Free Declaration in Support - District Court of California - California

Case 3:07-cv-02845-WHA

Document 108

Filed 01/28/2008

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BRYAN WILSON (CA BAR NO. 138842) DARA TABESH (CA BAR NO. 230434) ERIC C. PAI (CA BAR NO. 247604) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650.813.5600 Facsimile: 650.494.0792 E-Mail: [email protected] E-Mail: [email protected] E-Mail: [email protected] DAVID C. DOYLE (CA BAR NO. 70690) STEVEN E. COMER (CA BAR NO. 154384) MORRISON & FOERSTER LLP 12531 High Bluff Drive, Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 E-Mail: [email protected] E-Mail: [email protected] Attorneys for Plaintiff APPLERA CORPORATION--APPLIED BIOSYSTEMS GROUP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLERA CORPORATION--APPLIED BIOSYSTEMS GROUP, a Delaware corporation, Plaintiff, v. ILLUMINA, INC., a Delaware corporation, SOLEXA, INC., a Delaware corporation, and STEPHEN C. MACEVICZ, an individual, Defendants.

Case No.

07-CV-02845 WHA

DECLARATION OF DAVID C. DOYLE IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF REQUESTING CASE MANAGEMENT CONFERENCE FOLLOWING JANUARY 30, 2008 TUTORIAL Date: January 30, 2008 Time: 1:30 p.m. Place: Courtroom 9, 19th Floor Honorable William H. Alsup

DOYLE DECL. ISO MOT. FOR ADMIN. RELIEF REQUESTING CASE SCHEDULING CONFERENCE CASE NO. 07-CV-02845 WHA sd-409587

Case 3:07-cv-02845-WHA

Document 108

Filed 01/28/2008

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I, David C. Doyle, declare as follows: 1. I am a member of the bar of the State of California and am a partner with the law

firm of Morrison & Foerster LLP, which represents Plaintiff Applera Corporation ­ Applied Biosystems Group ("AB") in this matter. I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently as to them. 2. Attached hereto as Exhibits A-D are true and correct copies of correspondence

between counsel for AB and counsel for Defendants regarding the scheduling of depositions. 3. On Thursday, January 24, 2008, AB received Defendants' motion for summary

judgment seeking to bar AB's ownership claims based on the statute of limitations. 4. On Friday, January 25, 2008, I called Defendants' counsel, John R. Labbé. I

informed Mr. Labbé that AB would file a motion seeking a case management conference following the January 30, 2008 technology tutorial to discuss AB's proposed expedited discovery plan and cross motion for summary judgment on the ownership issue. 5. Mr. Labbé said that Defendants did not object to a case management conference

following the tutorial, but Defendants would not agree to a revised schedule that changed the currently scheduled February 28, 2008 hearing date for Defendants' summary judgment motion. Accordingly, a stipulation for an expedited discovery plan could not be reached. Dated: January 28, 2008 MORRISON & FOERSTER LLP

By:

/s/ David C. Doyle David C. Doyle Email: [email protected] Attorneys for Plaintiff APPLERA CORPORATION-- APPLIED BIOSYSTEMS GROUP

DOYLE DECL. ISO MOT. FOR ADMIN. RELIEF REQUESTING CASE MANAGEMENT CONFERENCE CASE NO. 07-CV-02845 WHA sd-409587