Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 1 of 169 PageID: 3450
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF NEW JERSEY
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`Case No.: 2:23-CV-01997-MCA-JSA
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`MONIB ZIRVI, M.D., Ph.D.
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`Plaintiff,
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`v.
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`ILLUMINA, INC., THERMO FISHER
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`SCIENTIFIC, AKIN GUMP STRAUSS
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`HAUER & FELD LLP,
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`LATHAM & WATKINS,
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`RIP FINST, SEAN BOYLE,
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`MATTHEW A. PEARSON,
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`ANGELA VERRECCHIO,
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`ROGER CHIN, and
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`DOUGLAS LUMISH
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` Defendants.
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`____________________________________)
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`NOTICE OF FILING UNDER SEAL CORRECTED EXHIBIT 2 AND THE
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`FULL TEXT OF EXHIBIT 9
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`COMES NOW, Dr. Zirvi and Counsel and files this Notice correcting Exhibit
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`2 and filing the full text of Exhibit 9, in the previously filed ECF No. 107. The
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`original filed Exhibit 2 was erroneous filed with a duplicate of Exhibit 3. Exhibit 9
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`was only provided as a hyper-link in ECF No. 107 and Plaintiff is providing the full
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`text of the linked document herewith as a convenience to the Court and opposing
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`counsel.
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`1
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`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 2 of 169 PageID: 3451
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the forgoing was filed and
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`service through the Court’s ECF filing system on all parties of record on this 15th
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`day of November 2023.
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`Respectfully submitted,
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`LORIUM LAW
`Attorneys for Plaintiff, Dr. Monib Zirvi
`101 N.E. 3rd Avenue, Suite 1800
`Fort Lauderdale, Florida 33301
`Telephone: (954) 462-8000
`Facsimile: (954) 462-4300
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`By: /s/ Joseph D. Garrity
` JOSEPH D. GARRITY
` Florida Bar No. 87531
` jgarrity@loriumlaw.com
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`2
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`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 3 of 169 PageID: 3452
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`CORRECTED EXHIBIT 2 TO ECF No. 107
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`Illumina Announces iSeq 100, Thermo Fisher Partnership
`11/2/23, 11:38 AM
`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 4 of 169 PageID: 3453
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`(https://www.bio-itworldeurope.com/?utm_source=bio- 
`itworld.com&utm_medium=banner&utm_campaign=EF_overall_20230525)
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`Illumina Announces iSeq 100, Thermo Fisher
`Partnership
`
`January 8, 2018
`
`By Allison Prott
`
`January 8, 2018 In the company’s JP Morgan presentation today, Illumina president and CEO Francis deSouza
`summarized the past year for the sequencing giant, highlighted expected areas of growth—consumer
`genomics, non-invasive prenatal testing—and announced the launch of the iSeq 100 Sequencing System and
`library prep partnership with Thermo Fisher.
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`2017 was a banner year for Illumina deSouza announced. 2017 revenue was about $2.75 billion, driven by the
`adoption of platforms and growth in both consumer and clinical genomics, he said. The sequencing
`consumables business grew 30%. The company now has an active install base of 11,000 systems and shipped
`about 285 of its latest platform, the NovaSeq, announced last year (http://www.bio-
`itworld.com/2017/1/9/illumina-launches-novoseq-sequencers-aiming-replace-1900-sequencers.aspx), and 600
`NextSeqs. More than 4,000 of the installed systems are connected to BaseSpace Cloud.
`
`As has become tradition, deSouza also announced the newest Illumina platform to join the fold. The iSeq 100
`(with a name making Bio-IT World’s 2014 Illumina/JP Morgan lede (http://www.bio-
`itworld.com/2014/1/15/what-you-need-know-about-illuminas-new-sequencers.html) seem eerily prescient) is
`actually not new. It’s the research-only next-generation sequencing (NGS) system formerly known as Firey. Jay
`Flatley, Illumina’s former CEO, announced Firey (http://www.bio-itworld.com/2016/1/12/jolly-jay-atley-ushers-
`another-big-year-illumina.html) at JP Morgan in 2016, then predicting a mid-2017 ship date, and the instrument
`was in the hands of beta testers last December. Now ocially dubbed iSeq 100, the cartridge-based platform
`
`https://www.bio-itworld.com/news/2018/01/09/illumina-announces-iseq-100-thermo-fisher-partnership
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`1/4
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`Illumina Announces iSeq 100, Thermo Fisher Partnership
`11/2/23, 11:38 AM
`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 5 of 169 PageID: 3454
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`combines the company's sequencing by synthesis (SBS) chemistry and complementary metal-oxide-
`semiconductor (CMOS) detection technology. It’s an entirely new architecture and boasts a U.S. list price of
`$19,900. Price per sample ranges from $25 to $115.
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`Measuring one cubic foot in size, the iSeq 100 delivers NGS discovery power in the most compact format of any
`Illumina sequencer to date. iSeq can be installed by the user in less than an hour, and generates more than 4
`million reads and 1.2 gigabases per run. Runtimes range from 9 to 18 hours depending on the application,
`deSouza said.
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`“In the ten years since we launched the GenomeAnalyzer, the iSeq development has now let us launch a system
`that is 1/20 the size, 1/20 the capital cost, and produces more data per run at a rate that is ve times faster,”
`deSouza said.
`
`DeSouza said that the iSeq platform delivers the same high quality and rival performance as Illumina’s other
`desktop systems. “This combination of low cost and high accuracy enables a broad range of applications and
`very attractive price points,” he said.
`
`Thanks to the cartridge architecture, Illumina will be able to extend the performance of the system without
`changing the hardware, deSouza said, (though architecture obsolescence has never seemed to concern
`Illumina). He reported that internal R&D teams have already demonstrated 15% faster sequencing already. The
`CMOS sensors can deliver four to ve times more reads, deSouza said. “Ultimately, we believe this will enable
`outputs in the 10s of [gigabases] with runtimes of just a few hours, allowing higher output applications to be
`completed in a single shift.”
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`Initially, Illumina expects customers for the iSeq 100 to come from core and service labs who need to eciently
`manage small-batch, quick-turnaround projects. Other existing customers plan to use iSeq for quality control on
`NGS libraries before higher throughput runs, deSouza reported. In the future, he sees applications monitoring
`hospital acquired infections, testing for food-borne pathogens, and rapid microbiome sequencing.
`
`"The addition of the iSeq 100 has great potential to transform infectious disease surveillance," said Pardis
`Sabeti, Professor of Immunology and Infectious Disease at Harvard T.H. Chan School of Public Health and a
`Broad Institute Member, in a press release issued after deSouza’s presentation. "We anticipate that our lab
`researchers will use it to focus on infectious disease monitoring. We have seen examples of how Illumina
`benchtop systems, like the MiSeq, were instrumental in understanding and addressing disease outbreaks. We
`believe the accuracy of the iSeq 100, coupled with the low cost and small footprint, will allow us to introduce
`NGS capability where it is needed most."
`
`Thermo Fisher
`
`DeSouza also announced a new agreement with Thermo Fisher Scientic that enables Illumina to sell Ion
`AmpliSeq technology to researchers who conduct scientic studies on Illumina's next-generation sequencing
`(NGS) platforms.
`
`Introduced to the market in 2011, Ion AmpliSeq technology was developed to facilitate amplicon sequencing on
`the Ion Torrent NGS systems. The technology leverages highly multiplexed polymerase chain reaction (PCR) to
`quickly and easily capture DNA or RNA targets from very limited samples. It has since proven to be a highly
`desired and effective NGS amplicon sequencing solution for its ease-of-use, scalability, ecient workow and
`ability to provide trusted data in multiple NGS research application areas. To date, more than 1,100 Ion
`AmpliSeq technology studies have been published in peer-reviewed scientic journals.
`
`Illumina’s interest in the technology was driven by the needs of customers, deSouza said. In oncology, in
`particular, the AmpliSeq technology let researchers work with less than ideal samples.  
`
`https://www.bio-itworld.com/news/2018/01/09/illumina-announces-iseq-100-thermo-fisher-partnership
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`2/4
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`Illumina Announces iSeq 100, Thermo Fisher Partnership
`11/2/23, 11:38 AM
`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 6 of 169 PageID: 3455
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`“Thermo Fisher has twenty years of experience in PCR amplication chemistries that has enabled them to
`develop an amplicon library prep that is simple, fast, and robust. The technology has been widely adopted in the
`oncology space because of the high-quality data achievable with low input and degraded samples, such as
`FFPE tissue. But until now those customers have not been able to take advantage of Illumina sequencers,”
`deSouza said. Now Illumina customers will have direct access to the AmpliSeq technology, optimized
`specically for Illumina instruments, deSouza said.
`
`Under the agreement, Thermo Fisher will provide Illumina with Ion AmpliSeq technology for research use.
`Illumina will sell the product directly to its customers under the name AmpliSeq for Illumina. Thermo Fisher will
`continue to sell Ion AmpliSeq chemistry for both IVD and RUO applications to Ion Torrent NGS customers, and
`retains the right to make the technology available on other next-generation sequencing platforms.
`
`Illumina customers will have access to ready-to-order panels as well as AmpliSeq algorithms to create custom
`amplicon assays with Illumina’s DesignStudio (https://www.illumina.com/informatics/sample-experiment-
`management/custom-assay-design.html), online assay design protocol.
`
`We recommend
`
`Diagnostics Partnerships, New Sequencers,
`Technical Advances From Illumina
`Bio It World
`
`Illumina Launches NovaSeq Sequencers, Aiming To
`Replace 1900 Sequencers
`Bio It World
`
`Top 10 Stories Of 2018: Data Science, Five Use
`Cases For AI And Machine Learning, And More
`Bio It World
`
`JP Morgan 2018 News Roundup
`Bio It World
`
`JP Morgan 2018 News Roundup
`Diagnostics World News, 2018
`
`Powered by
`
`Could two-dimensional perovskites fundamentally
`solve the instability of perovskite photovoltaics
`Luoran Chen et al., Chinese Physics B, 2022
`
`Call for Paper - Special section on Smart
`Electromagnetic Environment (SEME)
`Journal of Electronic Science and Technology,
`2023
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`Memristor hyperchaos in a generalized
`Kolmogorov-type system with extreme
`multistability
`Xiaodong Jiao et al., Chinese Physics B, 2023
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`Redox memristors with volatile threshold switching
`behavior for neuromorphic computing
`Yu-Hao Wang et al., Journal of Electronic Science
`and Technology, 2022
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`Topological Properties in Strained Monolayer
`Antimony Iodide
`Danwen Yuan et al., Chinese Physics Letters,
`2021
`
`https://www.bio-itworld.com/news/2018/01/09/illumina-announces-iseq-100-thermo-fisher-partnership
`
`3/4
`
`

`

`Illumina Announces iSeq 100, Thermo Fisher Partnership
`11/2/23, 11:38 AM
`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 7 of 169 PageID: 3456
`  250 First Avenue, Suite 300
`Needham, MA 02494
`
`P: 781.972.5400
`F: 781.972.5425
`E: chi@healthtech.com (mailto:chi@healthtech.com?
`cdtConferenceId=404272006.1663694140&cdtRollupId=404272006.1663694140)
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`4/4
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`

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`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 8 of 169 PageID: 3457
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`FULL TEXT OF EXHIBIT 9 TO ECF No. 107
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`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 9 of 169 PageID: 3458
`-----BEGIN PRIVACY-ENHANCED MESSAGE-----
`Proc-Type: 2001,MIC-CLEAR
`Originator-Name: webmaster@www.sec.gov
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`STANDARD INDUSTRIAL CLASSIFICATION:
`IRS NUMBER:
`STATE OF INCORPORATION:
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`ILLUMINA INC
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`330804655
`CA
`1231
`
`S-1
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`333-33922
`592658
`
`9390 TOWNE CENTRE DRIVE
`SUITE 200
`SAN DIEGO
`CA
`92121
`8585874290
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`9390 TOWN CENTRE DRIVE
`SUITE 200
`SAN DIEGO
`CA
`92121
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`FILING VALUES:
`FORM TYPE:
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`STREET 1:
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`MAIL ADDRESS:
`STREET 1:
`STREET 2:
`CITY:
`STATE:
`ZIP:
`
`</SEC-HEADER>
`<DOCUMENT>
`<TYPE>S-1
`<SEQUENCE>1
`<DESCRIPTION>FORM S-1
`<TEXT>
`
`<PAGE>
`
` As filed with the Securities and Exchange Commission on April 3, 2000
` Registration No. 333-
`- -------------------------------------------------------------------------------
`- -------------------------------------------------------------------------------
` SECURITIES AND EXCHANGE COMMISSION
` Washington, D.C. 20549
`
` --------------
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 10 of 169 PageID: 3459
` FORM S-1
` REGISTRATION STATEMENT
` Under The Securities Act of 1933
`
` --------------
` ILLUMINA, INC.
` (Exact name of Registrant as specified in its charter)
`
` --------------
`<TABLE>
`<S> <C> <C>
` California 3826 33-0804655
` (before reincorporation) (Primary Standard Industrial (I.R.S. Employer
` Classification Code Number) Identification Number)
`</TABLE>
`
`<TABLE>
`<S> <C> <C>
` Delaware
` (after reincorporation)
` (State or other jurisdiction of
` incorporation or organization)
`</TABLE>
`
` 9390 Towne Centre Drive, Suite 200
` San Diego, CA 92121
` (858) 587-4290
` (Address, including zip code, and telephone number, including area code, of
` Registrant's principal executive offices)
`
` --------------
` Jay T. Flatley
` President and Chief Executive Officer
` 9390 Towne Centre Drive, Suite 200
` San Diego, CA 92121
` (858) 587-4290
`(Name, address, including zip code, and telephone number, including area code,
` of agent for service)
`
` --------------
` Please send copies of all communications to:
`
`<TABLE>
`<S> <C>
` Michael J. O'Donnell, Esq. Edwin D. Williamson, Esq.
` Martin J. Waters III, Esq. Sullivan & Cromwell
` Wilson Sonsini Goodrich & Rosati 1701 Pennsylvania Avenue, N.W.
` Professional Corporation Washington, D.C. 20006
` 650 Page Mill Road (202) 956-7500
` Palo Alto, CA 94304
` (650) 493-9300
`</TABLE>
`
` --------------
` Approximate date of commencement of proposed sale to the public:
` As soon as practicable after the effective date of this Registration
` Statement.
`
` If the securities being registered on this Form are to be offered on a
`delayed or continuous basis pursuant to Rule 415 under the Securities Act of
`1933, as amended (the "Securities Act"), please check the following box. [_]
` If this Form is filed to register additional securities for an offering
`pursuant to Rule 462(b) under the Securities Act, please check the following
`box and list the Securities Act registration statement number of the earlier
`effective registration statement for the same offering. [_]
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 11 of 169 PageID: 3460
` If this Form is a post-effective amendment filed pursuant to Rule 462(c)
`under the Securities Act, check the following box and list the Securities Act
`registration statement number of the earlier effective registration statement
`for the same offering. [_]
` If this Form is a post-effective amendment filed pursuant to Rule 462(d)
`under the Securities Act, check the following box and list the Securities Act
`registration statement number of the earlier effective registration statement
`for the same offering. [_]
` If delivery of the prospectus is expected to be made pursuant to Rule 434,
`please check the following box. [_]
`
` --------------
` CALCULATION OF REGISTRATION FEE
`<TABLE>
`- ------------------------------------------------------------------------------
`- ------------------------------------------------------------------------------
`<CAPTION>
` Title of Each Class of
` Securities to be Proposed Maximum Aggregate
` Registered Offering Price(1) Amount of Registration Fee
`- ------------------------------------------------------------------------------
`<S> <C> <C>
`Common stock, $0.01 par
` value................. $100,000,000 $26,400
`- ------------------------------------------------------------------------------
`- ------------------------------------------------------------------------------
`</TABLE>
`(1) Estimated solely for the purpose of computing the amount of the
` registration fee pursuant to Rule 457(o) under the Securities Act of 1933.
`
` The Registrant hereby amends this Registration Statement on such date or
`dates as may be necessary to delay its effective date until the Registrant
`shall file a further amendment which specifically states that this
`Registration Statement shall thereafter become effective in accordance with
`Section 8(a) of the Securities Act of 1933 or until the Registration Statement
`shall become effective on such date as the Commission, acting pursuant to said
`Section 8(a), may determine.
`
`- -------------------------------------------------------------------------------
`- -------------------------------------------------------------------------------
`<PAGE>
`
`++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
`+The information in this preliminary prospectus is not complete and may be +
`+changed. These securities may not be sold until the registration statement +
`+filed with the Securities and Exchange Commission is effective. This +
`+preliminary prospectus is not an offer to sell nor does it seek an offer to +
`+buy these securities in any jurisdiction where the offer or sale is not +
`+permitted. +
`++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
`++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
`+ +
`++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
` Subject to Completion. Dated April 3, 2000.
`
` Shares
`
` Illumina, Inc.
`
` [LOGO] Common Stock
`
` -----------
`
` This is an initial public offering of shares of common stock of Illumina,
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 12 of 169 PageID: 3461
`Inc. All of the shares of common stock are being sold by Illumina.
`
` Prior to this offering, there has been no market for the common stock. It is
`currently estimated that the initial public offering price per share will be
`between $ and $ . Application has been made for quotation of the common
`stock on the Nasdaq National Market under the symbol "ILMN".
`
` See "Risk Factors" beginning on page 8 to read about certain factors you
`should consider before buying shares of the common stock.
`
` -----------
`
` Neither the Securities and Exchange Commission nor any other regulatory body
`has approved or disapproved of these securities or passed upon the accuracy or
`adequacy of this prospectus. Any representation to the contrary is a criminal
`offense.
`
` -----------
`
`<TABLE>
`<CAPTION>
` Per Share Total
` --------- -----
`<S> <C> <C>
`Initial public offering price................................... $ $
`Underwriting discount........................................... $ $
`Proceeds, before expenses, to Illumina.......................... $ $
`</TABLE>
`
` To the extent that the underwriters sell more than shares of common
`stock, the underwriters have the option to purchase up to an additional
`shares from Illumina at the initial public offering price less the underwriting
`discount.
`
` -----------
`
` The underwriters expect to deliver the shares against payment in New York,
`New York on , 2000.
`
`Goldman, Sachs & Co.
`
` Chase H&Q
`
` SG Cowen
`
` -----------
`
` Prospectus dated , 2000.
`<PAGE>
`
` PROSPECTUS SUMMARY
`
` You should read the following summary together with the more detailed
`information regarding our company and our financial statements and notes to
`those statements appearing elsewhere in this prospectus.
`
` Our Business
`
`Overview
`
` We are a leading developer of tools for the large-scale analysis of genetic
`variation and function. Understanding genetic variation and function is
`critical to the development of personalized medicine, a key goal of genomics.
`Our tools will provide information that could be used to improve drugs and
`therapies, customize diagnoses and treatment, and cure disease.
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 13 of 169 PageID: 3462
`
` Completion of the sequencing of the human genome is imminent, and as a
`result, demand is increasing for tools that can assist researchers in
`processing the billions of tests necessary to convert raw genetic data into
`medically valuable information. This requires functional analysis of highly
`complex biological systems, involving a scale of experimentation not practical
`using currently available tools and technologies. Using our technologies, we
`are developing a comprehensive line of products that can address the scale of
`experimentation and the breadth of functional analysis required to achieve the
`goals of molecular medicine.
`
` Our patented BeadArray technology uses fiber optics to achieve a level of
`array miniaturization that allows for a new scale of experimentation. An array
`is a collection of miniaturized test sites arranged on a surface that permits
`many tests, or assays, to be performed in parallel. By arranging our arrays in
`a pattern that matches the wells of standard microtiter plates, we can
`simultaneously process up to 3 million assays, a throughput significantly
`beyond the capability of any technology known to us. We assemble our arrays
`using relatively inexpensive raw materials. Our proprietary manufacturing
`process allows us to easily adapt the arrays to a broad range of applications.
`These advances allow us to create next-generation arrays with a unique
`combination of high throughput, cost effectiveness and flexibility. In
`addition, our complementary Oligator technology permits parallel synthesis of
`the millions of different pieces of DNA necessary to perform large-scale
`genetic analysis on arrays.
`
` We intend to provide both products and services that utilize our proprietary
`technologies. Our first products, developed in partnership with PE Biosystems,
`will include disposable BeadArray cassettes, reagent kits for analyzing
`variation in genetic sequences, and instruments that automatically read data
`from the BeadArray cassettes. An array cassette is a collection of individual
`arrays arranged in a pattern, and a reagent kit is a set of chemicals used for
`performing specific analyses. We also plan to commercialize services for the
`analysis of genetic variation.
`
` 3
`<PAGE>
`
`Our Market Opportunity
`
` We believe that advances in genomics will underpin the future of medicine.
`To date, billions of dollars have been spent on the sequencing of the human
`genome. We anticipate that during the next decade, a substantially greater
`amount will be spent on efforts to understand the function of the genome and to
`apply this information to medicine and related industries. A significant
`portion of these funds will likely be used to purchase tools for the analysis
`of genetic variation and function. We are initially focusing on the key
`techniques for performing these analyses:
`
` .SNP genotyping - a method of determining variation in genetic sequences;
`
` . gene expression profiling - the analysis of which genes are active in a
` particular cell or group of cells; and
`
` . proteomics - the process of determining which proteins are present in
` cells and how they interact.
`
` The complexity of biology, with combinations of over one hundred thousand
`genes and potentially millions of genetic variations, will require an
`unprecedented level of experimentation using these techniques. Unlocking the
`full potential of the markets for these techniques requires a new generation of
`high-throughput, cost-effective technologies.
`
` We believe our technologies will have broad applicability in a variety of
`
`

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`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 14 of 169 PageID: 3463
`other high-growth markets, such as high-throughput screening of pharmaceutical
`candidates and chemical detection. One of our initial collaborations outside of
`healthcare is with The Dow Chemical Company.
`
`Our Technologies
`
` Our proprietary BeadArray technology combines fiber optic bundles and
`specially prepared beads that self-assemble into an array. Each fiber optic
`bundle contains thousands to millions of individual fibers depending on the
`diameter of the bundle. In a separate process, we create sensors by affixing a
`specific type of molecule to each of the billions of microscopic beads in a
`given batch. The particular molecules on a bead define that bead's function as
`a sensor. We combine batches of beads coated with specific molecules to form a
`pool specific to the type of array we intend to create.
`
` To form an array, we typically dip each fiber optic bundle into a pool of
`coated beads. The coated beads are drawn into the wells, one bead per well, on
`the end of each fiber in the bundle. The tens of thousands of beads at the end
`of the fiber optic bundle comprise our BeadArray. One may perform an experiment
`by then dipping the BeadArray into a prepared sample. The molecules in the
`sample bind to their matching molecules on the coated bead. Since each bead
`performs its own assay, we are able to make tens of thousands of quantitative
`measurements simultaneously on each sample.
`
` Using our BeadArray technology, we have addressed the limitations of the
`tools for genetic analysis. We achieve high throughput with a high density of
`test sites per array and our ability to format arrays in a pattern arranged to
`match the wells of standard microtiter plates. We maximize cost effectiveness
`by reducing consumption of expensive reagents and valuable samples, and through
`the low manufacturing cost associated with our BeadArray technology. Our
`ability to vary the size, shape and format of the fiber optic bundles and to
`create specific beads for various applications gives us the flexibility to
`address multiple markets and market segments.
`
` Our proprietary Oligator technology complements our BeadArray technology.
`The Oligator synthesizes in parallel many different short segments of DNA to
`meet the requirements of large-scale genomics applications. We believe that our
`Oligator technology is substantially more cost effective and provides higher
`throughput than available commercial alternatives.
`
` 4
`<PAGE>
`
`Our Strategy
`
` Our goal is to make our BeadArray platform the industry standard for
`products and services utilizing array technologies. We plan to achieve this by:
`
` . focusing on emerging high-growth markets;
`
` . rapidly commercializing our BeadArray technology for SNP genotyping;
`
` . partnering with multiple companies to expand our market opportunity;
`
` . expanding our technologies into multiple product lines; and
`
` . strengthening our technological leadership.
`
`Company Information
`
` We received no revenues during the period from our inception on April 28,
`1998 through December 31, 1998 and approximately $0.5 million in revenues
`during the year ended December 31, 1999. Our net losses were approximately $1.1
`million and $5.5 million, respectively, during the same periods. As of December
`
`

`

`Case 2:23-cv-01997-MCA-JSA Document 109 Filed 11/15/23 Page 15 of 169 PageID: 3464
`31, 1999, our total accumulated deficit was $6.7 million.
`
` We were incorporated in California in April 1998. We intend to reincorporate
`in Delaware prior to the completion of this offering. Our principal executive
`offices are located at 9390 Towne Centre Drive, Suite 200, San Diego,
`California 92121. Our telephone number is (858) 587-4290.
`
` Illumina, BeadArray, Array of Arrays and Oligator are trademarks of our
`company. This prospectus also contains brand names, trademarks or service marks
`of companies other than Illumina, and these brand names, trademarks and service
`marks are the property of their respective holders.
`
` 5
`<PAGE>
`
` The Offering
`
`<TABLE>
`<S> <C>
`Shares offered by Illumina..... shares
`Shares to be outstanding after
` the offering.................. shares
`Proposed Nasdaq National Market
` symbol........................ ILMN
`Use of proceeds................ For general corporate purposes, including
` commercialization of our BeadArray and Oligator
` technologies, research and development, working
` capital, funding our operating losses, capital
` expenditures and potential acquisitions.
`</TABLE>
`
` The above information is based on 24,921,785 shares outstanding as of March
`15, 2000 and excludes:
`
` . 772,295 shares issuable upon exercise of options then outstanding at a
` weighted average exercise price of $0.17 per share as of March 15, 2000;
`
` . 43,183 shares issuable upon exercise of warrants then outstanding at a
` weighted average exercise price of $0.926 per share as of March 15, 2000;
` and
`
` . a total of 1,801,884 shares available for future issuance under our
` various stock plans.
`
` Unless otherwise noted, this prospectus assumes:
`
` . our reincorporation in Delaware prior to this offering;
`
` . the automatic conversion of our outstanding convertible preferred stock
` into common stock upon the closing of this offering;
`
` . the filing of our amended and restated certificate of incorporation
` authorizing a class