`RAVGEN, INC.,
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`
`
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`BIORA THERAPEUTICS, INC.,
`
`
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`
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`Plaintiff,
`
`
`v.
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`
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`Defendant.
`
`Case 1:20-cv-01734-JLH Document 275 Filed 04/22/24 Page 1 of 3 PageID #: 15543
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`
`
`
`
`
`
`
`Plaintiff,
`
`
`v.
`
`
`
`Defendants.
`
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`
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`C.A. No. 20-1646-JLH
`
`
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`
`
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`
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`C.A. No. 20-1734-JLH
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`RAVGEN, INC.,
`)
`
`)
`
`)
`
`)
`
`)
`ARIOSA DIAGNOSTICS, INC.,
`)
`ROCHE SEQUENCING SOLUTIONS, INC.,
`)
`and ROCHE MOLECULAR SYSTEMS, INC.,
`)
`
`)
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`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`[PROPOSED] SCHEDULING ORDER
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`
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`WHEREAS an amended scheduling order was entered in the above-captioned actions on
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`March 28, 2023 coordinating them for pretrial purposes (D.I. 140 in No. 20-1646; D.I. 101 in No.
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`20-1734), including certain deadlines that the Court has extended (e.g., D.I. 327 in No. 20-1646;
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`D.I. 234 in No. 20-1734; Jan. 22, 2024 Order);
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`WHEREAS the Court ordered that the jury trial involving the Roche Defendants shall take
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`place during the week of October 28, 2024, with jury selection on October 25, 2024, and that the
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`Court anticipates it will hear Defendants’ equitable defenses, including inequitable conduct, in
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`both cases concurrently with the first jury trial outside the presence of the jury and will make a
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`decision regarding the schedule at the pretrial conference (Oral Order, D.I. 353 in No. 20-1646;
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`D.I. 273 in No. 20-1734);
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`1
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`
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`Case 1:20-cv-01734-JLH Document 275 Filed 04/22/24 Page 2 of 3 PageID #: 15544
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`
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`WHEREAS the Court ordered that the second jury trial involving Biora will be scheduled
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`after the first trial concludes (Oral Order, D.I. 353 in No. 20-1646; D.I. 273 in No. 20-1734);
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`Now, therefore, it is ORDERED that the above-captioned cases shall continue to be
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`coordinated for pretrial purposes and through a single bench trial on Defendants’ equitable
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`defenses, including inequitable conduct, as set forth in the schedule below:
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`EVENT
`Case Dispositive Motions and
`Daubert Motions
`
`Case Dispositive Hearing Date
`Pretrial Conference for First Jury
`Trial in No. 20-1646 and for
`Bench Trial in Both Cases
`Jury Selection
`Five-Day Jury Trial in No. 20-
`1646 to Commence
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`DEADLINES
`
`Opening: May 2, 2024
`Opposition: May 30, 2024
`Reply: June 13, 2024
`July 3, 2024 at 1:00 PM
`October 18, 2024 at 9:00 AM
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`October 25, 2024
`October 28, 2024
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`It is further ORDERED that the No. 20-1734 case involving Biora Therapeutics, Inc. will
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`
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`receive a separate jury trial, to be scheduled after the first trial has concluded.
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`
`
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`Pretrial Conference for Second
`Jury Trial in No. 20-1734
`Five-Day Jury Trial in No. 20-
`1734 to Commence
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`Dated: April 19, 2024
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`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`
`(to be scheduled)
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`(to be scheduled)
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`
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`Respectfully submitted,
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`MCCARTER & ENGLISH, LLP
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`/s/ Alexandra M. Joyce
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, Delaware 19801
`(302) 984-6300
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`
`2
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`
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`Case 1:20-cv-01734-JLH Document 275 Filed 04/22/24 Page 3 of 3 PageID #: 15545
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`Counsel for Plaintiff Ravgen, Inc.
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`Counsel for Defendant Biora Therapeutics, Inc.
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`RICHARDS, LAYTON & FINGER, P.A.
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`/s/ Christine D. Haynes
`Frederick L. Cottrell, III (#2555)
`Christine D. Haynes (#4697)
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`haynes@rlf.com
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`Attorneys for Defendants Ariosa Diagnostics,
`Inc., Roche Sequencing Solutions, Inc., Roche
`Molecular Systems, Inc.
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`SO ORDERED this
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`22nd
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` day of
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`April
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`, 2024.
`
`The Honorable Jennifer L. Hall
`United States District Judge
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`3
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`
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