibility of less costly and time—consu1ning
methods to obtain necessary information, but none have been identified at this time.
9. Estimated Trial Length. The parties anticipate that the length of trial
will be approximately one week. Ventana does not believe there is any need to bifurcate
any issues for trial. DakoCytomation believes it may be more fair and efficient to
bifurcate the liability and damages phases of this action. It may be possible to reduce the
length of trial by stipulations, use of summaries or statements, or other expedited means
of presenting evidence, but the parties believe that such alternatives can best be identified
and explored after the parties have had an opportunity to take discovery.
10. J ury Trial. Both parties request a trial byjury.
1 1. Settlement. There have not been any settlement discussions. The parties
believe that meaningful settlement discussions can take place after the parties have had
an opportunity to take discovery and assess the relative strengths and weaknesses of their
respective positions.
12. Other Matters. The parties expect to stipulate to a protective order
governing the confidential treatment of documents, testimony, and other information
disclosed in this case.
13. Meet and Confer. Counsel for the parties have conferred about each of
the above matters.
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Case 1:04-cv-01522—G|\/IS Document 14 Filed O3/11/2005 Page 4 of 4
YOUNG CONAWAY STARGATT & FISH & RICHARDSON P.C.
TAYLOR
@@./-4 //e,\2/
Richard H. Morse (No. 531) Timothy Devlin (`No. 4241)
The Brandywine Building, 17th Floor 919 North Market Street
1000 West Street Suite 1100
P.O. Box 391 P.O. Box 1114
Wilmington, Delaware 19899 Wilmington, Delaware 19899
(302) 571-6600 (302) 652-5070
imorsegci2ycst.co1n tdevlin@_ frggng
Attorneys for Plaintiff Attorneys for Defendant
Ventana Medical Systems, Inc. DakoCyto1nation California Inc.
Of Counsel: Of Counsel:
Ron E. Shulman (pro Imc vice) Michael E. Zeliger (pm hac vice)
Roger J. Chin (pro hczc vice) FISH & RICHARDSON P.C.
WILSON SONSINI GOODRICH & ROSATI 225 Franklin Street
650 Page Mill Road Boston, Massachusetts 021 10
Palo Alto, Califomia 94304 (617) 542-5070
(650) 493-9300
DATED: March 11, 2005
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