Natera, Inc. v. CareDx, Inc.

1:20-cv-00038 | Delaware District Court

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Division Wilmington
Judge Judge Colm F. Connolly
Filed Jan. 13, 2020
Case Flags CASREF, LEAD, Multi-Media Docs, and PATENT
Magistrate Judge Christopher J. Burke
Nature of Suit 830 Patent
Cause 35:1 Patent Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
3/19/2025Notice re Attorney Appearance - Requesting Removal of Co-Counsel
3/17/2025USCA Notice of Docketing ROA - Federal Circuit
3/17/2025Notice - Other
3/17/2025USCA Notice of Appeal and Docket Transmitted, USCA Appeal Record Sent to Reporter Warner, USCA Appeal Record Sent to Reporter Ingram, USCA Appeal Record Sent to Reporter Archer, - APPEAL - Credit Card Payment (Attorneys Only)
3/17/2025- NOTICE OF APPEAL - Federal Circuit
3/12/2025SO ORDERED
3/10/2025Patent/Trademark Report to Commissioner of Patents
3/10/2025Stipulation to EXTEND Time
3/10/2025Judgment
3/7/2025Proposed Order
3/4/2025SO ORDERED, re 560 STIPULATION TO EXTEND TIME for the parties to file a proposed judgment to March 7, 2025, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 3/4/2025. (kmd) (Entered: 03/04/2025)
3/4/2025 STIPULATION TO EXTEND TIME for the parties to file a proposed judgment to March 7, 2025 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 03/04/2025)
2/25/2025ORAL ORDER: WHEREAS the Court granted CareDx's Motion for Judgment as a Matter of Law Under FRCP 50 or, in the Alternative, New Trial Under FRCP 59 (D.I. 485), D.I. 559, and will therefore enter a judgment declaring claims 21, 26, and 27 of the #544 patent and claims 14 and 15 of the #180 patent invalid as a matter of law for lack of adequate written description, see D.I. 558; D.I. 559; NOW THEREFORE, the following motions are DENIED AS MOOT: (1) CareDx's Motion for Judgment of Invalidity Pursuant to FRCP 52 or, in the alternative, Motion for Judgment as a Matter of Law or, Motion for New Trial (D.I. 487); (2) Natera's Motion for Permanent Injunction (D.I. 502); and (3) CareDx's Motion to Reopen the Record (D.I. 537). Ordered by Judge Colm F. Connolly on 2/25/2025. (mws) (Entered: 02/25/2025)
2/24/2025ORDER: Defendant CareDx, Inc.'s Motion for Judgment as a Matter of Law Under FRCP 50 or, in the Alternative, New Trial Under FRCP 59 (D.I. 485) is GRANTED. CareDx's motion for a new trial is conditionally DENIED. The parties shall submit no later than March 4, 2025 a proposed judgment for the Court to enter. Signed by Judge Colm F. Connolly on 2/24/2025. (mws) (Entered: 02/24/2025)
2/24/2025MEMORANDUM OPINION. Signed by Judge Colm F. Connolly on 2/24/2025. (mws) (Entered: 02/24/2025)
1/24/2025 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Response to Natera's Opening Letter Brief. (Farnan, Brian) (Entered: 01/24/2025)
1/21/2025 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Answers to the Court's Questions Relating to Written Description - re 551 Order,. (Fahnestock, Derek) (Entered: 01/21/2025)
1/21/2025 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Response to the Court's December 30, 2024 Order - re 551 Order,. (Farnan, Brian) (Entered: 01/21/2025)
1/17/2025 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Natera's Answers to the Court's Questions in D.I. 552 Relating to 35 U.S.C. Section 101 - re 522 Oral Order,,,,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,,,,,. (Fahnestock, Derek) (Entered: 01/17/2025)
1/3/2025MEMORANDUM ORDER: it is HEREBY ORDERED that Plaintiff Natera, Inc.'s Renewed Motion for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or New Trial Pursuant to Fed. R. Civ. P. 59 (D.I. 489) is DENIED. Signed by Judge Colm F. Connolly on 1/3/2025. (mws) (Entered: 01/03/2025)
1/2/2025ORDER. Natera shall submit no later than January 17, 2025 a letter that answers separately the questions set forth within. If CareDx wishes to file a letter in response to Natera's letter, it shall do so no later than January 24, 2025. Signed by Judge Colm F. Connolly on 1/2/2025. (kmd) (Entered: 01/02/2025)
12/30/2024ORDER: The parties shall submit no later than January 21, 2025 letters that answer separately (and, if applicable, with supporting record and/or case law citations) the questions outlined in this order (see order for further details). Signed by Judge Colm F. Connolly on 12/30/2024. (mws) (Entered: 12/30/2024)
11/4/2024 REPLY BRIEF re 537 MOTION to Reopen the Record filed by CareDx, Inc.. (Farnan, Brian) (Entered: 11/04/2024)
11/4/2024REDACTED VERSION of 545 Answering Brief in Opposition - by Natera, Inc.. (Attachments: # 1 Ex. 1)(Fahnestock, Derek) (Entered: 11/04/2024)
10/28/2024SO ORDERED, re 547 STIPULATION TO EXTEND TIME to file a public version of Plaintiff's Answering Brief in Opposition to CareDx, Inc.'s Motion to Reopen the Record (D.I. 545) to November 4, 2024, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 10/28/2024. (kmd) (Entered: 10/28/2024)
10/28/2024 STIPULATION TO EXTEND TIME to file a public version of Plaintiff's Answering Brief in Opposition to CareDx, Inc.'s Motion to Reopen the Record (D.I. 545) to November 4, 2024 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/28/2024)
10/24/2024NOTICE requesting Clerk to remove Nate Ngerebara as co-counsel.. (Farnan, Brian) (Entered: 10/24/2024)
10/21/2024[SEALED] ANSWERING BRIEF in Opposition re 537 MOTION to Reopen the Record filed by Natera, Inc..Reply Brief due date per Local Rules is 10/28/2024. (Attachments: # 1 Exhibit 1)(Fahnestock, Derek) (Entered: 10/21/2024)
10/15/2024SO ORDERED, re 544 Stipulation and Order Regarding Briefing on CareDx Motion to Reopen Record filed by Natera, Inc., Set Briefing Schedule: re 537 MOTION to Reopen the Record . (Answering Brief due 10/21/2024., Reply Brief due 11/4/2024.) Ordered by Judge Colm F. Connolly on 10/15/2024. (mws) (Entered: 10/15/2024)
10/14/2024 STIPULATION and [Proposed] Order Regarding Briefing on CareDx Motion to Reopen Record - by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/14/2024)
10/10/2024 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding response to CareDx's Request for Judgment - re 540 Statement. (Fahnestock, Derek) (Entered: 10/10/2024)
10/7/2024REDACTED VERSION of 539 Declaration by CareDx, Inc.. (Attachments: # 1 Exhibits A-B)(Farnan, Brian) (Entered: 10/07/2024)
10/7/2024REDACTED VERSION of 538 Opening Brief in Support by CareDx, Inc.. (Farnan, Brian) (Entered: 10/07/2024)
10/2/2024 STATEMENT re 535 Letter Defendant CareDx's Brief Concerning Non-Infringement of its RFS Products and Request for Judgment by CareDx, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 10/02/2024)
10/2/2024Motions No Longer Referred: D.I. 537 MOTION to Reopen the Record (smg) (Entered: 10/02/2024)
10/2/2024CORRECTING ENTRY: Previous deficiency notice has been deleted. Notice was filed erroneously. (smg) (Entered: 10/02/2024)
9/30/2024[SEALED] DECLARATION re 538 Opening Brief in Support of Edward R. Reines by CareDx, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Farnan, Brian) (Entered: 09/30/2024)
9/30/2024[SEALED] OPENING BRIEF in Support re 537 MOTION to Reopen the Record filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 10/15/2024. (Attachments: # 1 Certificate of Service)(Farnan, Brian) (Entered: 09/30/2024)
9/30/2024 MOTION to Reopen the Record - filed by CareDx, Inc.. (Attachments: # 1 Rule 7.1.1 Certification) Motion no longer referred to Christopher J. Burke.(Farnan, Brian) Modified on 10/2/2024 (smg). (Entered: 09/30/2024)
9/19/2024REDACTED VERSION of 535 Letter by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/19/2024)
9/11/2024[SEALED] Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding post-trial briefing on RFS Products. (Fahnestock, Derek) (Entered: 09/11/2024)
9/11/2024ORAL ORDER DENYING AS MOOT 456 MOTION for Judgment as a Matter of Law - Phase 2 filed by CareDx, Inc., 452 MOTION for Judgment as a Matter of Law filed by CareDx, Inc., 451 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) filed by Natera, Inc. per the filing of the renew motions for judgment as a matter of law on May 1, 2024. Ordered by Judge Colm F. Connolly on 9/11/2024. (nmf) (Entered: 09/11/2024)
9/11/2024USCA Order Terminating Appeal as to 506 Notice of Appeal (Federal Circuit) filed by Natera, Inc. USCA Decision:IT IS ORDERED THAT (1)The motion to dismiss as untimely is denied. (2)The appeal is deactivated. Within fourteen days ofthe entry of final judgment, the parties are directed to in-form the court as to how they believe this appeal should proceed. (nmf) (Entered: 09/11/2024)
9/4/2024SO ORDERED, re 532 Stipulation Regarding Briefing on CareDx's RFS Products, filed by Natera, Inc. Reset Briefing Schedule: Opening Brief due 9/11/2024. Answering Brief due 10/7/2024. Reply Brief due 10/16/2024. Signed by Judge Colm F. Connolly on 9/4/2024. (kmd) (Entered: 09/04/2024)
9/4/2024 STIPULATION and [Proposed] Order Regarding Briefing on CareDx's RFS Products by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/04/2024)
8/6/2024SO ORDERED, re 530 Stipulation Regarding Briefing on CareDX RFS Products, filed by Natera, Inc. Reset Briefing Schedule: Opening Brief due 9/4/2024. Answering Brief due 9/23/2024. Reply Brief due 10/2/2024. Signed by Judge Colm F. Connolly on 8/6/2024. (kmd) (Entered: 08/06/2024)
8/5/2024 STIPULATION and [Proposed] Order Regarding Briefing on CareDX RFS Products by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/05/2024)
7/17/2024REDACTED VERSION of 528 Reply Brief by Natera, Inc.. (Fahnestock, Derek) (Entered: 07/17/2024)
7/15/2024[SEALED] REPLY BRIEF re 502 MOTION for Permanent Injunction filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 07/15/2024)
7/10/2024NOTICE OF SERVICE of (i) Rebuttal (Post-Trial) Expert Report of Brian W. Napper; (ii) Rebuttal Expert Report of Brian R. Stimson; and (iii) Rebuttal Expert Report of Dr. Brian Van Ness Post-Trial Phase filed by CareDx, Inc..(Farnan, Brian) (Entered: 07/10/2024)
7/2/2024REDACTED VERSION of 523 Answering Brief in Opposition by CareDx, Inc.. (Farnan, Brian) (Entered: 07/02/2024)
6/28/2024SO ORDERED, re 524 Stipulation Amending Schedule for Post-Trial Proceedings, filed by CareDx, Inc. (See Order for details.) Signed by Judge Colm F. Connolly on 6/28/2024. (kmd) (Entered: 06/28/2024)
6/28/2024 STIPULATION Amending Schedule for Post-Trial Proceedings by CareDx, Inc.. (Farnan, Brian) (Entered: 06/28/2024)
6/25/2024[SEALED] ANSWERING BRIEF in Opposition re 502 MOTION for Permanent Injunction filed by CareDx, Inc..Reply Brief due date per Local Rules is 7/2/2024. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 06/25/2024)
6/21/2024522ORAL ORDER: The Court, having reviewed Plaintiff's discovery dispute motion ("Motion"), (D.I. 484 ), by which Plaintiff seeks an order that Defendant produce discovery into its Medicare reimbursement practices regarding the accused “RFS” version of its AlloSure product (the “RFS product”) (specifically, that Defendant produce all non-privileged documents responsive to Plaintiff’s RFP Nos. 4, 5 and 7, respond to Plaintiff’s Interrogatory No. 6 and provide Rule 30(b)(6) testimony on Topics 10-11 (the “Medicare reimbursement discovery”)), (D.I. 491 at 1, 3), and the briefing related thereto, (D.I. 491 ; D.I. 493 ; D.I. 496 ), hereby ORDERS that the Motion is DENIED for the reasons that follow: (1) Defendant’s main argument is that it need not produce Medicare reimbursement discovery because that discovery is irrelevant to the question of whether the RFS product infringes.  (D.I. 493 at 1-3)  Only discovery that is actually relevant to the claims and defenses at issue in the case needs to be produced. See Fed. R. Civ. P. 26(b)(1); see also Koninklijke KPN NV v. Xiaomi Corp., Civil Action No. 21-41-GBW-CJB, D.I. 96 (D. Del. Oct. 21, 2022); Uniloc USA, Inc. v. Apple Inc., Case No. 18-cv-00362-PJH (LB), 2018 WL 2002979, at *2-3 (N.D. Cal. Apr. 30, 2018) (citing cases).  Plaintiff, as the party seeking the discovery at issue, has the burden to demonstrate relevance.  See Koninklijke, D.I. 96.; (2) Plaintiff has not met its burden to show that the Medicare reimbursement discovery is relevant to the case.  It appears that Plaintiff’s theory of relevance has shifted over time.  (D.I. 493 at 2)  During the parties’ initial discussions, Plaintiff appeared to contend that the Medicare reimbursement discovery was relevant because Defendant “asserts that the RFS [product] is a non-infringing alternative” and thus “discovery is proper into whether the RFS is commercially viable, and whether the RFS is reimbursable by Medicare goes to the heard of commercial viability.”  (Id., ex. 2 at 2) That is not the theory of relevance that Plaintiff asserts now, however.  Plaintiff’s present theory of relevance is that Defendant is claiming that the RFS product does not infringe under 35 U.S.C. 271(a) because it does not perform every step of method claim 21 within the United States, as required by Section 271(a), and the Medicare reimbursement discovery would: (a) demonstrate whether Defendant is claiming for purposes of Medicare reimbursement that it is furnishing the RFS product within the United States, as required to qualify for reimbursement; (b) which would allow Plaintiff to test Defendant’s claim that the RFS product is performed out of the United States.  (D.I. 491 at 1-2; D.I. 496 at 1)  But Plaintiff did not sufficiently explain its infringement theory as to the RFS product.  That is, Plaintiff did not well set out what is the relevant law in such a situation (i.e., one involving both U.S. and international acts that are relevant to the performance of a method claim) or exactly what its argument is as to how Defendant can be said to be found to be infringing under Section 271(a) if one of the steps at issue is performed overseas.  (D.I. 496 at 1 (Plaintiff only cryptically saying that “[d]ocuments related to where CareDx believes its process is performed would be relevant as both inquiries will relate to where important aspects of the method are taking place and whether the method must be taking place in the U.S. to receive reimbursement”)) And because of this, the Court is left guessing at how the Medicare reimbursement discovery could be relevant to the case.  (See D.I. 493 at 3)  Plaintiff also vaguely asserted that "[t]here remain details as to the operation of the accused methods that require further investigation by Natera”—but without further explanation as to what those “details” are, the Court is unsure how the Medicare reimbursement discovery would be helpful to that investigation.  (D.I. 496 at 1); and (3) Because Plaintiff did not meet its burden of demonstrating the relevance of the discovery that it seeks, its motion must be denied. Ordered by Judge Christopher J. Burke on 06/21/2024. (smg) (Entered: 06/21/2024)
6/20/2024 REPLY BRIEF re 489 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or New Trial Pursuant to Fed. R. Civ. P. 59 (Renewed) filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/20/2024)
6/20/2024 REPLY BRIEF re 485 MOTION for Judgment as a Matter of Law or, in the alternative MOTION for New Trial filed by CareDx, Inc.. (Farnan, Brian) (Entered: 06/20/2024)
6/20/2024 REPLY BRIEF re 487 MOTION for Judgment of Invalidity Pursuant to FRCP 52 or, in the alternative MOTION for Judgment as a Matter of Law or MOTION for New Trial filed by CareDx, Inc.. (Farnan, Brian) (Entered: 06/20/2024)
6/6/2024REDACTED VERSION of 505 Declaration by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/06/2024)
6/6/2024REDACTED VERSION of 504 Declaration, by Natera, Inc.. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11)(Fahnestock, Derek) (Entered: 06/06/2024)
6/6/2024REDACTED VERSION of 503 Opening Brief in Support, by Natera, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Fahnestock, Derek) (Entered: 06/06/2024)
6/6/2024REDACTED VERSION of 502 MOTION for Permanent Injunction by Natera, Inc.. (Attachments: # 1 [Proposed] Order)(Fahnestock, Derek) (Entered: 06/06/2024)
6/4/2024SO ORDERED, re 513 STIPULATION TO EXTEND TIME for Natera to provide public versions of D.I. 502-505 to June 6, 2024, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 6/4/2024. (kmd) (Entered: 06/04/2024)
6/4/2024 STIPULATION TO EXTEND TIME for Natera to provide public versions of D.I. 502-505 to June 6, 2024 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/04/2024)
6/3/2024NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 506 Notice of Appeal (Federal Circuit) filed by Natera, Inc. USCA Case Number 2024-1894. (nmf) (Entered: 06/03/2024)
6/3/2024SO ORDERED, re 508 STIPULATION TO EXTEND TIME to File (1) Opposition and (2) Reply for Motion for Permanent Injunction to (1) June 25, 2024 and (2) July 15, 2024, filed by CareDx, Inc. Reset Briefing Schedule: re 502 MOTION for Permanent Injunction. Answering Brief due 6/25/2024., Reply Brief due 7/15/2024. Signed by Judge Colm F. Connolly on 6/3/2024. (kmd) (Entered: 06/03/2024)
5/31/2024 ANSWERING BRIEF in Opposition re 485 MOTION for Judgment as a Matter of Law or, in the alternative MOTION for New Trial filed by Natera, Inc..Reply Brief due date per Local Rules is 6/7/2024. (Fahnestock, Derek) (Entered: 05/31/2024)
5/31/2024 ANSWERING BRIEF in Opposition re 487 MOTION for Judgment of Invalidity Pursuant to FRCP 52 or, in the alternative MOTION for Judgment as a Matter of Law or MOTION for New Trial filed by Natera, Inc..Reply Brief due date per Local Rules is 6/7/2024. (Fahnestock, Derek) (Entered: 05/31/2024)
5/31/2024 STIPULATION TO EXTEND TIME to File (1) Opposition and (2) Reply for Motion for Permanent Injunction to (1) June 25, 2024 and (2) July 15, 2024 - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 05/31/2024)
5/31/2024 ANSWERING BRIEF in Opposition re 489 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or New Trial Pursuant to Fed. R. Civ. P. 59 (Renewed) filed by CareDx, Inc..Reply Brief due date per Local Rules is 6/7/2024. (Farnan, Brian) (Entered: 05/31/2024)
5/30/2024Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 506 Notice of Appeal (Federal Circuit). (jfm) (Entered: 05/31/2024)
5/30/2024Notification regarding 506 Notice of Appeal (Federal Circuit) sent to Reporter Warner (jfm) (Entered: 05/30/2024)
5/30/2024Notification regarding 506 Notice of Appeal (Federal Circuit) sent to Reporter Ingram (jfm) (Entered: 05/30/2024)
5/30/2024Notification regarding 506 Notice of Appeal (Federal Circuit) sent to Reporter Archer (jfm) (Entered: 05/30/2024)
5/30/2024APPEAL - Credit Card Payment received re 506 Notice of Appeal (Federal Circuit) filed by Natera, Inc.. ( Filing fee $605, receipt number ADEDC-4419362.) (Fahnestock, Derek) (Entered: 05/30/2024)
5/30/2024 NOTICE OF APPEAL to the Federal Circuit of 403 Order on Motion for Summary Judgment . Appeal filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/30/2024)
5/28/2024CORRECTING ENTRY: D.I. 501 has been deleted. Improper code was originally used at DI 501 then filed with correct code at DI 502 . D.I. 501 no longer exists. (smg) (Entered: 05/28/2024)
5/28/2024[SEALED] DECLARATION re 503 Opening Brief in Support, of Sandra L. Haberny, Ph.D. - by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/28/2024)
5/28/2024[SEALED] DECLARATION re 503 Opening Brief in Support, of Michael Akemann - by Natera, Inc.. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11)(Fahnestock, Derek) (Entered: 05/28/2024)
5/28/2024[SEALED] OPENING BRIEF in Support re 502 MOTION for Permanent Injunction - filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 6/11/2024. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3, # 4 Ex. 4, # 5 Ex. 5)(Fahnestock, Derek) (Entered: 05/28/2024)
5/28/2024[SEALED] MOTION for Permanent Injunction - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)(Fahnestock, Derek) (Entered: 05/28/2024)
5/20/2024REDACTED VERSION of 496 Letter by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/20/2024)
5/20/2024REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # 496 Letter. (smg) (Entered: 05/20/2024)
5/15/2024REDACTED VERSION of 493 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-8)(Farnan, Brian) (Entered: 05/15/2024)
5/13/2024NOTICE OF SERVICE of Natera, Inc.'s First Supplemental Objections and Responses to CareDx, Inc.'s First Set of Post-Trial Interrogatories (Nos. 1-3) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 05/13/2024)
5/13/2024NOTICE OF SERVICE of CareDx's Supplemental Responses and Objections to Natera's Post-Trial Interrogatories (Nos. 7-13) filed by CareDx, Inc..(Farnan, Brian) (Entered: 05/13/2024)
5/10/2024[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Reply in Support of Plaintiff Natera, Inc.'s Motion to Compel Discovery. (Fahnestock, Derek) (Entered: 05/10/2024)
5/9/2024REDACTED VERSION of 491 Letter, by Natera, Inc.. (Attachments: # 1 Ex. 1 - CareDx's Posttrial RFP Resps, # 2 Ex. 2 - CareDx's Posttrial Rog Resps, # 3 Ex. 3 - Natera Post-Trial 30(b)(6) Depo Notice, # 4 Ex. 4 - Email from CareDx, # 5 Ex. 5 - CAREDXNA00014597, # 6 Ex. 6 - CAREDXNA10021059, # 7 Proposed Order)(Fahnestock, Derek) (Entered: 05/09/2024)
5/9/2024NOTICE OF SERVICE of CareDx's Responses and Objections to Natera's Rule 30(b)(6) Deposition Notice (Post-Trial) filed by CareDx, Inc..(Farnan, Brian) (Entered: 05/09/2024)
5/8/2024[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Plaintiff's May 2, 2024 Letter - re 491 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Brian) (Entered: 05/08/2024)
5/6/2024NOTICE: Per Magistrate Judge Burke's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs (including letter briefs), as well as any documents filed in support of such briefs (i.e., appendices, exhibits, declarations, affidavits, tutorials, etc.) and one (1) copy of any other document filed (e.g., letters and stipulations), please submit to the Clerk's Office a copy of D.I. # 491 Letter to Judge Burke. (smg) (Entered: 05/06/2024)
5/3/2024NOTICE OF SERVICE of (1) Natera, Inc.'s Objections and Responses to CareDx, Inc.'s First Set of Post-Trial Requests for Production (Nos. 1-3) and (2) Natera, Inc.'s Objections and Responses to CareDx, Inc.'s First Set of Post-Trial Interrogatories (Nos. 1-3) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 05/03/2024)
5/2/2024[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Natera, Inc.'s Motion to Compel Discovery. (Attachments: # 1 Ex. 1 - CareDx's Posttrial RFP Resps, # 2 Ex. 2 - CareDx's Posttrial Rog Resps, # 3 Ex. 3 - Natera Post-Trial 30(b)(6) Depo Notice, # 4 Ex. 4 - Email from CareDx, # 5 Ex. 5 - CAREDXNA00014597, # 6 Ex. 6 - CAREDXNA10021059, # 7 Proposed Order)(Fahnestock, Derek) (Entered: 05/02/2024)
5/2/2024Motion No Longer Referred: D.I. 487 MOTION for Judgment of Invalidity Pursuant to FRCP 52 or, in the alternative MOTION for Judgment as a Matter of Law or MOTION for New Trial . (smg) (Entered: 05/02/2024)
5/1/2024 OPENING BRIEF in Support re 489 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or New Trial Pursuant to Fed. R. Civ. P. 59 (Renewed) - filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 5/15/2024. (Attachments: # 1 Ex. 1 - DDX-3 Grskovic, # 2 Ex. 2 - DDX-2 Van Ness)(Fahnestock, Derek) (Entered: 05/01/2024)
5/1/2024 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or New Trial Pursuant to Fed. R. Civ. P. 59 (Renewed) - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/01/2024)
5/1/2024 OPENING BRIEF in Support re 487 MOTION for Judgment of Invalidity Pursuant to FRCP 52 or, in the alternative MOTION for Judgment as a Matter of Law or MOTION for New Trial filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 5/15/2024. (Farnan, Brian) (Entered: 05/01/2024)
5/1/2024 MOTION for Judgment of Invalidity Pursuant to FRCP 52 or, in the alternative, MOTION for Judgment as a Matter of Law or, MOTION for New Trial - filed by CareDx, Inc. (Farnan, Brian) Modified on 5/2/2024 (smg). (Entered: 05/01/2024)
5/1/2024 OPENING BRIEF in Support re 485 MOTION for Judgment as a Matter of Law or, in the alternative MOTION for New Trial filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 5/15/2024. (Farnan, Brian) (Entered: 05/01/2024)
5/1/2024 MOTION for Judgment as a Matter of Law or, in the alternative, MOTION for New Trial - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 05/01/2024)
5/1/2024Joint MOTION to Resolve Discovery Dispute re 482 Letter - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 05/01/2024)
5/1/2024483ORAL ORDER: The Court, having reviewed the parties' April 29, 2024 letter requesting a discovery dispute teleconference regarding one discovery dispute, (D.I. 482 ), hereby ORDERS as follows with regard to this dispute: (1) By May 2, 2024, Plaintiff shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (2) By May 8, 2024, Defendant may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (3) By May 10, 2024, Plaintiff shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (4) By May 2, 2024, the parties shall jointly file a Motion To Resolve Discovery Dispute.; and (5) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website. Ordered by Judge Christopher J. Burke on 05/01/2024. (smg) (Entered: 05/01/2024)
4/29/2024 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding request for the scheduling of a discovery conference. (Fahnestock, Derek) (Entered: 04/29/2024)
4/10/2024REDACTED VERSION of 476 Notice to Take Deposition by Natera, Inc.. (Fahnestock, Derek) (Entered: 04/10/2024)
4/4/2024NOTICE OF SERVICE of (i) CareDx's Responses and Objections to Natera's First Set of Requests for Admission (Post- Trial) (Nos. 1-5); (ii) CareDx's Responses and Objections to Natera's First Set of Interrogatories (Post-Trial) (Nos. 1-13); and (iii) CareDx's Responses and Objections to Natera's First Set of Requests for Production (Post-Trial) (Nos. 1-9) filed by CareDx, Inc..(Farnan, Brian) (Entered: 04/04/2024)
4/4/2024SO ORDERED, re 478 Stipulation and Order Regarding Post-Trial Briefing, filed by Natera, Inc. Set Briefing Schedule: Opening Briefs due 5/1/2024. Answering Briefs due 5/31/2024. Reply Briefs due 6/20/2024. Signed by Judge Colm F. Connolly on 4/4/2024. (kmd) (Entered: 04/04/2024)
4/4/2024 STIPULATION and [Proposed] Order Regarding Post-Trial Briefing - by Natera, Inc.. (Fahnestock, Derek) (Entered: 04/04/2024)
4/3/2024NOTICE OF SERVICE of (i) CareDx, Inc.'s First Set of Post-Trial Interrogatories Nos. 1-3 and (ii) CareDx, Inc.'s First Set of Post-Trial Requests for Production Nos. 1-3 filed by CareDx, Inc..(Farnan, Brian) (Entered: 04/03/2024)
4/3/2024[SEALED] NOTICE to Take Deposition of CareDx, Inc. on April 26, 2024 (Post-Trial Phase) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 04/03/2024)
3/13/2024USCA Order Terminating Appeal as to 428 Notice of Appeal (Federal Circuit) filed by Natera, Inc. USCA Decision: dismissed for failure to prosecute in accordance with the rules. (nmf) (Entered: 03/13/2024)
3/5/2024NOTICE OF SERVICE of (1) Natera's First Set of Requests for Production (Post-Trial) (Nos. 1-9); (2) Natera's First Set of Interrogatories (Post-Trial) (Nos. 1-13); and (3) Natera's First Set of Requests for Admission to CareDX (Post-Trial) (Nos. 1-5) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 03/05/2024)
2/23/2024REDACTED VERSION of 471 Stipulation by CareDx, Inc.. (Farnan, Michael) (Entered: 02/23/2024)
2/20/2024[SEALED] SO ORDERED, re 471 Stipulation filed by Natera, Inc.. Signed by Judge Colm F. Connolly on 2/20/2024.This order has been emailed to local counsel. (kmd) (Entered: 02/20/2024)
2/16/2024[SEALED] STIPULATION and [Proposed] Order by Natera, Inc.. (Fahnestock, Derek) (Entered: 02/16/2024)
2/13/2024Official Transcript of Jury Trial held on January 26, 2024 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer, Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/5/2024. Redacted Transcript Deadline set for 3/15/2024. Release of Transcript Restriction set for 5/13/2024. (nmf) (Entered: 02/13/2024)
2/13/2024Official Transcript of Jury Trial held on January 25, 2024 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer, Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/5/2024. Redacted Transcript Deadline set for 3/15/2024. Release of Transcript Restriction set for 5/13/2024. (nmf) (Entered: 02/13/2024)
2/13/2024Official Transcript of Jury Trial held on January 24, 2024 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer, Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/5/2024. Redacted Transcript Deadline set for 3/15/2024. Release of Transcript Restriction set for 5/13/2024. (nmf) (Entered: 02/13/2024)
2/13/2024Official Transcript of Jury Trial held on January 23, 2024 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer,Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/5/2024. Redacted Transcript Deadline set for 3/15/2024. Release of Transcript Restriction set for 5/13/2024. (nmf) (Entered: 02/13/2024)
2/13/2024Official Transcript of Jury Trial held on January 22, 2024 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer, Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/5/2024. Redacted Transcript Deadline set for 3/15/2024. Release of Transcript Restriction set for 5/13/2024. (nmf) (Entered: 02/13/2024)
1/29/2024ORAL ORDER GRANTING-IN-PART and DENYING IN PART D.I. 243 MOTION to Preclude Expert Testimony filed by CareDx, Inc. for the reasons stated on the record. ORAL ORDER DENYING D.I. 257 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper filed by Natera, Inc. for the reasons stated on the record. Ordered by Judge Colm F. Connolly on 1/29/2024. (nmf) (Entered: 01/29/2024)
1/26/2024Admitted Exhibit Lists. (kmd) (Entered: 01/29/2024)
1/26/2024[SEALED] Jury Notes. (kmd) (Entered: 01/29/2024)
1/26/2024[SEALED] Jury Attendance List. (kmd) (Entered: 01/29/2024)
1/26/2024PHASE II JURY VERDICT. (kmd) (Entered: 01/29/2024)
1/26/2024[SEALED] PHASE II JURY VERDICT. (kmd) (Entered: 01/29/2024)
1/26/2024PHASE I JURY VERDICT. (kmd) (Entered: 01/29/2024)
1/26/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial (DAY 5) completed on 1/26/2024. (Court Reporter B. Archer.) (kmd) (Entered: 01/29/2024)
1/26/2024Proposed Jury Instructions by Natera, Inc. - Final Jury Instructions (Phase II) -. (Fahnestock, Derek) (Entered: 01/26/2024)
1/26/2024 OPENING BRIEF in Support re 456 MOTION for Judgment as a Matter of Law - Phase 2 filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 2/9/2024. (Farnan, Brian) (Entered: 01/26/2024)
1/26/2024 MOTION for Judgment as a Matter of Law - Phase 2 - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 01/26/2024)
1/25/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial held on 1/25/2024. (Court Reporter Bonnie Archer.)(DAY 4) (nmf) (Entered: 01/26/2024)
1/25/2024Proposed Jury Instructions by Natera, Inc. (Final Jury Instructions - Phase 1). (Fahnestock, Derek) (Entered: 01/25/2024)
1/25/2024VERDICT SHEET by Natera, Inc. (Phase 1). (Fahnestock, Derek) (Entered: 01/25/2024)
1/25/2024 OPENING BRIEF in Support re 452 MOTION for Judgment as a Matter of Law filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 2/8/2024. (Farnan, Brian) (Entered: 01/25/2024)
1/25/2024 MOTION for Judgment as a Matter of Law - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 01/25/2024)
1/25/2024 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(a) - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 01/25/2024)
1/25/2024Proposed Jury Instructions by Natera, Inc. --[Proposed] Final Jury Instructions (Phase I)--. (Fahnestock, Derek) (Entered: 01/25/2024)
1/25/2024CORRECTING ENTRY: The letter and proposed verdict sheet previously filed at D.I. 450 has been deleted per request of filer as this letter and proposed verdict sheet had already been filed. (nmf) (Entered: 01/25/2024)
1/25/2024 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding updated verdict form. (Fahnestock, Derek) (Entered: 01/25/2024)
1/25/2024VERDICT SHEET by Natera, Inc. . (Fahnestock, Derek) (Entered: 01/25/2024)
1/25/2024[SEALED] STATEMENT re 426 Proposed Pretrial Order,,, Joint Statement of Uncontested Facts by CareDx, Inc.. (Attachments: # 1 Letter to The Honorable Colm F. Connolly)(Farnan, Brian) (Entered: 01/25/2024)
1/24/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial (DAY 3) held on 1/24/2024. (Court Reporter B. Archer.) (kmd) (Entered: 01/25/2024)
1/24/2024VERDICT SHEET by Natera, Inc. --Joint Revised [Proposed] Verdict Form (Phase I)--. (Fahnestock, Derek) (Entered: 01/24/2024)
1/23/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial (DAY 2) held on 1/23/2024. (Court Reporter B. Archer.) (kmd) (Entered: 01/24/2024)
1/22/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial (DAY 1) held on 1/22/2024. (Court Reporter B. Archer.) (kmd) (Entered: 01/23/2024)
1/22/2024Proposed Jury Instructions by Natera, Inc. --[Proposed] Revised Preliminary Jury Instructions (Phase II)--. (Fahnestock, Derek) (Entered: 01/22/2024)
1/21/2024 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Section 101 Issues - re 443 Letter. (Attachments: # 1 [Natera's Revised Proposed] Verdict Form)(Fahnestock, Derek) (Entered: 01/21/2024)
1/19/2024 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Section 101 Issues. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 01/19/2024)
1/18/2024SO ORDERED, re 441 MOTION for Pro Hac Vice Appearance of Attorney Jocelyn Ma and Andrew E. Naravage, filed by Natera, Inc. Ordered by Judge Colm F. Connolly on 1/18/2024. (kmd) (Entered: 01/18/2024)
1/18/2024442Pro Hac Vice Fee - Credit Card Payment received for Jocelyn Ma and Andrew E. Naravage. ( re 441 MOTION for Pro Hac Vice Appearance of Attorney Jocelyn Ma and Andrew E. Naravage )( Payment of $ 100, receipt number ADEDC-4317736).(Fahnestock, Derek) (Entered: 01/18/2024)
1/18/2024MOTION for Pro Hac Vice Appearance of Attorney Jocelyn Ma and Andrew E. Naravage - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 01/18/2024)
1/18/2024ORAL ORDER: In light of the weather forecast, the jury selection that was originally scheduled to take place on Friday, January 19, 2024, will now be held on Monday, January 22, 2024 at 9:30 a.m. In the event the Court is closed tomorrow, courtroom setup will occur at 8:30 a.m. Monday morning and the oral argument on the pending Daubert motions will occur during a break in the trial. In the event the court opens late tomorrow, courtroom setup will begin upon the opening of the Court and the oral argument will begin one hour later. Ordered by Judge Colm F. Connolly 1/18/2024. (nmf) (Entered: 01/18/2024)
1/18/2024Proposed Jury Instructions by Natera, Inc. --[Proposed] Revised Preliminary Jury Instructions (Phase II)--. (Fahnestock, Derek) (Entered: 01/18/2024)
1/18/2024Proposed Jury Instructions by Natera, Inc. --Joint Proposed Revised Preliminary Jury Instructions (Phase I)--. (Fahnestock, Derek) (Entered: 01/18/2024)
1/18/2024Proposed Voir Dire by Natera, Inc.. (Fahnestock, Derek) (Entered: 01/18/2024)
1/16/2024REDACTED VERSION of 427 Proposed Pretrial Order, by Natera, Inc.. (Attachments: # 1 Exhibits 15-19)(Fahnestock, Derek) (Entered: 01/16/2024)
1/16/2024REDACTED VERSION of 426 Proposed Pretrial Order,,, by Natera, Inc.. (Attachments: # 1 Exhibits 1-14)(Fahnestock, Derek) (Entered: 01/16/2024)
1/16/2024ORDER granting 434 Unopposed MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices. Signed by Judge Colm F. Connolly on 1/16/2024. (kmd) (Entered: 01/16/2024)
1/16/2024Motion No Longer Referred to Judge Burke: 434 Unopposed MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices (dlb) (Entered: 01/16/2024)
1/16/2024Unopposed MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/16/2024)
1/16/2024SO ORDERED, re 432 Unopposed MOTION for Limited Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 1/16/2024. (kmd) (Entered: 01/16/2024)
1/16/2024Motion No Longer Referred to Judge Burke: 432 Unopposed MOTION for Limited Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices (dlb) (Entered: 01/16/2024)
1/16/2024Unopposed MOTION for Limited Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 01/16/2024)
1/12/2024NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 428 Notice of Appeal (Federal Circuit) filed by Natera, Inc. USCA Case Number 2024-1357. (kmd) (Entered: 01/12/2024)
1/12/2024[SEALED] SO ORDERED, re 397 Stipulation filed by Natera, Inc. Signed by Judge Colm F. Connolly on 1/12/2024.This order has been emailed to local counsel. (kmd) (Entered: 01/12/2024)
1/12/2024Official Transcript of Pretrial Conference held on January 11, 2024 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer, Email: Bonnie_Archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/2/2024. Redacted Transcript Deadline set for 2/12/2024. Release of Transcript Restriction set for 4/11/2024. (nmf) (Entered: 01/12/2024)
1/12/2024ORAL ORDER: On or before January 18, 2024 at noon, the parties shall jointly submit a glossary of terms and names for the court reporter. Ordered by Judge Colm F. Connolly on 1/12/2024. (nmf) (Entered: 01/12/2024)
1/12/2024ORAL ORDER: The revised proposed pretrial order (D.I. 426 and D.I. 427 ) is ADOPTED as modified by the discussion and the Court's rulings at the Pretrial Conference. Ordered by Judge Colm F. Connolly on 1/12/2024. (nmf) (Entered: 01/12/2024)
1/11/2024Minute Entry for proceedings held before Judge Colm F. Connolly - Final Pretrial Conference held on 1/11/2024. (Court Reporter Bonnie Archer.) (nmf) (Entered: 01/12/2024)
1/11/2024Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 428 Notice of Appeal (Federal Circuit). (mpb) (Entered: 01/11/2024)
1/11/2024Notification regarding D.I. 428 Notice of Appeal (Federal Circuit) sent to Reporter Warner (mpb) (Entered: 01/11/2024)
1/11/2024Notification regarding D.I. 428 Notice of Appeal (Federal Circuit) sent to Reporter Archer (mpb) (Entered: 01/11/2024)
1/10/2024APPEAL - Credit Card Payment received re 428 Notice of Appeal (Federal Circuit) filed by Natera, Inc.. ( Filing fee $605, receipt number ADEDC-4311886.) (Fahnestock, Derek) (Entered: 01/10/2024)
1/10/2024 NOTICE OF APPEAL to the Federal Circuit of 403 Order on Motion for Summary Judgment . Appeal filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 01/10/2024)
1/9/2024[SEALED] Proposed Pretrial Order (Revised - Volume 2 of 2) by Natera, Inc.. (Attachments: # 1 Ex. 15 - Natera's MIL 2, # 2 Ex. 16 - Natera's MIL 3, # 3 Ex. 17 - CareDx's MIL No. 1, # 4 Ex. 18 - CareDx's MIL No. 2, # 5 Ex. 19 - CareDx's MIL No. 3)(Fahnestock, Derek) (Entered: 01/09/2024)
1/9/2024[SEALED] Proposed Pretrial Order (Revised - Volume 1 of 2) by Natera, Inc.. (Attachments: # 1 Ex. 1 - Prel. Joint Statement of Uncontested Facts, # 2 Ex. 2 - Natera's Statement of Contested Facts, # 3 Ex. 3 - CareDx's Statement of Contested Issues of Fact, # 4 Ex. 4 - Natera's Statement of Contested Law, # 5 Ex. 5 - CareDx's Statement of Contested Issues of Law, # 6 Ex. 6 - Natera's Statement of Intended Proofs, # 7 Ex. 7 - CareDx's Brief Statement of Intended Proof, # 8 Ex. 8 - Natera's Witness List, # 9 Ex. 9 - CareDx's Witness List, # 10 Ex. 10 - Natera's Deposition Designations, # 11 Ex. 11 - CareDx's Deposition Designations, # 12 Ex. 12 - Natera's Trial Exhibit List, # 13 Ex. 13 - CareDx's Trial Exhibit List, # 14 Ex. 14 - Natera's MIL 1)(Fahnestock, Derek) (Entered: 01/09/2024)
1/8/2024ORAL ORDER: The parties' motions for exemptions from the Court's May 15, 2023 Standing Order regarding electronic devices (D.I. 424 ; D.I. 425 ) are DENIED. Each party may designate no more than three individuals for whom it seeks an exemption from the Standing Order. For each individual, the party shall state in its application for an exemption why that individual requires the use of an electronic device in the Courthouse. Ordered by Judge Colm F. Connolly on 1/8/2024. (nmf) (Entered: 01/08/2024)
1/8/2024Motion No Longer Referred: 425 MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices (dlb) (Entered: 01/08/2024)
1/8/2024 MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/08/2024)
1/8/2024Motion No Longer Referred to Judge Burke: 424 MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices (dlb) (Entered: 01/08/2024)
1/8/2024 MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 01/08/2024)
1/5/2024Joint Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding case-narrowing meet and confer. (Fahnestock, Derek) (Entered: 01/05/2024)
1/4/2024SO ORDERED, re 420 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bramhall and Valerie Lozano, filed by Natera, Inc. Ordered by Judge Colm F. Connolly on 1/4/2024. (kmd) (Entered: 01/04/2024)
1/3/2024422Pro Hac Vice Fee - Credit Card Payment received for Valerie Lozano. ( re 420 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bramhall and Valerie Lozano )( Payment of $ 50, receipt number ADEDC-4305226).(Fahnestock, Derek) (Entered: 01/03/2024)
1/3/2024421Pro Hac Vice Fee - Credit Card Payment received for Andrew J. Bramhall. ( re 420 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bramhall and Valerie Lozano )( Payment of $ 50, receipt number ADEDC-4305218).(Fahnestock, Derek) (Entered: 01/03/2024)
1/3/2024MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bramhall and Valerie Lozano - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 01/03/2024)
1/2/2024Pro Hac Vice Attorneys Concord Cheung, August M. Melcher, and Nate Ngerebara for CareDx, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 01/02/2024)
12/28/2023SO ORDERED, re 406 MOTION for Pro Hac Vice Appearance of Attorney Tara Srinivasan, Ph.D. filed by Natera, Inc., 405 MOTION for Pro Hac Vice Appearance of Attorney Nate Ngerebara, August Melcher, and Concord Cheung filed by CareDx, Inc. Signed by Judge Colm F. Connolly on 12/28/2023. (nmf) (Entered: 12/28/2023)
12/21/2023ORDER re 414 Proposed Pretrial Order. 1. The Joint [Proposed] Final Pretrial Order (D.I. 414 ) is STRUCK; 2. The parties shall meet and confer no later than January 4, 2024 about how the case shall be tried and the disputed issues to be tried can be narrowed. Lead trial counsel and Delaware counsel shall participate in the meet and confer. On January 5, 2024, the parties shall file with the court letters that detail who participated in the meet and confer, how long the meet and confer lasted, what specific topics were discussed, and what agreements were reached. 3. The parties shall file and provide two hard copies by hand-delivery of a revised proposed Pretrial Order no later than January 9, 2024. Signed by Judge Colm F. Connolly on 12/21/2023. (nmf) (Entered: 12/21/2023)
12/19/2023REDACTED VERSION of 414 Proposed Pretrial Order,,,, by Natera, Inc.. (Attachments: # 1 Exhibits 1-13, # 2 Exhibits 14-19)(Fahnestock, Derek) (Entered: 12/19/2023)
12/19/2023NOTICE to Take Deposition of CareDx, Inc. on December 21, 2023 (supplemental) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/19/2023)
12/15/2023ORAL ORDER Setting Hearings: Jury Selection for the 1/22/2024 Jury Trial will be held on the Friday before Trial, 1/19/2024 at 9:30 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 12/15/2023. (nmf) (Entered: 12/15/2023)
12/13/2023ORDER denying 237 CareDx's Motion #3 for Summary Judgment that the #724 and #544 Patents are Invalid for Lack of Written Description; denying 240 CareDx's Motion #4 for Summary Judgment that Natera's #724 and #544 Patents are Not Entitled to the Benefit of the #882 and #610 Provisionals; denying 254 CareDx's Motion #5 for Summary Judgment of No Ongoing Infringement. Signed by Judge Colm F. Connolly on 12/13/2023. (nmf) (Entered: 12/13/2023)
12/13/2023ORDER denying 260 MOTION for Summary Judgment # 2 that Natera's '180 Patent is Invalid for Lack of Written Description. Signed by Judge Colm F. Connolly on 12/13/2023. (nmf) (Entered: 12/13/2023)
12/13/2023CORRECTING ENTRY: The pdf of Exhibit 13 to the Sealed Proposed Pretrial Order at D.I. 414 has been replaced with a corrected version per request of filer. (nmf) (Entered: 12/13/2023)
12/12/2023THIS HAS BEEN STRUCK. SEE D.I. 419 . [SEALED] Proposed Pretrial Order (Joint) by Natera, Inc. (Attachments: # 1 Ex. 1 - Prel. Joint Statement of Uncontested Facts, # 2 Ex. 2 - Natera's Statement of Contested Facts, # 3 Ex. 3 - CareDx's Statement of Contested Issues of Fact, # 4 Ex. 4 - Natera's Statement of Contested Law, # 5 Ex. 5 - CareDx's Statement of Contested Issues of Law, # 6 Ex. 6 - Natera's Statement of Intended Proofs, # 7 Ex. 7 - CareDx's Brief Statement of Intended Proof, # 8 Ex. 8 - Natera's Witness List, # 9 Ex. 9 - CareDx's Witness List, # 10 Ex. 10 - Natera's Deposition Designations, # 11 Ex. 11 - CareDx's Deposition Designations, # 12 Ex. 12 - Natera's Trial Exhibit List, # 13 Ex. 13 - CareDx's Trial Exhibit List, # 14 Ex. 14 - Natera's MIL 1, # 15 Ex. 15 - Natera's MIL 2, # 16 Ex. 16 - Natera's MIL 3, # 17 Ex. 17 - CareDx's MIL No. 1, # 18 Ex. 18 - CareDx's MIL No. 2, # 19 Ex. 19 - CareDx's MIL No. 3)(Fahnestock, Derek) (Attachment 13 replaced on 12/13/2023) (nmf, ). Modified on 12/21/2023 (nmf, ). (Entered: 12/12/2023)
12/12/2023Proposed Voir Dire by Natera, Inc.. (Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023Proposed Jury Instructions by Natera, Inc. -- Final Jury Instructions (Phase 2). (Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023Proposed Jury Instructions by Natera, Inc. -- Preliminary Jury Instructions (Phase 2). (Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023Proposed Jury Instructions by Natera, Inc. -- Final Jury Instructions (Phase 1). (Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023Proposed Jury Instructions by Natera, Inc. -- Preliminary Jury Instructions (Phase 1). (Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023VERDICT SHEET by Natera, Inc. . (Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023VERDICT SHEET by CareDx, Inc. . (Farnan, Brian) (Entered: 12/12/2023)
12/12/2023MOTION for Pro Hac Vice Appearance of Attorney Tara Srinivasan, Ph.D. - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 12/12/2023)
12/12/2023MOTION for Pro Hac Vice Appearance of Attorney Nate Ngerebara, August Melcher, and Concord Cheung - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 12/12/2023)
12/11/2023ORDER denying 252 Motion for Summary Judgment #2 of Infringement of the #180 Patent by Defendant's Accused Products. Signed by Judge Colm F. Connolly on 12/11/2023. (nmf) (Entered: 12/11/2023)
12/11/2023ORDER granting in part and denying in part 249 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 12/11/2023. (nmf) (Entered: 12/11/2023)
12/11/2023MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 12/11/2023. (nmf) (Entered: 12/11/2023)
12/11/2023MEMORANDUM ORDER denying 246 MOTION for Summary Judgment of Infringement of the '724 and '544 Patents by Defendants Accused Products filed by Natera, Inc. Signed by Judge Colm F. Connolly on 12/11/2023. (nmf) (Entered: 12/11/2023)
12/6/2023SO ORDERED, re 399 STIPULATION TO EXTEND TIME to submit a Joint Pretrial Order to December 12, 2023, filed by Natera, Inc. Reset Scheduling Order Deadlines: Proposed Pretrial Order due by 12/12/2023. Signed by Judge Colm F. Connolly on 12/6/2023. (kmd) (Entered: 12/06/2023)
12/6/2023 STIPULATION TO EXTEND TIME to submit a Joint Pretrial Order to December 12, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 12/06/2023)
12/6/2023REDACTED VERSION of 397 Stipulation by Natera, Inc.. (Fahnestock, Derek) (Entered: 12/06/2023)
11/28/2023[SEALED] STIPULATION and [Proposed] Order - by Natera, Inc.. (Fahnestock, Derek) (Entered: 11/28/2023)
10/30/2023Official Transcript of Motion to Strike held on 10/23/23 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/20/2023. Redacted Transcript Deadline set for 11/30/2023. Release of Transcript Restriction set for 1/29/2024. (Warner, Deanna) (Entered: 10/30/2023)
10/24/2023Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing on motion to strike, (D.I. 305), held via videoconference on 10/23/2023. The Court heard from the parties regarding their agreement with respect to the motion. The Court suggested that the parties further meet and confer and submit a stipulation to the District Court. (Clerk: M. Crawford) (Court Reporter Deanna Warner) Appearances: D. Fahnestock and J. Nardinelli for Plaintiff; B. Farnan and E. Reines for Defendant.(dlb) (Entered: 10/24/2023)
10/20/2023395ORAL ORDER: On Monday's videoconference regarding Plaintiff's Motion to Strike, (D.I. 305), the parties should be prepared to explain to the Court their views about whether, to the extent that it is not practicable to address Defendant's design around at the January 2024 trial (including assessing a summary judgment motion on the subject prior to that trial, and/or allowing for discovery and claim construction arguments related to the design around to be completed pre-trial), but to the extent the Court does not believe that any such evidence regarding the design around should be stricken from the case, how would the parties propose that the issue eventually be dealt with by the Court? Would another jury trial be needed, or could the issue (if necessary) be disposed of in other ways? If the latter, via what other means? It would be helpful if the parties could meet and confer about this before Monday's videoconference, in an attempt to come to an agreement as to what this means would look like, if the Court went in that direction with its ruling. Ordered by Judge Christopher J. Burke on 10/20/23. (mlc) (Entered: 10/20/2023)
10/16/2023394ORAL ORDER: The Court, having reviewed Plaintiff's motion to strike certain invalidity opinions of Dr. Brian Van Ness, (the "Motion"), (D.I. 234 ), and the parties' letter briefs relating thereto, (D.I. 235; D.I. 273; D.I. 302), having heard argument on October 2, 2023, and having considered Federal Rules of Civil Procedure 26(e)(1) and 37(c)(1), hereby ORDERS as follows: (1) With the Motion, Plaintiff seeks to strike certain paragraphs of Dr. Van Ness' opening expert report on invalidity, in which he purportedly asserts new obviousness combinations and references that Defendant did not include in its Court-ordered narrowed set of 57 invalidity arguments. (D.I. 235 at 1) The paragraphs at issue involve 10 purportedly "new" references. (Id.); (2) However, the 10 references are not "new" to Plaintiff. The challenged references were all disclosed in some way in Defendant's final invalidity contentions (served in January 2023) and its supplemental final invalidity contentions (served in March 2023). (D.I. 273 at 1 & exs. 1-2) And to the extent their relevance was described in those disclosures, the description therein seems to align with how Dr. Van Ness discusses the references in his challenged report. (Compare D.I. 235, ex. A, with D.I. 273, ex. 2) So the Court will not strike the paragraphs at issue on the ground that they were never previously fairly disclosed to Plaintiff. Instead, the real issue here is whether Dr. Van Ness intends to rely on the references in a manner that would contravene the Court's case narrowing order. (See D.I. 219) If he does, then the testimony at issue cannot be permitted; if he does not, then there is nothing to strike.; (3) As the Court explained to the parties during the argument, it would contravene the case narrowing order were Dr. Van Ness to use one of these 10 references to "disclose claim elements missing from [] other references." (D.I. 235 at 2) However, were Dr. Van Ness simply using the reference as part of a discussion of relevant "background about the technology and state of the art at the time of the purported invention[,]" (D.I. 273 at 1 (citing Arisoa Diagnostics v. Verinata Health, Inc., 805 F.3d 1359, 1365 (Fed. Cir. 2015)), then there would be no violation.; (4) The difficulty for the Court is that it cannot easily tell, based on the text of the paragraphs at issue, how Dr. Van Ness intends to make use of these references at trial. There are some portions of the paragraphs at issue where it does appear that Dr. Van Ness is essentially saying: "The claim calls for X and this reference discloses X, so it meets that claim limitation" -- if Dr. Van Ness attempted to do that at trial, his testimony should be stricken. (See, e.g., D.I. 235, ex. A at 420-22 (Dr. Van Ness noting that claim 15 of the asserted patent at issue describes "determining a bias of the PCR amplification, and using the bias to statistically correct the determined quantity of each allele at the plurality of SNP loci on the one or more chromosomes expected to be disomic before the quantity of each allele is used to determine the amount of the DNA from the genetically distinct individual[,]" and then in describing the Ghosh reference Dr. Van Ness states that "Ghosh teaches determining a bias of the PCR amplification and using the bias as an input to statistically correct the determined quantity of each allele at the plurality of SNP loci.")) But the line between doing this and simply calling on the reference to help explain why a concept was not unfamiliar or unusual in the art at the relevant time is a fine one. And in his reply expert report, Dr. Van Ness suggests he only means to do the latter. (D.I. 273, ex. 4); and (5) In the end, the Court will DENY the Motion, for now, without prejudice to Plaintiff's ability to re-raise the issue with the District Judge prior to or at trial, if Plaintiff believes that Dr. Van Ness is attempting to use the references at issue in his testimony in a manner prohibited by this Order. Cf. TQ Delta, LLC v. ADTRAN, Inc., Civil Action No. 14-954-RGA, Civil Action No. 15-121-RGA, 2019 WL 4346530, at *4 (D. Del. Sept. 12, 2019). Ordered by Judge Christopher J. Burke on 10/16/2023. (mlc) (Entered: 10/16/2023)
10/10/2023Official Transcript of Motion to Strike held on 10/2/23 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/31/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/8/2024. (Warner, Deanna) (Entered: 10/10/2023)
10/6/2023392ORAL ORDER: The Court, having reviewed Plaintiff's motion to strike certain opinions of Dr. Brian Van Ness and Mr. Brian Napper, (the "Motion"), (D.I. 232 ), the parties' letter briefs relating thereto, (D.I. 233; D.I. 274; D.I. 301), having heard argument on October 2, 2023, and having considered Federal Rules of Civil Procedure 26(e)(1) and 37(c)(1), hereby GRANTS the remaining pending portion of the Motion, via which Plaintiff requests that the Court strike references to a new purported non-infringing alternative ("NIA"), for the reasons that follow: (1) Defendant makes no attempt to demonstrate that it timely disclosed the NIA. Instead, in its briefing, it moved straight to an analysis of the Pennypack factors. (D.I. 274 at 5) So there can be no doubt that the opinions at issue relating to the NIA are untimely.; (2) In assessing the Pennypack factors, the Court again notes that it has to be mindful that "exclusion of critical evidence is an extreme sanction, not normally to be imposed absent a showing of willful deception or flagrant disregard of a court order by the proponent of the evidence." In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 791-92 (3d Cir. 1994) (internal quotation marks and citations omitted). Nevertheless, while "the Pennypack factors may be very forgiving, they are not a sieve." Guardant Health, Inc. v. Found. Med., Inc., Civil Action No. 17-1616-LPS-CJB, (D.I. 423) (D. Del. Apr. 28, 2020). The Court begins with the second and third Pennypack factors. Because Plaintiff waited two months after receiving Dr. Van Ness' June 12, 2023 report before filing the instant Motion, the proper inquiry is whether any prejudice could have been cured between mid-June 2023 and the upcoming January 2024 trial. Plaintiff contends that, had it earlier learned of the NIA, it would have sought discovery to uncover the facts relating to the NIA, such as how long it would have taken to implement, how costly that process would have been, whether the NIA-related process would have differed from the accused process, and other issues relating to the feasibility of the change. (D.I. 233 at 4) And in support, Plaintiff cites to portions of its expert's report, which explains these areas of inquiry, and allows the Court to understand that the discovery at issue would have been more than de minimis. (Id. (citing id., ex. J at paras. 126-28)) While it is difficult for the Court to know precisely how long such discovery would have taken to complete (and thus how much of the relevant seven-month window it might have occupied), it is at least possible that even had Plaintiff started the discovery process in mid-June or shortly thereafter, the pre-trial process would have been thrown off track. Thus, the second and third factors slightly favor Plaintiff or (at best for Defendant) are neutral. The remaining factors all go Plaintiff's way. The first Pennypack factor, which considers surprise or prejudice, would clearly favor Plaintiff. It is undoubtedly surprising and prejudicial when a party springs a new theory in the middle of expert discovery without any prior hint that it might do so. With respect to the fourth Pennypack factor, it at least slightly favors Plaintiff. While the Court would not use the term "bad faith" to describe this late disclosure, the circumstances here do seem to get closer to the "flagrant disregard" of Defendant's discovery obligations. In re Paoli R.R. Yard PCB Litig., 35 F.3d at 791-92. That is because in its briefing, as noted above, Defendant made absolutely no effort to explain why it did not earlier disclose the NIA at issue. The Court cannot countenance a world where, for no good reason at all, parties simply wait until middle of expert discovery to disclose new theories. The fifth Pennypack factor also goes Plaintiff's way, or at best for Defendant is neutral. While Defendant argues that this factor strongly weighs against exclusion because it has since successfully implemented the NIA at issue, offering clear evidence of its viability, (D.I. 274 at 5), the lateness and vagueness of the disclosure suggests that it may not be so critical, (D.I. 233 at 4). Moreover, Defendant appears to have identified many other NIAs in its interrogatory responses. (Id., ex. F at 11-16) Thus, taken together, the Pennypack factors support a grant of Plaintiff's Motion.; (3) For these reasons, the Court hereby STRIKES paragraphs 315-17 of Dr. Van Ness' rebuttal report and paragraph 110 of Mr. Napper's rebuttal report. Ordered by Judge Christopher J. Burke on 10/6/2023. (mlc) (Entered: 10/06/2023)
10/6/2023Official Transcript of Discovery Conference held on 9/6/23 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (Warner, Deanna) (Entered: 10/06/2023)
10/4/2023390ORAL ORDER: The Court, having reviewed Plaintiff's motion to strike certain opinions of Dr. Brian Van Ness and Mr. Brian Napper, (the "Motion"), (D.I. 232), and the parties' letter briefs relating thereto, (D.I. 233; D.I. 274; D.I. 301), having heard argument on October 2, 2023, and having considered Federal Rules of Civil Procedure 26(e)(1) and 37(c)(1), hereby ORDERS as follows: (1) With respect to Plaintiff's request that the Court strike portions of Dr. Van Ness' deposition testimony regarding an allegedly new non-infringement theory pertaining to the 724 and 544 patents, (D.I. 233 at 1-2), the Court DENIES the request as moot in light of Defendant's representation during argument that none of its experts will put forward the theory at issue during trial.; (2) With respect to Plaintiff's request that the Court strike portions of Dr. Van Ness' report regarding an allegedly new non-infringement theory pertaining to the 180 patent (the "180 patent theory"), (id.), the Court DENIES the request for the following reasons: (a) The Court agrees with Plaintiff that the 180 patent theory was untimely raised. The theory relates to an assertion that Defendant's accused product does not practice element 14(b) of the 180 patent. (Id., ex. A at paras. 188-92) Defendant, in claiming that it earlier timely disclosed this theory, points to its supplemental response to Plaintiff's Interrogatory No. 2, but this response relates to a different claim element of claim 14. (D.I. 274, ex. 1 at 10-11; see also D.I. 301 at 1); (b) However, while the 180 patent theory is untimely, application of the Pennypack factors to the unique circumstances at play here do not warrant striking the relevant portions of Dr. Van Ness' report. At the outset, the Court has to be mindful of the Third Circuit's guidance that "[e]xclusion of critical evidence is an extreme sanction, not normally to be imposed absent a showing of willful deception or flagrant disregard of a court order by the proponent of the evidence." In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 791-92 (3d Cir. 1994) (internal quotation marks and citations omitted). The first Pennypack factor, which considers surprise or prejudice, would go Plaintiff's way, as Plaintiff would rightly have been surprised to learn of the 180 patent theory when it saw the theory for the first time in Dr. Van Ness' report. With respect to the second and third Pennypack factors (regarding the potential for cure and whether cure would disrupt an orderly and efficient trial process), these favor Defendant's position. Because Plaintiff waited two months after receiving Dr. Van Ness' June 12, 2023 report before filing the instant Motion, the proper inquiry is whether any prejudice could have been cured between mid-June 2023 and the upcoming January 2024 trial. Plaintiff contends that, had it earlier learned of the 180 patent theory, it would have sought "documents and testimony" regarding the accused products' measurement of allele counts during and after sequencing. (D.I. 233 at 1-2) But importantly, Plaintiff failed to provide the Court with any further specifics as to what such "documents and testimony" would likely include, nor did it provide any explanation about why that discovery could not have been responsibly accomplished during the relevant seven-month window. Plaintiff bears the burden to demonstrate that its Motion should be granted; with it having failed to flesh out this key issue, factors two and three do not support its request. With respect to the fourth Pennypack factor, it too favors Defendant, as there is no strong indication that Defendant's failure to earlier disclose the 180 patent theory was the product of bad faith or willful disregard of the rules. Lastly, the fifth Pennypack factor (relating to the importance of the evidence) also supports Defendant's position. Even Plaintiff confirmed during Dr. Van Ness' deposition that this is the expert's "one and only" non-infringement theory with respect to claim element 14(b). (D.I. 274, ex. 2 at 213-14) Accordingly, nearly all of the Pennypack factors militate against the "extreme sanction" called for by Plaintiff's Motion.; (3) The Court expects the parties to work together cooperatively regarding any additional discovery Plaintiff needs as to the 180 patent theory and how such discovery can be completed before trial.; and (4) The Court will issue a separate order resolving the remaining portion of the Motion relating to Defendant's allegedly newly raised non-infringing alternative. Ordered by Judge Christopher J. Burke on 10/4/2023. (mlc) (Entered: 10/04/2023)
10/2/2023Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing on motions to strike, (D.I. 232; D.I. 234), held via videoconference on 10/2/2023. The Court heard the parties' arguments regarding the motions. The Court took the motions under advisement. (Clerk, M. Crawford) Appearances: D. Fahnestock, S. Haberny and J. Nardinelli for Plaintiff; B. Farnan and D. Walter for Defendant. (Court Reporter Deanna Warner) (dlb) (Entered: 10/03/2023)
10/2/2023REDACTED VERSION of 371 Declaration,,, by Natera, Inc.. (Attachments: # 1 Exhibit DDDDD, # 2 Exhibit EEEEE, # 3 Exhibit FFFFF, # 4 Exhibit GGGGG, # 5 Exhibit HHHHH, # 6 Exhibit IIIII, # 7 Exhibit JJJJJ, # 8 Exhibit KKKKK, # 9 Exhibit LLLLL, # 10 Exhibit MMMMM, # 11 Exhibit NNNNN, # 12 Exhibit OOOOO, # 13 Exhibit PPPPP, # 14 Exhibit QQQQQ, # 15 Exhibit RRRRR, # 16 Exhibit SSSSS, # 17 Exhibit TTTTT, # 18 Exhibit UUUUU, # 19 Exhibit VVVVV, # 20 Exhibit WWWWW, # 21 Exhibit XXXXX, # 22 Exhibit YYYYY, # 23 Exhibit ZZZZZ, # 24 Exhibit AAAAAA, # 25 Exhibit BBBBBB, # 26 Exhibit CCCCCC, # 27 Exhibit DDDDDD, # 28 Exhibit EEEEEE, # 29 Exhibit FFFFFF, # 30 Exhibit GGGGGG, # 31 Exhibit HHHHHH, # 32 Exhibit IIIIII, # 33 Exhibit JJJJJJ, # 34 Exhibit KKKKKK)(Fahnestock, Derek) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 370 Reply Brief by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 369 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 366 Reply Brief by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 364 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 362 Reply Brief by Natera, Inc.. (Fahnestock, Derek) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 368 Statement by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 367 Reply Brief by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 365 Statement, by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 363 Reply Brief, by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 361 Statement, by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 360 Reply Brief by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 359 Statement, by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 358 Reply Brief by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 357 Statement, by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 356 Reply Brief by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
10/2/2023REDACTED VERSION of 355 Reply Brief by CareDx, Inc.. (Farnan, Brian) (Entered: 10/02/2023)
9/27/2023REDACTED VERSION of 352 Letter, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/27/2023)
9/25/2023[SEALED] DECLARATION re 362 Reply Brief, 370 Reply Brief, 366 Reply Brief by Natera, Inc.. (Attachments: # 1 Ex. DDDDD, # 2 Ex. EEEEE, # 3 Ex. FFFFF, # 4 Ex. GGGGG, # 5 Ex. HHHHH, # 6 Ex. IIIII, # 7 Ex. JJJJJ, # 8 Ex. KKKKK, # 9 Ex. LLLLL, # 10 Ex. MMMMM, # 11 Ex. NNNNN, # 12 Ex. OOOOO, # 13 Ex. PPPPP, # 14 Ex. QQQQQ, # 15 Ex. RRRRR, # 16 Ex. SSSSS, # 17 Ex. TTTTT, # 18 Ex. UUUUU, # 19 Ex. VVVVV, # 20 Ex. WWWWW, # 21 Ex. XXXXX, # 22 Ex. YYYYY, # 23 Ex. ZZZZZ, # 24 Ex. AAAAAA, # 25 Ex. BBBBBB, # 26 Ex. CCCCCC, # 27 Ex. DDDDDD, # 28 Ex. EEEEEE, # 29 Ex. FFFFFF, # 30 Ex. GGGGGG, # 31 Ex. HHHHHH, # 32 Ex. IIIIII, # 33 Ex. JJJJJJ, # 34 Ex. KKKKKK)(Fahnestock, Derek) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 257 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 366 Reply Brief -- Plaintiff's Reply to CareDx's Counterstatement of Facts in Opposition to Natera's Motion for Summary Judgment #2 (Infringement of the '180 Patent) -- by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 326 Statement, CareDx's Response To Natera's Material Facts In Its Opposition To Summary Judgment #5 Of No Ongoing Infringement by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 254 MOTION for Summary Judgment #5 Of No Ongoing Infringement filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 252 MOTION for Summary Judgment #2 of Infringement of the '180 Patent by Defendant's Accused Products filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 324 Statement, Defendant's Response To Plaintiff's Concise Statement Of Facts In Opposing Summary Judgment That The `724 And `544 Patents Are Not Entitled To The Benefit Of The `882 And `610 Provisionals by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1)(Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 362 Reply Brief -- Plaintiff's Reply to CareDx's Counterstatement of Facts in Opposition to Natera's Motion for Summary Judgment #1 (Infringement of U.S. Patent Nos. 10,597,724 and 11,111,544) -- by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 240 MOTION for Summary Judgment #4 That Natera's `724 And `544 Patents Are Not Entitled To The Benefit Of The `882 And `610 Provisionals filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 246 MOTION for Summary Judgment of Infringement of the '724 and '544 Patents by Defendants Accused Products filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 322 Statement, CareDx's Response To Natera's Material Facts In Opposition To Summary Judgment #3 That The `724 And `544 Patents Are Invalid For Lack Of Written Description by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2)(Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 237 MOTION for Summary Judgment #3 - That The `724 And `544 Patents Are Invalid For Lack Of Written Description filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 320 Statement, Defendant's Response To Plaintiff's Concise Statement Of Facts In Opposing Summary Judgment That The `180 Patent Is Invalid For Lack Of Written Description by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2)(Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 260 MOTION for Summary Judgment # 2 that Natera's '180 Patent is Invalid for Lack of Written Description filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] STATEMENT re 328 Statement, Defendant's Response To Plaintiff's Concise Statement Of Facts In Opposing Summary Judgment That Natera's Patents Claim Ineligible Subject Matter by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2)(Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 249 MOTION for Summary Judgment #1 That Natera's Patents Claim Ineligible Subject Matter filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/25/2023[SEALED] REPLY BRIEF re 243 MOTION to Preclude Expert Testimony filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/25/2023)
9/21/2023ORAL ORDER Resetting Scheduling Order Deadlines: Due to a conflict in the Court's schedule, The Final Pretrial Conference is rescheduled for 1/11/2024 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 9/21/2023. (nmf) (Entered: 09/21/2023)
9/21/2023354ORAL ORDER Setting Videoconference: The Court hereby ORDERS as follows with respect to Defendant's Motion to Strike (the "Motion"), (D.I. 305): (1) A videoconference using the Microsoft Teams platform is set for October 23, 2023 at 2:30 PM before Judge Christopher J. Burke.; (2) By no later than October 16, 2023, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the videoconference.; and (3) The Court may choose to resolve the Motion prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the Motion, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 9/21/2023. (dlb) Modified on 9/22/2023 (dlb). (Entered: 09/21/2023)
9/20/2023 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding request for the scheduling of a teleconference to address Natera's Motion to Strike Defendant's Supplemental Interrogatory Response and Declaration of Robert Woodward (D.I. 305) - re 305 MOTION to Strike Supplemental Response and Declaration. (Fahnestock, Derek) (Entered: 09/20/2023)
9/20/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Reply in Support of Plaintiff Natera, Inc.'s Motion to Strike Defendant's Supplemental Interrogatory Response and Declaration of Robert Woodward - re 331 Letter,. (Attachments: # 1 Ex. C)(Fahnestock, Derek) (Entered: 09/20/2023)
9/20/2023 NOTICE of Subsequent Authority in Opposition to CareDX's Motion #1 for Summary Judgment that Natera's Patents Claim Ineligible Subject Matter - by Natera, Inc. (Fahnestock, Derek) (Entered: 09/20/2023)
9/20/2023REDACTED VERSION of 331 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 09/20/2023)
9/18/2023REDACTED VERSION of 330 Declaration,,, by Natera, Inc.. (Attachments: # 1 Ex. OOO, # 2 Ex. PPP, # 3 Ex. QQQ, # 4 Ex. RRR, # 5 Ex. SSS, # 6 Ex. TTT, # 7 Ex. UUU, # 8 Ex. VVV, # 9 Ex. WWW, # 10 Ex. XXX, # 11 Ex. YYY, # 12 Ex. ZZZ, # 13 Ex. AAAA, # 14 Ex. BBBB, # 15 Ex. CCCC, # 16 Ex. DDDD, # 17 Ex. EEEE, # 18 Ex. FFFF, # 19 Ex. GGGG, # 20 Ex. HHHH, # 21 Ex. IIII, # 22 Ex. JJJJ, # 23 Ex. KKKK, # 24 Ex. LLLL, # 25 Ex. MMMM, # 26 Ex. NNNN, # 27 Ex. OOOO, # 28 Ex. PPPP, # 29 Ex. QQQQ, # 30 Ex. RRRR, # 31 Ex. SSSS, # 32 Ex. TTTT, # 33 Ex. UUUU, # 34 Ex. VVVV, # 35 Ex. WWWW, # 36 Ex. XXXX, # 37 Ex. YYYY, # 38 Ex. ZZZZ, # 39 Ex. AAAAA, # 40 Ex. BBBBB, # 41 Ex. CCCCC)(Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 329 Answering Brief in Opposition by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 328 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 327 Answering Brief in Opposition, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 326 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 325 Answering Brief in Opposition by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 324 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 323 Answering Brief in Opposition, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 322 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 321 Answering Brief in Opposition, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 320 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 319 Answering Brief in Opposition, by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 318 Statement, Defendant's Counterstatement of Facts in Opposition to Natera's Motion for Summary Judgment #1 (Alleged Infringement of the `724 and `544 Patents) by CareDx, Inc.. (Farnan, Brian) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 317 Answering Brief in Opposition, by CareDx, Inc.. (Farnan, Brian) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 316 Statement, CareDx's Counterstatement of Facts in Opposition to Natera's Motion for Summary Judgment #2 (Alleged Infringement of the `180 Patent) by CareDx, Inc.. (Farnan, Brian) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 315 Answering Brief in Opposition, by CareDx, Inc.. (Farnan, Brian) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 314 Declaration by CareDx, Inc.. (Attachments: # 1 Exhibits 1-6)(Farnan, Brian) (Entered: 09/18/2023)
9/18/2023REDACTED VERSION of 313 Answering Brief in Opposition by CareDx, Inc.. (Farnan, Brian) (Entered: 09/18/2023)
9/13/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Defendant's Opposition to Plaintiff's Motion to Strike - re 305 MOTION to Strike Supplemental Response and Declaration. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 09/13/2023)
9/11/2023[SEALED] DECLARATION re 329 Answering Brief in Opposition, 323 Answering Brief in Opposition, 321 Answering Brief in Opposition, 319 Answering Brief in Opposition, 327 Answering Brief in Opposition, 325 Answering Brief in Opposition by Natera, Inc.. (Attachments: # 1 Ex. OOO, # 2 Ex. PPP, # 3 Ex. QQQ, # 4 Ex. RRR, # 5 Ex. SSS, # 6 Ex. TTT, # 7 Ex. UUU, # 8 Ex. VVV, # 9 Ex. WWW, # 10 Ex. XXX, # 11 Ex. YYY, # 12 Ex. ZZZ, # 13 Ex. AAAA, # 14 Ex. BBBB, # 15 Ex. CCCC, # 16 Ex. DDDD, # 17 Ex. EEEE, # 18 Ex. FFFF, # 19 Ex. GGGG, # 20 Ex. HHHH, # 21 Ex. IIII, # 22 Ex. JJJJ, # 23 Ex. KKKK, # 24 Ex. LLLL, # 25 Ex. MMMM, # 26 Ex. NNNN, # 27 Ex. OOOO, # 28 Ex. PPPP, # 29 Ex. QQQQ, # 30 Ex. RRRR, # 31 Ex. SSSS, # 32 Ex. TTTT, # 33 Ex. UUUU, # 34 Ex. VVVV, # 35 Ex. WWWW, # 36 Ex. XXXX, # 37 Ex. YYYY, # 38 Ex. ZZZZ, # 39 Ex. AAAAA, # 40 Ex. BBBBB, # 41 Ex. CCCCC)(Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 243 MOTION to Preclude Expert Testimony filed by Natera, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 327 Answering Brief in Opposition, // Plaintiff's Responsive Concise Statement Of Facts In Opposition To Defendant's Motion #1 For Summary Judgment That Natera's Patents Claim Ineligible Subject Matter - by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 249 MOTION for Summary Judgment #1 That Natera's Patents Claim Ineligible Subject Matter filed by Natera, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 325 Answering Brief in Opposition // Plaintiff's Responsive Concise Statement Of Facts In Opposition To Defendant's Motion For Summary Judgment #5 Of No Ongoing Infringement - by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 254 MOTION for Summary Judgment #5 Of No Ongoing Infringement - filed by Natera, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 323 Answering Brief in Opposition, // Plaintiff's Responsive Concise Statement Of Facts In Opposition To Defendant's Motion #4 For Summary Judgment That Natera's '724 And '544 Patents Are Not Entitled To The Benefit Of The '882 And '610 Provisionals - by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 240 MOTION for Summary Judgment #4 That Natera's `724 And `544 Patents Are Not Entitled To The Benefit Of The `882 And `610 Provisionals - filed by Natera, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 321 Answering Brief in Opposition, // Plaintiff's Responsive Concise Statement Of Facts In Opposition To Defendant's Motion #3 For Summary Judgment That The '724 And '544 Patents Are Invalid For Lack Of Written Description - by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 237 MOTION for Summary Judgment #3 - That The `724 And `544 Patents Are Invalid For Lack Of Written Description - filed by Natera, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 319 Answering Brief in Opposition, // Plaintiff's Responsive Concise Statement of Facts in Opposition to Defendant's Motion for Summary Judgment #2 that Natera's '180 Patent is Invalid for Lack of Written Description - by Natera, Inc.. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 260 MOTION for Summary Judgment # 2 that Natera's '180 Patent is Invalid for Lack of Written Description - filed by Natera, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Fahnestock, Derek) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 248 Statement, Defendant's Counterstatement of Facts in Opposition to Natera's Motion for Summary Judgment #1 (Alleged Infringement of the `724 and `544 Patents) by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Farnan, Brian) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 246 MOTION for Summary Judgment of Infringement of the '724 and '544 Patents by Defendants Accused Products filed by CareDx, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Farnan, Brian) (Entered: 09/11/2023)
9/11/2023[SEALED] STATEMENT re 255 Statement, CareDx's Counterstatement of Facts in Opposition to Natera's Motion for Summary Judgment #2 (Alleged Infringement of the `180 Patent) by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2)(Farnan, Brian) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 252 MOTION for Summary Judgment #2 of Infringement of the '180 Patent by Defendant's Accused Products filed by CareDx, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Farnan, Brian) (Entered: 09/11/2023)
9/11/2023[SEALED] DECLARATION re 313 Answering Brief in Opposition of Derek C. Walter by CareDx, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Farnan, Brian) (Entered: 09/11/2023)
9/11/2023[SEALED] ANSWERING BRIEF in Opposition re 257 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper filed by CareDx, Inc..Reply Brief due date per Local Rules is 9/18/2023. (Farnan, Brian) (Entered: 09/11/2023)
9/7/2023REDACTED VERSION of 306 Letter by Natera, Inc.. (Attachments: # 1 Exhibits A-B)(Fahnestock, Derek) (Entered: 09/07/2023)
9/6/2023REDACTED VERSION of 302 Letter by Natera, Inc.. (Attachments: # 1 Exs. A-B)(Fahnestock, Derek) (Entered: 09/06/2023)
9/6/2023REDACTED VERSION of 301 Letter by Natera, Inc.. (Attachments: # 1 Exs. A-G.)(Fahnestock, Derek) (Entered: 09/06/2023)
9/6/2023Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute hearing held on 9/6/2023. The Court heard the parties' arguments regarding the Joint Motion to Resolve Discovery Dispute. (D.I. 227) The Court denied Plaintiff's motion. The Court granted-in-part and denied-in-part Defendant's motion. The substance of the Court's order will be reflected in the transcript. (Clerk: M. Crawford) APPEARANCES: D. Fahnestock and S. Haberny for Plaintiff; B. Farnan and D. Walter for Defendant. (Court Reporter Deanna Warner) (dlb) (Entered: 09/06/2023)
9/6/2023Set Briefing Schedule: re 305 MOTION to Strike Supplemental Response and Declaration. Answering Brief due 9/13/2023. Reply Brief due 9/20/2023. (dlb) (Entered: 09/06/2023)
9/6/2023SO ORDERED D.I. 309 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant's opposition to Plaintiff Natera, Inc.s Motion to Strike Defendants Supplemental Interrogatory Response and Declaration of Robert Woodward ("Motion to Strike") (D.I. 305) is extended to September 13, 2023; (ii) the deadline for Plaintiff's reply brief in Support of the Motion to Strike is extended to September 20, 2023; and (iii) the deadline for answering briefs in support of summary judgment and Daubert motions is extended to September 11, 2023 with reply brief deadline remaining unchanged. Ordered by Judge Christopher J. Burke on 9/6/2023. (dlb) (Entered: 09/06/2023)
9/5/2023 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Defendant's Opposition to Plaintiff Natera, Inc.'s Motion to Strike Defendant's Supplemental Interrogatory Response and Declaration of Robert Woodward; (ii) Plaintiff's Reply Brief in Support of the Motion to Strike; and (iii) Answering Briefs in support of Summary Judgment and Daubert Motions to (i) 9/13/2023; (ii) 9/20/2023; and (iii) 9/11/2023 - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 09/05/2023)
9/1/2023REDACTED VERSION of 274 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-8)(Farnan, Brian) (Entered: 09/01/2023)
9/1/2023REDACTED VERSION of 273 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-5)(Farnan, Brian) (Entered: 09/01/2023)
8/31/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock - re 305 MOTION to Strike Supplemental Response and Declaration. (Attachments: # 1 Exhibits A-B)(Fahnestock, Derek) (Entered: 08/31/2023)
8/31/2023 MOTION to Strike Supplemental Response and Declaration - filed by Natera, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 08/31/2023)
8/31/2023304OORAL ORDER Setting Videoconference: The Court hereby ORDERS as follows with respect to Plaintiff's Motions to Strike (the "Motions"), (D.I. 232; D.I. 234): (1) A videoconference using the Microsoft Teams platform is set for October 2, 2023 at 3:30 PM before Judge Christopher J. Burke.; (2) By no later than September 22, 2023, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the videoconference.; and (3) The Court may choose to resolve the Motions prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the Motion(s), see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference).Ordered by Judge Christopher J. Burke on 8/31/2023. (dlb) (Entered: 08/31/2023)
8/30/2023 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Request for a Teleconference to Address Natera's Motions to Strike - re 234 MOTION to Strike Certain Invalidity Opinions of Dr. Brian Van Ness, 232 MOTION to Strike Certain Opinions of Dr. Brian Van Ness and Mr. Brian Napper. (Fahnestock, Derek) (Entered: 08/30/2023)
8/30/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Reply in Support of Natera's August 11, 2023 Letter Brief - re 235 Letter,. (Attachments: # 1 Ex. A, # 2 Ex. B)(Fahnestock, Derek) (Entered: 08/30/2023)
8/30/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding CareDX's August 25, 2023 Letter Brief - re 274 Letter,. (Attachments: # 1 Exs. A-G)(Fahnestock, Derek) (Entered: 08/30/2023)
8/30/2023REDACTED VERSION of 270 Letter by CareDx, Inc.. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 08/30/2023)
8/30/2023REDACTED VERSION of 272 Letter by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/30/2023)
8/30/2023REDACTED VERSION of 266 Letter by CareDx, Inc.. (Attachments: # 1 Exhibits 1-3)(Farnan, Brian) (Entered: 08/30/2023)
8/30/2023297MULTI MEDIA DOCUMENT filed by CareDx, Inc. in the form of a 2 thumb drives. Filing related to 270 Letter, and 271 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (dlb) (Entered: 08/30/2023)
8/28/2023SO ORDERED, re 287 STIPULATION TO EXTEND TIME for Natera to Submit Redacted Versions of D.I. 233, 235, 247, 248, 253, 255, 256, 258 and 263 to August 28, 2023, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 8/28/2023. (kmd) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 263 Declaration,,,,,,,,,,,,, by Natera, Inc.. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H, # 9 Ex. I, # 10 Ex. J, # 11 Ex. K, # 12 Ex. L, # 13 Ex. M, # 14 Ex. N, # 15 Ex. O, # 16 Ex. P, # 17 Ex. Q, # 18 Ex. R, # 19 Ex. S, # 20 Ex. T, # 21 Ex. U, # 22 Ex. V, # 23 Ex. W, # 24 Ex. X, # 25 Ex. Y, # 26 Ex. Z, # 27 Ex. AA, # 28 Ex. BB, # 29 Ex. CC, # 30 Ex. DD, # 31 Ex. EE, # 32 Ex. FF, # 33 Ex. GG, # 34 Ex. HH, # 35 Ex. II, # 36 Ex. JJ, # 37 Ex. KK, # 38 Ex. LL, # 39 Ex. MM, # 40 Ex. NN, # 41 Ex. OO, # 42 Ex. PP, # 43 Ex. QQ, # 44 Ex. RR, # 45 Ex. SS, # 46 Ex. TT, # 47 Ex. UU, # 48 Ex. VV, # 49 Ex. WW, # 50 Ex. XX, # 51 Ex. YY, # 52 Ex. ZZ, # 53 Ex. AAA, # 54 Ex. BBB, # 55 Ex. CCC, # 56 Ex. DDD, # 57 Ex. EEE, # 58 Ex. FFF, # 59 Ex. GGG, # 60 Ex. HHH, # 61 Ex. III, # 62 Ex. JJJ, # 63 Ex. KKK, # 64 Ex. LLL, # 65 Ex. MMM, # 66 Ex. NNN)(Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 258 Opening Brief in Support by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 255 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 253 Opening Brief in Support, by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 248 Statement, by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 247 Opening Brief in Support, by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 235 Letter, by Natera, Inc.. (Attachments: # 1 Exhibit A)(Fahnestock, Derek) (Entered: 08/28/2023)
8/28/2023REDACTED VERSION of 233 Letter,, by Natera, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Fahnestock, Derek) (Entered: 08/28/2023)
8/25/2023 STIPULATION TO EXTEND TIME for Natera to Submit Redacted Versions of D.I. 233, 235, 247, 248, 253, 255, 256, 258 and 263 to August 28, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 259 Statement, by CareDx, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3 (1 of 2), # 5 Exhibit 3 (2 of 2), # 6 Exhibit 4, # 7 Exhibit 5)(Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 256 Opening Brief in Support by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 242 Statement,, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 241 Opening Brief in Support, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 239 Statement,, by CareDx, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2 (1 of 2), # 4 Exhibit 2 (2 of 2), # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13)(Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 238 Opening Brief in Support, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 262 Statement, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 261 Opening Brief in Support, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 251 Statement, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 250 Opening Brief in Support, by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 245 Declaration of Derek C. Walter by CareDx, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Farnan, Brian) (Entered: 08/25/2023)
8/25/2023REDACTED VERSION of 244 Opening Brief in Support by CareDx, Inc.. (Farnan, Brian) (Entered: 08/25/2023)
8/25/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Letter Brief in Opposition to Motion to Strike - re 232 MOTION to Strike Certain Opinions of Dr. Brian Van Ness and Mr. Brian Napper. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Brian) (Entered: 08/25/2023)
8/25/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Letter Brief in Opposition to Motion to Strike - re 234 MOTION to Strike Certain Invalidity Opinions of Dr. Brian Van Ness. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Farnan, Brian) (Entered: 08/25/2023)
8/23/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding CareDX's August 16, 2023 Letter Brief - re 266 Letter. (Fahnestock, Derek) (Entered: 08/23/2023)
8/23/2023NOTICE of filing the following Non-Paper material(s) in multi media format: two USBs containing Exhibit A to Defendant's Reply Discovery Dispute Letter. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of CareDx, Inc. (Farnan, Brian) (Entered: 08/23/2023)
8/23/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply Discovery Dispute Letter - re 265 Letter, 228 Letter,. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 08/23/2023)
8/18/2023SO ORDERED D.I. 269 STIPULATION TO EXTEND TIME to submit redacted versions of the parties' opening briefs and underlying documents in support of Natera's Motions to Strike, and the parties' Daubert Motions and Motions for Summary Judgment (D.I. 233, 235, 2 filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 8/18/23. (mlc) (Entered: 08/18/2023)
8/18/2023 STIPULATION TO EXTEND TIME to submit redacted versions of the parties' opening briefs and underlying documents in support of Natera's Motions to Strike, and the parties' Daubert Motions and Motions for Summary Judgment (D.I. 233, 235, 238, 239, 241, 242, 244, 245, 247, 248, 250, 251, 253, 255, 256, 258, 259, 261, 262, and 263) to August 25, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/18/2023)
8/17/2023REDACTED VERSION of 230 Letter by Natera, Inc.. (Attachments: # 1 Ex. 1, # 2 Proposed Order)(Fahnestock, Derek) (Entered: 08/17/2023)
8/17/2023REDACTED VERSION of 228 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-9, # 2 Text of Proposed Order)(Farnan, Brian) (Entered: 08/17/2023)
8/16/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Natera's August 7, 2023 Letter - re 230 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Brian) (Entered: 08/16/2023)
8/16/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding CareDX's August 7, 2023 Letter Brief - re 228 Letter,. (Attachments: # 1 Ex. A)(Fahnestock, Derek) (Entered: 08/16/2023)
8/15/2023SO ORDERED D.I. 264 STIPULATION TO EXTEND TIME (1) for the parties to file responsive letters regarding discovery dispute relating to expert depositions, (2) to file replies regarding discovery dispute relating to expert depositions, (3) for CareDx to respond to Natera's Motions to Strike, and (4) for Natera to reply to August 16, 2023; August 23, 2023; August 25, 2023; and August 30, 2023, respectively - filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 8/15/2023. (dlb) (Entered: 08/15/2023)
8/14/2023 STIPULATION TO EXTEND TIME (1) for the parties to file responsive letters regarding discovery dispute relating to expert depositions, (2) to file replies regarding discovery dispute relating to expert depositions, (3) for CareDx to respond to Natera's Motions to Strike, and (4) for Natera to reply to August 16, 2023; August 23, 2023; August 25, 2023; and August 30, 2023, respectively - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/14/2023)
8/14/2023CORRECTING ENTRY: Docket text of D.I. 246 , 247 , and 248 corrected to reflection Motion for Summary Judgment #1. (kmd) (Entered: 08/14/2023)
8/14/2023Motions No Longer Referred to Judge Burke: 243 MOTION to Preclude Expert Testimony, 257 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper. CM/ECF automatic referral has been removed. (dlb) (Entered: 08/14/2023)
8/11/2023[SEALED] DECLARATION re 246 MOTION for Summary Judgment of Infringement of the '724 and '544 Patents by Defendants Accused Products, 257 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper, 252 MOTION for Summary Judgment #2 of Infringement of the '180 Patent by Defendant's Accused Products -- Declaration of Sandra Haberny in Support of Plaintiff's Motions for Summary Judgment (Nos. 1 and 2) and Daubert Motion -- by Natera, Inc.. (Attachments: # 1 Ex. A - BrianWNapper_PDFTran, # 2 Ex. B - CAREDXNA10022474, # 3 Ex. C - CAREDXNA10170263, # 4 Ex. D - 2023.02.17 CareDx Resps and Objs to 5th Set ROGs (Nos 23-33), # 5 Ex. E - 2021-Annual-Meeting (CareDx), # 6 Ex. F - 2023-04-14 Gibson, Hal, # 7 Ex. G - 2023-02-17 King, Sasha, # 8 Ex. H - 2023-04-18 Johnson, Alex, # 9 Ex. I - 2023-06-12 Brian Napper Rebuttal Report & Appendices, # 10 Ex. J - CAREDXNA10742132, # 11 Ex. K - NTRA-CDX-567-000000078153, # 12 Ex. L - CareDx 2018 Annual Report, # 13 Ex. M - CareDx 2019 Annual Report, # 14 Ex. N - CareDx 2020 Annual Report, # 15 Ex. O - Natera 2020 Annual Report, # 16 Ex. P - 2023-05-12 Lance Gunderson Expert Report, # 17 Ex. Q - 2022.12.23 CareDx's Suppl R&O to Natera's ROGs (Nos. 2, 4, 5, 11, 16, 17 & 21), # 18 Ex. R_2022.12.07 - Markman Hearing Transcript, # 19 Ex. S - Intentionally Left Blank, # 20 Ex. T - Intentionally Left Blank, # 21 Ex. U - Intentionally Left Blank, # 22 Ex. V - Intentionally Left Blank, # 23 Ex. W - Intentionally Left Blank, # 24 Ex. X_2023-05-12 John Quackenbush Expert Report, # 25 Ex. Y - CAREDXNA10115797, # 26 Ex. Z - CAREDXNA00014555, # 27 Ex. AA - 2023-02-20 Scott, Susan, # 28 Ex. BB - 2023-03-28 Woodward, Robert, # 29 Ex. CC - CAREDXNA00004908, # 30 Ex. DD_US10597724B2, # 31 Ex. EE - US11111544, # 32 Ex. FF - US10655180, # 33 Ex. GG - 2023-06-12 Van Ness Non-infringement Report & Appendices, # 34 Ex. HH - 2022.11.14 CareDx's R&O to Natera's 2nd RFAs (Nos.14-15), # 35 Ex. II_2023-04-07 Hiller, David, # 36 Ex. JJ_2023-02-01 Grskovic, Marica, # 37 Ex. KK - CAREDXNA00013635, # 38 Ex. LL - CAREDXNA00014457, # 39 Ex. MM - CAREDXNA10108869, # 40 Ex. NN - BrianVanNessPhD, # 41 Ex. OO - CAREDXNA00012875, # 42 Ex. PP - CAREDXNA00004795, # 43 Ex. QQ_2023.06.12 Rebuttal Expert Report re Validity, # 44 Ex. RR_2023-06-30 Reply Expert Report re Infringement, # 45 Ex. SS - CAREDXNA00012946, # 46 Ex. TT - CAREDXNA00004885, # 47 Ex. UU - CAREDXNA00013591, # 48 Ex. VV - NTRA-CDX-567-000000216789, # 49 Ex. WW - CAREDXNA00004751, # 50 Ex. XX - CAREDXNA00014337, # 51 Ex. YY - CAREDXNA00004823, # 52 Ex. ZZ - CAREDXNA00013765, # 53 Ex. AAA - 2023-04-04 John Sninsky, # 54 Ex. BBB - CAREDXNA00012816, # 55 Ex. CCC - NTRA-CDX-567-000000035820, # 56 Ex. DDD - CAREDXNA00014432, # 57 Ex. EEE - CAREDXNA10649267, # 58 Ex. FFF - CAREDXNA11108374, # 59 Ex. GGG - CAREDXNA10868338, # 60 Ex. HHH - Dairawan Shetty 2020, # 61 Ex. III - 2022.11.09 - Final Joint Clam Construction Brief, # 62 Ex. JJJ - CAREDXNA10710022, # 63 Ex. KKK - CAREDXNA10401055, # 64 Ex. LLL - CAREDXNA10304492, # 65 Ex. MMM - 2020-01-31 Dkt 47 Official Transcript of 11-21-2020 Hearing, # 66 Ex. NNN - definition of measure in English from the Oxford dictionary)(Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 260 MOTION for Summary Judgment # 2 that Natera's '180 Patent is Invalid for Lack of Written Description by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 260 MOTION for Summary Judgment # 2 that Natera's '180 Patent is Invalid for Lack of Written Description filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Farnan, Brian) (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment # 2 that Natera's '180 Patent is Invalid for Lack of Written Description - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 256 Opening Brief in Support by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3 (1 of 2), # 5 Exhibit 3 (2 of 2), # 6 Exhibit 4, # 7 Exhibit 5)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 257 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper - filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023 MOTION to Preclude Expert Opinion and Testimony of Brian W. Napper - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 254 MOTION for Summary Judgment #5 Of No Ongoing Infringement filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 252 MOTION for Summary Judgment #2 of Infringement of the '180 Patent by Defendant's Accused Products // Natera's Concise Statement of Facts in Support of its Second Motion for Summary Judgment Regarding Infringement of U.S. Patent No. 10,655,180 - by Natera, Inc.. (Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment #5 Of No Ongoing Infringement - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 252 MOTION for Summary Judgment #2 of Infringement of the '180 Patent by Defendant's Accused Products - filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment #2 of Infringement of the '180 Patent by Defendant's Accused Products - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)(Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 250 Opening Brief in Support, Defendant CareDx's Concise Statement Of Facts In Support Of Its Motion #1 For Summary Judgment That Natera's Patents Claim Ineligible Subject Matter by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 249 MOTION for Summary Judgment #1 That Natera's Patents Claim Ineligible Subject Matter filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Farnan, Brian) (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment #1 That Natera's Patents Claim Ineligible Subject Matter - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 246 MOTION for Summary Judgment #1 of Infringement of the '724 and '544 Patents by Defendants Accused Products // Natera's Concise Statement of Facts in Support of its First Motion for Summary Judgment Regarding Infringement of U.S. Patent Nos. 10,597,724 and 11,111,544 - by Natera, Inc. (Fahnestock, Derek) Modified on 8/14/2023 (kmd). (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 246 MOTION for Summary Judgment #1 of Infringement of the '724 and '544 Patents by Defendants Accused Products filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Fahnestock, Derek) Modified on 8/14/2023 (kmd). (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment #1 of Infringement of the '724 and '544 Patents by Defendants Accused Products - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)(Fahnestock, Derek) Modified on 8/14/2023 (kmd). (Entered: 08/11/2023)
8/11/2023[SEALED] DECLARATION re 244 Opening Brief in Support by CareDx, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 243 MOTION to Preclude Expert Testimony filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Farnan, Brian) (Entered: 08/11/2023)
8/11/2023 MOTION to Preclude Expert Testimony - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1 Certification)Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 241 Opening Brief in Support, Defendant CareDx's Concise Statement Of Facts In Support Of Motion #4 For Summary Judgment That Natera's `724 And `544 Patents Are Not Entitled To The Benefit Of The `882 And `610 Provisionals by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 240 MOTION for Summary Judgment #4 That Natera's `724 And `544 Patents Are Not Entitled To The Benefit Of The `882 And `610 Provisionals filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Farnan, Brian) (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment #4 That Natera's `724 And `544 Patents Are Not Entitled To The Benefit Of The `882 And `610 Provisionals - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] STATEMENT re 238 Opening Brief in Support, Defendant CareDx, Inc.'s Concise Statement Of Facts In Support Of Motion #3 For Summary Judgment That The `724 And `544 Patents Are Invalid For Lack Of Written Description by CareDx, Inc.. (Attachments: # 1 Declaration of Derek C. Walter, # 2 Exhibit 1, # 3 Exhibit 2 - Part 1 of 2, # 4 Exhibit 2 - Part 2 of 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] OPENING BRIEF in Support re 237 MOTION for Summary Judgment #3 - That The `724 And `544 Patents Are Invalid For Lack Of Written Description filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 8/25/2023. (Farnan, Brian) (Entered: 08/11/2023)
8/11/2023 MOTION for Summary Judgment #3 - That The `724 And `544 Patents Are Invalid For Lack Of Written Description - filed by CareDx, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023NOTICE OF SERVICE of CareDx, Inc.'s Fifth Supplemental Responses and Objections to Natera Inc.'s Interrogatory No. 2 filed by CareDx, Inc..(Farnan, Brian) (Entered: 08/11/2023)
8/11/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock - re 234 MOTION to Strike Certain Invalidity Opinions of Dr. Brian Van Ness. (Attachments: # 1 Ex. A - Expert Report of Brian Van Ness)(Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023 MOTION to Strike Certain Invalidity Opinions of Dr. Brian Van Ness - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock - re 232 MOTION to Strike Certain Opinions of Dr. Brian Van Ness and Mr. Brian Napper. (Attachments: # 1 Ex. A - 06.12.23 VN Rebuttal Report, # 2 Ex. B - VN Depo Transcript Excerpts, # 3 Ex. C - 06.12.23 Napper Rebuttal Report, # 4 Ex. D - 2023.03.28 CareDx Supp Resps, # 5 Ex. E - BrianVanNessPhD_14, # 6 Ex. F - 2022.12.23 CareDx's Suppl R&O to ROGs, # 7 Ex. G - 2023.02.17 CareDx's R&O to 5th Set ROGs, # 8 Ex. H - 2023.01.30 CareDx's R&O to 30(b)(6) Deposition Notice, # 9 Ex. I - BN Depo Transcript Excerpts, # 10 Ex. J - 2023-06-30 JQ Reply Expert Report)(Fahnestock, Derek) (Entered: 08/11/2023)
8/11/2023 MOTION to Strike Certain Opinions of Dr. Brian Van Ness and Mr. Brian Napper - filed by Natera, Inc.. (Attachments: # 1 Proposed Order)Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 08/11/2023)
8/7/2023231MULTI MEDIA DOCUMENT filed by CareDx, Inc. in the form of a 2 USB Drives. Filing related to 228 229 Letter,. (Media on file in Clerk's Office). (dlb) (Entered: 08/08/2023)
8/7/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Discovery Dispute. (Attachments: # 1 Ex. 1, # 2 Proposed Order)(Fahnestock, Derek) (Entered: 08/07/2023)
8/7/2023NOTICE of filing the following Non-Paper material(s) in multi media format: two USBs containing Exhibit 6 to Defendant's Opening Discovery Dispute Letter. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of CareDx, Inc. (Farnan, Brian) (Entered: 08/07/2023)
8/7/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute - re 227 MOTION for Conference to Resolve Discovery Dispute . (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5 - Part 1 of 2, # 7 Exhibit 5 - Part 2 of 2, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Farnan, Brian) (Entered: 08/07/2023)
7/31/2023 MOTION for Conference to Resolve Discovery Dispute - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 07/31/2023)
7/31/2023226ORAL ORDER Setting Hearing: The Court has reviewed the parties' July 27, 2023 letter requesting a discovery dispute conference regarding two discovery disputes. (D.I. 225) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute conference is set for 9/6/2023 at 12:00 PM in Courtroom 2A before Judge Christopher J. Burke.; (2) By August 7, 2023, any party seeking relief shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By August 14, 2023, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than August 21, 2023, the party seeking relief shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) The parties shall jointly file a Motion For Conference To Resolve Discovery Dispute.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (7) The Court may choose to resolve the disputes prior to the conference and will, in that event, cancel the conference (however, if any party advises the Court in advance that a newer attorney will argue the disputes, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 7/31/2023. (mlc) (Entered: 07/31/2023)
7/27/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Hearing. (Farnan, Brian) (Entered: 07/27/2023)
7/10/2023NOTICE OF SERVICE of Reply Expert Report of Dr. Brian Van Ness Regarding Invalidity filed by CareDx, Inc..(Farnan, Brian) (Entered: 07/10/2023)
6/30/2023NOTICE OF SERVICE of (1) Reply Expert Report of Lance E. Gunderson.; and (2) Reply Expert Report of Professor John Quackenbush, Ph.D. Relating to Infringement filed by Natera, Inc..(Fahnestock, Derek) (Entered: 06/30/2023)
6/20/2023NOTICE OF SERVICE of (1) Rebuttal Expert Report of Robert L. Stoll Relating to PTO Procedures; (2) Disclosure of Matthew Rabinowitz, Ph.D. Pursuant to F.R.C.P. 26(a)(2)(C); and (3) Rebuttal Expert Report of Professor John Quackenbush, Ph.D. Relating to Validity - filed by Natera, Inc..(Raucci, Anthony) (Entered: 06/20/2023)
6/19/2023NOTICE OF SERVICE of (i) Expert Report of Dr. Brian Van Ness Regarding Noninfringement and (ii) Rebuttal Expert Report of Brian W. Napper filed by CareDx, Inc..(Farnan, Brian) (Entered: 06/19/2023)
6/8/2023SO ORDERED D.I. 220 STIPULATION TO EXTEND TIME for the parties to provide responsive expert reports to June 12, 2023 filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 6/8/2023. (dlb) (Entered: 06/08/2023)
6/8/2023 STIPULATION TO EXTEND TIME for the parties to provide responsive expert reports to June 12, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/08/2023)
5/25/2023219ORAL ORDER: The Court, having reviewed the parties' joint motion to resolve discovery dispute ("Motion"), (D.I. 216), and the briefing related thereto, (D.I. 217; D.I. 218), by which CareDx moves to modify the May 5, 2023 stipulation so that it may assert 9 additional Invalidity Arguments (for a total of 57 Invalidity Arguments) and to narrow to 39 Invalidity Arguments on August 18, 2023, hereby ORDERS that the Motion is GRANTED. The Court previously noted that CareDx would be free to "seek to modify the number of Invalidity Arguments in the future upon a showing of good cause[,]" (D.I. 210), and CareDx has shown good cause here. It agreed to the current number of Invalidity Arguments before the Court's rulings on how such arguments should be counted. (D.I. 217, ex. 1 at 19-20; see also D.I. 208; D.I. 210) The number of additional Invalidity Arguments that CareDx seeks to assert is not outsized. (D.I. 217 at 1) These additional Invalidity Arguments encompass more recent prior art that would apply if Natera is unable to establish that the patents are entitled to early priority dates. (Id. at 1, 3) CareDx asserts the more recent prior art against certain claims under the current limit on Invalidity Arguments, and it seeks to assert these defenses against 9 additional dependent claims. Any prejudice to Natera should be minimal, as it is already on notice of the additional Invalidity Arguments--CareDx's May 12, 2023 expert's report disclosed the additional Invalidity Arguments (in approximately 12 pages of the 443-page report). (Id. at 3). Ordered by Judge Christopher J. Burke on 5/25/2023. (dlb) (Entered: 05/25/2023)
5/23/2023 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Opposition to CareDx's May 18, 2023 Discovery Letter Brief - re 217 Letter,. (Attachments: # 1 Ex. 1)(Fahnestock, Derek) (Entered: 05/23/2023)
5/18/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute - re 216 Joint MOTION to Resolve Discovery Dispute re 215 Oral Order, . (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Farnan, Brian) (Entered: 05/18/2023)
5/18/2023Joint MOTION to Resolve Discovery Dispute re 215 Oral Order, - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 05/18/2023)
5/17/2023215ORAL ORDER: The Court, having reviewed the parties' May 17, 2023 letter, (D.I. 214), hereby ORDERS that the parties' proposed briefing schedule is adopted. For the Court's administrative purposes, the parties shall also jointly file a Motion To Resolve Discovery Dispute. The Court will plan to resolve the dispute on the papers in light of the urgency. Ordered by Judge Christopher J. Burke on 5/17/2023. (mlc) (Entered: 05/17/2023)
5/17/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Conference. (Farnan, Brian) (Entered: 05/17/2023)
5/15/2023NOTICE OF SERVICE of (1) Expert Report of Lance E. Gunderson.; and (2) Opening Expert Report of Professor John Quackenbush, Ph.D. filed by Natera, Inc..(Fahnestock, Derek) (Entered: 05/15/2023)
5/15/2023NOTICE OF SERVICE of Expert Report of Dr. Brian Van Ness filed by CareDx, Inc..(Farnan, Brian) (Entered: 05/15/2023)
5/12/2023Stipulation and Order relating to D.I. 210 Oral Order. Signed by Judge Christopher J. Burke on 5/12/2023. (dlb) (Entered: 05/12/2023)
5/12/2023210ORAL ORDER: The Court, having reviewed the parties' "Stipulation and [Proposed] Order Regarding Case Narrowing," (D.I. 209), hereby ORDERS as follows: (1) With respect to the parties' dispute about how to define one "Invalidity Argument" with respect to 102/103, the Court ADOPTS Natera's position. Each claim is different in scope and structure, and so it will necessarily be a "different" argument to say, for example, that claim 1 is anticipated by reference A and claim 2 is anticipated by reference A. Since the claims have different components, a different argument has to be made about why reference A covers claim 2 beyond what was said about why it covers claim 1.; and (2) To the extent that CareDx believes in the future that it needs to assert particular additional 102/103 argument(s), they are free to seek to modify the number of Invalidity Arguments in the future upon a showing of good cause. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1312 (Fed. Cir. 2011). Ordered by Judge Christopher J. Burke on 5/12/2023. (dlb) (Entered: 05/12/2023)
5/5/2023 STIPULATION and [Proposed] Order Regarding Case Narrowing - by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/05/2023)
4/28/2023208ORAL ORDER: The Court, having reviewed the parties' March 9, 2023 letter regarding their dispute as to the number of Section 112 invalidity arguments Defendant may raise, (D.I. 186), hereby ORDERS as follows: (1) With regard to Defendant's request that any "limit on Section 112 defenses" be removed from any case narrowing stipulation, (id. at 3), that request is DENIED. It appears that Defendant currently asserts that a large number of claim limitations are invalid for lack of enablement and lack of written description. (Id. at 5 & ex. G) And we are at a stage of the case where it makes sense for Defendant to limit its Section 112 defenses. Fact discovery has closed and the parties are advancing to trial, with opening expert reports due on May 5, 2023 and summary judgment and Daubert motions due on August 11, 2023. (D.I. 179); see Align Tech., Inc. v. 3Shape A/S et al., No. 18-1949-LPS, (D.I. 223 at 2 n.1) (D. Del. Feb. 19, 2021) (permitting the plaintiff to seek limits on Section 112 arguments after receiving defendant's final invalidity contentions).; (2) With respect to the parties' dispute as to whether an argument that a claim is invalid under section 112 based on a particular claim limitation counts as one argument (or instead whether a single argument should be "claim 1 is not enabled"), (D.I. 186 at 3), the former shall count as one argument. In the Court's view, an assertion that "claim 1 is not enabled" constitutes a defense, while an assertion that "claim 1 is not enabled because of limitation x" constitutes an argument in support of that defense that will rely on particular pieces of evidence (evidence that might differ from the evidence that would support an assertion that "claim 1 is not enabled because of limitation y"). (See, e.g., id., ex. G at 44-47 (Defendant asserting in its Final Invalidity Contentions that claim 1 of the '180 patent is invalid under Section 112, paragraph 1 because the specification lacks an adequate written description, and providing seven arguments based on different claim limitations demonstrating why that is so); see also Fraunhofer-Gesellschaft Zur Forderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., Civil Action No. 17-184-JFB-SRF, D.I. 634 (D. Del. Feb. 14, 2023) ("[I]f Defendant argues that one or more claims are invalid under one or more of the requirements of [Section] 112 based on a particular claim limitation, that shall count as a single argument.")).; (3) To the extent that Plaintiff proposes that the same argument for a particular claim limitation applied to multiple claims should count as separate arguments per claim, (D.I. 186 at 2), that proposal is REJECTED. If Defendant asserts that "claim 1 is not enabled because of limitation x" and Defendant makes the same argument as to other claims that have that same limitation x, that would count as one argument, even if it is made as to multiple different claims. See Fraunhofer, D.I. 634 ("If other claims have the same limitation that comprises the basis for the given invalidity argument under [Section] 112, that shall not count as an additional [Section] 112 argument."). Defendant would be making the same argument for multiple claims, so it does not make sense to count those as different arguments.; and (4) The Court hereby ORDERS that by no later than May 5, 2023, the parties shall submit a stipulation regarding case narrowing in line with the guidance herein. Ordered by Judge Christopher J. Burke on 4/28/23. (mlc) (Entered: 04/28/2023)
4/26/2023REDACTED VERSION of 199 Letter - by Natera, Inc.. (Attachments: # 1 Exs. A-D, # 2 Proposed Order)(Fahnestock, Derek) (Entered: 04/26/2023)
4/24/2023206ORAL ORDER: The Court, having reviewed Defendant's discovery dispute motion ("Motion"), (D.I. 192), in which it moves to prevent Plaintiff from obtaining 39 printed pages of its source code, the letter briefs related thereto, (D.I. 197; D.I. 199; D.I. 202), and having heard argument at an April 24, 2023 hearing, hereby ORDERS that the Motion is DENIED for the following reasons: (1) To the extent Defendant argues that the Motion should be granted because the requested code is "duplicative of information already contained in other documents" of Defendant, (D.I. 202 at 1), the Court has already rejected this argument, (D.I. 149). Plaintiff should be able to prove alleged infringement not just by citing to Defendant's documents that explain what Defendant's products are supposed to do, but by citing to source code that shows what those products actually do in practice. (Id.; see also D.I. 199 at 2); (2) Plaintiff's request for 39 pages of printed source code does not seem outsized. (See D.I. 199 at 2; id., ex. D at 18-22 (the Court permitting a request for 1,200 printed pages of source code in a case where the parties had agreed that production of at least 500 pages of such code was presumptively reasonable)); cf. Digit. Reg of Tex., LLC v. Adobe Sys. Inc., No. CV 12-01971-CW (KAW), 2013 WL 633406, at *6-7 (N.D. Cal. Feb. 20, 2013) (denying request for 200 printed pages of source code, but where the seeking party provided no "further explanation" as to why such a production was warranted). That is particularly so because the 87 pages of source code made available to Plaintiff represent only a portion of the "full corpus" of Defendant's source code. (D.I. 199 at 2); (3) Plaintiff provided a detailed declaration from its expert in which it explained why the requested source code was at least relevant to its infringement allegations. (Id., ex. C; see also D.I. 199 at 3) During oral argument, Defendant's counsel asserted that even if the requested code is "relevant" to Plaintiff's infringement allegations, that showing is not enough to demonstrate that the printed code is "reasonably necessary" for the preparation of court filings, pleadings, expert reports, or other papers, or for deposition or trial, as is required by the Protective Order Addendum. (D.I. 188 at para. 19.7) However, this argument was not made in Defendant's briefing. Indeed, Defendant's reply letter brief appeared to equate a showing of relevance with a showing that the requested code was "reasonably necessary," in that there, Defendant repeatedly argued that Plaintiff's request should be denied because Plaintiff's expert's declaration had failed to demonstrate the relevance of portions of the requested code. (D.I. 202 at 1) So this new argument is waived. And even if it were not waived, in explaining how the requested source code relates to Plaintiff's infringement analysis, Plaintiff's expert declaration did demonstrate that the code is reasonably necessary for the preparation of Plaintiff's expert reports (reports that, after all, will be focused on setting out how it is that Defendant allegedly infringes the patents-in-suit). (See D.I. 199 at 2 & ex. C); and (4) With regard to Defendant's assertion that a portion of the requested source code relates to unaccused products, (D.I. 202 at 1), Defendant did not disclose the specifics of what code it was referring to until its reply brief. And even there, its assertion amounts to attorney argument, as it is not backed up by any record support. In contrast, Plaintiff has explained why the code at issue is at least relevant to and reasonably necessary for its infringement case. (D.I. 199, ex. C at paras. 14, 15, 16, 20). Ordered by Judge Christopher J. Burke on 4/24/2023. (dlb) (Entered: 04/24/2023)
4/24/2023Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute hearing held on 4/24/2023. The Court heard the parties' arguments regarding the Joint Motion to Resolve Discovery Dispute. (D.I. 192). The Court took the matter under advisement and will issue an order. (Clerk: M. Crawford; Court reporter: Stacy Ingram (Hawkins)) APPEARANCES: D. Fahnestock for Plaintiff; B. Farnan and W. Ansley for Defendant. (dlb) (Entered: 04/24/2023)
4/24/2023REDACTED VERSION of 202 Letter by CareDx, Inc.. (Farnan, Brian) (Entered: 04/24/2023)
4/21/2023204ORAL ORDER: The Court hereby ORDERS that the April 24, 2023 in-person discovery dispute hearing will take place in Courtroom 6C before Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/21/2023. (dlb) (Entered: 04/21/2023)
4/21/2023Interim STATUS REPORT - by Natera, Inc.. (Fahnestock, Derek) (Entered: 04/21/2023)
4/17/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply Discovery Dispute Letter - re 197 Letter,. (Farnan, Brian) (Entered: 04/17/2023)
4/17/2023Pro Hac Vice Attorney William Sutton Ansley for CareDx, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) (Entered: 04/17/2023)
4/17/2023SO ORDERED, re 201 MOTION for Pro Hac Vice Appearance of Attorney W. Sutton Ansley, filed by CareDx, Inc. Ordered by Judge Colm F. Connolly on 4/17/2023. (kmd) (Entered: 04/17/2023)
4/17/2023MOTION for Pro Hac Vice Appearance of Attorney W. Sutton Ansley - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 04/17/2023)
4/14/2023NOTICE OF SERVICE of (1) Third Supplemental Objections And Responses To CareDx, Inc.'s Third Set Of Interrogatories (Nos. 12-21) To Natera, Inc.; (2) Natera, Inc.'s Second Supplemental Initial Disclosures Pursuant To Fed. R. Civ. P. 26(a)(1); and (3) Natera, Inc.'s Supplemental Objections And Responses To CareDx, Inc.'s Fourth Set Of Interrogatories (No. 23) To Natera, Inc. - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 04/14/2023)
4/11/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Defendant's D.I. 197 Letter. (Attachments: # 1 Exs. A-D, # 2 Proposed Order)(Fahnestock, Derek) (Entered: 04/11/2023)
4/11/2023REDACTED VERSION of 197 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-2, # 2 Text of Proposed Order)(Farnan, Michael) (Entered: 04/11/2023)
4/4/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Letter - re 191 Oral Order,,,,,,,, Set Deadlines/Hearings,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Farnan, Brian) (Entered: 04/04/2023)
4/3/2023 NOTICE of Subpoena (Eurofins Viracor Biopharma Services, Inc.) by Natera, Inc. (Fahnestock, Derek) (Entered: 04/03/2023)
4/3/2023NOTICE OF SERVICE of CareDx, Inc.'s Updated Initial Disclosures Pursuant to FRCP 26(a)(1)(A) filed by CareDx, Inc..(Farnan, Brian) (Entered: 04/03/2023)
4/3/2023NOTICE OF SERVICE of Defendant's Supplemental Final Invalidity Contentions filed by CareDx, Inc..(Farnan, Brian) (Entered: 04/03/2023)
3/31/2023NOTICE OF SERVICE of CareDx, Inc.'s Supplemental Responses and Objections to Natera Inc.'s Interrogatories Nos. 2, 18, and 28-30 filed by CareDx, Inc..(Farnan, Brian) (Entered: 03/31/2023)
3/28/2023Joint MOTION to Resolve Discovery Dispute - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 03/28/2023)
3/27/2023191ORAL ORDER Setting Conference: The Court has reviewed the parties' March 27, 2023 letter requesting a discovery dispute conference regarding one discovery dispute. (D.I. 190) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute conference is set for April 24, 2023 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke.; (2) By April 4, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By April 11, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than April 17, 2023, the party seeking relief shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) The parties shall jointly file a Motion For Conference To Resolve Discovery Dispute.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (7) The Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference (however, if any party advises the Court in advance that a newer attorney will argue the dispute, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference).Ordered by Judge Christopher J. Burke on 3/27/2023. (dlb) (Entered: 03/27/2023)
3/27/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 03/27/2023)
3/17/2023NOTICE OF SERVICE of (1) Natera, Inc.'s Supplemental Infringement Contentions; (2) Second Supplemental Objections and Responses to Caredx, Inc.'s Third Set of Interrogatories (Nos. 12-21) to Natera, Inc.; and (3) Identification of Narrowed Set of Asserted Claims - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 03/17/2023)
3/15/2023PROTECTIVE ORDER ADDENDUM. Signed by Judge Christopher J. Burke on 3/14/2023. (dlb) (Entered: 03/15/2023)
3/14/2023 PROPOSED ORDER -- [Proposed] Protective Order Addendum -- by Natera, Inc.. (Fahnestock, Derek) (Entered: 03/14/2023)
3/9/2023 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Case Narrowing Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Farnan, Michael) (Entered: 03/09/2023)
3/8/2023SO ORDERED D.I. 185 STIPULATION TO EXTEND TIME for the parties to provide a stipulation relating to case narrowing to March 9, 2023 filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 3/8/2023. (dlb) (Entered: 03/08/2023)
3/8/2023 STIPULATION TO EXTEND TIME for the parties to provide a stipulation relating to case narrowing to March 9, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 03/08/2023)
3/7/2023SO ORDERED D.I. 184 STIPULATION TO EXTEND TIME for the parties to provide a stipulation relating to case narrowing to March 8, 2023 filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 3/7/2023. (dlb) (Entered: 03/07/2023)
3/7/2023 STIPULATION TO EXTEND TIME for the parties to provide a stipulation relating to case narrowing to March 8, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 03/07/2023)
3/6/2023 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding the Court's February 23, 2023 Oral Order - re 180 Oral Order,,,,,. (Fahnestock, Derek) (Entered: 03/06/2023)
3/6/2023SO ORDERED D.I. 182 STIPULATION TO EXTEND TIME to discuss a stipulation regarding case narrowing to March 7, 2023 filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 3/6/2023. (dlb) (Entered: 03/06/2023)
3/3/2023 STIPULATION TO EXTEND TIME to discuss a stipulation regarding case narrowing to March 7, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 03/03/2023)
3/3/2023Official Transcript of teleconference held on February 27, 2023 before Judge Christopher Burke. Court Reporter/Transcriber Bonnie Archer,Email: bonnie_archer@ded.us.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/24/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 6/1/2023. (Archer, Bonnie) (Entered: 03/03/2023)
2/27/2023Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 2/27/2023. The Court heard the parties' arguments regarding the Joint Motion for Teleconference to Resolve Discovery Dispute. (D.I. 153) The Court resolved the parties' disputes and directed the parties to submit a joint stipulation by close of business on March 3, 2023. The substance of the transcript shall serve as the Court's order. (Clerk, M. Crawford) APPEARANCES: D. Fahnestock and J. Nardinelli for Plaintiff; B. Farnan and D. Walter for Defendant (Court Reporter Bonnie Archer) (dlb) (Entered: 02/27/2023)
2/23/2023180ORAL ORDER: The Court, having reviewed the parties' February 22, 2023 joint status letter, (D.I. 178), hereby ORDERS that Defendant CareDx, Inc.'s ("CareDx") request that Plaintiff Natera, Inc. ("Natera") produce Dr. Quackenbush's expert report and deposition testimony from the Natera v. ArcherDx litigation, C.A. No. 20-125-GBW (D. Del.) is GRANTED. For the reasons that CareDx has articulated, it appears that at least some portion (perhaps a small portion) of these materials could have relevance to an enablement dispute regarding the 180 patent in this case. (D.I. 178 at 2) By no later than February 27, 2023, Natera shall advise ArcherDx and/or its counsel of the Court's order. By no later than March 6, 2023, to the extent that ArcherDx objects to this production, it may advise the Court by filing a one-page letter stating as much (in which case the Court will set a further briefing schedule). In the interval, the Court hopes that Natera, CareDx and ArcherDx can figure out a jointly acceptable way in which any portions of these documents that involve confidential ArcherDx material can be redacted prior to production. If all involved parties can come to joint resolution as to this issue prior to March 6, they should timely so advise the Court. Ordered by Judge Christopher J. Burke on 2/23/2023. (dlb) (Entered: 02/23/2023)
2/23/2023SO ORDERED D.I. 179 Stipulation to Amend Certain Scheduling Order deadlines filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 2/23/2023. (dlb) (Entered: 02/23/2023)
2/23/2023 STIPULATION and [Proposed] Order to Amend Dates in the Scheduling Order - by Natera, Inc.. (Fahnestock, Derek) (Entered: 02/23/2023)
2/22/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Report regarding February 13, 2023 Order - re 170 Oral Order,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Brian) (Entered: 02/22/2023)
2/21/2023SO ORDERED D.I. 177 STIPULATION TO EXTEND TIME for the parties to provide a joint letter pursuant to D.I. 170 to February 22, 2023 filed by Natera, Inc.. Ordered by Judge Christopher J. Burke on 2/21/2023. (dlb) (Entered: 02/21/2023)
2/21/2023 STIPULATION TO EXTEND TIME for the parties to provide a joint letter pursuant to D.I. 170 to February 22, 2023 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 02/21/2023)
2/20/2023NOTICE OF SERVICE of (i) CareDx, Inc.'s Third Supplemental Responses and Objections to Natera Inc.'s Interrogatory No. 2 and (ii) CareDx, Inc.'s Responses and Objections to Natera Inc.'s Fifth Set of Interrogatories (Nos. 23-33) filed by CareDx, Inc..(Farnan, Brian) (Entered: 02/20/2023)
2/17/2023NOTICE OF SERVICE of Natera, Inc.'s Objections and Responses to CareDx, Inc.'s First Set of Requests for Admission (Nos. 1-16) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 02/17/2023)
2/15/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Reply Discovery Letter - re 160 Letter,. (Farnan, Brian) (Entered: 02/15/2023)
2/15/2023 ANSWER to 148 Answer to Amended Complaint, Counterclaim -- Natera, Inc.'s Answer to CareDx, Inc.'s Counterclaims ('544 Patent) -- by Natera, Inc..(Fahnestock, Derek) (Entered: 02/15/2023)
2/15/2023 ANSWER to 147 Answer to Amended Complaint, Counterclaim -- Natera, Inc.'s Answer to CareDx, Inc.'s Counterclaims ('180 Patent) -- by Natera, Inc..(Fahnestock, Derek) (Entered: 02/15/2023)
2/15/2023 ANSWER to 146 Answer to Amended Complaint, Counterclaim -- Natera, Inc.'s Answer to CareDx, Inc.'s Counterclaims ('724 Patent) - by Natera, Inc..(Fahnestock, Derek) (Entered: 02/15/2023)
2/13/2023170ORAL ORDER: The Court, having reviewed Defendant's discovery dispute motion, (D.I. 151), and the letter briefing related thereto, (D.I. 141; D.I. 157; D.I. 161), hereby ORDERS that as to the remaining request that is at issue -- Defendant's request for all "deposition transcripts... court filings, discovery requests and responses, expert reports, declarations, and orders" regarding two other litigations, (D.I. 141 at 1) -- it is DENIED without prejudice to renew in a more targeted fashion. Some of the requested documents are almost surely going to be relevant (i.e., documents relating to the value of other Natera patents that are comparable to those in suit here) and some of them are likely not going to be relevant (i.e., documents relating to Illumina's and ArcherDX's products, at least absent a better explanation than we have here as to what Illumina/ArcherDX product-related evidence has to do with this case). The parties need to do the hard work to identify: (1) what documents are really being sought here amongst the broad categories of documents cited in Defendant's opening brief; (2) what Defendant's specific arguments are as to document category X's relevance; and (3) hearing those arguments, what Plaintiff's specific arguments are as to why document category X is not relevant. It looks like the parties have started that process. (D.I. 157 at 2; D.I. 161 at 1) By no later than February 21, 2023, the parties shall submit a joint letter, of no more than two single-spaced pages, that updates the Court on the status of their meeting-and-conferring on this issue. Today's discovery dispute teleconference is CANCELED. Ordered by Judge Christopher J. Burke on 2/13/2023. (mlc) (Entered: 02/13/2023)
2/10/2023[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Opposition to CareDx, Inc's Discovery Letter Brief - re 160 Letter,. (Attachments: # 1 Exhibits 1-8)(Fahnestock, Derek) (Entered: 02/10/2023)
2/10/2023NOTICE OF SERVICE of First Supplemental Objections and Responses to CareDx, Inc.'s Third Set of Interrogatories (Nos. 12-21) To Natera, Inc. filed by Natera, Inc..(Fahnestock, Derek) (Entered: 02/10/2023)
2/10/2023Joint APPENDIX re 166 Joint Claim Construction Brief - by Natera, Inc.. (Attachments: # 1 Exhibits 1-5)(Fahnestock, Derek) (Entered: 02/10/2023)
2/10/2023Supplemental JOINT CLAIM CONSTRUCTION BRIEF on "Targeted PCR" - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 02/10/2023)
2/10/2023REDACTED VERSION of 160 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-6, # 2 Text of Proposed Order)(Farnan, Brian) (Entered: 02/10/2023)
2/8/2023NOTICE OF SERVICE of Natera, Inc.'s Objections and Responses to CareDx, Inc.'s Fourth Set of Interrogatories (No. 23) to Natera, Inc. filed by Natera, Inc..(Fahnestock, Derek) (Entered: 02/08/2023)
2/7/2023 NOTICE of Subpoena to Joshua Sweetkind- Singer by CareDx, Inc. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 02/07/2023)
2/3/2023 DECLARATION re 161 Letter of Derek C. Walter by CareDx, Inc.. (Farnan, Michael) (Entered: 02/03/2023)
2/3/2023 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Reply Discovery Dispute Letter - re 141 Letter, 157 Letter. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 02/03/2023)
2/3/2023[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute - re 153 Joint MOTION for Teleconference to Resolve Discovery Dispute . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Farnan, Michael) (Entered: 02/03/2023)
2/1/2023NOTICE OF SERVICE of (1) Notice of Subpoena Duces Tecum and Ad Testificandum to Sham Dholakia, (2) Notice of Subpoena Duces Tecum and Ad Testificandum to David Hiller, (3) Notice of Subpoena Duces Tecum and Ad Testificandum to John Sninsky and (4) Notice of Subpoena Duces Tecum and Ad Testificandum to Sarah Wang, including copies of the respective subpoenas - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 02/01/2023)
2/1/2023158ORAL ORDER: In light of the fact that the parties have requested the scheduling of a discovery dispute teleconference three times in the past two months regarding nine disputes, (D.I. 85; 132; 150), the Court hereby ORDERS that the procedures for discovery disputes set out in the Amended Scheduling Order, (D.I. 48 at 9-11), shall be amended as follows: With regard to any further discovery disputes among the parties, the Court will hear argument regarding those disputes with counsel appearing in person in Courtroom 2A. Absent further amendment to this Order, following the February 27, 2023 discovery dispute teleconference, the Court will no longer hear argument on such motions during a teleconference. The process for briefing such disputes will otherwise remain the same as set forth in the Amended Scheduling Order. Ordered by Judge Christopher J. Burke on 2/1/2023. (dlb) (Entered: 02/01/2023)
1/31/2023 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Discovery Dispute - re 141 Letter,. (Attachments: # 1 Ex. 1)(Fahnestock, Derek) (Entered: 01/31/2023)
1/31/2023REDACTED VERSION of 141 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-7, # 2 Text of Proposed Order)(Farnan, Brian) (Entered: 01/31/2023)
1/30/2023NOTICE OF SERVICE of Defendant's Final Invalidity Contentions filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/30/2023)
1/30/2023NOTICE OF SERVICE of CareDx's Responses and Objections to Natera's Rule 30(b)(6) Deposition Notice filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/30/2023)
1/30/2023Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/30/2023)
1/27/2023152ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 27, 2023 letter requesting a discovery dispute teleconference regarding three discovery disputes. (D.I. 150) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for February 27, 2023 at 1:00 PM before Judge Christopher J. Burke.; (2) By February 3, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By February 10, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than February 15, 2023, the party seeking relief shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (7) By no later than February 21, 2023, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (8) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the disputes, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 1/27/2023. (dlb) (Entered: 01/27/2023)
1/27/2023Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/27/2023)
1/27/2023 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian) (Entered: 01/27/2023)
1/27/2023149ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion, (D.I. 129), and the briefing related thereto, (D.I. 104; D.I. 121; D.I. 127), and having heard argument on January 23, 2023, hereby ORDERS as follows: (1) With regard to Plaintiff's request that Defendant produce certain source code relating to the accused products, (D.I. 104 at 1-2), the request is GRANTED. It does not appear to be disputed that use of the source code at issue would be a viable (and thus relevant) method by which Plaintiff could attempt to demonstrate that the accused products read on, for example, claim 1 of the '724 patent and claim 2 of the '180 patent. Defendant's main argument here is that there may be other ways for Plaintiff to prove infringement without utilizing source code (which, in turn, is commercially sensitive to Defendant). (D.I. 121 at 1-2; id., ex. 14 at para. 4) But Defendant is not conceding infringement, and Plaintiff is not limited to proving infringement only by using the evidence that Defendant prefers. Here, Plaintiff persuasively argued that the source code may be the best evidence it can use to demonstrate how the accused products infringe the claims. (D.I. 127 at 1) And with regard to the sensitivity of the source code, parties in patent cases are routinely able to manage source code review in a manner that protects the producing partys interests. Cf. Good Tech. Corp. v. MobileIron, Inc., Civil Action No. 14-1308-LPS-CJB, 2015 WL 1458091, at *7 (D. Del. Mar. 27, 2015); Pragmatus AV, LLC v. Yahoo! Inc., Civil Action No. 11-902-LPS-CJB, 2012 WL 4889438, at *11 (D. Del. Oct. 15, 2012). The Court expects the same result here.; (2) With regard to Plaintiff's request that Defendant produce sequences for the primers used by the accused AlloSeq product, (D.I. 104 at 3), the request is GRANTED. Here, it is undisputed that the requested information would be relevant to proving infringement of at least claim 4 of the '180 patent. (D.I. 104 at 3; D.I. 121 at 2; D.I. 127 at 1) Defendant's only argument as to why production should not be required is related to the highly sensitive nature of the discovery material. (D.I. 121, ex. 14 at para. 5) But there is a Protective Order ("PO") in place, (Civil Action No. 19-567-CFC-CJB, D.I. 66), and the Court has no indication that if the PO's dictates are followed there will be any significant chance of inadvertent disclosure of the sequences.; and (3) Lastly, with regard to Plaintiff's request that Defendant produce revenue information for "each product and customer," (D.I. 127 at 1), it is GRANTED. Here, the Court acknowledges that Defendant did a good job of explaining why the production of this information could be burdensome in terms of employee time. (D.I. 121, ex. 15 at paras. 6-9) However, Plaintiff did an equally good job in explaining why this information is vital to its claim for lost profits. (D.I. 104 at 2-3) It could be crucial to Plaintiff's lost profits claim to know which of Defendant's customers purchased which of the accused products -- and how much money they spent to purchase that product. After all, as to AlloSure, the factfinder might eventually conclude that some of Defendants U.S.-based customers would have been likely to purchase from Plaintiff but for Defendant's infringement, but that others would not have. In that scenario, only if Plaintiff has revenue information on a customer-by-customer basis would it be able to articulate what damages relating to the former grouping of customers (i.e., its "lost sales") should look like. Cf. Gyro-Trac Corp. v. King Kong Tools, LLC, Civil Action No. 2:21-cv-2137-RMG, 2022 WL 3025736, at *2-3 (D.S.C. Aug. 1, 2022); Rotex Glob., LLC v. Gerard Daniel Worldwide, Inc., CIV NO. 1:17-CV-2118, 2019 WL 5102165, at *8-9 (M.D. Pa. Oct. 11, 2019). And as for the AlloSeq product, even if the alleged U.S.-based infringement there largely involves internal testing and quality control activities, the requested financial data will likely be used by Plaintiff's expert to help articulate how to properly value damages for such infringing conduct. See Gyro-Trac Corp., 2022 WL 3025736, at *2-3. Ordered by Judge Christopher J. Burke on 1/27/2023. (dlb) (Entered: 01/27/2023)
1/26/2023ANSWER to Amended Complaint, re: 120 Amended Complaint with Jury Demand , COUNTERCLAIM (`544 Patent) against Natera, Inc. by CareDx, Inc..(Farnan, Brian) (Entered: 01/26/2023)
1/26/2023ANSWER to Amended Complaint, re: 119 Amended Complaint with Jury Demand , COUNTERCLAIM (`180 Patent) against Natera, Inc. by CareDx, Inc..(Farnan, Brian) (Entered: 01/26/2023)
1/26/2023ANSWER to Amended Complaint, re: 118 Amended Complaint with Jury Demand , COUNTERCLAIM (`724 Patent) against Natera, Inc. by CareDx, Inc..(Farnan, Brian) (Entered: 01/26/2023)
1/26/2023Amended NOTICE of Subpoena (Susan Scott) - by Natera, Inc. (Fahnestock, Derek) (Entered: 01/26/2023)
1/26/2023NOTICE to Take Deposition of Robert Woodward on February 21, 2023 (Amended) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/26/2023)
1/26/2023NOTICE to Take Deposition of Hal Gibson on February 9, 2023 (Amended) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/26/2023)
1/26/2023NOTICE to Take Deposition of Marica Grskovic on February 1, 2023 (Amended) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/26/2023)
1/24/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Discovery Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(Farnan, Brian) (Entered: 01/24/2023)
1/23/2023Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 1/23/2023. The Court heard the parties' arguments regarding the Joint Motion for Teleconference to Resolve Discovery Dispute. (D.I. 129). The Court took the matter under advisement and will issue an order. (Clerk: O. Bello) APPEARANCES: J. Nardinelli, D. Fahnestock, and A. Clark for Plaintiff; B. Farnan and D. Walter for Defendant (Court Reporter Bonnie Archer) (dlb) (Entered: 01/24/2023)
1/20/2023 NOTICE of Subpoena Duces Tecum and Ad Testificandum to Sarah Wang by Natera, Inc. (Attachments: # 1 Subpoena to Sarah Wang)(Fahnestock, Derek) (Entered: 01/20/2023)
1/20/2023 NOTICE of Subpoena Duces Tecum and Ad Testificandum to John Sninsky by Natera, Inc. (Attachments: # 1 Subpoena to John Sninsky)(Fahnestock, Derek) (Entered: 01/20/2023)
1/20/2023 NOTICE of Subpoena Duces Tecum and Ad Testificandum to David Hiller by Natera, Inc. (Attachments: # 1 Subpoena to David Hiller)(Fahnestock, Derek) (Entered: 01/20/2023)
1/20/2023NOTICE OF SERVICE of Natera, Inc.'s Supplemental and Final Infringement Contentions - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/20/2023)
1/20/2023NOTICE OF SERVICE of Natera's Supplemental Opening Claim Construction Brief on Targeted PCR - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/20/2023)
1/18/2023NOTICE OF SERVICE of Natera's Fifth Set of Interrogatories (Nos. 23-33) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/18/2023)
1/18/2023NOTICE OF SERVICE of CareDx's First Set of Requests for Admission filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/18/2023)
1/17/2023133ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 17, 2023 letter requesting a discovery dispute teleconference regarding three discovery disputes. (D.I. 132) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for February 13, 2023 at 2:00 PM before Judge Christopher J. Burke.; (2) By January 24, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By January 31, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than February 3, 2023, the party seeking relief shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (7) By no later than February 3, 2023, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (8) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the disputes, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 1/17/2023. (dlb) (Entered: 01/17/2023)
1/17/2023 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael) (Entered: 01/17/2023)
1/13/2023SO ORDERED, re 130 Stipulation regarding Supplemental Briefing of Targeted PCR, filed by Natera, Inc. Set Briefing Schedule: Opening Brief due 1/20/2023. Answering Brief due 2/3/2023. Reply Brief due 2/17/2023. Surreplies due by 3/3/2023. Signed by Judge Colm F. Connolly on 1/13/2023. (kmd) (Entered: 01/13/2023)
1/13/2023 STIPULATION and [Proposed] Order regarding Supplemental Briefing of Targeted PCR by Natera, Inc.. (Raucci, Anthony) (Entered: 01/13/2023)
1/11/2023Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Raucci, Anthony) (Entered: 01/11/2023)
1/11/2023NOTICE OF SERVICE of subpoenas to: (i) Dimitri Petrov; (ii) Dusan Kijacic; (iii) David Johnson; (iv) Allison Ryan; (v) Matthew Micah Hill; (vi) Milena Banjevic; (vii) Jing Xu; (viii) Joshua Sweetkind- Singer; and (ix) Johan Baner filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/11/2023)
1/11/2023[SEALED] Letter to The Honorable Christopher J. Burke from Anthony D. Raucci regarding Reply in Support of Discovery Dispute Letter - re 104 Letter. (Raucci, Anthony) (Entered: 01/11/2023)
1/11/2023REDACTED VERSION of 121 Letter, by CareDx, Inc.. (Attachments: # 1 Exhibits 1-16)(Farnan, Brian) (Entered: 01/11/2023)
1/10/2023NOTICE OF SERVICE of Natera, Inc.'s Objections and Responses to CareDx, Inc.'s Notice of Deposition of Natera, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/10/2023)
1/9/2023NOTICE OF SERVICE of Objections and Responses to CareDx, Inc.'s Third Set of Interrogatories (Nos. 12-21) to Natera, Inc. - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/09/2023)
1/9/2023NOTICE OF SERVICE of CareDx, Inc.'s Fourth Set of Interrogatories No. 23 filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/09/2023)
1/5/2023NOTICE to Take Deposition of Steve Chapman on 1/30/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/05/2023)
1/4/2023[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Plaintiff's December 22, 2022 Letter - re 104 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Farnan, Brian) (Entered: 01/04/2023)
1/4/2023Set/Reset Answer Deadlines: CareDx, Inc. answer due 1/26/2023. (dlb) (Entered: 01/04/2023)
1/3/2023First AMENDED COMPLAINT (U.S. Patent No. 11,111,544) against CareDx, Inc.- filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/03/2023)
1/3/2023First AMENDED COMPLAINT (U.S. Patent No. 10,655,180) against CareDx, Inc.- filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/03/2023)
1/3/2023Second AMENDED COMPLAINT (U.S. Patent No. 10,597,724) against CareDx, Inc.- filed by Natera, Inc..(Fahnestock, Derek) (Entered: 01/03/2023)
1/3/2023SO ORDERED D.I. 105 Stipulation to Amend Complaints filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 1/3/2023. (dlb) (Entered: 01/03/2023)
12/30/2022REDACTED VERSION of 106 Notice to Take Deposition by Natera, Inc.. (Fahnestock, Derek) (Entered: 12/30/2022)
12/29/2022REDACTED VERSION of 104 Letter by Natera, Inc.. (Attachments: # 1 Proposed Order, # 2 Exs. 1-8)(Fahnestock, Derek) (Entered: 12/29/2022)
12/27/2022NOTICE OF SERVICE of CareDx Inc.'s Supplemental Responses and Objections to Natera Inc.'s Interrogatories (Nos. 2, 4, 5, 11, 16, 17 & 21) filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/27/2022)
12/23/2022NOTICE to Take Deposition of Susan Scott filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Reginald Seeto filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Marica Grskovic filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Hal Gibson filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Robert Woodward filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Dr. Sham Dolakia filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Sasha King filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022NOTICE to Take Deposition of Jeffrey Salzman filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022[SEALED] NOTICE to Take Deposition of CareDx, Inc. on a date and time as agreed upon by the parties filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/23/2022)
12/23/2022 STIPULATION to Amend Complaints by Natera, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Fahnestock, Derek) (Entered: 12/23/2022)
12/22/2022[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Discovery Dispute. (Attachments: # 1 Proposed Order, # 2 Exs. 1-8)(Fahnestock, Derek) (Entered: 12/22/2022)
12/20/2022NOTICE to Take Deposition of Bernhard Zimmermann on 1/6/2023 (Amended) filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Matthew Rabinowitz on 1/5/2023 (Amended) filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Adam Prewett on 1/9/2023 (Amended) filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of George Gemelos on 1/4/2023 (Amended) filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Zachary Demko on 1/3/2023 (Amended) filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/20/2022)
12/16/2022NOTICE OF SERVICE of Natera, Inc.'s Third Supplemental Identification of Accused Products, Asserted Patents, and Damages Model - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 12/16/2022)
12/16/2022NOTICE OF SERVICE of Defendant's Supplemental Identification of Prior Art References filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/16/2022)
12/16/2022SO ORDERED D.I. 95 MOTION for Pro Hac Vice Appearance of Attorney Sarah M. Cork filed by Natera, Inc.. Ordered by Judge Christopher J. Burke on 12/16/2022. (dlb) (Entered: 12/16/2022)
12/15/2022Official Transcript of Markman Hearing held on December 7, 2022 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer, Email: bonnie_archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/5/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/15/2023. (nmf) (Entered: 12/15/2022)
12/15/2022MOTION for Pro Hac Vice Appearance of Attorney Sarah M. Cork - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 12/15/2022)
12/15/2022CLAIM CONSTRUCTION ORDER re 93 [Proposed] Claim Construction Order. Signed by Judge Colm F. Connolly on 12/15/2022. (nmf) (Entered: 12/15/2022)
12/14/2022 PROPOSED ORDER -- [Proposed] Claim Construction Order -- by Natera, Inc.. (Fahnestock, Derek) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Natera, Inc. on 1/16/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Bernhard Zimmermann on 1/6/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Matthew Rabinowitz on 1/5/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Adam Prewett on 1/9/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of George Gemelos on 1/4/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Zachary Demko on 1/3/2023 filed by CareDx, Inc..(Farnan, Brian) (Entered: 12/14/2022)
12/12/202286ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 9, 2022 letter requesting a discovery dispute teleconference regarding three discovery disputes. (D.I. 85) It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute teleconference is set for January 23, 2023 at 3:00 PM before Judge Christopher J. Burke.; (2) By December 22, 2022, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By January 4, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than January 11, 2023, the party seeking relief shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (7) By no later than January 11, 2023, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (8) The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the disputes, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 12/12/2022. (dlb) (Entered: 12/12/2022)
12/9/2022 Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding request for the scheduling of a discovery teleconference. (Fahnestock, Derek) (Entered: 12/09/2022)
12/7/2022ORAL ORDER: On or before December 14, 2022, the parties shall confer and file a proposed order regarding the claim construction terms that were resolved during the Markman hearing held today. Ordered by Judge Colm F. Connolly on 12/7/2022. (nmf) (Entered: 12/07/2022)
12/7/2022Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 12/7/2022. (Court Reporter Bonnie Archer.) (nmf) (Entered: 12/07/2022)
11/22/2022CLAIM Construction Chart by Natera, Inc.. (Attachments: # 1 Ex. C - '724 Patent, # 2 Ex. D - '180 Patent, # 3 Ex. E - '544 Patent)(Fahnestock, Derek) (Entered: 11/22/2022)
11/22/2022 Letter to The Colm F. Connolly from Derek J. Fahnestock regarding claim construction disputes - re 48 Scheduling Order,,. (Fahnestock, Derek) (Entered: 11/22/2022)
11/21/2022SO ORDERED, re 80 STIPULATION TO EXTEND TIME for the parties to provide a letter memorializing their meet and confer on claim construction and an amended claim construction chart to November 22, 2022, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 11/21/2022. (kmd) (Entered: 11/21/2022)
11/18/2022NOTICE OF SERVICE of CareDx, Inc.'s Third Set of Interrogatories Nos. (12-22) filed by CareDx, Inc..(Farnan, Brian) (Entered: 11/18/2022)
11/18/2022 STIPULATION TO EXTEND TIME for the parties to provide a letter memorializing their meet and confer on claim construction and an amended claim construction chart to November 22, 2022 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 11/18/2022)
11/15/2022NOTICE OF SERVICE of Defendant's Responses and Objections to Natera, Inc.'s Second Set of Requests for Admission (Nos. 14-15) filed by CareDx, Inc..(Farnan, Brian) (Entered: 11/15/2022)
11/14/2022CORRECTING ENTRY: The pdf of Exhibits 1-3 to the parties' Appendix at D.I. 77 has been replaced with a corrected version per request of filer. The pdf has been replaced to add missing bates numbering at the bottom of the pages. (nmf) (Entered: 11/14/2022)
11/10/2022SO ORDERED, re 75 Stipulation to Withdraw the Parties' Joint Claim Construction Brief, Appendices and Associated Motions for Claim Construction (D.I. 24-28), filed by Natera, Inc. Signed by Judge Colm F. Connolly on 11/10/2022. (kmd) (Entered: 11/10/2022)
11/9/2022 APPENDIX re 76 Joint Claim Construction Brief - by Natera, Inc.. (Attachments: # 1 Exs. 1-3, # 2 Exs. 4-12, # 3 Exs. 13-23)(Fahnestock, Derek) (Attachment 1 replaced on 11/14/2022) (nmf, ). (Entered: 11/09/2022)
11/9/2022 JOINT CLAIM CONSTRUCTION BRIEF for U.S. Patent Nos. 10,597,724; 10,655,180; and 11,111,544 filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 11/09/2022)
11/9/2022 STIPULATION and [Proposed] Order to Withdraw the Parties' Joint Claim Construction Brief, Appendices and Associated Motions for Claim Construction (D.I. 24-28) - by Natera, Inc.. (Fahnestock, Derek) (Entered: 11/09/2022)
10/26/2022NOTICE OF SERVICE of Natera's Reply Claim Construction Brief - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 10/26/2022)
10/19/2022NOTICE OF SERVICE of Second Set of Requests for Admission to Defendant CareDX, Inc. (Nos. 14-15) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 10/19/2022)
10/11/2022NOTICE OF SERVICE of CareDx Inc.'s Responses and Objections to Natera Inc.'s Fifth Set of Interrogatories (Nos. 21-22) filed by CareDx, Inc..(Farnan, Brian) (Entered: 10/11/2022)
10/11/2022 ANSWER to 68 Answer to Complaint, Counterclaim (C.A. No. 22-cv-642-CFC) - by Natera, Inc..(Fahnestock, Derek) (Entered: 10/11/2022)
10/11/2022 ANSWER to 67 Answer to Complaint, Counterclaim (C.A. No. 22-cv-641-CFC) - by Natera, Inc..(Fahnestock, Derek) (Entered: 10/11/2022)
9/28/2022NOTICE OF SERVICE of Natera's Opening Claim Construction Brief - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 09/28/2022)
9/20/2022 ANSWER to Complaint with Jury Demand (C.A. No. 22-cv-642-CFC), COUNTERCLAIM against Natera, Inc. by CareDx, Inc..(Farnan, Brian) (Entered: 09/20/2022)
9/20/2022 ANSWER to Complaint with Jury Demand (C.A. No. 22-cv-641-CFC), COUNTERCLAIM against Natera, Inc. by CareDx, Inc..(Farnan, Brian) (Entered: 09/20/2022)
9/12/2022ORAL ORDER, Due to a conflict in the Court's schedule, the Markman Hearing is rescheduled for December 7, 2022 at 9:00 a.m. ORDER, Setting Hearings(The Markman Hearing is re-set for 12/7/2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 9/12/2022. (nmf) (Entered: 09/12/2022)
9/8/2022 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Natera, Inc.'s Opposition to Defendant CareDx, Inc.'s Request for Conference to Discuss Early Section 101 Summary Judgment Motion - re 61 Letter. (Fahnestock, Derek) (Entered: 09/08/2022)
9/8/2022NOTICE OF SERVICE of Natera's Fifth Set of Interrogatories (Nos. 21-22) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 09/08/2022)
9/7/2022Motions No Longer Referred: 64 MOTION for Claim Construction re 62 Claim Construction Chart , 63 MOTION for Claim Construction re 62 Claim Construction Chart . The automatic referrals to the magistrate judge have been removed for these motions. (nmf) (Entered: 09/08/2022)
9/7/2022MOTION for Claim Construction re 62 Claim Construction Chart - filed by CareDx, Inc.(Farnan, Brian) Modified on 9/8/2022 (nmf). (Entered: 09/07/2022)
9/7/2022MOTION for Claim Construction re 62 Claim Construction Chart - filed by Natera, Inc.(Fahnestock, Derek) Modified on 9/8/2022 (nmf). (Entered: 09/07/2022)
9/7/2022CLAIM Construction Chart by Natera, Inc.. (Attachments: # 1 Ex. C - '724 Patent, # 2 Ex. D - '180 Patent, # 3 Ex. E - '544 Patent)(Fahnestock, Derek) (Entered: 09/07/2022)
9/6/2022 Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Request for Conference to Discuss Early Section 101 Summary Judgment Motion. (Farnan, Brian) (Entered: 09/06/2022)
9/6/2022 NOTICE of Withdrawal of CareDx's Motion to Dismiss and Motion for Judgment on the Pleadings by CareDx, Inc. re 49 MOTION to Dismiss for Failure to State a Claim MOTION for Judgment on the Pleadings (Farnan, Brian) (Entered: 09/06/2022)
8/26/2022NOTICE OF SERVICE of CareDx Inc.'s First Supplemental Responses and Objections to Natera Inc.'s Fourth Set of Interrogatories (No. 20) filed by CareDx, Inc..(Farnan, Brian) (Entered: 08/26/2022)
8/22/2022NOTICE OF SERVICE of CareDx, Inc.'s Initial Invalidity Contentions filed by CareDx, Inc..(Farnan, Brian) (Entered: 08/22/2022)
8/18/2022SO ORDERED, re 57 STIPULATION TO EXTEND TIME for Defendant to submit its reply brief in support of its Motion to Dismiss and Motion for Judgment on the Pleadings to 9/6/2022 filed by CareDx, Inc., 49 MOTION to Dismiss for Failure to State a Claim MOTION for Judgment on the Pleadings filed by CareDx, Inc., Set Briefing Schedule: re 49 MOTION to Dismiss for Failure to State a Claim MOTION for Judgment on the Pleadings . (Reply Brief due 9/6/2022.). Signed by Judge Colm F. Connolly on 8/18/2022. (nmf) (Entered: 08/18/2022)
8/16/2022 STIPULATION TO EXTEND TIME for Defendant to submit its reply brief in support of its Motion to Dismiss and Motion for Judgment on the Pleadings to 9/6/2022 - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 08/16/2022)
8/15/2022NOTICE OF SERVICE of (i) CareDx Inc.'s Responses and Objections to Natera Inc.'s Fourth Set of Interrogatories (No. 20) and (ii) CareDx, Inc.'s Responses and Objections to Natera, Inc.'s Fourth Set of Requests for Production (Nos. 177-188) filed by CareDx, Inc..(Farnan, Brian) (Entered: 08/15/2022)
8/10/2022 ANSWERING BRIEF in Opposition re 49 MOTION to Dismiss for Failure to State a Claim MOTION for Judgment on the Pleadings - filed by Natera, Inc..Reply Brief due date per Local Rules is 8/17/2022. (Attachments: # 1 Exs. A-E)(Fahnestock, Derek) (Entered: 08/10/2022)
7/15/2022NOTICE OF SERVICE of (1) Natera's Fourth Set of Requests for Production (Nos. 177-188) and (2) Natera's Fourth Set of Interrogatories (No. 20) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 07/15/2022)
7/11/2022SO ORDERED, re 51 STIPULATION TO EXTEND TIME (1) for Plaintiff Natera, Inc. to respond to Defendant CareDx, Inc.'s Motion to Dismiss and Motion for Judgment on the Pleadings (D.I. 49); and (2) for Defendant's reply brief to August 10, 2022 and August 29, 2022, filed by Natera, Inc. Reset Briefing Schedule: re 49 MOTION to Dismiss for Failure to State a Claim MOTION for Judgment on the Pleadings . Answering Brief due 8/10/2022. Reply Brief due 8/29/2022. Signed by Judge Colm F. Connolly on 7/11/2022. (kmd) (Entered: 07/11/2022)
7/8/2022NOTICE OF SERVICE of Natera, Inc.'s Initial and Supplemental Infringement Contentions filed by Natera, Inc..(Fahnestock, Derek) (Entered: 07/08/2022)
7/8/2022 STIPULATION TO EXTEND TIME (1) for Plaintiff Natera, Inc. to respond to Defendant CareDx, Inc.'s Motion to Dismiss and Motion for Judgment on the Pleadings (D.I. 49); and (2) for Defendant's reply brief to August 10, 2022 and August 29, 2022, respectively - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 07/08/2022)
7/6/2022 OPENING BRIEF in Support re 49 MOTION to Dismiss for Failure to State a Claim MOTION for Judgment on the Pleadings filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 7/20/2022. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 07/06/2022)
7/6/2022 MOTION to Dismiss for Failure to State a Claim , MOTION for Judgment on the Pleadings - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 07/06/2022)
7/5/2022AMENDED SCHEDULING ORDER: Joinder of Parties due by 12/23/2022. Amended Pleadings due by 12/23/2022. Discovery due by 2/17/2023. Dispositive Motions due by 8/11/2023. Joint Claim Construction Brief due by 11/9/2022. A Markman Hearing is set for 12/8/2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Pretrial Conference is set for 1/9/2024 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 1/22/2024 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. See amended scheduling order for further deadlines.. Signed by Judge Christopher J. Burke on 7/5/22. (mlc) (Entered: 07/05/2022)
7/5/2022 PROPOSED ORDER -- [Proposed] Scheduling Order -- by Natera, Inc.. (Attachments: # 1 Letter to The Honorable Christopher J. Burke)(Fahnestock, Derek) (Entered: 07/05/2022)
6/15/2022NOTICE OF SERVICE of CareDx's Initial Disclosures Pursuant to FRCP 26(a)(1)(A) filed by CareDx, Inc..(Farnan, Brian) (Entered: 06/15/2022)
6/15/2022SO ORDERED, re (44 in 1:20-cv-00038-CFC-CJB, 10 in 1:22-cv-00641-CFC, 10 in 1:22-cv-00642-CFC) STIPULATION AND ORDER REGARDING CASE CONSOLIDATION AND SCHEDULING. 20-38-CFC SHALL BE THE LEAD CASE AND ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 20-38-CFC. SCHEDULING ORDER: ( Joinder of Parties due by 12/23/2022., Amended Pleadings due by 12/23/2022., Fact Discovery completed by 2/17/2023., Dispositive Motions due by 8/11/2023., Answering Brief due 9/8/2023., Reply Brief due 9/22/2023., Joint Claim Construction Brief due by 11/9/2022., A Markman Hearing is set for 12/8/2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly., A Final Pretrial Conference is set for 1/9/2024 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly., A Jury Trial is set for 1/22/2024 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly.) Signed by Judge Colm F. Connolly on 6/15/2022. Associated Cases: 1:20-cv-00038-CFC-CJB, 1:22-cv-00641-CFC, 1:22-cv-00642-CFC(nmf) (Entered: 06/15/2022)
6/13/2022Proposed STIPULATION and Order Regarding Case Consolidation by Natera, Inc.. (Fahnestock, Derek) (Entered: 06/13/2022)
6/13/2022NOTICE OF SERVICE of Natera, Inc.'s Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 06/13/2022)
6/10/2022SO ORDERED D.I. 42 MOTION for Pro Hac Vice Appearance of Attorney Abigail E. Clark filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 6/10/2022. (dlb) (Entered: 06/10/2022)
6/7/2022MOTION for Pro Hac Vice Appearance of Attorney Abigail E. Clark - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 06/07/2022)
6/3/2022NOTICE OF SERVICE of Natera, Inc.'s Second Supplemental Identification of Accused Products, Asserted Patents, and Damages Model - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 06/03/2022)
5/19/2022ORAL ORDER granting 40 Parties' request that the Court vacate the June 10, 2022 Markman hearing date., ORDER, terminating Hearings: 6/10/2022 Markman hearing canceled. Ordered by Judge Colm F. Connolly on 5/19/2022. (nmf) (Entered: 05/19/2022)
5/18/2022 Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding the parties request that the Court vacate the June 10, 2022 Markman hearing date. (Fahnestock, Derek) (Entered: 05/18/2022)
5/17/2022SO ORDERED, re 37 STIPULATION TO EXTEND TIME for the parties to notify the Court, by joint letter submission, (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term to May 18, 2022, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 5/17/2022. (kmd) (Entered: 05/17/2022)
5/17/2022SO ORDERED, re 36 Stipulation to Dismiss Without Prejudice Regarding U.S. Patent No. 10,526,658, filed by Natera, Inc. Signed by Judge Colm F. Connolly on 5/17/2022. (kmd) (Entered: 05/17/2022)
5/13/2022 STIPULATION TO EXTEND TIME for the parties to notify the Court, by joint letter submission, (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term to May 18, 2022 - filed by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/13/2022)
5/13/2022 STIPULATION to Dismiss Without Prejudice Regarding U.S. Patent No. 10,526,658 - by Natera, Inc.. (Fahnestock, Derek) (Entered: 05/13/2022)
4/28/2022NOTICE requesting Clerk to remove Felipe Corredor as co-counsel. Reason for request: no longer with the firm. (Fahnestock, Derek) (Entered: 04/28/2022)
4/18/2022NOTICE OF SERVICE of Natera's Responses and Objections to CareDx Fourth Set of Requests for Production of Documents (Nos. 74-113) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 04/18/2022)
4/13/2022SO ORDERED D.I. 33 Stipulation To Amend Scheduling Order filed by Natera, Inc. See Stipulation for details and deadlines ( Amended Pleadings due by 6/24/2022, Fact Discovery completed by 8/5/2022, Opening Expert Reports due by 9/2/2022, Rebuttal Expert Reports due by 10/7/2022.) Ordered by Judge Christopher J. Burke on 4/13/2022. (dlb) (Entered: 04/13/2022)
4/13/2022 STIPULATION to Amend Scheduling Order - by Natera, Inc.. (Fahnestock, Derek) (Entered: 04/13/2022)
4/7/2022NOTICE OF SERVICE of Defendant's Responses and Objections to Natera, Inc.'s First Set of Requests for Admission (Nos. 1-13) filed by CareDx, Inc..(Farnan, Brian) (Entered: 04/07/2022)
4/6/2022NOTICE OF SERVICE of CareDx's Responses and Objections to Third Set of Requests for Production (Nos. 165-176) filed by CareDx, Inc..(Farnan, Brian) (Entered: 04/06/2022)
4/4/2022CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel) (Entered: 04/04/2022)
3/31/2022NOTICE requesting Clerk to remove Anna E. Dwyer as co-counsel.. (Farnan, Michael) (Entered: 03/31/2022)
3/25/2022NOTICE requesting Clerk to remove Charles K. Verhoeven as co-counsel. Reason for request: no longer associated with the case. (Fahnestock, Derek) (Entered: 03/25/2022)
3/24/2022Motions No Longer Referred: 28 MOTION for Claim Construction, 27 MOTION for Claim Construction re 23 Claim Construction Chart. The automatic referrals to the Magistrate Judge, generated by the system, have been removed for these motions. (nmf) (Entered: 03/24/2022)
3/24/2022 WITHDRAWN per 78 Stipulation MOTION for Claim Construction - filed by CareDx, Inc.(Farnan, Brian) Modified on 3/24/2022 (nmf). Modified on 11/10/2022 (kmd). (Entered: 03/24/2022)
3/24/2022 WITHDRAWN per 78 Stipulation MOTION for Claim Construction re 23 Claim Construction Chart - filed by Natera, Inc.(Fahnestock, Derek) Modified on 3/24/2022 (nmf). Modified on 11/10/2022 (kmd). (Entered: 03/24/2022)
3/24/2022 WITHDRAWN per 78 Stipulation APPENDIX re 24 Joint Claim Construction Brief -- Volume 2 of 2 (B00394-B00811) -- by Natera, Inc.. (Fahnestock, Derek) Modified on 11/10/2022 (kmd). (Entered: 03/24/2022)
3/24/2022 WITHDRAWN per 78 Stipulation APPENDIX re 24 Joint Claim Construction Brief -- Volume 1 of 2 (B00001-B00393) -- by Natera, Inc.. (Fahnestock, Derek) Modified on 11/10/2022 (kmd). (Entered: 03/24/2022)
3/24/2022 WITHDRAWN per 78 Stipulation JOINT CLAIM CONSTRUCTION BRIEF for U.S. Patent No. 10,597,724 - filed by Natera, Inc.. (Fahnestock, Derek) Modified on 11/10/2022 (kmd). (Entered: 03/24/2022)
3/24/2022CLAIM Construction Chart by Natera, Inc.. (Attachments: # 1 Exhibit A - Claim Chart with disputed terms, # 2 Exhibit B - '724 Patent)(Fahnestock, Derek) (Entered: 03/24/2022)
3/18/2022NOTICE OF SERVICE of Natera, Inc.'s First Set of Requests for Admission to Defendant CareDx, Inc. (Nos. 1-13) - filed by Natera, Inc..(Fahnestock, Derek) (Entered: 03/18/2022)
3/16/2022NOTICE OF SERVICE of Defendant's Fourth Set of Requests for Production of Documents (Nos. 74-113) filed by CareDx, Inc..(Farnan, Brian) (Entered: 03/16/2022)
2/24/2022NOTICE OF SERVICE of Natera's Third Set of Requests for Production (Nos. 165-176) filed by Natera, Inc..(Fahnestock, Derek) (Entered: 02/24/2022)
2/2/2022Pro Hac Vice Attorney Edward R. Reines, Derek C. Walter, Shawn Chi and Anna E. Dwyer for CareDx, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 02/02/2022)
2/1/2022ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 2/1/2022. (Taylor, Daniel) (Entered: 02/01/2022)
2/1/2022CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) (Entered: 02/01/2022)
1/31/2022SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 5/27/2022. Amended Pleadings due by 5/27/2022. Fact Discovery completed by 7/8/2022. Parties are to refile Markman Briefing. A Markman Hearing is set for 6/10/2022 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Pretrial Conference is set for 7/13/2023 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 7/24/2023 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. The Court has resolved the parties scheduling disputes in the attached order. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/31/2022. (dlb) Modified on 1/31/2022 (dlb). (Entered: 01/31/2022)
1/31/2022SO ORDERED, re 18 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, Anna E. Dwyer, and Shawn Chi, filed by CareDx, Inc. Ordered by Judge Colm F. Connolly on 1/31/2022. (kmd) (Entered: 01/31/2022)
1/31/2022MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, Anna E. Dwyer, and Shawn Chi - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian) (Entered: 01/31/2022)
1/28/2022SO ORDERED, re 17 MOTION for Pro Hac Vice Appearance of Attorney Jeff Nardinelli and Bianca Fox, filed by Natera, Inc. Ordered by Judge Colm F. Connolly on 1/28/2022. (kmd) (Entered: 01/28/2022)
1/28/2022MOTION for Pro Hac Vice Appearance of Attorney Jeff Nardinelli and Bianca Fox - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 01/28/2022)
1/25/2022Joint Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Response to the Court's January 20, 2022 Oral Order - re 15 Oral Order,,,,. (Fahnestock, Derek) (Entered: 01/25/2022)
1/20/202215ORAL ORDER: The Court, having reviewed the parties' January 18, 2022 joint letter regarding Case Management Checklist and Proposed Scheduling Order, (D.I. 13), hereby ORDERS as follows: (1) The Court, having conferred with the District Judge, confirms that the District Judge intends that the substance of the prior referral to Judge Burke as set out in CareDx, Inc. et al. v. Natera, Inc., 19-567-CFC-CJB (11/25/19 Oral Order; D.I. 70) applies in this case, such that, inter alia, the District Judge will hear and decide claim construction in this case.; (2) However, by January 25, 2022, the parties shall meet and confer and shall file a letter of no more than 1 single-spaced page indicating whether they would jointly consent to Judge Burke handling claim construction in the case (and/or if they would jointly consent to Judge Burke handling the entirety of the case). To the extent that the parties do not jointly consent, the letter shall simply indicate that there is not joint consent, without indicating which party/parties do not jointly consent. Ordered by Judge Christopher J. Burke on 1/20/22. (mlc) (Entered: 01/20/2022)
1/19/2022NOTICE OF SERVICE of CareDx Inc.'s Responses and Objections to Natera Inc.'s Third Set of Interrogatories (Nos. 17-19) filed by CareDx, Inc..(Farnan, Brian) (Entered: 01/19/2022)
1/18/2022Joint Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Case Management Checklist and Proposed Scheduling Order - re 11 Oral Order,,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fahnestock, Derek) (Entered: 01/18/2022)
1/18/2022Pro Hac Vice Attorney Sandra L. Haberny for Natera, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) (Entered: 01/18/2022)
1/14/2022SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Felipe Corredor and Kevin P.B. Johnson, filed by Natera, Inc. Ordered by Judge Colm F. Connolly on 1/14/2022. (kmd) (Entered: 01/14/2022)
1/14/2022MOTION for Pro Hac Vice Appearance of Attorney Felipe Corredor and Kevin P.B. Johnson - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek) (Entered: 01/14/2022)
1/4/202211ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). By no later than January 18, 2022, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent" up through and including paragraph numbers 1-5, 7-16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 20-27 of Judge Connolly's "Patent Case Form Scheduling Order for Cases Where Infringement is Alleged" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through trial); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Connolly's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 1/4/2022. (mlc) (Entered: 01/04/2022)
12/29/2021Remark: The Lead/Member case relationship has been terminated between this case, 20-cv-38-CFC and 19-567-CFC as 19-567-CFC is now closed. The parties shall make any future filings in 20-cv-38-CFC only. (nmf) (Entered: 12/29/2021)
12/10/2021Joint STATUS REPORT by CareDx, Inc.. (Farnan, Michael) (Entered: 12/10/2021)
2/4/2020Remark: Civil actions 19-567-CFC-CJB and 20-038-CFC-CJB have been consolidated. Civil action 19-567-CFC-CJB has been designated as the lead case. All documents shall be filed in the lead case only. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:20-cv-00038-CFC-CJB(dlb) (Entered: 02/04/2020)
2/4/2020Per Stipulation, Case associated with lead case: Create association to 1:19-cv-00567-CFC-CJB. (dlb) (Entered: 02/04/2020)
2/4/2020SO ORDERED D.I. 8 MOTION for Pro Hac Vice Appearance of Attorney Charles K. Verhoeven, Andrew M. Holmes, Carl G. Anderson and Sandra Haberny filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 2/4/2020. (dlb) (Entered: 02/04/2020)
2/4/2020SO ORDERED D.I. (9 in 1:20-cv-00038-CFC-CJB, 49 in 1:19-cv-00567-CFC-CJB) Stipulation regarding case consolidation filed by Natera, Inc.. Signed by Judge Christopher J. Burke on 2/4/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:20-cv-00038-CFC-CJB(dlb) (Entered: 02/04/2020)
2/3/2020 STIPULATION and Order Regarding Case Consolidation by Natera, Inc.. (Blumenfeld, Jack) (Entered: 02/03/2020)
1/28/2020MOTION for Pro Hac Vice Appearance of Attorney Charles K. Verhoeven, Andrew M. Holmes, Carl G. Anderson and Sandra Haberny - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Raucci, Anthony) (Entered: 01/28/2020)
1/27/2020SO ORDERED D.I. 7 STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to 3/4/2020 filed by CareDx, Inc. Ordered by Judge Christopher J. Burke on 1/27/2020. (dlb) (Entered: 01/27/2020)
1/27/2020 STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to 3/4/2020 - filed by CareDx, Inc.. (Farnan, Brian) (Entered: 01/27/2020)
1/21/2020REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) (Entered: 01/21/2020)
1/17/2020ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 1/17/2020. (nmf) (Entered: 01/17/2020)
1/15/2020Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) (Entered: 01/15/2020)
1/13/2020 SUMMONS Returned Executed by Natera, Inc.. CareDx, Inc. served on 1/13/2020, answer due 2/3/2020. (Blumenfeld, Jack) (Entered: 01/13/2020)
1/13/2020Summons Issued with Magistrate Consent Notice attached as to CareDx, Inc. on 1/13/2020. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (apk) (Entered: 01/13/2020)
1/13/2020Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Natera, Inc. (apk) (Entered: 01/13/2020)
1/13/2020Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,526,658 B2. (apk) (Entered: 01/13/2020)
1/13/2020Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 01/13/2020)
1/13/2020COMPLAINT filed with Jury Demand against CareDx, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2822962.) - filed by Natera, Inc.(Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(apk) (Entered: 01/13/2020)