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Case 1:17-cv-12194-MLW Document 33 Filed 03/20/18 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`CARIS MPI, INC.,
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`Plaintiff,
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`v.
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`FOUNDATION MEDICINE, INC.
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`Defendant.
`____________________________________
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`C.A. No. 1:17-cv-12194
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`FOUNDATION MEDICINE’S UNOPPOSED MOTION FOR LEAVE TO FILE A
`REPLY BRIEF IN SUPPORT OF FOUNDATION MEDICINE’S MOTION TO DISMISS
`FOR LACK OF PATENTABLE SUBJECT MATTER AND WRITTEN DESCRIPTION
`
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`Pursuant to Local Rule 7.1(b)(3), Defendant Foundation Medicine, Inc. (“FMI”) hereby
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`moves this Court for leave to file a reply brief in support of its motion to dismiss the complaint
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`for lack of patentable subject matter and lack of written description.
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`On January 16, 2018, FMI filed a Motion to Dismiss Plaintiff’s Complaint and an
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`accompanying brief in support thereof (Dkt. Nos. 22, 23). On March 1, 2018, Plaintiff filed an
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`opposition to FMI’s motion (Dkt. No. 31). FMI’s reply brief is necessary to allow FMI to
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`respond to numerous arguments set forth in Caris’s opposition that are unsupported by or
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`inconsistent with the actual claim language of the Patents-in-Suit and applicable case law. The
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`reply brief is also necessary to respond to legal authority cited by Plaintiff that issued after
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`submission of FMI’s motion and to assist the Court in its consideration of FMI’s Motion to
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`Dismiss.
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`A copy of the proposed reply brief is attached hereto as Exhibit A. FMI has conferred
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`with counsel for Plaintiff and Plaintiff does not oppose this motion.
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`

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`Case 1:17-cv-12194-MLW Document 33 Filed 03/20/18 Page 2 of 3
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`Dated: March 20, 2018
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`Respectfully submitted,
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`
`/s/ David B. Bassett
`David B. Bassett (BBO #551148)
`WILMER CUTLER PICKERING HALE
` AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`Tel.: (212) 230-8800
`Fax: (212) 230-8888
`david.bassett@wilmerhale.com
`
`Vinita Ferrera (BBO #631190)
`Alexandra W. Amrhein (BBO #676604)
`Kevin M. Yurkerwich (BBO #689909)
`WILMER CUTLER PICKERING HALE
` AND DORR LLP
`60 State Street
`Boston, MA 02109
`Tel.: (617) 526-6000
`Fax: (617) 526-5000
`vinita.ferrera@wilmerhale.com
`alexandra.amrhein@wilmerhale.com
`kevin.yurkerwich@wilmerhale.com
`
`Attorneys for Defendant
`Foundation Medicine, Inc.
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`
`
`- 2 -
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`

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`Case 1:17-cv-12194-MLW Document 33 Filed 03/20/18 Page 3 of 3
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`LOCAL RULE 7.1 CERTIFICATION
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`Pursuant to Local Rule 7.1(a)(2), I hereby certify that on March 19-20, 2018 the parties
`met and conferred in a good faith effort to resolve or narrow the issues presented by this motion.
`Plaintiff does not oppose this motion.
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`/s/ Alexandra W. Amrhein
`Alexandra W. Amrhein (BBO #676604)
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the above document, filed through the ECF system,
`will be sent electronically to the registered participants of record as identified on the Notice of
`Electronic Filing on March 20, 2018.
`
`/s/ Kevin M. Yurkerwich
`Kevin M. Yurkerwich (BBO #689909)
`
`
`
`

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