Free Order - District Court of California - California

Case 3:07-cv-02845-WHA

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Filed 10/01/2007

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[PROPOSED] ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION Case No. 07-CV-02845 WHA pa-1196342

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP, a Delaware corporation,

Case No.

07-CV-02845 WHA

[PROPOSED] ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION

ILLUMINA, INC., a Delaware corporation, SOLEXA, INC., a Delaware corporation, and STEPHEN C. MACEVICZ, an individual,

Case 3:07-cv-02845-WHA

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As directed by the Court in its Case Management Order and Reference to Magistrate Judge for Settlement/Mediation, dated September 20, 2007 (Docket No. 32), the Parties submit the following stipulated Order establishing a briefing schedule leading up to the claim construction hearing on February 13, 2008: SCHEDULE FOR CLAIM CONSTRUCTION PROCEEDINGS Filing / Event Exchange proposed terms and claim elements for construction [Patent L.R. 4-1] Exchange preliminary claim constructions and extrinsic evidence [Patent L.R. 4-2] File joint claim construction and prehearing statement [Patent L.R. 4-3] Solexa to serve and file opening brief on claim construction [Patent L.R. 4-5(a)] Applied Biosystems to serve and file responsive brief on claim construction [Patent L.R. 4-5(b)] Solexa to serve and file reply brief on claim construction [Patent L.R. 4-5(c)] Complete claim construction discovery Tutorial Claim Construction Hearing Date November 27, 2007

December 7, 2007

December 21, 2007

January 4, 2008

January 18, 2008

January 25, 2008

January 29, 2008 January 30, 2008, at 1:30 p.m. February 13, 2008, at 1:30 p.m.

If a party relies upon the affidavit or declaration of an expert in support of a brief on claim construction, that party shall make the expert reasonably available for deposition no later than 2 days before the other party's responsive or reply brief must be filed. If Solexa relies upon the affidavit or declaration of an expert in support of its reply brief on claim construction, Solexa shall make the expert reasonably available for deposition before the deadline to complete claim construction discovery on January 29, 2008. The parties shall meet and confer in advance of the filing of the opening brief on claim construction to ensure that these depositions may be taken.
[PROPOSED] ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION Case No. 07-CV-02845 WHA pa-1196342

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Case 3:07-cv-02845-WHA

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UNIT ED

Dated: September 28, 2007

MORRISON & FOERSTER LLP

By:

/s/ Eric C. Pai Eric C. Pai Attorneys for APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP

Dated: September 28, 2007

MARSHALL, GERSTEIN & BORUN LLP

By:

/s/ John R. Labbe John R. Labbe Attorneys for ILLUMINA, INC. and SOLEXA, INC.

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S

IT IS SO ORDERED.

S DISTRICT TE C TA

ER WILLIAMNH. ALSUP C F D United StatesISTRICT O Judge District

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[PROPOSED] ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION Case No. 07-CV-02845 WHA pa-1196342

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October 1, 2007 Dated: _______________________

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I, Eric C. Pai, am the ECF User whose ID and password are being used to file this [PROPOSED] ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION. In compliance with General Order 45, X.B., I hereby attest that John R. Labbe has concurred in this filing. Dated: September 28, 2007 MORRISON & FOERSTER LLP

By:

/s/ Eric C. Pai Eric C. Pai Attorneys for Plaintiff APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP

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[PROPOSED] ORDER RE SCHEDULE FOR CLAIM CONSTRUCTION Case No. 07-CV-02845 WHA pa-1196342