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`Case 3:16-cv-00661-JLS-BGS Document 81 Filed 05/18/18 PageID.1305 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`THE SCRIPPS RESEARCH
`INSTITUTE,
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`v.
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`ILLUMINA, INC.,
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`Plaintiff,
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`Defendant.
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`
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` Case No.: 16-CV-661 JLS (BGS)
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`ORDER GRANTING JOINT
`MOTION; ENTERING FINAL
`JUDGMENT
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`(ECF No. 80)
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`Presently before the Court is the Plaintiff The Scripps Research Institute and
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`Defendant Illumina, Inc.’s Joint Motion and Stipulation Re Final Judgment, (“MTN,” ECF
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`No. 80).
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`Based upon this Court’s Order on Claim Construction dated April 10, 2018, the
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`Parties have stipulated that none of the bead array products accused of infringement in The
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`Scripps Research Institute’s First Amended Complaint (the “Accused Products”) satisfy
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`the “a”, “(Zn)a”, “(Xn)a”, and “B is a linker molecule operatively linked to A and C”
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`limitations of Claims 1, 3, 10, and 16 (collectively, “the Asserted Claims”) of U.S. Patent
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`No. 6,060,596 (“the ’596 Patent”). (See MTN ¶¶ 10–11.) Moreover, the Parties have
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`stipulated that none of the Accused Products meet the requirement that “a” have the same
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`value in (Xn)a and (Zn)a for a given bifunctional molecule. The Parties have therefore
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`stipulated that Defendant is entitled to a judgment of non-infringement as a matter of law
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`1
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`16-CV-661 JLS (BGS)
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`Case 3:16-cv-00661-JLS-BGS Document 81 Filed 05/18/18 PageID.1306 Page 2 of 2
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`as to all of Plaintiff’s Asserted Claims as set forth in the Joint Motion. The Court GRANTS
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`the Joint Motion. Accordingly, it is HEREBY ORDERED, ADJUDICATED, and
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`DECREED:
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`Judgment is entered against Plaintiff and for Defendant as to Plaintiff’s claims for
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`patent infringement based on the parties’ Joint Motion of Non-Infringement;
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`The Court further enters judgment for Defendant and against Plaintiff and declares
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`claims 1, 3, 10, and 16 of the ’596 Patent not infringed by Defendant. Plaintiff shall take
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`nothing from Defendants with respect to the Asserted Claims of the ’596 Patent;
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`Defendant is the prevailing party for purposes of recovering costs.
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`The Clerk SHALL close the file.
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`IT IS SO ORDERED.
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`Dated: May 18, 2018
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`16-CV-661 JLS (BGS)
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