TwinStrand Biosciences, Inc. et al v. Guardant Health, Inc.

1:21-cv-01126 | Delaware District Court

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Division Wilmington
Judge Judge Gregory B. Williams
Filed Aug. 3, 2021
Case Flags CASREF, Multi-Media Docs, and PATENT
Magistrate Judge Sherry R. Fallon
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Both
Patents 10,287,631, 10,689,699, 10,752,951, 10,760,127, and 9,752,188
Last Updated: 3 days, 11 hours ago Show Interactive Timeline
Filing Date # Docket Text
3/10/2025REDACTED VERSION of 599 Reply Brief by Guardant Health, Inc.. (Attachments: # 1 Exhibit F, # 2 Certificate of Service)(Castellano, Jeff) (Entered: 03/10/2025)
3/3/2025
  • Replyby Δ
[SEALED] REPLY BRIEF re 592 MOTION Defendant Guardant Health Inc.'s Motion for Relief Under Rule 60(B) filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit F, # 2 Certificate of Service)(Castellano, Jeff) (Entered: 03/03/2025)
2/25/2025REDACTED VERSION of 595 Answering Brief in Opposition, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 02/25/2025)
2/25/2025
  • Motion to Extend Time to File Reply
SO ORDERED, re 597 STIPULATION TO EXTEND TIME for Guardant to file a reply brief in support of its Motion for Relief Under Rule 60(b) to March 3, 2025 filed by Guardant Health, Inc. Signed by Judge Gregory B. Williams on 2/25/25. (jaa) (Entered: 02/25/2025)
2/21/2025
  • Motion to Extend Time to File Replyby Δ
STIPULATION TO EXTEND TIME for Guardant to file a reply brief in support of its Motion for Relief Under Rule 60(b) to March 3, 2025 - filed by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 02/21/2025)
2/18/2025 DECLARATION of William H. Milliken re 595 Answering Brief in Opposition, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Poff, Adam) (Entered: 02/18/2025)
2/18/2025[SEALED] ANSWERING BRIEF in Opposition re 592 MOTION Defendant Guardant Health Inc.'s Motion for Relief Under Rule 60(B) filed by TwinStrand Biosciences, Inc., University of Washington.Reply Brief due date per Local Rules is 2/25/2025. (Poff, Adam) (Entered: 02/18/2025)
2/7/2025REDACTED VERSION of 593 Opening Brief in Support, by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Castellano, Jeff) (Entered: 02/07/2025)
1/31/2025[SEALED] OPENING BRIEF in Support re 592 MOTION Defendant Guardant Health Inc.'s Motion for Relief Under Rule 60(B) filed by Guardant Health, Inc..Answering Brief/Response due date per Local Rules is 2/14/2025. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Castellano, Jeff) (Entered: 01/31/2025)
1/31/2025
  • Motionby Δ
MOTION Defendant Guardant Health Inc.'s Motion for Relief Under Rule 60(B) - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 01/31/2025)
1/30/2025 NOTICE of Withdrawal of Appearance of Brian A. Biggs by Guardant Health, Inc. (Castellano, Jeff) (Entered: 01/30/2025)
12/2/2024REDACTED VERSION of 589 Reply to Response to Motion by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 12/02/2024)
11/21/2024
  • Motion to Fileby Δ
[SEALED] REPLY to Response to Motion re 583 MOTION for Leave to File Supplement Post-Trial Briefing filed by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 11/21/2024)
11/21/2024REDACTED VERSION of 586 Response to Motion by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 11/21/2024)
11/14/2024 DECLARATION re 586 Response to Motion [Declaration of Chandrika Vira] by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit A)(Poff, Adam) (Entered: 11/14/2024)
11/14/2024
  • Motion to Fileby Π
[SEALED] RESPONSE to Motion re 583 MOTION for Leave to File Supplement Post-Trial Briefing filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 11/14/2024)
11/7/2024REDACTED VERSION of 583 MOTION for Leave to File Supplement Post-Trial Briefing by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 11/07/2024)
11/1/2024 NOTICE of Withdrawal of Appearance of Michael A. Sitzman by Guardant Health, Inc. (Biggs, Brian) (Entered: 11/01/2024)
11/1/2024Motions No Longer Referred: 583 MOTION for Leave to File Supplement Post-Trial Briefing (lih) (Entered: 11/01/2024)
10/31/2024
  • Motion to File
[SEALED] MOTION for Leave to File Supplement Post-Trial Briefing - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Castellano, Jeff) Modified on 11/1/2024 (lih). (Entered: 10/31/2024)
9/27/2024NOTICE OF SERVICE of Plaintiffs' Third Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (No. 5) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 09/27/2024)
9/19/2024REDACTED VERSION of 576 Letter by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 09/19/2024)
9/19/2024580
  • Motion to Compel DiscoveryDenied
ORAL ORDER: Having reviewed the parties' submissions (see, e.g., D.I. 575; D.I. 576) in response to the Court's Oral Order of September 5, 2024 (D.I. 574), IT IS ORDERED that the request in Guardant's letter to compel discovery (D.I. 575) is DENIED without prejudice. By no later than September 27, 2024, however, consistent with its commitments to Guardant and if it has not already completely done so, TwinStrand is ORDERED to (1) produce its license agreement with Exact Sciences to Guardant; and (2) supplement its response to Guardant's Interrogatory No. 5. IT IS FURTHER ORDERED that the Parties' joint letter requesting a discovery teleconference (D.I. 573) is DENIED-AS-MOOT. ORDERED by Judge Gregory B. Williams on 9/19/24. (jaa) (Entered: 09/19/2024)
9/16/2024REDACTED VERSION of 575 Letter, to The Honorable Gregory B. Williams from Brian A. Biggs regarding Guardant Health, Inc.s Letter Brief In Support Of Its Motion To Compel by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order, # 8 Certificate of Service)(Biggs, Brian) (Entered: 09/16/2024)
9/13/2024NOTICE requesting Clerk to remove Matthew M. Zuziak as co-counsel.. (Wilson, Samantha) (Entered: 09/13/2024)
9/13/2024 Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Notice of Order Granting Request for Ex Parte Reexamination. (Attachments: # 1 Exhibit A)(Biggs, Brian) (Entered: 09/13/2024)
9/12/2024[SEALED] Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Discovery Dispute - re 575 Letter, 574 Order,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Poff, Adam) (Entered: 09/12/2024)
9/9/2024[SEALED] Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Guardant Health, Inc.s Letter Brief In Support Of Its Motion To Compel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order, # 8 Certificate of Service)(Biggs, Brian) (Entered: 09/09/2024)
9/5/2024574
  • Order
ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 573), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on September 9, 2024, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than 5:00 p.m. on September 12, 2024, any party opposing the request for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 9/5/2024. (lnb) (Entered: 09/05/2024)
9/4/2024Joint Letter to The Honorable Gregory B. Williams from Brian A. Biggs regarding Request for Discovery Teleconference. (Biggs, Brian) (Entered: 09/04/2024)
6/24/2024REDACTED VERSION of 465 Memorandum and Order,, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 06/24/2024)
6/17/2024571
  • Order
ORAL ORDER: The Court has reviewed the parties' letter (D.I. 514) with respect to the redaction of D.I. 465, D.I. 466, and D.I. 469. The Court finds that disclosure of the material in the redactions proposed at D.I. 515 would work a clearly defined and serious injury. Thus, IT IS HEREBY ORDERED that the parties shall submit a public redacted version of D.I. 465 consistent with the redactions proposed in D.I. 515. D.I. 466 and D.I. 469 will be unsealed in their entirety. Ordered by Judge Gregory B. Williams on 6/17/2024. (lnb) (Entered: 06/17/2024)
6/10/2024Document Unsealed. 475 Memorandum and Order unsealed. (lnb) (Entered: 06/10/2024)
6/6/2024 Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Redactions to Sealed Orders - re 568 Order,,,. (Poff, Adam) (Entered: 06/06/2024)
6/6/2024 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Redactions to Sealed Orders - re 568 Order,,,. (Castellano, Jeff) (Entered: 06/06/2024)
5/23/2024568
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that, by no later than fourteen (14) days from the date of this Order, the parties shall file a proposed redacted version of any opinions the Court has issued under seal, along with a motion supported by a declaration that contains a clear, factually detailed explanation as to why disclosure of any proposed redacted material would "work a clearly defined and serious injury to the party seeking closure." See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cr. 2019) (internal quotations omitted). If the parties do not file a proposed redacted version and corresponding motion by the deadline, or if the court determines the motion lacks a meritorious basis, the opinion[s] will be unsealed in whole or in part. Ordered by Judge Gregory B. Williams on 5/22/2024. (lnb) (Entered: 05/23/2024)
4/30/2024REDACTED VERSION of 556 Reply Brief, Defendant Guardant Health Inc.'s Reply Brief in Support of its Renewed Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59 by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 04/30/2024)
4/30/2024REDACTED VERSION of 551 Declaration Stephen Becker, Ph.D.'s Declaration in Support of Defendant Guardant Health Inc.'s Response Brief in Opposition to Plaintiffs' Motions for Enhanced Damages, Attorneys' Fees, and Ongoing Royalty and other Relief by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Castellano, Jeff) (Entered: 04/30/2024)
4/30/2024REDACTED VERSION of 549 Declaration, Declaration of Jeff Castellano in Support of Defendant Guardant Health Inc.'s Answering Brief in Opposition to Plaintiffs' Motion for Enhanced Damages, Attorneys' Fees, and Ongoing Royalty and Other Relief by Guardant Health, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Certificate of Service)(Castellano, Jeff) (Entered: 04/30/2024)
4/30/2024REDACTED VERSION of 548 Answering Brief in Opposition, Defendant Guardant Health Inc.'s Answering Brief in Opposition to Plaintiffs' Motion for Enhanced Damages, Attorneys' Fees, an Ongoing Royalty and Other Relief by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 04/30/2024)
4/30/2024REDACTED VERSION of 550 Answering Brief in Opposition, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/30/2024)
4/30/2024REDACTED VERSION of 557 Reply Brief by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 04/30/2024)
4/22/2024REQUEST for Oral Argument by Guardant Health, Inc. re 530 MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) Or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59
4/22/2024REQUEST for Oral Argument by TwinStrand Biosciences, Inc., University of Washington re 532 MOTION FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF. (Keith, Colin) (Entered: 04/22/2024)
4/17/2024REDACTED VERSION of 555 Reply to Response to Motion by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 04/17/2024)
4/16/2024SO ORDERED, re 553 STIPULATION TO EXTEND TIME to file public versions of the parties' post-trial opposition papers (D.I. 548-551) and any post-trial reply papers filed under seal to April 30, 2024 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 4/15/24. (ntl) (Entered: 04/16/2024)
4/15/2024 DECLARATION re 557 Reply Brief [DECLARATION OF ANNA G. PHILLIPS] by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit R)(Wilson, Samantha) (Entered: 04/15/2024)
4/15/2024
  • Replyby Π
[SEALED] REPLY BRIEF re 532 MOTION FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 04/15/2024)
4/15/2024
  • Motion for Judgment as a Matter of Lawby Δ
[SEALED] REPLY BRIEF re 530 MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) Or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59 filed by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 04/15/2024)
4/11/2024
  • Replyby Δ
[SEALED] REPLY to Response to Motion re 543 MOTION for Approval of Bond and to Stay Execution and Enforcement of Judgment filed by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 04/11/2024)
4/11/2024REDACTED VERSION of 552 Response to Motion, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/11/2024)
4/8/2024 STIPULATION TO EXTEND TIME to file public versions of the parties' post-trial opposition papers (D.I. 548-551) and any post-trial reply papers filed under seal to April 30, 2024 - filed by TwinStrand Biosciences, Inc., University of Washington. (Keith, Colin) (Entered: 04/08/2024)
4/4/2024
  • Responseby Π
[SEALED] RESPONSE to Motion re 543 MOTION for Approval of Bond and to Stay Execution and Enforcement of Judgment [PLAINTIFFS' RESPONSE IN OPPOSITION TO GUARDANT HEALTH INC.'S MOTION FOR APPROVAL OF BOND AND TO STAY EXECUTION AND ENFORCEMENT OF JUDGMENT] filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/04/2024)
4/1/2024[SEALED] DECLARATION re 548 Answering Brief in Opposition, of Stephen Becker, Ph.D. by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Castellano, Jeff) (Entered: 04/01/2024)
4/1/2024
  • Motion for Judgment as a Matter of Lawby Π
[SEALED] ANSWERING BRIEF in Opposition re 530 MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) Or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59 filed by TwinStrand Biosciences, Inc., University of Washington.Reply Brief due date per Local Rules is 4/8/2024. (Poff, Adam) (Entered: 04/01/2024)
4/1/2024[SEALED] DECLARATION re 548 Answering Brief in Opposition, of Jeff Castellano by Guardant Health, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Certificate of Service)(Castellano, Jeff) (Entered: 04/01/2024)
4/1/2024[SEALED] ANSWERING BRIEF in Opposition re 532 MOTION FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 4/8/2024. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 04/01/2024)
3/26/2024REDACTED VERSION of 535 Opening Brief in Support, of MOTION [PLAINTIFFS' MOTIONS FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF] by TwinStrand Biosciences, Inc., University of Washington. (Keith, Colin) (Entered: 03/26/2024)
3/26/2024REDACTED VERSION of 534 Declaration, of Anna G. Phillips by TwinStrand Biosciences, Inc., University of Washington. (Keith, Colin) (Entered: 03/26/2024)
3/26/2024REDACTED VERSION of 533 Declaration, of DeForest McDuff, Ph.D. by TwinStrand Biosciences, Inc., University of Washington. (Keith, Colin) (Entered: 03/26/2024)
3/26/2024REDACTED VERSION of 531 Opening Brief in Support, of Defendant Guardant Health Inc.'s Opening Brief in Support of its Renewed Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59 by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 03/26/2024)
3/22/2024Motions No Longer Referred: 543 MOTION for Approval of Bond and to Stay Execution and Enforcement of Judgment (lih) (Entered: 03/22/2024)
3/21/2024
  • Motion
MOTION for Approval of Bond and to Stay Execution and Enforcement of Judgment - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Castellano, Jeff) Modified on 3/22/2024 (lih). (Entered: 03/21/2024)
3/21/2024SO ORDERED, re 542 STIPULATION AND ORDER TO EXTEND TIME for the parties to file public versions of their opening post-trial briefs and related papers (D.I. 531, 533-535) to March 26, 2024 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 3/21/24. (ntl) (Entered: 03/21/2024)
3/20/2024 STIPULATION TO EXTEND TIME for the parties to file public versions of their opening post-trial briefs and related papers (D.I. 531, 533-535) to March 26, 2024 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/20/2024)
3/19/2024SO ORDERED, re 541 STIPULATION TO EXTEND TIME for the parties to file public versions of their opening post-trial briefs and related papers (D.I. 531, 533-535) to March 20, 2024 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 3/19/24. (ntl) (Entered: 03/19/2024)
3/18/2024 STIPULATION TO EXTEND TIME for the parties to file public versions of their opening post-trial briefs and related papers (D.I. 531, 533-535) to March 20, 2024 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/18/2024)
3/12/2024SO ORDERED, re 540 STIPULATION TO EXTEND TIME for the parties to file public versions of their opening post-trial briefs and related papers (D.I. 531, 533-535) to March 18, 2024 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 3/12/24. (ntl) (Entered: 03/12/2024)
3/11/2024 STIPULATION TO EXTEND TIME for the parties to file public versions of their opening post-trial briefs and related papers (D.I. 531, 533-535) to March 18, 2024 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/11/2024)
3/7/2024
  • Motion to Stay
SO ORDERED, re 539 STIPULATION AND PROPOSED ORDER TO EXTEND THE STAY OF EXECUTION filed by Guardant Health, Inc. Signed by Judge Gregory B. Williams on 3/7/24. (ntl) (Entered: 03/07/2024)
3/6/2024 STIPULATION AND PROPOSED ORDER TO EXTEND THE STAY OF EXECUTION OF JUDGMENT by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 03/06/2024)
3/5/2024REDACTED VERSION of 529 Notice (Other) of Lodging of Trial Demonstratives by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 03/05/2024)
3/5/2024REDACTED VERSION of 528 Notice (Other) of Lodging of Trial Demonstratives by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 03/05/2024)
3/5/2024REDACTED VERSION of 527 Notice (Other) of Lodging of Trial Demonstratives by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 03/05/2024)
3/5/2024Motions No Longer Referred: 532 MOTION. (lih) (Entered: 03/05/2024)
3/4/2024[SEALED] OPENING BRIEF in Support re 532 MOTION [PLAINTIFFS' MOTIONS FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF] filed by TwinStrand Biosciences, Inc., University of Washington.Answering Brief/Response due date per Local Rules is 3/18/2024. (Poff, Adam) (Entered: 03/04/2024)
3/4/2024[SEALED] DECLARATION re 532 MOTION [PLAINTIFFS' MOTIONS FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF] (Declaration of Anna G. Phillips) by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 A, # 2 B, # 3 C, # 4 D, # 5 E, # 6 F, # 7 G, # 8 H, # 9 I, # 10 J, # 11 K, # 12 L, # 13 M, # 14 N, # 15 O, # 16 P, # 17 Q)(Poff, Adam) (Entered: 03/04/2024)
3/4/2024[SEALED] DECLARATION re 532 MOTION [PLAINTIFFS' MOTIONS FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF] (Declaration of DeForest McDuff, Ph.D.) by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 03/04/2024)
3/4/2024
  • Motion
MOTION FOR ENHANCED DAMAGES, ATTORNEYS' FEES, AN ONGOING ROYALTY, AND OTHER RELIEF - filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) Modified on 3/5/2024 (lih). (Entered: 03/04/2024)
3/4/2024[SEALED] OPENING BRIEF in Support re 530 MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) Or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59 filed by Guardant Health, Inc..Answering Brief/Response due date per Local Rules is 3/18/2024. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 03/04/2024)
3/4/2024
  • Motion for Judgment as a Matter of Lawby Δ
MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(b) Or, in the Alternative, New Trial Pursuant to Federal Rule of Civil Procedure 59 - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeff) (Entered: 03/04/2024)
2/27/2024[SEALED] NOTICE of Lodging of Trial Demonstratives by Guardant Health, Inc. (Attachments: # 1 Exhibit A)(Castellano, Jeff) (Entered: 02/27/2024)
2/27/2024[SEALED] NOTICE of Lodging of Trial Demonstratives by Guardant Health, Inc. (Attachments: # 1 Exhibit A)(Castellano, Jeff) (Entered: 02/27/2024)
2/27/2024[SEALED] NOTICE of Lodging of Trial Demonstratives by Guardant Health, Inc. (Attachments: # 1 Exhibit A)(Castellano, Jeff) (Entered: 02/27/2024)
2/22/2024Pro Hac Vice Attorney Travis Jensen for Guardant Health, 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. (apk) (Entered: 02/22/2024)
2/21/2024
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 525 MOTION for Pro Hac Vice Appearance of Attorney Travis Jensen. Signed by Judge Sherry R. Fallon on 2/21/2024. (lih) (Entered: 02/21/2024)
2/21/2024526Pro Hac Vice Fee - Credit Card Payment received for Travis Jensen. ( re 525 MOTION for Pro Hac Vice Appearance of Attorney Travis Jensen )( Payment of $ 50, receipt number ADEDC-4343110).(Larson, Erin) (Entered: 02/21/2024)
2/21/2024DEFICIENCY NOTICE by the Court issued to Guardant Health, Inc. re 525 Motion for Leave to Appear Pro Hac Vice. Per the December 21, 2023 Standing Order, the fee of $50.00 shall be paid upon the filing of a motion. (lih) (Entered: 02/21/2024)
2/20/2024
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Travis Jensen - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Larson, Erin) (Entered: 02/20/2024)
2/15/2024REDACTED VERSION of 522 Notice (Other) by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 02/15/2024)
2/15/2024REDACTED VERSION of 521 Notice (Other) by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Part 2 of 4, # 2 Part 3 of 4, # 3 Part 4 of 4)(Wilson, Samantha) (Entered: 02/15/2024)
2/8/2024[SEALED] NOTICE of Lodging by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 02/08/2024)
2/8/2024[SEALED] NOTICE of Lodging by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 02/08/2024)
2/6/2024
  • Motion for Judgment
JUDGMENT in favor of TwinStrand Biosciences, Inc., University of Washington against Guardant Health, Inc. in the amount of $83,400,000. Signed by Judge Gregory B. Williams on 2/5/24. (ntl) (Entered: 02/06/2024)
2/2/2024REDACTED VERSION of 515 Exhibit to a Document by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 02/02/2024)
1/29/2024 NOTICE of Change of Firm Name by Guardant Health, Inc. (Biggs, Brian) (Entered: 01/29/2024)
1/26/2024 DECLARATION re 514 Letter [DECLARATION OF KAREN K. DABBS] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 01/26/2024)
1/26/2024 DECLARATION re 514 Letter [DECLARATION OF JOHN SAIA] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 01/26/2024)
1/26/2024[SEALED] EXHIBIT re 514 Letter by TwinStrand Biosciences, Inc.. (Poff, Adam) (Entered: 01/26/2024)
1/26/2024Joint Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding the Court's January 19, 2024 Order - re 513 Order,,,. (Poff, Adam) (Entered: 01/26/2024)
1/19/2024513
  • Order
ORAL ORDER: Having reviewed the parties' proposed redactions to D.I. 465, D.I. 466 and D.I. 469 (see D.I. 506, D.I. 507, and D.I. 508) IT IS HEREBY ORDERED that, by no later than 5:00 PM on January 26, 2023, the parties shall jointly submit a letter of no more than three (3) pages offering a factually detailed explanation as to why disclosure of the redacted material would "work a clearly defined and serious injury to the party seeking closure." See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019) (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994) (internal quotation marks omitted)). Absent a compelling reason, supported by a statement under oath by a party, redactions must be done so as to redact the least possible amount of the materials submitted. See D.I. 296. ORDERED by Judge Gregory B. Williams on 1/19/24. (ntl) (Entered: 01/19/2024)
12/12/2023REDACTED VERSION of 509 Letter by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 12/12/2023)
12/7/2023REDACTED VERSION of 492 Opening Brief in Support, Defendant Guardant Health Inc.'s Brief in Support of Its Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(a) by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 12/07/2023)
12/5/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Proposed Final Judgment - re 502 Order,. (Castellano, Jeff) (Entered: 12/05/2023)
12/5/2023[SEALED] Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding Proposed Final Judgment - re 502 Order,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wilson, Samantha) (Entered: 12/05/2023)
12/5/2023CORRECTING ENTRY: Redacted documents at D.I. 503 & 509 were removed from the docket per request of counsel. (ntl) (Entered: 12/05/2023)
12/4/2023REDACTED VERSION of 469 Memorandum and Order by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 12/04/2023)
12/4/2023REDACTED VERSION of 466 Memorandum and Order,, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 12/04/2023)
12/4/2023REDACTED VERSION of 465 Memorandum and Order,, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 12/04/2023)
12/4/2023REDACTED VERSION of 478 Amended Document, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8, # 9 9, # 10 10, # 11 11, # 12 12, # 13 13, # 14 14, # 15 17)(Wilson, Samantha) (Entered: 12/04/2023)
12/4/2023REDACTED VERSION of 460 Proposed Pretrial Order,, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8, # 9 9, # 10 10, # 11 11, # 12 12, # 13 13, # 14 14, # 15 15, # 16 16, # 17 17)(Wilson, Samantha) (Entered: 12/04/2023)
11/29/2023502
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that, on or before December 5, 2023, each party shall submit a letter brief, not to exceed two (2) pages, setting forth and supporting its position on whether judgment should be granted on the invalidity defenses. ORDERED by Judge Gregory B. Williams on 11/29/23. (ntl) (Entered: 11/29/2023)
11/29/2023
  • Scheduling Order
SUPPLEMENTAL SCHEDULING ORDER regarding post-trial briefing schedule. Signed by Judge Gregory B. Williams on 11/29/23. (ntl) (Entered: 11/29/2023)
11/27/2023
  • Motionby Π
PROPOSED ORDER - [Proposed] Judgment by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 11/27/2023)
11/27/2023Joint STATUS REPORT by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 11/27/2023)
11/15/2023[SEALED] Jury Notes. (ntl) (Entered: 11/15/2023)
11/14/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial (day 5) completed on 11/14/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/15/2023)
11/14/2023REDACTED PUBLIC VERSION of 496 Jury Verdict. (ntl) (Entered: 11/14/2023)
11/14/2023[SEALED] JURY VERDICT. (ntl) (Entered: 11/14/2023)
11/14/2023VERDICT FORM. (ntl) (Entered: 11/14/2023)
11/14/2023Final Jury Instructions. (ntl) (Entered: 11/14/2023)
11/14/2023493
  • Motion for Judgment as a Matter of LawDenied
ORAL ORDER: For the reasons set forth by the Court on the record during its rulings on November 13, 2023, IT IS HEREBY ORDERED that Guardant's Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(a) (D.I. 491) is DENIED. ORDERED by Judge Gregory B. Williams on 11/14/23. (ntl) (Entered: 11/14/2023)
11/14/2023SO ORDERED, re 487 STIPULATION TO EXTEND TIME to File Proposed Pretrial and Trial-Related Redactions to December 4, 2023 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 11/14/23. (ntl) (Entered: 11/14/2023)
11/13/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial held (day 4) on 11/13/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/14/2023)
11/13/2023[SEALED] OPENING BRIEF in Support re 491 MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(a) filed by Guardant Health, Inc..Answering Brief/Response due date per Local Rules is 11/27/2023. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 11/13/2023)
11/13/2023
  • Motion for Judgment as a Matter of Lawby Δ
MOTION for Judgment as a Matter of Law Defendant Guardant Health Inc.'s Motion for Judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(a) - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)(Castellano, Jeff) (Entered: 11/13/2023)
11/13/2023Proposed Jury Instructions by TwinStrand Biosciences, Inc., University of Washington [Final Jury Instructions]. (Wilson, Samantha) (Entered: 11/13/2023)
11/10/2023Proposed Jury Instructions by TwinStrand Biosciences, Inc., University of Washington [Proposed] Final Jury Instructions. (Poff, Adam) (Entered: 11/10/2023)
11/10/2023VERDICT SHEET by TwinStrand Biosciences, Inc., University of Washington [PROPOSED] VERDICT FORM. (Poff, Adam) (Entered: 11/10/2023)
11/10/2023 STIPULATION TO EXTEND TIME to File Proposed Pretrial and Trial-Related Redactions to December 4, 2023 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 11/10/2023)
11/8/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial held (day 3) on 11/8/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/09/2023)
11/8/2023REDACTED VERSION of 471 Letter, regarding Supplemental Claim Construction Issues by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Castellano, Jeff) (Entered: 11/08/2023)
11/8/2023
  • Order
SO ORDERED, re 481 STIPULATION AND [PROPOSED] ORDER FOR EXEMPTION OF PERSON FROM THE DISTRICT OF DELAWARE'S MAY 15, 2023 STANDING ORDER ON PERSONAL DEVICES filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 11/8/23. (ntl) (Entered: 11/08/2023)
11/7/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial held (day 2) on 11/7/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/08/2023)
11/7/2023484
  • Order
ORAL ORDER: Having reviewed the parties respective letter briefs, D.I. 482 and 483, and the Court's prior supplemental claim construction order, D.I. 475, the Court notes and reminds the parties of its prior findings set forth in D.I. 475 that "iterative or simultaneous performance is within the scope of the claims", "[t]he specification does not clearly disclaim simultaneous or iterative processing", "instead, the specification appears to contemplate simultaneous and iterative processing", "Figure 10 of both Asserted Patents contains code that iterates th[r]ough a strand sequence read on a position-by-position basis, compares sequence reads, identifies complementary bases, and adds any consensus bases to a consensus sequence", and "the Court construes the claims to include simultaneous or iterative performance." Thus, with regard to the language identified as being in dispute by the parties with respect to their competing proposals of the language that should go the jury for claim 1 of the '631 patent, the Court finds that the third sentence should read as follows: "Iteratve or simultaneous performance is within the scope of the claims, provided that the steps listed above are performed in the order recited." For claim 22 of the '127 patent, the second sentence should read as follows: "Iteratve or simultaneous performance is within the scope of the claims, provided that the steps are performed in the order recited." ORDERED by Judge Gregory B. Williams on 11/7/23. (ntl) (Entered: 11/07/2023)
11/6/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial held (day 1) on 11/6/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/07/2023)
11/6/2023 Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Claim Construction. (Poff, Adam) (Entered: 11/06/2023)
11/6/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Defendant Guardant Health, Inc.'s Letter Brief Regarding Order of Steps. (Attachments: # 1 Exhibit A)(Castellano, Jeff) (Entered: 11/06/2023)
11/6/2023
  • Motionby Π
STIPULATION AND [PROPOSED] ORDER FOR EXEMPTION OF PERSON FROM THE DISTRICT OF DELAWARE'S MAY 15, 2023 STANDING ORDER ON PERSONAL DEVICES by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 11/06/2023)
11/6/2023Preliminary Jury Instructions. (ntl) (Entered: 11/06/2023)
11/6/2023Voir Dire. (ntl) (Entered: 11/06/2023)
11/3/2023[SEALED] AMENDED DOCUMENT by TwinStrand Biosciences, Inc., University of Washington. Amendment to 460 Proposed Pretrial Order,, (SEALED [PROPOSED] JOINT FINAL PRETRIAL ORDER). (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 17)(Wilson, Samantha) (Entered: 11/03/2023)
11/3/2023Proposed Voir Dire by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 11/03/2023)
11/3/2023Proposed Jury Instructions by TwinStrand Biosciences, Inc., University of Washington [PRELIMINARY JURY INSTRUCTIONS]. (Wilson, Samantha) (Entered: 11/03/2023)
11/3/2023
  • Motion for Claim Construction
MEMORANDUM ORDER regarding claim construction. Signed by Judge Gregory B. Williams on 11/3/23. This order has been emailed to local counsel. (ntl) (Main Document 475 unsealed and replaced on 6/10/2024) (lnb). Modified on 6/10/2024 (lnb). (Entered: 11/03/2023)
11/3/2023
  • Order
SO ORDERED, re 473 STIPULATION and [Proposed] Order for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices filed by Guardant Health, Inc. Signed by Judge Gregory B. Williams on 11/3/23. (ntl) (Entered: 11/03/2023)
11/2/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Pretrial Conference/Markman Hearing held on 11/2/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/02/2023)
11/2/2023
  • Motionby Δ
STIPULATION and [Proposed] Order for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 11/02/2023)
11/2/2023
  • Order
SO ORDERED, re 470 STIPULATION AND [PROPOSED] ORDER FOR EXEMPTION OF PERSONS FROM THE DISTRICT OF DELAWARE'S MAY 15, 2023 STANDING ORDER ON PERSONAL DEVICES filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 11/2/23. (ntl) (Entered: 11/02/2023)
11/1/2023[SEALED] Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Defendant Guardant Health, Inc.'s Answering Letter Brief Regarding Supplemental Claim Construction Issues - re 468 Letter, 462 Order,,,,,, Set Hearings,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Castellano, Jeff) (Entered: 11/01/2023)
11/1/2023
  • Motionby Π
STIPULATION AND [PROPOSED] ORDER FOR EXEMPTION OF PERSONS FROM THE DISTRICT OF DELAWARE'S MAY 15, 2023 STANDING ORDER ON PERSONAL DEVICES by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 11/01/2023)
11/1/2023
  • Order
[SEALED] ORDER regarding the Court's decisions on the motions in limine. Signed by Judge Gregory B. Williams on 11/1/23. This Order has been emailed to local counsel. (ntl) (Entered: 11/01/2023)
10/31/2023 Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding response to the Court's Oral Order (D.I. 462) - re 462 Order,,,,,, Set Hearings,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wilson, Samantha) (Entered: 10/31/2023)
10/31/2023467
  • Order
ORAL ORDER: Having reviewed the parties' letters (D.I. 331, D.I. 357, and D.I. 367) regarding Guardant's Motion to Strike Dr. Pachter's Reports and Opinions Regarding the Doctrine of Equivalents ("DOE") (D.I. 330), and for the reasons stated herein, IT IS HEREBY ORDERED that Guardant's Motion to Strike (D.I. 330) is GRANTED. Dr. Pachter will not be allowed to present a theory of infringement of the 631 or 127 patents based on the DOE. Plaintiffs possess the "obligation to articulate, in a timely manner, contentions and then expert opinion and linking evidence specifically directed to the claim elements it contends are met... by a theory of equivalents, under the function/way/result and/or insubstantial differences tests." Arendi SARL v. LG Electronics Inc., C.A. No. 12-1595-GBW, D.I. 248 (Oral Order) (D. Del. Jan. 25, 2021). The Court finds that Plaintiffs' passing reference to the doctrine of equivalents in its Final Infringement Contentions did not meet its burden to affirmatively disclose its theory. See id. (striking DOE opinions when a party made "passing reference to DOE in its complaints" and first presented evidence of its theory in a reply expert report); see also, e.g., D.I. 331 at Ex. 4 (Plaintiffs' Final Infringement Contentions And Claim Charts) ("In the event that any claim limitation is deemed to be missing under a literal infringement analysis Plaintiffs reserve the right to demonstrate the presence of a substantial equivalent of such a limitation and pursue infringement under the doctrine of equivalents."). Moreover, the Court finds that Plaintiffs did not disclose its DOE theory until service of Dr. Pachter's expert report. Such disclosure was untimely because Plaintiffs "cannot avoid the boundaries of its timely infringement contentions by not disclosing the substance of its doctrine of equivalents... contentions until its... Opening Expert Report." Fairchild Semiconductor Corp. v. Power Integrations Inc., No. 12-540-LPS, D.I. 162 (Oral Order) (D. Del. Oct. 22, 2014) (granting a motion to strike). Because Plaintiffs' disclosure of its DOE theory was untimely, the Court next turns to the Pennypack factors. The Court finds that the Pennypack factors support exclusion under the circumstances. Guardant would be prejudiced by allowing Plaintiffs to proceed on its untimely contentions because Guardant would be forced to present new defenses for the asserted DOE theories without the benefit of fact discovery. Guardant could not cure this prejudice without undue expense and/or delay, including disruption of the currently-scheduled trial. See D.I. 331 at 3, Fairchild, No. 12-540-LPS at D.I. 162; TQ Delta, LLC v. Adtran, Inc., 2020 WL 4529865 (D. Del. July 31, 2020) ("a belated attempt to introduce a DOE theory of infringement is not a mere correction of information, but instead, creates a new ballgame.") (internal citations omitted). Guardant has represented that, with knowledge of Plaintiffs' DOE theories, Guardant would have explored additional prior art (including from third parties), explored a potential ensnarement defense, and developed additional technical non-infringement contentions based on its product information and source code. D.I. 367 at 2. While the Court does not find that Plaintiffs acted in bad faith, Plaintiffs did fail to comply with the Court's scheduling order for identifying its infringement contentions. Plaintiffs allege that their DOE contentions rely on the same underlying facts as their direct infringement claims. D.I. 357 at 1,3. Thus, Plaintiffs could have, but chose not to, disclose their DOE theories. See TQ Delta, LLC v. Coxcom LLC, C.A. No. 15-612-GWB, D.I. 455, at *12 (D. Del. May 24, 2022) (striking DOE because, inter alia, plaintiff had possession of evidence underlying DOE theory for three (3) months). While exclusion of Plaintiffs' untimely DOE theories may limit their contentions, Plaintiffs may still proceed on the underlying evidence and their timely-filed contentions. Accordingly, the Court finds that exclusion of Dr. Pachter's Reports and Opinions Regarding the DOE is appropriate under the circumstances. ORDERED by Judge Gregory B. Williams on 10/31/23. (ntl) (Entered: 10/31/2023)
10/31/2023
  • Motion to StrikeDenied
[SEALED] MEMORANDUM ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents, D.I. 349 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports is GRANTED-IN-PART AND DENIED-INPART. Signed by Judge Gregory B. Williams on 10/31/23. This order has been emailed to local counsel. (ntl) (Entered: 10/31/2023)
10/31/2023
  • Motion for Summary JudgmentDenied
[SEALED] MEMORANDUM ORDER: 1. Guardant's Motions for Partial Summary Judgment of Non-infringement of the '631 Patent is DENIED. 2. Plaintiffs' Daubert Motion to Exclude Dr. Becker's PatentSight and Lens.Org Opinions is DENIED. 3. Guardant's Motion to Exclude Dr. Patcher's Technical Contribution Opinions is DENIED. 4. Guardant's Motion to Exclude Dr. McDuffs Opinions Regarding Guardant's License to FMI is DENIED. 5. Guardant's Motion to Exclude Dr. McDuff's Expert Opinions Regarding the TwinStrand-FMI License is GRANTED. Signed by Judge Gregory B. Williams on 10/31/23. This order has been emailed to local counsel. (ntl) (Entered: 10/31/2023)
10/31/2023SO ORDERED, re 461 STIPULATION TO EXTEND TIME to file a public version of the Proposed Joint Final Pretrial Order and related exhibits (D.I. 460) to November 16, 2023 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 10/31/23. (ntl) (Entered: 10/31/2023)
10/31/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 464 MOTION for Pro Hac Vice Appearance of Attorney Tracy Block. Signed by Judge Sherry R. Fallon on 10/31/2023. (lih) (Entered: 10/31/2023)
10/30/2023
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Tracy Block - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 10/30/2023)
10/30/2023463
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that there will be no proceedings on November 9, 2023 for the currently scheduled five (5) day jury trial. November 14, 2023 will be added as a trial date. ORDERED by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023)
10/30/2023462
  • Order
ORAL ORDER: Having reviewed the parties' request for supplemental claim construction briefing (D.I. 460, Ex. 17,) IT IS HEREBY ORDERED that by no later than 5:00 p.m. on October 31, 2023, Plaintiffs shall file an opening letter brief of no more than five (5) pages identifying and supporting their positions on (1) whether prosecution history estoppel and/or waiver estops Plaintiffs from arguing that Y-shaped adaptors ligated to barcodes satisfy the "strand-distinguishing nucleotide sequence" limitation of the '631 patent, and (2) whether the claims of the '631 and '127 patent must be performed in the recited order. By no later than 5:00 p.m. on November 1, 2023, Defendant shall file an answering letter brief of no more than five (5) pages on the same issues. A supplemental claim construction hearing is scheduled for November 2, 2023, at 2:00 p.m., in Courtroom 6B. The Court will allocate one (1) hour for the hearing with each side having no more than thirty (30) minutes for its presentation on the terms in dispute. The parties should deliver to Chambers paper copies of the slides they intend to use during their presentations by no later than 10:00 a.m. on November 2, 2023. ORDERED by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023)
10/30/2023 STIPULATION TO EXTEND TIME to file a public version of the Proposed Joint Final Pretrial Order and related exhibits (D.I. 460) to November 16, 2023 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 10/30/2023)
10/26/2023
  • Motionby Π
[SEALED] Proposed Pretrial Order by TwinStrand Biosciences, Inc., University of Washington. (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 Part 1 of 3, # 17 Exhibit 16 Part 2 of 3, # 18 Exhibit 16 Part 3 of 3, # 19 Exhibit 17)(Wilson, Samantha) (Entered: 10/26/2023)
10/25/2023CORRECTING ENTRY: Corrected document added to D.I. 459 per request of counsel. (ntl) (Entered: 10/25/2023)
10/24/2023Proposed Jury Instructions by TwinStrand Biosciences, Inc., University of Washington - [PROPOSED] FINAL JURY INSTRUCTIONS. (Wilson, Samantha) (Main Document 459 replaced on 10/25/2023) (ntl). (Entered: 10/24/2023)
10/24/2023Proposed Jury Instructions by TwinStrand Biosciences, Inc., University of Washington - [PROPOSED] PRELIMINARY JURY INSTRUCTIONS. (Wilson, Samantha) (Entered: 10/24/2023)
10/24/2023VERDICT SHEET by TwinStrand Biosciences, Inc., University of Washington . (Wilson, Samantha) (Entered: 10/24/2023)
10/24/2023Proposed Voir Dire by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 10/24/2023)
10/24/2023NOTICE of Change of Address by Jeff Castellano (Castellano, Jeff) (Entered: 10/24/2023)
10/18/2023454
  • Motion for Summary Judgment
ORAL ORDER: Having reviewed the parties' letter regarding Notice of Subsequent Developments to Several Pending Motions (D.I. 351), which states that Plaintiffs have dismissed their infringement claims of U.S. Patent Nos. 10,689,699 and 10,742,951, IT IS HEREBY ORDERED that the parties need not file supplemental briefing on the standard governing the unclean hands doctrine (D.I. 452) because Plaintiffs' pending motions for summary judgment (D.I. 332, D.I. 336, and D.I. 339) are DENIED-AS-MOOT. ORDERED by Judge Gregory B. Williams on 10/18/23. (ntl) (Entered: 10/18/2023)
10/17/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Impact of Dismissal on Guardant's Pending Motions. (Castellano, Jeff) (Entered: 10/17/2023)
10/17/2023452
  • Order
ORAL ORDER: Having reviewed the parties' motions for summary judgment, IT IS HEREBY ORDERED that, by 5:00 PM on October 20, 2023, both parties shall file an opening letter of no more than three (3) pages identifying and supporting its positions on (1) the standard governing the unclean hands doctrine, including the issue of whether an unclean hands defense based on patent prosecution misconduct hinges on a proper pleading of inequitable conduct, and (2) whether summary judgment against Defendant's unclean hands defense should be entered under the governing standard. Both parties shall file an answering letter of no more than three (3) pages on the same issues no later than 5:00 PM on October 23, 2023. ORDERED by Judge Gregory B. Williams on 10/17/23. (ntl) (Entered: 10/17/2023)
10/17/2023 Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Notice of Subsequent Developments to Several Pending Motions. (Attachments: # 1 Exhibit A)(Poff, Adam) (Entered: 10/17/2023)
10/17/2023
  • Motion to Dismiss (Demurrer)by Π
STIPULATION of Dismissal Regarding U.S. Patent No. 10,689,699 and U.S. Patent No. 10,742,951 by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 10/17/2023)
10/10/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Parties Ranking Their Summary Judgment Motions - re 445 Order,,,,,. (Castellano, Jeff) (Entered: 10/10/2023)
10/10/2023 Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding Plaintiffs' Ranking of Pending Summary Judgement Motions - re 445 Order,,,,,. (Wilson, Samantha) (Entered: 10/10/2023)
10/10/2023
  • Order
SO ORDERED, re 446 STIPULATION and [Proposed] Order Regarding Pretrial Filings filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 10/10/23. (ntl) (Entered: 10/10/2023)
10/6/2023NOTICE OF SERVICE of Guardant Health, Inc.'s Identification of Prior Art Pursuant to 35 U.S.C. § 282 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 10/06/2023)
10/6/2023
  • Motionby Π
STIPULATION and [Proposed] Order Regarding Pretrial Filings by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 10/06/2023)
10/3/2023445
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that, on or before Tuesday, October 10, 2023: (1) Plaintiffs shall file a one-page letter with the Court ranking their pending motions for summary judgment, (e.g. #1 - Plaintiffs' MOTION for Summary Judgment on Guardant's Claim-Copying Defenses (D.I. 332), #2 - MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699 (D.I. 336), and #3 - MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging (D.I. 339)). Plaintiffs may rank their motions in whatever order they choose but with the understanding that, once the Court denies summary judgment as to any of Plaintiffs' motions, the Court will not address any summary judgment motions that were ranked after that motion; and (2) Defendant shall file a one-page letter with the Court ranking its pending motions for summary judgment, ( e.g. #1 - Defendant's MOTION for Summary Judgment and to Preclude Certain Expert Testimony (D.I. 338)). Defendant may rank its motions in whatever order it chooses but with the understanding that, once the Court denies summary judgment as to any of Defendant's motions, the Court will not address any summary judgment motions that were ranked after that motion. ORDERED by Judge Gregory B. Williams on 10/3/23. (ntl) (Entered: 10/03/2023)
9/27/2023 NOTICE of Guardant Health, Inc.'s Withdrawal Of Its Daubert Motion Directed to Dr. Jeremy Edwards by Guardant Health, Inc. re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony (Castellano, Jeff) (Entered: 09/27/2023)
9/26/2023 NOTICE of [PLAINTIFFS' NOTICE OF WITHDRAWAL OF SUMMARY JUDGMENT MOTION AS MOOT] by TwinStrand Biosciences, Inc., University of Washington re 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents (Poff, Adam) (Entered: 09/26/2023)
9/26/2023 NOTICE of Withdrawal of Certain Counsel by Guardant Health, Inc. (Joyce, Alexandra) (Entered: 09/26/2023)
9/22/2023
  • Motion to Dismiss (Demurrer)by Δ
STIPULATION of Dismissal by Guardant Health, Inc.. (Biggs, Brian) (Entered: 09/22/2023)
9/13/2023NOTICE OF SERVICE of Plaintiffs' Final Narrowing of Asserted Claims (Step 5) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 09/13/2023)
9/13/2023NOTICE OF SERVICE of Guardant Health, Inc.'s Narrowing of Asserted Claims (Step 5) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 09/13/2023)
8/28/2023438
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that the Pretrial Conference scheduled for October 27, 2023 is RESCHEDULED for November 2, 2023 at 3:00 PM in Courtroom 6B. ORDERED by Judge Gregory B. Williams on 8/28/23. (ntl) (Entered: 08/28/2023)
8/25/2023NOTICE to Take Deposition of Michael Metzker, Ph.D on September 7, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 08/25/2023)
8/18/2023NOTICE to Take Deposition of Carlos D. Bustamante, Ph.D. on August 31, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 08/18/2023)
8/4/2023NOTICE OF SERVICE of Sur-Reply Expert Report of Lior Pachter, Ph.D. Regarding Documents Dr. Bustamante First Cited in His Reply Report on Alleged Infringement of U.S. Patent Nos. 10,801,063, 10,889,859, 11,118,221, and 11,149,306 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 08/04/2023)
8/4/2023REDACTED VERSION of 429 Letter, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 08/04/2023)
8/4/2023 NOTICE of Change of Address for Byron Pickard, R. Wilson Powers III, Ph.D., Chandrika Vira, William H. Milliken, Anna G. Phillips, Matthew M. Zuziak, Tyler J. Dutton, Alexander V. Alfano, Brady P. Gleason, David H. Holman, Louis Panzica, and Christopher M. Gallo, Ph.D. by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 08/04/2023)
8/2/2023NOTICE OF SERVICE of Subpoena to Mingyan XU filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 08/02/2023)
8/2/2023REDACTED VERSION of 428 Letter, Sealed Letter in Opposition to Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Castellano, Jeff) (Entered: 08/02/2023)
7/31/2023Joint Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding Request for a Teleconference to Address Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports (D.I. 407) - re 407 Letter,. (Wilson, Samantha) (Entered: 07/31/2023)
7/31/2023[SEALED] Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding Reply in support of Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports - re 428 Letter, 407 Letter,. (Attachments: # 1 Exhibit E)(Wilson, Samantha) (Entered: 07/31/2023)
7/27/2023[SEALED] Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Letter in Opposition to Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports - re 407 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Castellano, Jeff) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 401 Declaration, [SUPPLEMENTAL DECLARATION OF WILLIAM H. MILLIKEN IN SUPPORT OF PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS TO EXCLUDE EXPERT TESTIMONY] by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 65 through 72)(Wilson, Samantha) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 400 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #4 CONCERNING § 112 SUPPORT FOR NON-UNIQUE TAGGING] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 399 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #3 OF INFRINGEMENT OF CLAIM 13 OF U.S. PATENT NO. 10,689,699] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 398 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #2 OF NO INDIRECT INFRINGEMENT OF ALL GUARDANT ASSERTED PATEN TS] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 397 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #1 ON GUARDANT'S CLAIM COPYING DEFENSES] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 396 Reply Brief,, in Support of Motions for Summary Judgment and Motion to Exclude Expert Testimony by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 404 Declaration, Declaration of Jeff Castellano in Support of Defendant Guardant Health, Inc.'s Reply in Support of Its Motions for Summary Judgment and to Exclude Expert Testimony by Guardant Health, 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 Certificate of Service)(Castellano, Jeff) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 403 Statement Defendant Guardant Health, Inc.'s Response to Plaintiffs' Counter-Statements of Facts (D.I. 380) by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 402 Reply Brief, Defendant Guardant Health, Inc.'s Reply Brief in Support of Its Motion for Summary Judgment and to Preclude Certain Expert Testimony by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 07/27/2023)
7/27/2023REDACTED VERSION of 407 Letter, to The Honorable Gregory B. Williams from Adam W. Poff regarding Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports. by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit A through D)(Poff, Adam) (Entered: 07/27/2023)
7/21/2023REDACTED VERSION of 388 Declaration,,,,,,, Declaration of Jeff Castellano in Support of Defendant Guardant Health, Inc.'s Answering Brief in Opposition to Plaintiffs' Motions for Summary Judgment and Motion to Exclude Expert Testimony by Guardant Health, Inc.. (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Certificate of Service)(Castellano, Jeff) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 385 Exhibit to a Document, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 382 Declaration, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 380 Statement, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 376 Answering Brief in Opposition, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 384 Statement, Guardant's Response to Plaintiffs' Concise Statement of Undisputed Facts in Support of Motion for Summary Judgment #3 of Infringement of Claim of U.S. Patent No. 10,689,699 by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 383 Statement, Guardant's Concise Statement of Facts in Opposition to Plaintiffs' Motion for Summary Judgment #3 of Infringement of Claim 13 of U.S. Patent No. 10,689,699 by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 381 Statement, Guardant's Concise Statement of Facts in Opposition to Plaintiffs' Motion for Summary Judgment #2 of no Indirect Infringement of all Guardant Asserted Patents by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/21/2023)
7/21/2023REDACTED VERSION of 375 Answering Brief in Opposition,,, Defendant Guardant Health, Inc.'s Answering Brief in Opposition to Plaintiffs' Motions for Summary Judgment and Motions to Exclude Expert Testimony by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/21/2023)
7/20/2023 STATEMENT re 407 Letter, [CERTIFICATION PURSUANT TO D. DEL. LR. 7.1.1] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 07/20/2023)
7/20/2023[SEALED] Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's and Dr. Prabhu's Expert Reports. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Poff, Adam) (Entered: 07/20/2023)
7/19/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Request for Oral Argument - re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699, 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents, 343 MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions, 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses, 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony, 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging. (Castellano, Jeff) (Entered: 07/19/2023)
7/19/2023REQUEST for Oral Argument by TwinStrand Biosciences, Inc., University of Washington re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699, 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents, 343 MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions, 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses, 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging. (Poff, Adam) (Entered: 07/19/2023)
7/18/2023SO ORDERED, re 389 STIPULATION TO EXTEND TIME to File Redacted Documents (See Stipulation) to July 21, 2023 and July 28, 2023 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 7/18/23. (ntl) (Entered: 07/18/2023)
7/14/2023[SEALED] DECLARATION re 402 Reply Brief, Declaration of Jeff Castellano in Support of Defendant Guardant Health, Inc.'s Reply Brief in Support of Its Motions for Summary Judgment and to Exclude Expert Testimony by Guardant Health, 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 Certificate of Service)(Castellano, Jeff) (Entered: 07/14/2023)
7/14/2023[SEALED] STATEMENT re 380 Statement, Defendant Guardant Health, Inc.'s Response to Plaintiffs' Counter-Statements of Facts (D.I. 380) by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 07/14/2023)
7/14/2023
  • Motion for Summary Judgmentby Δ
[SEALED] REPLY BRIEF re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony Defendant Guardant Health, Inc.'s Reply Brief in Support of its Motions for Summary Judgment and to Preclude Certain Expert Testimony filed by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 07/14/2023)
7/14/2023[SEALED] DECLARATION re 345 Declaration,, [SUPPLEMENTAL DECLARATION OF WILLIAM H. MILLIKEN IN SUPPORT OF PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS TO EXCLUDE EXPERT TESTIMONY] by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 65, # 2 Exhibit 66, # 3 Exhibit 67, # 4 Exhibit 68, # 5 Exhibit 69, # 6 Exhibit 70, # 7 Exhibit 71, # 8 Exhibit 72)(Wilson, Samantha) (Entered: 07/14/2023)
7/14/2023[SEALED] STATEMENT re 387 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #4 CONCERNING § 112 SUPPORT FOR NON-UNIQUE TAGGING] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/14/2023)
7/14/2023[SEALED] STATEMENT re 383 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #3 OF INFRINGEMENT OF CLAIM 13 OF U.S. PATENT NO. 10,689,699] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/14/2023)
7/14/2023[SEALED] STATEMENT re 379 Statement, [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #2 OF NO INDIRECT INFRINGEMENT OF ALL GUARDANT ASSERTED PATENTS] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/14/2023)
7/14/2023[SEALED] STATEMENT re 377 Statement [PLAINTIFFS' RESPONSES TO GUARDANT'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT #1 ON GUARDANT'S CLAIM COPYING DEFENSES] by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/14/2023)
7/14/2023
  • Motion for Summary Judgmentby Π
[SEALED] REPLY BRIEF re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699, 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents, 343 MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions, 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses, 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/14/2023)
7/12/2023REDACTED VERSION of 373 Letter,, Letter to the Honorable Gregory B. Williams from Jeff Castellano Regarding Guardant's Responsive Letter in Opposition to Plaintiffs' Motion to Strike by Guardant Health, Inc.. (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, # 17 Exhibit 17, # 18 Certificate of Service)(Castellano, Jeff) (Entered: 07/12/2023)
7/11/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Requesting Teleconference to address Guardant's Motion to Strike - re 330 MOTION to Strike Dr. Pachter's Opinions and Testimony. (Castellano, Jeff) (Entered: 07/11/2023)
7/10/2023 Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding Request for a Teleconference to Address Plaintiffs' Motion to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents (D.I. 349). - re 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents. (Wilson, Samantha) (Entered: 07/10/2023)
7/10/2023 Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Reply in Support of Motion to Strike Certain Portions of Dr. Quackenbush's Expert Report - re 373 Letter,,. (Poff, Adam) (Entered: 07/10/2023)
7/10/2023NOTICE OF SERVICE of Sur-Reply Expert Report of Michael L. Metzker, Ph.D. filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 07/10/2023)
7/10/2023NOTICE OF SERVICE of Plaintiffs' Second Supplemental Objections and Responses to Defendant GuardantHealth, Inc.'s Interrogatories (No. 5) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 07/10/2023)
7/10/2023 STIPULATION TO EXTEND TIME to File Redacted Documents (See Stipulation) to July 21, 2023 and July 28, 2023 - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 07/10/2023)
7/7/2023[SEALED] DECLARATION re 375 Answering Brief in Opposition,,, Declaration of Jeff Castellano in Support of Defendant Guardant Health, Inc.'s Answering Brief in Opposition to Plaintiffs' Motions for Summary Judgment and Motion to Exclude Expert Testimony by Guardant Health, Inc.. (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76)(Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 340 Statement Guardant's Response to Plaintiffs' Concise Statement of Undisputed Facts in Support of Motion for Summary Judgment #4 Concerning § 112 Support for Non-Unique Tagging by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 340 Statement Guardant's Concise Statement of Facts in Opposition to Plaintiffs' Motion for Summary Judgment #4 Concerning § 112 Support for Non-Unique Tagging by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023[SEALED] EXHIBIT re 382 Declaration, of William H. Milliken in Support of Answering Brief in Opposition re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony - (Volume 2 - Exhibits V through KK) by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 337 Statement Guardant's Response to Plaintiffs' Concise Statement of Undisputed Facts in Support of Motion for Summary Judgment #3 of Infringement of Claim 13 of U.S. Patent No. 10,689,699 by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 337 Statement Guardant's Concise Statement of Facts in Opposition to Plaintiffs' Motion for Summary Judgment #3 of Infringement of Claim 13 of U.S. Patent No. 10,689,699 by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023[SEALED] DECLARATION re 376 Answering Brief in Opposition, re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony//(DECLARATION OF WILLIAM H. MILLIKEN) - Volume 1 by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit A through U)(Wilson, Samantha) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 335 Statement Guardant's Response to Plaintiffs' Concise Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment #2 of No Indirect Infringement of All Guardant Asserted Patents by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 342 Statement re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony - Plaintiffs' Responses and Counter-Statements to Defendant Guardant Health, Inc.'s Statement of Undisputed Facts in Support of Its Motions for Summary Judgment by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/07/2023)
7/7/2023[SEALED] STATEMENT re 335 Statement Guardant's Concise Statement of Facts in Opposition to Plaintiffs' Motion for Summary Judgment #2 of No Indirect Infringement of All Guardant Asserted Patents by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023 STATEMENT re 333 Statement Guardant's Response to Plaintiffs' Concise Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgement #1 on Guardant's Claim Copying Defenses by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023 STATEMENT re 333 Statement Guardant's Concise Statement of Facts in Opposition to Plaintiffs' Motion for Summary Judgment #1 on Guardant's Claim Copying Defenses by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023
  • Motion for Summary Judgmentby Π
[SEALED] ANSWERING BRIEF in Opposition re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony filed by TwinStrand Biosciences, Inc., University of Washington.Reply Brief due date per Local Rules is 7/14/2023. (Wilson, Samantha) (Entered: 07/07/2023)
7/7/2023
  • Motion for Summary Judgmentby Δ
[SEALED] ANSWERING BRIEF in Opposition re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699, 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents, 343 MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions, 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses, 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony, 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging Defendant Guardant Health, Inc.'s Answering Brief in Opposition to Plaintiffs' Motion for Summary Judgment and Motions to Exclude Expert Testimony filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 7/14/2023. (Castellano, Jeff) (Entered: 07/07/2023)
7/7/2023REDACTED VERSION of 357 Letter,, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Appendix A - Redacted Version, # 2 Exhibit A through G - Redacted Version)(Poff, Adam) (Entered: 07/07/2023)
7/5/2023[SEALED] Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Guardant's Responsive Letter in Opposition to Plaintiffs' Motion to Strike - re 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents. (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, # 17 Exhibit 17, # 18 Certificate of Service)(Castellano, Jeff) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 353 Exhibit to a Document, [VOLUME 4 OF 4 (EXHIBIT D)] to Plaintiffs' Motion to Strike by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 352 Exhibit to a Document, [VOLUME 3 OF 4 - EXHIBIT C - (B2 - D3)] to Plaintiffs' Motion to Strike by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 351 Exhibit to a Document, [VOLUME 2 OF 4 - EXHIBIT C - (A1 -B1)] to Plaintiffs' Motion to Strike by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 350 Exhibit to a Document, [VOLUME 1 OF 4 (EXHIBITS A-B)] to Plaintiffs' Motion to Strike by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 07/05/2023)
7/3/2023NOTICE OF SERVICE of Sur-Reply Expert Report of Dr. Carlos D. Bustamante Regarding the Reply Expert Report of Jeremy S. Edwards, Ph.D. and supporting documents filed by Guardant Health, Inc..(Joyce, Alexandra) (Entered: 07/03/2023)
7/3/2023 Letter to The Honorable Gregory B. Williams from Jeff Castellano regarding Reply Letter in Support of Guardant's Motion to Strike Dr. Pachter's Reports and Opinions - re 330 MOTION to Strike Dr. Pachter's Opinions and Testimony. (Castellano, Jeff) (Entered: 07/03/2023)
6/30/2023REDACTED VERSION of 331 Letter, Opening Letter in Support of Guardant's Motion to Strike Dr. Pachter's Reports and Opinions by Guardant Health, Inc.. (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 Certificate of Service)(Castellano, Jeff) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 348 Declaration,,, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Part 2 of 2)(Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 347 Exhibit to a Document,, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Part 2 of 2)(Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 345 Declaration,, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 344 Opening Brief in Support,, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 340 Statement by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 337 Statement by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 335 Statement by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 333 Statement by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/30/2023)
6/30/2023[SEALED] Letter to The Honorable Gregory B. Williams from Adam W. Poff regarding Response to Guardant's Motion to Strike Dr. Pachter's Reports and Opinions - re 330 MOTION to Strike Dr. Pachter's Opinions and Testimony - re 330 MOTION to Strike Dr. Pachter's Opinions and Testimony. (Attachments: # 1 Appendix A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Poff, Adam) (Main Document 357 replaced on 7/3/2023 with corrected version as per counsel's request. Docket text also updated to reflect correct recipient.) (etg). (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 346 Declaration,,, Declaration of Jeff Castellano in Support of Defendant Guardant Health, Inc.'s Motions for Summary Judgment and to Preclude Certain Expert Testimony by Guardant Health, Inc.. (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Certificate of Service)(Castellano, Jeff) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 342 Statement Defendant Guardant Health, Inc.'s Statement of Undisputed Facts in Support of Its Motions for Summary Judgment by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 341 Opening Brief in Support, Defendant Guardant Health, Inc.'s Opening Brief in Support of Its Motions for Summary Judgment and to Preclude Certain Expert Testimony by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) (Entered: 06/30/2023)
6/27/2023
  • Motion
Motion No Longer Referred: 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents. Motion referred in error by CM/ECF. (etg) (Entered: 06/27/2023)
6/27/2023[SEALED] EXHIBIT re 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents [VOLUME 4 OF 4 (EXHIBIT D)] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/27/2023)
6/27/2023[SEALED] EXHIBIT re 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents [VOLUME 3 OF 4 - EXHIBIT C - (B2 - D3)] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/27/2023)
6/27/2023[SEALED] EXHIBIT re 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents [VOLUME 2 OF 4 - EXHIBIT C - (A1 -B1)] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/27/2023)
6/27/2023[SEALED] EXHIBIT re 349 MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents [VOLUME 1 OF 4 (EXHIBITS A-B)] by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 06/27/2023)
6/27/2023
  • Motion to Strike
MOTION to Strike Certain Portions of Dr. Quackenbush's Expert Report on the Validity of Plaintiffs' Asserted Patents - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/27/2023 to remove CM/ECF auto-referral language (etg). (Entered: 06/27/2023)
6/26/2023Motions No Longer Referred: 330 MOTION to Strike, 343 MOTION to Preclude. The motions were referred in error by CM/ECF. (etg) (Entered: 06/26/2023)
6/23/2023[SEALED] Volume 2 of 2 - Exhibits 31-64 re 345 Declaration by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41, # 12 Exhibit 42, # 13 Exhibit 43, # 14 Exhibit 44, # 15 Exhibit 45, # 16 Exhibit 46, # 17 Exhibit 47, # 18 Exhibit 48, # 19 Exhibit 49, # 20 Exhibit 50, # 21 Exhibit 51, # 22 Exhibit 52, # 23 Exhibit 53, # 24 Exhibit 54, # 25 Exhibit 55, # 26 Exhibit 56, # 27 Exhibit 57, # 28 Exhibit 58, # 29 Exhibit 59, # 30 Exhibit 60, # 31 Exhibit 61, # 32 Exhibit 62, # 33 Exhibit 63, # 34 Exhibit 64)(Poff, Adam) Modified on 6/26/2023 (lih). (Attachment 22 (Exhibit 52) replaced on 6/28/2023 with corrected version as per counsel's request) (etg). (Entered: 06/23/2023)
6/23/2023[SEALED] Volume 1 of 2 - Exhibits 1-30 re 345 Declaration, by TwinStrand Biosciences, Inc., University of Washington. (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] DECLARATION of Jeff Castellano re 338 MOTION for Summary Judgment by Guardant Health, Inc.. (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Certificate of Service)(Castellano, Jeff) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] DECLARATION OF WILLIAM H. MILLIKEN re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699, 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents, 343 MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions, 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses, 344 Opening Brief in Support, 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] OPENING BRIEF in Support re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699, 334 MOTION for Summary Judgment >of No Indirect Infringement of All Guardant Asserted Patents, 343 MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions, 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses, 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging filed by TwinStrand Biosciences, Inc., University of Washington.Answering Brief/Response due date per Local Rules is 7/7/2023. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023
  • Motion
MOTION to Preclude Dr. Stephen Becker's PatentSight and Lens.org Opinions - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). Modified on 6/26/2023 to remove CM/ECF auto-referral language (etg). (Entered: 06/23/2023)
6/23/2023[SEALED] STATEMENT re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony by Guardant Health, Inc.. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] OPENING BRIEF in Support re 338 MOTION for Summary Judgment and to Preclude Certain Expert Testimony filed by Guardant Health, Inc..Answering Brief/Response due date per Local Rules is 7/7/2023. (Attachments: # 1 Certificate of Service)(Castellano, Jeff) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] Concise Statement of Undisputed Facts re 339 MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023
  • Motion for Summary Judgment
MOTION for Summary Judgment Concerning § 112 Support for Non-Unique Tagging - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023
  • Motion for Summary Judgment
MOTION for Summary Judgment and to Preclude Certain Expert Testimony - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Castellano, Jeff) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] Concise Statement of Undisputed Facts re 336 MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699 by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023
  • Motion for Summary Judgment
MOTION for Summary Judgment of Infringement of Claim 13 of U.S. Patent No. 10,689,699 - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] Concise Statement of Undisputed Facts re 334 MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023
  • Motion for Summary Judgment
MOTION for Summary Judgment of No Indirect Infringement of All Guardant Asserted Patents - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/26/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] Concise Statement of Undisputed Facts re 332 MOTION for Summary Judgment on Guardant's Claim-Copying Defenses by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/23/2023 (lih). (Entered: 06/23/2023)
6/23/2023
  • Motion for Summary Judgment
MOTION for Summary Judgment on Guardant's Claim-Copying Defenses - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/23/2023 (lih). (Entered: 06/23/2023)
6/23/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano re 330 MOTION to Strike Dr. Pachter's Opinions and Testimony. (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 Certificate of Service)(Castellano, Jeff) Modified on 6/23/2023 (lih). (Entered: 06/23/2023)
6/23/2023CORRECTING ENTRY: The text of D.I. 330 has been modified to remove the duplicative text. (lih) (Entered: 06/23/2023)
6/23/2023
  • Motion to Strike
MOTION to Strike Dr. Pachter's Opinions and Testimony - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order).(Castellano, Jeff) Modified on 6/23/2023 (lih). Modified on 6/26/2023 to remove CM/ECF auto-referral language (etg). (Entered: 06/23/2023)
6/20/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 327 MOTION for Pro Hac Vice Appearance of Attorney Peiyao Zhang. Signed by Judge Sherry R. Fallon on 6/20/2023. (lih) (Entered: 06/20/2023)
6/16/2023 NOTICE of Resolution of 328 MOTION for an Expedited Teleconference to Resolve Discovery Dispute (Poff, Adam) Modified on 6/20/2023 (lih). (Entered: 06/16/2023)
6/16/2023
  • Motion to Expedite Discovery
MOTION for an Expedited Teleconference to Resolve Discovery Dispute - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Poff, Adam) Modified on 6/20/2023 (lih). (Entered: 06/16/2023)
6/16/2023
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Peiyao Zhang - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 06/16/2023)
6/15/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 326 MOTION for Pro Hac Vice Appearance of Attorney William H. Milliken. Signed by Judge Sherry R. Fallon on 6/15/2023. (lih) (Entered: 06/15/2023)
6/15/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney William H. Milliken, Esquire - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Poff, Adam) (Entered: 06/15/2023)
6/13/2023NOTICE OF SERVICE of Plaintiffs' Third Supplemental Rule 26(a)(1) Initial Disclosures filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 06/13/2023)
6/12/2023
  • Motion for Claim Construction
CLAIM CONSTRUCTION ORDER re 320 Memorandum Order. Signed by Judge Gregory B. Williams on 6/12/23. (ntl) (Entered: 06/12/2023)
6/9/2023
  • Motion for Claim Construction
PROPOSED ORDER regarding Claim Construction by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 6/12/2023 (lih). (Entered: 06/09/2023)
6/8/2023Pro Hac Vice Attorney Christopher M. Gallo for TwinStrand Biosciences, Inc. and University of Washington 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: 06/08/2023)
6/8/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 322 MOTION for Pro Hac Vice Appearance of Attorney Christopher M. Gallo. Signed by Judge Sherry R. Fallon on 6/8/2023. (lih) (Entered: 06/08/2023)
6/7/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Christopher M. Gallo, Ph.D. - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Wilson, Samantha) (Entered: 06/07/2023)
6/7/2023NOTICE OF SERVICE of Reply Expert Report of Jeremy S. Edwards, Ph.D. filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 06/07/2023)
6/2/2023
  • Order
MEMORANDUM ORDER: IT IS HEREBY ORDERED that: 1. Guardant's Objections (D.I. 198) to the Report (D.I. 190) are OVERRULED; 2. The Report is ADOPTED; and 3. No later than June 9, 2023, the parties shall submit for the Court's signature a Claim Construction Order consistent with this Memorandum Order. Signed by Judge Gregory B. Williams on 6/2/23. (ntl) (Entered: 06/02/2023)
6/2/2023NOTICE to Take Deposition of Stephen L. Becker, Ph.D. [Amended] on June 19, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 06/02/2023)
5/31/2023NOTICE OF SERVICE of Corrected Reply Expert Report of Dr. Quackenbush, Ph.D filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/31/2023)
5/31/2023NOTICE OF SERVICE of 1) Expert Report of Michael L. Metzker, Ph.D. in Reply to Guardant's Rebuttal Report on the Validity of U.S. Patent Nos. 10,801,063; 10,889,858; 11,118,221; and 11,149,306; 2) Expert Report of Lior Pachter, Ph.D. in Reply to Guardant's Rebuttal Reports on the Infringement of U.S. Patent Nos. 10,287,631, 10,689,699, 10,752,951, and 10,760,127; and 3) Expert Reply Report of DeForest McDuff, Ph.D. filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/31/2023)
5/30/2023NOTICE OF SERVICE of (1) Reply Expert Report of Christopher Thompson; (2) Reply Expert Report of Stephen L. Becker, Ph.D; (3) Reply Expert Report of John Quackenbush, Ph.D on Invalidity; and (4) Reply Expert Report of Dr. Carlos D. Bustamante Regarding Infringement of U.S. Patent Nos. 10,801,063, 10,899, 858, 11,118,221 and 11,149,306 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/30/2023)
5/26/2023NOTICE to Take Deposition of Michael L. Metzker, Ph.D (Amended) on Jun 14, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/26/2023)
5/26/2023NOTICE to Take Deposition of Corey Metzker on June 14, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/26/2023)
5/26/2023NOTICE to Take Deposition of DeForest McDuff on June 21, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/26/2023)
5/26/2023NOTICE to Take Deposition of Lior Pachter on June 21, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/26/2023)
5/26/2023NOTICE to Take Deposition of Jeremy Edwards on June 16, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/26/2023)
5/25/2023NOTICE to Take Deposition of Stephen L. Becker, Ph.D. on June 19, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/25/2023)
5/25/2023NOTICE to Take Deposition of Snehit Prabhu, Ph.D. on June 12, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/25/2023)
5/25/2023NOTICE to Take Deposition of John Quackenbush, Ph.D. on June 1, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/25/2023)
5/25/2023NOTICE to Take Deposition of Christopher Thompson on June 16, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/25/2023)
5/25/2023NOTICE to Take Deposition of Carlos D. Bustamante, Ph.D. on June 22, 2023 filed by TwinStrand Biosciences, Inc..(Wilson, Samantha) (Entered: 05/25/2023)
5/15/2023NOTICE OF SERVICE of Rebuttal Expert Report of Dr. Carlos D. Bustamante Regarding the Opening Expert Report of Jeremy S. Edwards, Ph.D. and Exhibit A filed by Guardant Health, Inc..(Joyce, Alexandra) (Entered: 05/15/2023)
5/10/2023CORRECTING ENTRY: The pdf of D.I. 304 has been replaced with a revised version of the document to include a caption page. (lih) (Entered: 05/10/2023)
5/10/2023Amended REDACTED Exhibits F & G to D. I. 291 , 1 & 2 to D.I. 292 , and 5, 6, 9, and 10 to D.I. 293 by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 5/10/2023 (lih). (Entered: 05/10/2023)
5/10/2023303
  • OrderGranted
ORAL ORDER- GRANTING 300 Letter Request regarding proposed redactions. The Court finds that good cause for the redactions exists because the public disclosure of the redacted information would "work a clearly defined and serious injury" to the parties. See In re Avandia Mktg. Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019). Ordered by Judge Sherry R. Fallon on 5/10/2023. (lih) (Entered: 05/10/2023)
5/9/2023Remark: D.I. 290 has been unsealed. (lih) (Entered: 05/09/2023)
5/8/2023NOTICE OF SERVICE of (1) Expert Report of Snehit Prabhu, Ph.D; (2) Expert Report of Stephen L. Becker, Ph.D; (3) Rebuttal Expert Report of John Quackenbush, Ph.D on Noninfringement; and (4) Rebuttal Expert Report of Dr. Carlos D. Bustamante Regarding Validity of U.S. Patent Nos. 10,801,063, 10,889,858, 11,118,221, and 11,149,306 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/08/2023)
5/8/2023NOTICE OF SERVICE of 1) Rebuttal Expert Report of Lior Pachter, Ph.D. Regarding Plaintiffs' Non-Infringement of U.S. Patent Nos. 10,801,063, 10,889,858, 11,118,221, and 11,149,306; 2) Responsive Expert Report of Michael L. Metzker, Ph.D. Addressing the Validity of U.S. Patent Nos. 10,287,631, 10,689,699, 10,760,127, and 10,752,951; and 3) Expert Rebuttal Report and Expert Report on Objective Indicia of DeForest McDuff, Ph.D. filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 05/08/2023)
5/4/2023
  • Motion to Extend Time
SO ORDERED re 299 STIPULATION TO EXTEND TIME (See Stip for Details). Signed by Judge Sherry R. Fallon on 5/2/2023. (lih) (Entered: 05/04/2023)
5/3/2023 Joint Letter to the Honorable Sherry R. Fallon regarding Response to the April 26, 2023 Oral Order. (Attachments: # 1 D.I. 291-Exhibit F, # 2 D.I. 291-Exhibit G, # 3 D.I. 292-Exhibit 1, # 4 D.I. 292-Exhibit 2, # 5 D.I. 293-Exhibit 5, # 6 D.I. 293-Exhibit 6, # 7 D.I. 293-Exhibit 9, # 8 D.I. 293-Exhibit 10)(Poff, Adam) Modified on 5/3/2023 (lih). (Entered: 05/03/2023)
5/2/2023
  • Motion to Extend Timeby Δ
STIPULATION TO EXTEND TIME See Stip for Details to - filed by Guardant Health, Inc.. (Joyce, Alexandra) (Entered: 05/02/2023)
4/26/2023REDACTED VERSION of 288 Answering Brief in Opposition, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/26/2023)
4/26/2023REDACTED VERSION of 285 Emergency MOTION to Amend the Case Schedule and to Expedite Briefing by Guardant Health, Inc.. (Joyce, Alexandra) (Entered: 04/26/2023)
4/26/2023296
  • Order
ORAL ORDER re D.I. 291 redacting Exhibits F and G in their entirety; D.I. 292 redacting Exhibits 1 and 2 in their entirety; and D.I. 293 redacting Exhibits 5, 6, 9 and 10 in their entirety: On or before close of business on May 3, 2023, the parties shall jointly submit a letter of no more than three (3) pages offering a factually detailed explanation as to why disclosure of the redacted material would "work a clearly defined and serious injury to the party seeking closure." See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019) (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994) (internal quotation marks omitted)). Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. If the Court determines that the decision to seal Exhibits F and G (D.I. 291); Exhibits 1 and 2 (D.I. 292) and Exhibits 5,6, 9 and 10 (D.I. 293) in their entirety lacks a meritorious basis after review of the letter submission, the documents will be unsealed either in whole or in part. Ordered by Judge Sherry R. Fallon on 4/26/2023. (lih) (Entered: 04/26/2023)
4/25/2023REDACTED VERSION of 280 Letter, by Guardant Health, Inc.. (Joyce, Alexandra) (Entered: 04/25/2023)
4/25/2023REDACTED VERSION of 283 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Castellano, Jeff) Modified on 4/26/2023 (lih). (Entered: 04/25/2023)
4/25/2023REDACTED VERSION of 278 Letter by Guardant Health, Inc.. (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 Text of Proposed Order, # 12 Certificate of Service)(Castellano, Jeff) Modified on 4/26/2023 (lih). (Entered: 04/25/2023)
4/25/2023REDACTED VERSION of 282 Letter by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/25/2023)
4/25/2023REDACTED VERSION of 277 Letter, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/25/2023)
4/25/2023MEMORANDUM ORDER- DENYING 285 Emergency MOTION to Amend the Case Schedule. Signed by Judge Sherry R. Fallon on 4/25/2023.This order has been emailed to local counsel. (lih) Modified on 5/9/2023 (lih). (Entered: 04/25/2023)
4/24/2023289
  • Motion to Compel ResponseGranted
ORAL ORDER re 277 Letter; 278 Letter: The Court having reviewed the parties' discovery dispute letter submissions (D.I. 277; D.I. 278; D.I. 282; D.I. 283), IT IS ORDERED that: (1) Plaintiffs' motion to compel a supplemental response to Interrogatory No. 6 is GRANTED. On or before April 28, 2023, Guardant shall supplement its response to specify, on a patent by patent basis, the date of first awareness, the identity of all persons involved, and the circumstances of how each person or entity became aware of each Asserted Patent. Guardant's second supplemental response to Interrogatory No. 6 provides some of this information for only one of the Asserted Patents. (D.I. 277, Ex. A at 56-57) Guardant represented that it would produce and identify documents responsive to the Interrogatory under Fed. R. Civ. P. 33(d) as discovery continued. (Id. at 56) Guardant's responses to Plaintiffs' requests for supplementation of Interrogatory No. 6 during the meet and confer process suggest that Guardant may have additional responsive information that has not yet been disclosed. (Id., Ex. C at 1 (As of March 17, 2023, Guardant represented it "will provide our position or a supplementation in due course"); Ex. D at 1 (As of April 4, 2023, Guardant was "considering [Plaintiffs'] proposal and hope[s] to have a response soon.")). Otherwise, Guardant could have put the matter to rest and avoided burdening the Court by simply confirming that it had no additional information responsive to Interrogatory No. 6. This ruling is not inconsistent with the Court's March 14 denial of Plaintiffs' motion to compel a supplemental 30(b)(6) deposition on a related topic. (D.I. 261 at &para 13) (denying alternative request for supplementation of Interrogatory No. 6 without prejudice to renew upon a demonstration that the meet and confer process is complete). Reopening depositions is generally disfavored, particularly where, as here, the information can be obtained from a less burdensome source. See, e.g., Aranda v. Nissan Motor Acceptance Corp., 2022 WL 18284912, at *1 (C.D. Cal. Oct. 14, 2022). (2) Guardant's motion to compel Plaintiffs to produce valuation documents discussed during the 30(b)(6) depositions on February 22, 2023, is GRANTED, and Plaintiffs shall produce the valuation reports on or before April 28, 2023. As stated in the Court's March 3 Oral Order, "[d]ocuments identified during the deposition of a corporate witness should be produced absent a privilege objection." (D.I. 247) Here, there is no dispute that Plaintiffs' 30(b)(6) witness specifically testified regarding valuation reports generated on TwinStrand's behalf. (D.I. 278, Ex. 5 at 59:8-64:21) Plaintiffs have not raised any privilege objections or burden arguments regarding the production of TwinStrand valuation reports. Guardant timely sought the documents on March 15, within about three weeks of the 30(b)(6) deposition. (Id., Ex. 5; Ex. 7 at 3) Plaintiffs' relevance objection is not persuasive. Although the 30(b)(6) testimony suggests the company valuations did not account for the value of the Asserted Patents, no underlying documents were produced to verify this testimony, and changes in the value of the overall company inherently include the value of the Asserted Patents owned by that company. (Id., Ex. 5 at 62:16-63:15) This ruling is not inconsistent with the Court's February 28 ruling, which held that 30(b)(6) topics on valuations relating to litigation funding were not relevant. (D.I. 244) (3) Guardant's motion to compel Plaintiffs to produce the 2018 settlement agreement is DENIED. The settlement agreement was signed more than a year before the issuance of the Asserted Patents, and the record does not support an inference that the settlement agreement relates to anything other than an employment issue. (D.I. 278, Ex. 9 at 2) Guardant has not established that production of the 2018 settlement agreement is relevant and proportional to the needs of the case under Fed. R. Civ. P. 26(b)(1). (Id.) IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for April 25, 2023 at 2:00 p.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 4/24/2023. (Polito, Rebecca) (Entered: 04/24/2023)
4/21/2023[SEALED] ANSWERING BRIEF in Opposition re 285 Emergency MOTION to Amend the Case Schedule and to Expedite Briefing filed by TwinStrand Biosciences, Inc., University of Washington.Reply Brief due date per Local Rules is 4/28/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Poff, Adam) (Entered: 04/21/2023)
4/21/2023287ORAL ORDER- re 285 Emergency MOTION to Amend the Case Schedule and to Expedite Briefing. IT IS HEREBY ORDERED that Plaintiffs shall file a responsive submission, limited to no more than 8 pages, by no later than close of business today. No reply submission shall be submitted without leave of court.Ordered by Judge Sherry R. Fallon on 4/21/2023. (lih) (Entered: 04/21/2023)
4/19/2023
  • Motion for Protective Order
PROTECTIVE ORDER FOR NON-PARTY MATERIALS. Signed by Judge Sherry R. Fallon on 4/19/2023. (lih) (Entered: 04/20/2023)
4/19/2023[SEALED] Emergency MOTION to Amend the Case Schedule and to Expedite Briefing - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order Motion to Amend, # 2 Text of Proposed Order Expedited Briefing, # 3 Rule 7.1.1. Certification, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Certificate of Service)Motions referred to Sherry R. Fallon.(Joyce, Alexandra) (Entered: 04/19/2023)
4/19/2023 STIPULATION Supplementing Protective Order for Non-Party Materials re 33 Proposed Order by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 04/19/2023)
4/19/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano 277 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit, # 3 Certificate of Service)(Castellano, Jeff) Modified on 4/19/2023 (lih). (Entered: 04/19/2023)
4/19/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Discovery Dispute - re 278 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Poff, Adam) Modified on 4/19/2023 (lih). (Entered: 04/19/2023)
4/18/2023CORRECTING ENTRY: Additional attachment as to # 7 Text of Proposed Order, has been added to D.I. 280 and removed from D.I. 279 per counsel's request. (mkr) (Entered: 04/18/2023)
4/18/2023281
  • OrderDenied
ORAL ORDER re D.I. 279 Motion for Teleconference: IT IS ORDERED that Defendant's motion to add an issue to the agenda of the discovery dispute teleconference on April 25, 2023 is DENIED without prejudice. Defendant seeks amendments to the case schedule under Fed. R. Civ. P. 16(b)(4). This issue is not properly brought as a discovery dispute. Ordered by Judge Sherry R. Fallon on 4/18/2023. (lih) (Entered: 04/18/2023)
4/18/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Daniel M. Silver, Esq. regarding Guardant Health, Inc.'s Request to Amend Case Schedule - re 279 MOTION for Teleconference (To Be Heard at Already-Scheduled April 25, 2023 Conference) . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Certificate of Service)(Silver, Daniel) (Additional attachment(s) added on 4/18/2023: # 7 Text of Proposed Order) (mkr). (Entered: 04/18/2023)
4/18/2023
  • Motion
MOTION for Teleconference (To Be Heard at Already-Scheduled April 25, 2023 Conference) - filed by Guardant Health, Inc.. (Attachments: Motions referred to Sherry R. Fallon. (Silver, Daniel) (Entered: 04/18/2023)
4/18/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Discovery Dispute. (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 Text of Proposed Order, # 12 Certificate of Service)(Castellano, Jeff) Modified on 4/18/2023 (lih). (Entered: 04/18/2023)
4/18/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Discovery Dispute. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Poff, Adam) Modified on 4/18/2023 (lih). (Entered: 04/18/2023)
4/13/2023Pro Hac Vice Attorney Justine M. Goeke and Jane M. Love for Guardant Health, 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: 04/13/2023)
4/13/2023NOTICE of Appearance by Alexandra M. Joyce on behalf of Guardant Health, Inc. (Joyce, Alexandra) (Entered: 04/13/2023)
4/13/2023NOTICE of Appearance by Daniel M. Silver on behalf of Guardant Health, Inc. (Silver, Daniel) (Entered: 04/13/2023)
4/11/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 274 MOTION for Pro Hac Vice Appearance of Attorney Jane M. Love and Justine Marie Goeke. Signed by Judge Sherry R. Fallon on 4/11/2023. (lih) (Entered: 04/11/2023)
4/11/2023
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Jane M. Love, Ph.D and Justine Marie Goeke - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 04/11/2023)
4/10/2023NOTICE OF SERVICE of (1) Expert Report of Dr. Carlos D. Bustamante Regarding Infringement of U.S. Patent Nos. 10,801,063; 10,889,858; 11,118,221; and 11,149,306; (2) Expert Report of Christopher Thompson; (3) Expert Report of John Quackenbush, Ph.D. on Invalidity of U.S. Patent Nos. 10,287,631; 10,689,699; 10,752,951; and 10,760,127; and (4) Expert Report of Stephen L. Becker, Ph.D. filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 04/10/2023)
4/10/2023NOTICE OF SERVICE of 1) Expert Report of DeForest McDuff, Ph.D.; 2) Opening Expert Report of Jeremy S. Edwards, Ph.D.; 3) Opening Expert Report of Michael L. Metzker, Ph.D. Addressing the Validity of U.S. Patent Nos. 10,801,063; 10,889,858; 11,118,221; and 11,149,306; and 4) Expert Report of Lior Pachter, Ph.D. Regarding Defendants Infringement of U.S. Patent Nos. 10,287,631, 10,689,699, 10,752,951, and 10,760,127. filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 04/10/2023)
4/10/2023271
  • Order
SO ORDERED- re 270 Joint MOTION for teleconference to resolve discovery dispute. A Discovery Dispute Motion Hearing is set for 4/25/2023 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 4/24/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 4/18/2023, Responsive submission due by no later than 11:00 AM on 4/19/2023). Signed by Judge Sherry R. Fallon on 4/10/2023. (lih) (Entered: 04/10/2023)
4/7/2023
  • Motionby Δ
Joint MOTION for teleconference to resolve discovery dispute - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 04/07/2023)
4/6/2023NOTICE OF SERVICE of Plaintiffs' Second Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (No. 15) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 04/06/2023)
3/30/2023NOTICE OF SERVICE of 1. Guardant's sixth supplemental responses and objections to Plaintiffs' first set of interrogatories (Nos. 1-16); 2. Guardant's third supplemental responses and objections to Plaintiffs' third set of interrogatories to Guardant (Nos. 18-21), and 3. Guardant's second supplemental responses and objections to Plaintiffs' sixth set of interrogatories (Nos. 25-30) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 03/30/2023)
3/28/2023Remark: D.I. 261 has been unsealed. (lih) (Entered: 03/28/2023)
3/17/2023REDACTED VERSION of 254 Letter by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/17/2023)
3/17/2023
  • Motion to Stay Pending Inter Partes Review
MEMORANDUM ORDER re 209 MOTION to Stay Pending Inter Partes Review filed by Guardant Health, Inc. IT IS FURTHER ORDERED that the oral argument scheduled for March 21, 2023 at 11:00 a.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 3/17/2023. (Polito, Rebecca) (Entered: 03/17/2023)
3/16/2023NOTICE OF SERVICE of Non-Party Jeff Grainger's Objections and Responses to Subpoena to Testify at a Deposition in a Civil Action filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 03/16/2023)
3/16/2023REDACTED VERSION of 250 Letter,, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 03/16/2023)
3/16/2023REDACTED VERSION of 253 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Castellano, Jeff) Modified on 3/27/2023 (lih). (Entered: 03/16/2023)
3/16/2023REDACTED VERSION of 251 Letter by Guardant Health, 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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q-T, # 18 Exhibit U, # 19 Exhibit V, # 20 Certificate of Service)(Biggs, Brian) Modified on 3/27/2023 (lih). (Entered: 03/16/2023)
3/14/2023
  • Order
MEMORANDUM ORDER re 251 Letter, 250 Letter. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for March 15, 2023 at 11:00 a.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 3/14/2023.This order has been emailed to local counsel. (Polito, Rebecca) Modified on 3/28/2023 (lih). (Entered: 03/14/2023)
3/14/2023
  • Answer
ANSWER to 240 ANSWER Twinstrand Biosciences, Inc.'s Counterclaims in Reply by Guardant Health, Inc..(Castellano, Jeff) Modified on 3/27/2023 (lih). (Entered: 03/14/2023)
3/10/2023NOTICE OF SERVICE of Defendant Guardant Health Inc.'s Final Invalidity Contentions filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 03/10/2023)
3/10/2023Joint STATUS REPORT by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/10/2023)
3/10/2023NOTICE OF SERVICE of Plaintiffs' Final Invalidity Contentions and Step 4 Narrowing. filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 03/10/2023)
3/10/2023NOTICE OF SERVICE of 1) Plaintiffs' Narrowing of Asserted Claims (Step 3); 2) Plaintiffs' Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (Nos. 8, 22, & 25); and 3) Plaintiffs' Final Infringement Contentions and Claim Charts. filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 03/10/2023)
3/10/2023
  • Motion
PROPOSED ORDER re 251 Letter by Guardant Health, Inc.. (Biggs, Brian) Modified on 3/27/2023 (lih). (Entered: 03/10/2023)
3/10/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Samantha G. Wilson re 251 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wilson, Samantha) Modified on 3/22/2023 (lih). (Entered: 03/10/2023)
3/10/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano re 250 Letter. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Castellano, Jeff) Modified on 3/22/2023 (lih). (Entered: 03/10/2023)
3/10/2023252
  • Order
ORAL ORDER re 251 Letter: IT IS ORDERED that, on or before close of business on March 10, 2023, Defendant shall file a proposed form of Order outlining the relief requested in its discovery dispute letter submission in accordance with the Court's discovery dispute procedures found on the Court's website at ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Signed by Judge Sherry R. Fallon on 3/10/2023. (Polito, Rebecca) (Entered: 03/10/2023)
3/9/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Brian A. Biggs regarding Discovery Dispute . (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Certificate of Service)(Biggs, Brian) (Attachment 2 replaced on 3/9/2023) (mpb). (Attachment 17 replaced on 3/9/2023) (mpb). (Attachment 19 replaced on 3/9/2023) (mpb). (Attachment 20 replaced on 3/9/2023) (mpb). (Attachment 21 replaced on 3/9/2023) (mpb). Modified on 3/22/2023 (lih). (Entered: 03/09/2023)
3/9/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Samantha G. Wilson regarding Discovery Dispute . (Attachments: # 1 A, # 2 B, # 3 C, # 4 D, # 5 E, # 6 F, # 7 G, # 8 H, # 9 I, # 10 J, # 11 K, # 12 L, # 13 M, # 14 N, # 15 O, # 16 P, # 17 Q, # 18 R, # 19 S, # 20 T, # 21 U, # 22 V, # 23 W, # 24 X, # 25 Text of Proposed Order)(Wilson, Samantha) Modified on 3/22/2023 (lih). (Entered: 03/09/2023)
3/3/2023REDACTED VERSION of 243 Letter, by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 03/03/2023)
3/3/2023248
  • Order
ORAL ORDER- Due to a conflict with the court's calendar, IT IS HEREBY ORDERED that the discovery dispute teleconference set in this matter for 3:00 pm on March 15, 2023 is RESCHEDULED to 11:00 am on the same date. Ordered by Judge Sherry R. Fallon on 3/3/2023. (lih) (Entered: 03/03/2023)
3/3/2023247
  • OrderGranted
ORAL ORDER re 246 Joint Motion for Teleconference to Resolve Discovery Dispute: IT IS ORDERED that the parties' joint motion for a discovery dispute hearing is GRANTED-IN-PART. The Court will not hear argument on Plaintiff's Issue No. 4. The parties are expected to work on resolving the issue. The basis for the dispute is not stated in the Motion and it is reasonably likely that Documents identified during the deposition of a corporate witness should be produced absent a privilege objection. Regarding Guardant's Issue No. 1, the parties are instructed to include as an exhibit to each of their letter submissions a chronology of the relevant dates regarding Plaintiffs' accusation of Guardant's products, with specific references to exhibits and page numbers supporting those representations. Each side's chronology will assist the Court in addressing the dispute without shifting the burden to the Court to comb through a lengthy record on an expedited basis to develop its own chronology with respect to the timeliness arguments. A discovery dispute teleconference is set for March 15, 2023 at 3:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedures as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 3/14/2023 at 11:00 a.m., the parties shall send a joint email to Rebecca_Polito@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the disputes prior to the hearing and will, in that event, cancel the hearing. Set Deadlines: (Moving submission due by no later than 11:00 AM on 3/9/2023, Responsive submission due by no later than 11:00 AM on 3/10/2023). Ordered by Judge Sherry R. Fallon on 3/3/2023. (lih) (Entered: 03/03/2023)
3/2/2023
  • Motionby Π
Joint MOTION for a Teleconference to Resolve a Discovery Dispute - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Poff, Adam) (Entered: 03/02/2023)
3/2/2023REDACTED VERSION of 241 Letter by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Castellano, Jeff) Modified on 3/3/2023 (lih). (Entered: 03/02/2023)
2/28/2023244
  • Motion to Compel ResponseGranted
ORAL ORDER re D.I. 241 Letter, D.I. 243 Letter: The Court having reviewed the letter briefing on the parties' discovery disputes (D.I. 241, D.I. 243), IT IS ORDERED that: (1) Guardant's motion to compel a supplemental response to Interrogatory 22 is GRANTED-IN-PART. The only dispute regarding the sufficiency of TwinStrand's response to Interrogatory 22 is regarding the "identification of the steps performed by the purchasers and customers [of TwinStrand's product], and the steps performed by others." (D.I. 241, Ex. E at 9) TwinStrand produced instruction manuals identified by Bates number and listed every customer of the accused kits, but denies having any further information on how its purchasers and customers use the accused kits after purchase. (Id., Ex. E at 15-21) However, excerpts of the 30(b)(6) testimony of TwinStrand's witness, which were not cited by either party, suggest email communications exist regarding how customers use the kits. (D.I. 243, Ex. 1 at 188:17-189:19) On or before March 3, 2023, TwinStrand shall supplement its response to Interrogatory 22 limited to the documents referenced in the 30(b)(6) designee's testimony. Guardant's motion on Interrogatory 22 is DENIED without prejudice in all other respects. TwinStrand's supplemental responses to Interrogatory 22 set forth its position on non-infringement, and Guardant cites no case authority to support shifting the burden to TwinStrand to show what steps it does not perform. (2) Guardant's motion to compel TwinStrand to designate a 30(b)(6) witness on Topic 53 is DENIED. This topic exceeds the scope of discovery targeted by Interrogatory 22, it is not targeted or focused, and it does not define "non-parties" or establish how such contracts, agreements, or indemnification agreements with non-parties are relevant to TwinStrand's infringement defenses. The single sentence Guardant devotes to this topic in its letter brief does not show how TwinStrand's alleged relationships with non-parties is relevant to its infringement defenses. (3) Guardant's motion to compel TwinStrand to designate a 30(b)(6) witness on Topics 64-66 is DENIED. Topics 64-66 seek testimony on communications to investors or other parties regarding valuations of TwinStrand, valuations of TwinStrand's asserted patents, and valuations of this lawsuit or its outcome. (D.I. 241, Ex. A at 57-59) The cases cited by Guardant generally relate to allowance of discovery related to litigation funding, but these cases do not hold that such materials are always relevant without consideration of additional factors. See, e.g., Kajeet, Inc. v. Qustodio, LLC, 2019 WL 8060078, at *10 (C.D. Cal. Oct. 22, 2019); Acceleration Bay LLC v. Activision Blizzard, Inc., C.A. No. 16-453-RGA, 2018 WL 798731, at *3 (D. Del. Feb. 9, 2018). The Court is not persuaded on this record that Topics 64-66, which seek subjective evaluations about the value the patents might be proven to possess in the context of litigation, are relevant to alleged damages or lost profits as argued by Guardant. Moreover, valuation topics were addressed in the testimony on Topics 8 and 68, which addressed valuations of the Asserted Patents and the litigation or its outcome. (D.I. 241, Ex. A at 16, 60; D.I. 243, Ex. 4) The motion to compel designation of a 30(b)(6) witness on Topic 69 is GRANTED to allow Guardant to explore the factual foundation for the arguments made in TwinStrands answering brief on the motion to stay. (D.I. 241, Ex. A at 61; D.I. 225 at 6) TwinStrand shall designate a 30(b)(6) witness on Topic 69 on or before March 3, 2023. (4) Guardant's motion to compel the designation of a 30(b)(6) witness on Topics 12 and 23 is DENIED without prejudice because Guardant has not established the relevance and proportionality of the information sought. See Am. Bottling Co. Inc. v. Vital Pharms., Inc., C.A. No. 20-1268-TMH, 2021 WL 9599683, at *1 (D. Del. Sept. 27, 2021) ("A party moving to compel discovery bears the burden of demonstrating the relevance of the requested information."). Guardant contends that the information is relevant to claim construction, invalidity, non-infringement, inequitable conduct, and unclean hands. (D.I. 241 at 4) But claim construction has been briefed and argued, and Guardant's inequitable conduct counterclaim has been dismissed. (D.I. 190; D.I. 226) Guardant has not yet asserted the factual or legal basis for its unclean hands defense. (D.I. 243, Ex. 6 at 64-65) And Guardant has not established how any information beyond the public file histories of the Asserted Patents is relevant to Guardant's claims of invalidity and non-infringement. To the extent that the motion to compel also seeks the designation of a 30(b)(6) witness on Topics 13, 14, and 16, the motion is DENIED without prejudice as unripe because these topics were not identified in the parties' Joint Motion for a Discovery Dispute Teleconference, TwinStrand represents that the parties have not yet met and conferred on each of these topics (and Guardant cites no evidence to suggest otherwise), and the entirety of Guardant's argument on these requests is limited to a single sentence in its letter submission. (D.I. 229; D.I. 241 at 3 n.2; D.I. 243 at 4) (5) Guardant's motion to compel the designation of a 30(b)(6) witness on Topic 57 regarding TwinStrand's awareness of Guardant's asserted patents is GRANTED, and TwinStrand shall designate a witness on Topic 57 on or before March 3, 2023. TwinStrand does not object to the relevance of the requested information and provides no evidence in support of its claims of undue burden and expense. (D.I. 243 at 4) Testimony on Topic 57 is not likely to be unduly cumulative of TwinStrand's interrogatory response listing the date on which TwinStrand learned of Guardant's Asserted Patents. No reason has been argued to preclude discovery of the facts supporting the interrogatory response. The parties are to meet and confer on promptly completing the supplemental discovery ordered herein given the deadline for completion of fact discovery by March 3, 2023. (D.I. 219) IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for February 28, 2023 at 11:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 2/28/2023. (lih) (Entered: 02/28/2023)
2/24/2023[SEALED] Letter to the Honorable Sherry R. Fallon from Adam W. Poff regarding Discovery Dispute - re 241 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Poff, Adam) (Entered: 02/24/2023)
2/23/2023 Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Resolution of Plaintiffs' Issue: 1 in D.I. 229 - re 229 Joint MOTION for Teleconference to Resolve Discovery Dispute . (Poff, Adam) (Entered: 02/23/2023)
2/23/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order, # 7 Certificate of Service)(Castellano, Jeff) Modified on 2/23/2023 (lih). (Entered: 02/23/2023)
2/21/2023
  • Answer
ANSWER to 30 Amended Answer to Complaint, Counterclaim by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) Modified on 2/22/2023 (lih). (Entered: 02/21/2023)
2/21/2023NOTICE to Take Deposition of Jeff Wilson on February 22, 2023 filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 02/21/2023)
2/17/2023NOTICE OF SERVICE of Subpoena to Jeff Grainger filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)(Biggs, Brian) (Entered: 02/17/2023)
2/17/2023237
  • Order
ORAL ORDER- The court shall hear argument re 209 MOTION to Stay Pending Inter Partes Review on 3/21/2023 at 11:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov by no later than 11:00 AM on 3/20/2023. The Court may choose to resolve the motion prior to the hearing and will, in that event, cancel the hearing. Ordered by Judge Sherry R. Fallon on 2/17/2023. (lih) (Entered: 02/17/2023)
2/16/2023NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. # 227 . (lih) (Entered: 02/16/2023)
2/15/2023 Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Request for Oral Argument - re 209 MOTION to Stay Pending Inter Partes Review. (Castellano, Jeff) (Entered: 02/15/2023)
2/14/2023
  • Motion for Protective Order
PROTECTIVE ORDER- re 234 Stipulation. Signed by Judge Sherry R. Fallon on 2/14/2023. (lih) (Entered: 02/14/2023)
2/14/2023 STIPULATION Regarding Protective Order by Guardant Health, Inc.. (Castellano, Jeff) Modified on 2/15/2023 (lih). (Entered: 02/14/2023)
2/14/2023NOTICE OF SERVICE of 1) Plaintiffs' Second Supplemental Rule 26(a)(1) Initial Disclosures; and 2) Plaintiffs' Supplemental Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery. filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 02/14/2023)
2/14/2023NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (Nos. 4, 22, & 26) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 02/14/2023)
2/14/2023231
  • Order
SO ORDERED- re 229 Joint MOTION for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 2/28/2023 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 2/27/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 2/23/2023, Responsive submission due by no later than 11:00 AM on 2/24/2023). Signed by Judge Sherry R. Fallon on 2/14/2023. (lih) (Entered: 02/14/2023)
2/14/2023NOTICE OF SERVICE of Narrowing of Prior Art References filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 02/14/2023)
2/14/2023
  • Motionby Δ
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 02/14/2023)
2/13/2023NOTICE OF SERVICE of Plaintiffs' Step 2 Case Narrowing: Prior Art References and Arguments filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 02/13/2023)
2/13/2023
  • Motion to Stay Pending Inter Partes Reviewby Δ
REPLY BRIEF re 209 MOTION to Stay Pending Inter Partes Review filed by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 02/13/2023)
2/9/2023
  • Order
MEMORANDUM ORDER: IT IS HEREBY ORDERED that 1. Defendant Guardant's Objections (D.I. 152) to the Magistrate Judge's Report are OVERRULED; 2. The Magistrate Judge's Report (D.I. 145) is ADOPTED; 3. Plaintiffs' Partial Motion to Dismiss and Motion to Strike (D.I. 38) are GRANTED-IN-PART and DENIED-IN-PART; a. Guardant's Counterclaims VII and VIII are dismissed without prejudice; b. Guardant's Counterclaim V, to the extent it is based on § 135(b) (pre-AIA), is dismissed with prejudice; c. Guardant's Twelfth Affirmative Defense is stricken. 4. Plaintiffs' request seeking dismissal of University of Washington as a counterclaim-defendant is DENIED; and 5. Plaintiffs' Motion to Sever and Stay Counterclaims I to IV (D.I. 75) is DENIED without prejudice. Signed by Judge Gregory B. Williams on 2/9/23. (ntl) (Entered: 02/09/2023)
2/6/2023
  • Motion to Stay Pending Inter Partes Reviewby Π
ANSWERING BRIEF in Opposition re 209 MOTION to Stay Pending Inter Partes Review filed by TwinStrand Biosciences, Inc., University of Washington.Reply Brief due date per Local Rules is 2/13/2023. (Poff, Adam) (Entered: 02/06/2023)
2/3/2023NOTICE OF SERVICE of (1) Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiffs' Eighth Set of Request for Production (Nos. 282-288); (2) Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiffs' Sixth Set of Interrogatories to Guardant (Nos. 25-30); and (3) Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiffs' First Set of Requests for Admission (Nos. 1-30) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 02/03/2023)
2/3/2023NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Guardant's Eighth Set of Interrogatories (Nos. 26-28) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 02/03/2023)
2/3/2023NOTICE OF SERVICE of Plaintiffs' Initial Narrowing of Asserted Claims filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 02/03/2023)
2/1/2023NOTICE OF SERVICE of Plaintiffs' Second Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (No. 22) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 02/01/2023)
1/31/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 220 MOTION for Pro Hac Vice Appearance of Attorney David H. Holman and Louis Panzica, Jr.. Signed by Judge Sherry R. Fallon on 1/31/2023. (lih) (Entered: 01/31/2023)
1/31/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney David H. Holman and Louis Panzica, Jr. - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Poff, Adam) (Entered: 01/31/2023)
1/31/2023
  • Order
MEMORANDUM ORDER AMENDING CASE SCHEDULE- re 214 Emergency Motion To Extend Schedule. Set Scheduling Order deadlines: Fact Discovery completed by 3/3/2023. Status Report due by 3/10/2023. (PLEASE REFER TO MEMORANDUM ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 1/31/2023. (lih) (Entered: 01/31/2023)
1/30/2023
  • Responseby Π
RESPONSE to Motion re 214 Emergency Motion To Extend Schedule filed by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Appendix A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Poff, Adam) (Entered: 01/30/2023)
1/27/2023217
  • Order
ORAL ORDER re D.I. 214 Emergency Motion to Extend Schedule: IT IS ORDERED that, on or before January 30, 2023, Plaintiffs shall file a response to Defendant's Emergency Motion to Extend the Schedule, limited to no more than nine (9) pages. Ordered by Judge Sherry R. Fallon on 1/27/2023. (lih) (Entered: 01/27/2023)
1/26/2023 Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Guardant's Emergency Motion - re 214 MOTION To Extend Schedule (Emergency Motion) . (Castellano, Jeff) (Entered: 01/26/2023)
1/26/2023
  • Responseby Π
RESPONSE TO OBJECTIONS by TwinStrand Biosciences, Inc., University of Washington re 198 Objection to Report and Recommendations . (Poff, Adam) (Entered: 01/26/2023)
1/26/2023
  • Motion
Emergency Motion To Extend Schedule - filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Castellano, Jeff) Modified on 1/27/2023 (lih). (Entered: 01/26/2023)
1/24/2023NOTICE to Take Deposition of Marcin Sikora on February 3, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/24/2023)
1/23/2023NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatory No. 2 filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/23/2023)
1/23/2023 DECLARATION of Jeff Castellano re 209 MOTION to Stay Pending Inter Partes Review by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Castellano, Jeff) Modified on 1/23/2023 (lih). (Entered: 01/23/2023)
1/23/2023 OPENING BRIEF in Support re 209 MOTION to Stay Pending Inter Partes Review filed by Guardant Health, Inc..Answering Brief/Response due date per Local Rules is 2/6/2023. (Castellano, Jeff) Modified on 1/23/2023 (lih). (Entered: 01/23/2023)
1/23/2023
  • Motion to Stay Pending Inter Partes Review
MOTION to Stay Pending Inter Partes Review - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Castellano, Jeff) Modified on 1/23/2023 (lih). (Entered: 01/23/2023)
1/19/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 208 MOTION for Pro Hac Vice Appearance of Attorney Alexander V. Alfano and Brady P. Gleason. Signed by Judge Sherry R. Fallon on 1/19/2023. (lih) (Entered: 01/19/2023)
1/19/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Alexander V. Alfano, Esquire and Brady P. Gleason, Esquire - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Poff, Adam) (Entered: 01/19/2023)
1/19/2023NOTICE OF SERVICE of Plaintiffs' Supplementary Identification of Accused Products, Accused Services, and Invalidity References filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 01/19/2023)
1/19/2023NOTICE OF SERVICE of 1) Plaintiff TwinStrand Biosciences, Inc.'s Responses and Objections to Defendant's Supplemental Notice of Deposition Pursuant to Fed. R. Civ. 30(b)(6) and 2) Plaintiff University of Washington's Responses and Objections to Defendant's Notice of Deposition Pursuant to Fed. R. Civ. 30(b)(6) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 01/19/2023)
1/18/2023NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Supplemental Identification of Accused Products and Invalidity References filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 01/18/2023)
1/18/2023NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiffs' Seventh Set of Requests for Production (Nos. 259-281) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 01/18/2023)
1/17/2023NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s 26(a) Second Supplemental Initial Disclosures filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 01/17/2023)
1/17/2023NOTICE OF SERVICE of Subpoena to produced documents and subpoena to testify at a deposition to Foundation Medicine, Inc. filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Castellano, Jeff) (Entered: 01/17/2023)
1/13/2023NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Guardant's Seventh Set of Interrogatories (No. 25) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 01/13/2023)
1/13/2023NOTICE OF SERVICE of Defendant's Subpoena to Fred Hutchinson Cancer Center filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)(Castellano, Jeff) (Entered: 01/13/2023)
1/13/2023NOTICE OF SERVICE of Defendant's Objections and Responses to Twinstrand Biosciences, Inc. & University of Washington Notice of Deposition of Guardant Health, Inc. Pursuant to Fed. R. Civ. P. 30(B)(6) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 01/13/2023)
1/12/2023OBJECTION to 190 Report and Recommendations by Guardant Health, Inc.. (Castellano, Jeff) Modified on 1/13/2023 (lih). (Entered: 01/12/2023)
1/12/2023
  • Order
ORDER- GRANTING 196 STIPULATION Supplementing Protective Order for Non-Party Materials. Signed by Judge Sherry R. Fallon on 1/12/2023. (lih) (Entered: 01/12/2023)
1/12/2023 STIPULATION Supplementing Protective Order for Non-Party Materials by Guardant Health, Inc.. (Castellano, Jeff) Modified on 1/12/2023 (lih). (Entered: 01/12/2023)
1/12/2023NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Supplemental Disclosures Pursuant to Paragraph 1 of the Scheduling Order and Paragraph 3 of the Court's Default E-Discovery Order filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 01/12/2023)
1/10/2023NOTICE OF SERVICE of 1) Plaintiffs' First Set of Requests for Admission to Guardant (Nos. 1-30); 2)Plaintiffs' Eighth Set of Requests for the Production of Documents and Things to Guardant (Nos. 282-288); 3) Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Eighth Set of Requests for Production (Nos. 212-261); and 4) Plaintiffs' Sixth Set of Interrogatories to Guardant (Nos. 25-30) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/10/2023)
1/4/2023NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Eighth Set of Interrogatories to Plaintiff TwinStrand Biosciences, Inc. and University of Washington (Nos. 26-28) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 01/04/2023)
12/30/2022NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (Nos. 1, 6, 8, 14, 17, 19, 22 & 23) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 12/30/2022)
12/30/2022NOTICE OF SERVICE of 1. Defendant Guardant Health, Inc.s Second and Fourth Supplemental Responses and Objections to Plaintiffs First Set of Interrogatories (Nos. 1-16); 2. Defendant Guardant Health, Inc.s First Supplemental Responses and Objections to Plaintiffs Third Set of Interrogatories to Guardant (NOS. 18-21); and 3. Defendant Guardant Health, Inc.s First Supplemental Responses and Objections to Plaintiffs Second Set of Interrogatories (No. 17) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/30/2022)
12/29/2022
  • Motion for Claim Construction
REPORT AND RECOMMENDATIONS re 128 MOTION for Claim Construction Hearing filed by Guardant Health, Inc., 135 MOTION for Claim Construction Hearing filed by University of Washington, TwinStrand Biosciences, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 1/12/2023. Signed by Judge Sherry R. Fallon on 12/29/2022. (Polito, Rebecca) (Entered: 12/29/2022)
12/21/2022NOTICE OF SERVICE of Plaintiffs' Fifth Set of Interrogatories to Guardant (Nos. 23-24) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/21/2022)
12/21/2022Official Transcript of Markman Hearing held on 12/6/2022 before Judge Magistrate Judge Fallon. Court Reporter/Transcriber Veritext, Contact: 302-571-0510. 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 1/11/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/21/2023. (smg) (Entered: 12/21/2022)
12/20/2022 NOTICE of Defendant's Supplemental Notice of Deposition to TwinStrand Biosciences, Inc. by Guardant Health, Inc. (Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE OF SERVICE of Subpoena to SoftGenetics LLC, Thermo Fisher Scientific Inc., Pacific Biosciences of California, Inc. and Lara Dueppen filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Jesse Salk, MD, Ph.D. on January 27, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Scott Kennedy, Ph.D. on January 20, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Michael Schmitt, Ph.D. on January 19, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Lawrence Loeb, MD, Ph.D. on February 3, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Jennifer McCullar, Ph.D. on January 27, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Jake Higgins on February 3, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Fran Moses on January 30, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Charles (Clint) Valentine on February 1, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/20/2022NOTICE to Take Deposition of Aaron Boswell on January 30, 2023 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/20/2022)
12/16/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Privilege Log filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/16/2022)
12/16/2022NOTICE OF SERVICE of Plaintiffs' Seventh Set of Requests for the Production of Documents and Things to Guardant (Nos. 259-281) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/16/2022)
12/15/2022NOTICE to Take Deposition of University of Washington ("UW") on January 16, 2023 filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Castellano, Jeff) (Entered: 12/15/2022)
12/15/2022NOTICE to Take Deposition of TwinStrand Biosciences, Inc. on January 18, 2023 filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit A)(Castellano, Jeff) (Entered: 12/15/2022)
12/14/2022NOTICE to Take Deposition of Michael Wiley on January 26, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Stefanie Mortimer, Ph.D. on January 19, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Jean Qiu on January 31, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Helmy Eltoukhy, Ph.D. on January 17, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of Bill Getty on January 24, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/14/2022)
12/14/2022NOTICE to Take Deposition of AmirAli Talasaz, Ph.D. on January 12, 2023 filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/14/2022)
12/14/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Seventh Set of Interrogatories to Plaintiff TwinStrand Biosciences, Inc. and University of Washington (No. 25) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/14/2022)
12/13/2022NOTICE OF SERVICE of 1) Plaintiffs' Notice of Deposition to Defendant Guardant Health, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6); 2) Plaintiffs' First Supplemental Objections and Responses to Defendant Guardant Health, Inc.'s Interrogatories (Nos. 4 & 10); and 3) Plaintiffs' Second Supplement to the Initial Claim Charts on Infringement filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 12/13/2022)
12/12/2022NOTICE OF SERVICE of (1) Defendant Guardant Health, Inc.s Responses and Objections to Plaintiffs Fourth Set of Interrogatories to Guardant (No. 22); and (2) Defendant Guardant Health, Inc.s Second and Third Supplemental Responses and Objections to Plaintiffs First Set of Interrogatories (Nos. 1-16) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 12/12/2022)
12/8/2022NOTICE OF SERVICE of Defendant's Subpoenas to SoftGenetics, LLC; Applied Biosciences LLC; Thermo Fisher Scientific In.; and Illumina, Inc filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Castellano, Jeff) (Entered: 12/08/2022)
12/6/2022Minute Entry for proceedings held before Judge Sherry R. Fallon - Markman Hearing held on 12/6/2022. (Court Reporter John Donnelly (Veritext).) (lih) (Entered: 12/06/2022)
12/5/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 162 MOTION for Pro Hac Vice Appearance of Attorney Tyler J. Dutton filed by University of Washington, TwinStrand Biosciences, Inc.. Signed by Judge Sherry R. Fallon on 12/5/2022. (Polito, Rebecca) (Entered: 12/05/2022)
12/5/2022
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Tyler J. Dutton - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Wilson, Samantha) (Entered: 12/05/2022)
12/1/2022NOTICE of Change of Address by Jeff Castellano (Castellano, Jeff) (Entered: 12/01/2022)
11/30/2022
  • Responseby Π
RESPONSE TO OBJECTIONS by TwinStrand Biosciences, Inc., University of Washington re 152 Objections, . (Wilson, Samantha) (Entered: 11/30/2022)
11/30/2022NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Seventh Set of Requests for Production (Nos. 200-211) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 11/30/2022)
11/30/2022158
  • Order
ORAL ORDER re: D.I. 128 , D.I. 135 Motions for Claim Construction Hearing: IT IS ORDERED that, no later than December 1, 2022, the parties shall provide an audio-only dial-in number via a joint email to Larisha_Hicks@ded.uscourts.gov. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov no less than 24 hours before the Markman Hearing on December 6, 2022, at 10:00 a.m. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. Ordered by Judge Sherry R. Fallon on 11/30/2022. (lih) (Entered: 11/30/2022)
11/29/2022 EXHIBIT 48 re 129 Joint Claim Construction Brief by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) Modified on 11/29/2022 (lih). (Entered: 11/29/2022)
11/28/2022156
  • Order
ORAL ORDER re 133 Appendix: Whereas, the parties' joint claim construction brief cites to a deposition transcript of Dr. Ehlrich, identified as Exhibit 48 (D.I. 129 at 24-26), but the parties' joint appendix does not include a copy of Exhibit 48, IT IS ORDERED that the parties shall file a copy of Dr. Ehlrich's deposition transcript, identified as Exhibit 48, on or before close of business on November 29, 2022. Signed by Judge Sherry R. Fallon on 11/28/2022. (Polito, Rebecca) (Entered: 11/28/2022)
11/22/2022
  • Motion to Extend Time
SO ORDERED, re 155 STIPULATION TO EXTEND TIME for Plaintiffs to Respond to Guardant Health, Inc.'s Objections to Report and Recommendation (D.I. 145) to November 30, 2022 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Gregory B. Williams on 11/22/22. (ntl) (Entered: 11/22/2022)
11/21/2022
  • Motion to Extend Timeby Π
STIPULATION TO EXTEND TIME for Plaintiffs to Respond to Guardant Health, Inc.'s Objections to Report and Recommendation (D.I. 145) to November 30, 2022 - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 11/21/2022)
11/21/2022Pro Hac Vice Attorney Nancy C. Braman for Guardant Health, 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: 11/21/2022)
11/17/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 154 MOTION for Pro Hac Vice Appearance of Attorney Nancy C. Braman. Signed by Judge Sherry R. Fallon on 11/17/2022. (lih) (Entered: 11/17/2022)
11/16/2022
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Nancy C. Braman - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 11/16/2022)
11/16/2022 NOTICE of Withdrawal of Appearance of Kristin Beale by Guardant Health, Inc. (Castellano, Jeff) (Entered: 11/16/2022)
11/15/2022Remark: D.I. 145 has been unsealed. (lih) (Entered: 11/15/2022)
11/14/2022 OBJECTIONS by Guardant Health, Inc. to 145 REPORT AND RECOMMENDATIONS re 75 MOTION to Sever and Stay Guardant Health's Counterclaims (I-IV) filed by University of Washington, TwinStrand Biosciences, Inc., 38 MOTION to Dismiss for Failure to State a Claim [PLAINTIFFS' . (Castellano, Jeff) (Entered: 11/14/2022)
11/11/2022NOTICE OF SERVICE of Plaintiffs' Fourth Set of Interrogatories to Guardant (No. 22) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 11/11/2022)
11/8/2022 NOTICE of Subpoena to Lucigen Corporation by TwinStrand Biosciences, Inc., University of Washington (Attachments: # 1 Exhibit A - Subpoena)(Wilson, Samantha) (Entered: 11/08/2022)
11/8/2022 NOTICE of Subpoena to Gilson, Inc. by TwinStrand Biosciences, Inc., University of Washington (Attachments: # 1 Exhibit A - Subpoena)(Wilson, Samantha) (Entered: 11/08/2022)
11/7/2022
  • Order
ORAL ORDER- re 145 Sealed Report and Recommendation. The time for compliance with the court's deadline for submission of proposed redactions to D.I. 145 , filed under seal, having expired on 11/4/2022, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. 145 will be unsealed for viewing on the public docket on 11/14/2022. Ordered by Judge Sherry R. Fallon on 11/7/2022. (lih) (Entered: 11/07/2022)
11/3/2022Pro Hac Vice Attorney Justin L. Constant for Guardant Health, 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: 11/03/2022)
11/2/2022NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Sixth Set of Interrogatories (Nos. 23-24) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 11/02/2022)
11/1/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 147 MOTION for Pro Hac Vice Appearance of Attorney Justin L. Constant. Signed by Judge Sherry R. Fallon on 11/1/2022. (lih) (Entered: 11/01/2022)
11/1/2022
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Justin L. Constant - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Biggs, Brian) (Entered: 11/01/2022)
10/31/2022NOTICE OF SERVICE of Defendant Guardant Health Inc.'s Seventh Set of Requests for Production to Plaintiffs Twinstrand Biosciences, Inc. and University of Washington (Nos. 200-211) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 10/31/2022)
10/31/2022CORRECTING ENTRY: The notice of service previously filed as D.I. 146 has been deleted due to document having the wrong case caption. Counsel is advised to file a revised version of the document with the correct case caption. (lih) (Entered: 10/31/2022)
10/28/2022
  • Motion to Sever
REPORT AND RECOMMENDATIONS- re 75 MOTION to Sever and Stay Guardant Health's Counterclaims, 38 MOTION to Dismiss for Failure to State a Claim. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/14/2022. Signed by Judge Sherry R. Fallon on 10/28/2022.This order has been emailed to local counsel. (lih) (Entered: 10/28/2022)
10/27/2022Minute Entry for proceedings held before Judge Sherry R. Fallon - Motion Hearing held on 10/27/2022 re 75 MOTION to Sever and Stay Guardant Health's Counterclaims and 38 MOTION to Dismiss. (Court Reporter D. Hawkins.) (lih) (Entered: 10/27/2022)
10/25/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 144 MOTION for Pro Hac Vice Appearance of Attorney Sean Cunningham. Signed by Judge Sherry R. Fallon on 10/25/2022. (lih) (Entered: 10/25/2022)
10/25/2022
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Sean Cunningham - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 10/25/2022)
10/21/2022REDACTED VERSION of 136 Letter, by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit A through G)(Wilson, Samantha) (Entered: 10/21/2022)
10/21/2022REDACTED VERSION of 132 Letter, by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 10/21/2022)
10/20/2022REDACTED VERSION of 127 Letter, by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 10/20/2022)
10/20/2022REDACTED VERSION of 126 Letter,, by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 10/20/2022)
10/19/2022NOTICE OF SERVICE of Plaintiffs' Sixth Set of Requests for the Production of Documents and Things to Guardant (Nos. 211-258) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 10/19/2022)
10/18/2022138
  • Motion to StrikeDenied
ORAL ORDER re 127 Letter, 126 Letter: Having reviewed the letter briefing on the parties' discovery disputes (D.I. 126, D.I. 127, D.I. 132, D.I. 136), IT IS ORDERED that: (1) The Court has addressed case narrowing in a separate Order at D.I. 137; (2) Defendant's motion to strike Plaintiffs' infringement contentions regarding the Guardant Inform and Guardant Connect services is DENIED. "Striking a patentees infringement contentions is a severe sanction that should be used sparingly and only for good cause." Avago Techs., Inc. v. IPtronics Inc., 2015 WL 4647923, at *2 (N.D. Cal. Aug. 5, 2015). Defendant's challenge to the merits of Plaintiffs' infringement contentions does not constitute good cause because "a motion to strike contentions is not the appropriate vehicle to assess whether... infringement theories are legally viable." (D.I. 136, Ex. A) Plaintiffs' infringement contentions are preliminary, not final; Plaintiffs' claim charts are timely; and the claim charts sufficiently provide notice of Plaintiffs' infringement contentions regarding the Guardant Inform and Guardant Connect services at this stage. (D.I. 126, Ex. I at 9-11) For these reasons, the authority cited by Defendant is distinguishable. Cf. Personal Audio, LLC v. Google LLC, C.A. No. 17-1751-CFC-CJB, D.I. 290 at 2 (D. Del. Nov. 15, 2018) (compelling supplementation of final contentions where certain devices accused of infringement were not charted); Round Rock Research LLC v. Lenovo Group Ltd., C.A. No. 11-1011-RGA, D.I. 86 (D. Del. June 14, 2013) (limiting the accused products to those included in infringement contentions and claim charts); Walker Digital, LLC v. Google Inc., C.A. No. 11-309-SLR, 2013 WL 2949109, at *2 (D. Del. June 14, 2013) (striking infringement contentions that were not timely disclosed); EON Corp. IP Holdings LLC v. FLO TV Inc., C.A. No. 10-812-RGA, 2013 WL 5883759, at *1 (D. Del. Oct. 30, 2013) (excluding infringement contentions on products that were not charted); Uniloc 2017 LLC v. Apple, Inc., 2019 WL 8810168 (N.D. Cal. Dec. 16, 2019) (permitting amendment of contentions stricken pursuant to N.D. Cal. patent local rules); (3) Plaintiffs' motion to compel Defendant to produce core technical documents, sales figures, and documents responsive to RFP Nos. 1-4, 6-8, 14, 29, and 33 for the Guardant Inform and Guardant Connect services is GRANTED, and production is due on or before November 18, 2022. Defendant's substantive challenge to the merits of Plaintiffs' infringement contentions does not provide a reasonable basis to withhold discovery. See Greatbatch Ltd. v. AVX Corp., 179 F. Supp. 3d 370, 374 (D. Del. 2016) (rejecting the argument that the substantive weakness of the infringement contentions should negate the obligation to produce core technical documents); see also Contour IP Holding, LLC v. GoPro, Inc., C.A. No. 15-1108-LPS, D.I. 65 (D. Del. July 6, 2016) (granting request to compel core technical document production as required by the scheduling order). IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for October 19, 2022 at 2:00 p.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 10/18/2022. (Polito, Rebecca) (Entered: 10/18/2022)
10/18/2022
  • Order
ORDER Regarding Case Narrowing. Signed by Judge Sherry R. Fallon on 10/18/2022. (lih) (Entered: 10/18/2022)
10/17/2022NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. # 128 . (lih) (Entered: 10/17/2022)
10/14/2022[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Discovery Dispute - re 126 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Poff, Adam) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022 MOTION for Claim Construction Hearing - filed by TwinStrand Biosciences, Inc., University of Washington. Motions referred to Sherry R. Fallon.(Wilson, Samantha) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022 APPENDIX- Volume 4 of 4 (Exhibits A-U) re 129 Joint Claim Construction Brief by TwinStrand Biosciences, Inc., University of Washington. (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Wilson, Samantha) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022 APPENDIX- Volume 3 of 4 (Exhibits 35-47) re 129 Joint Claim Construction Brief by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 35, # 2 Exhibit 36, # 3 Exhibit 37, # 4 Exhibit 38, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41, # 8 Exhibit 42, # 9 Exhibit 43, # 10 Exhibit 44, # 11 Exhibit 45, # 12 Exhibit 46, # 13 Exhibit 47)(Wilson, Samantha) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Discovery Dispute - re 127 Letter,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(Castellano, Jeff) (Entered: 10/14/2022)
10/14/2022 APPENDIX- Volume 2 of 4 (Exhibits 20-34) re 129 Joint Claim Construction Brief by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21, # 3 Exhibit 22, # 4 Exhibit 23, # 5 Exhibit 24, # 6 Exhibit 25, # 7 Exhibit 26, # 8 Exhibit 27, # 9 Exhibit 28, # 10 Exhibit 29, # 11 Exhibit 30, # 12 Exhibit 31, # 13 Exhibit 32, # 14 Exhibit 33, # 15 Exhibit 34)(Wilson, Samantha) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022 APPENDIX- Volume 1 of 4 (Exhibits 1-19) re 129 Joint Claim Construction Brief by TwinStrand Biosciences, Inc., University of Washington. (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Wilson, Samantha) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022 JOINT CLAIM CONSTRUCTION BRIEF filed by University of Washington, TwinStrand Biosciences, Inc.. (Wilson, Samantha) (Entered: 10/14/2022)
10/14/2022 MOTION for Claim Construction Hearing - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) Modified on 10/17/2022 (lih). (Entered: 10/14/2022)
10/14/2022CORRECTING ENTRY: A certificate of service has been added to D.I. 127 . (lih) (Entered: 10/14/2022)
10/13/2022[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Discovery Dispute. (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, # 11 Text of Proposed Order)(Poff, Adam) (Additional attachment(s) added on 10/14/2022: # 12 Certificate of Service) (lih). (Entered: 10/13/2022)
10/13/2022[SEALED] Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Discovery Dispute - re 106 Joint MOTION for Teleconference to Resolve Discovery Disputes. (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Text of Proposed Order, # 18 Text of Proposed Order, # 19 Certificate of Service)(Castellano, Jeff) (Entered: 10/13/2022)
10/10/2022NOTICE OF SERVICE of Sur-Reply Claim Construction Brief filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 10/10/2022)
10/6/2022
  • Order
ORAL ORDER- re 124 Letter. IT IS HEREBY ORDERED that the Markman Hearing shall proceed on December 6, 2022 at 10:00 a.m. Ordered by Judge Sherry R. Fallon on 10/6/2022. (lih) (Entered: 10/06/2022)
10/6/2022 Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Markman hearing schedule. (Castellano, Jeff) Modified on 10/6/2022 (lih). (Entered: 10/06/2022)
10/4/2022
  • Order
ORAL ORDER- re 118 Letter and 122 Letter. Defendant has asked to reschedule the claim construction hearing presently set to go forward on December 6, 2022, and to push it into January of 2023, due to conflicts with Defendant's lead counsel's trial calendar. Plaintiff opposes the request to move the claim construction hearing as far as January of 2023, but does not oppose moving it to an earlier date, i.e., October 27 or the week of November 28, 2022. The parties' letters assume that hearing dates can be altered without disruption of the balance of the case schedule and that the court has flexibility to accommodate the proposed requests, unfortunately, these assumptions are not accurate. The parties' options are as follows: either the claim construction hearing remains as scheduled for December 6, 2022, beginning at 10:00 a.m., or the court will move it up a week to November 29, 2022 at 10:00 a.m. The parties shall meet and confer and jointly advise the court of the date selected, in a one page letter due on or before October 6, 2022. Ordered by Judge Sherry R. Fallon on 10/4/2022. (lih) (Entered: 10/04/2022)
10/3/2022NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Guardant Health Inc.'s Sixth Set of Requests for Production (Nos. 187-199) and 2) Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Fifth Set of Interrogatories (No. 22) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 10/03/2022)
10/3/2022 Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding response to September 30 oral order. (Poff, Adam) Modified on 10/4/2022 (lih). (Entered: 10/03/2022)
10/3/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Sixth Set of Interrogatories to Plaintiffs TwinStrand Biosciences, Inc. and University of Washington (Nos. 23-24) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 10/03/2022)
9/30/2022
  • Motion for Protective Order
Supplemental Protective Order for Nonparty Materials. Signed by Judge Sherry R. Fallon on 9/30/2022. (lih) (Entered: 09/30/2022)
9/30/2022
  • Order
ORAL ORDER- GRANTING-IN-PART 118 Letter Request. IT IS HEREBY ORDERED, pursuant to the stipulated request of the parties, that the Motion Hearing previously set in this matter for November 1, 2022 at 10:00 a.m. is RESCHEDULED to October 27, 2022 at 11:00 AM in Courtroom 6C before Judge Sherry R. Fallon. The previously imposed time limit of one hour shall remain in effect. No later than 10/24/2022 at 11:00 AM, the parties shall provide an audio-only dial-in number via a joint email to Larisha_Hicks@ded.uscourts.gov. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov by no later than 11:00 AM on 10/24/2022. The Court may choose to resolve the motions prior to the hearing and will, in that event, cancel the hearing. IT IS FURTHER ORDERED that by no later than close of business on October 3, 2022, Plaintiff shall submit a letter, limited to no more than two pages, that states if there is any opposition to the request to reschedule the Markman Hearing and if they have a compromise proposal for an alternative date. Ordered by Judge Sherry R. Fallon on 9/30/2022. (lih) (Entered: 09/30/2022)
9/30/2022 STIPULATION Supplementing Protective Order for Nonparty Materials by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) Modified on 9/30/2022 (lih). (Entered: 09/30/2022)
9/29/2022 Letter to The Honorable Sherry R. Fallon from Jeff Castellano regarding Request to Reschedule Hearings. (Castellano, Jeff) (Entered: 09/29/2022)
9/29/2022
  • Order
ORAL ORDER re D.I. 112 Joint Motion for Extension of Time: IT IS ORDERED that, when the Joint Claim Construction Brief is filed on October 14, 2022, the parties shall simultaneously file motions requesting a hearing on claim construction which include the following: (1) a verification that briefing on claim construction is complete; (2) an estimate of how much time is requested for the hearing on December 6, 2022; and (3) a statement regarding whether any live expert witness testimony is anticipated. IT IS FURTHER ORDERED that any slide presentations the parties plan to use during the claim construction hearing should be emailed (in PDF format) to Rebecca_Polito@ded.uscourts.gov by no later than 10:00 a.m. on November 30, 2022. Ordered by Judge Sherry R. Fallon on 9/29/2022. (lih) (Entered: 09/29/2022)
9/26/2022NOTICE to Take Deposition of Garth D. Ehrlich, Ph.D. on September 28, 2022 filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 09/26/2022)
9/26/2022Pro Hac Vice Attorney Edward R. Reines and Derek C. Walter for Guardant Health, 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: 09/26/2022)
9/26/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 116 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter. Signed by Judge Sherry R. Fallon on 9/26/2022. (lih) (Entered: 09/26/2022)
9/26/2022
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines and Derek C. Walter - filed by Guardant Health, Inc.. Motions referred to Sherry R. Fallon.(Castellano, Jeff) (Entered: 09/26/2022)
9/20/2022NOTICE OF SERVICE of Plaintiffs' Reply Claim-Construction Brief filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 09/20/2022)
9/16/2022Joint STATUS REPORT by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 09/16/2022)
9/15/2022
  • Order
ORAL ORDER- The court shall hear argument re 38 MOTION to Dismiss for Failure to State a Claim and 75 MOTION to Sever and Stay Guardant Health's Counterclaims on 11/1/2022 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. No later than 10/27/2022 at 11:00 AM, the parties shall provide an audio-only dial-in number via a joint email to Larisha_Hicks@ded.uscourts.gov. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov by no later than 11:00 AM on 10/27/2022. The Court may choose to resolve the motions prior to the hearing and will, in that event, cancel the hearing. Ordered by Judge Sherry R. Fallon on 9/15/2022. (lih) (Entered: 09/15/2022)
9/15/2022
  • Standing Order
REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. numbers 38 , 39 , 43 , 48 , 75 , 76 , 82 , 83 , 84 , 86 , 87 , 96 , 98 , 104 , and 105 in an envelope or box addressed to Judge Fallon's chambers. Counsel is advised to make sure that the D.I. number of each document is written in the upper right hand corner of each courtesy copy. (lih) Modified on 9/15/2022 (lih). (Entered: 09/15/2022)
9/14/2022
  • Order
ORAL ORDER re D.I. 112 Stipulation to Extend Time: IT IS ORDERED that the parties' stipulation to extend the claim construction briefing deadlines is GRANTED and the Joint Claim Construction Brief shall be due on or before October 14, 2022. IT IS FURTHER ORDERED that the parties shall submit a status report on or before September 16, 2022 that: (1) describes their efforts to narrow the number of disputed terms since the Joint Claim Construction Chart was filed (D.I. 84); and (2) identifies the terms which still remain in dispute. IT IS FURTHER ORDERED that a Markman hearing is scheduled for December 6, 2022 at 10:00 a.m. in Courtroom 6C before the Hon. Sherry R. Fallon, and a decision on claim construction shall issue on or before December 30, 2022. Ordered by Judge Sherry R. Fallon on 9/14/2022. (lih) (Entered: 09/14/2022)
9/13/2022113
  • Order
ORAL ORDER REFERRING CASE TO Magistrate Judge Sherry R. Fallon: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. §636(b) and any further Order of the Court. ORDERED by Judge Gregory B. Williams on 9/13/22. (ntl) (Entered: 09/13/2022)
9/12/2022
  • Motion to Extend Time to File Replyby Π
STIPULATION TO EXTEND TIME to Serve/File Reply, Sur-Reply, and the Joint Claim Construction Briefs to September 20, 2022; October 10, 2022; and October 14, 2022 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 09/12/2022)
9/9/2022NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiffs' Fifth Set of Requests for Production (Nos. 191-210) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 09/09/2022)
9/8/2022Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg) (Entered: 09/08/2022)
9/7/2022
  • Motion to Extend Time
SO ORDERED- re 109 STIPULATION TO EXTEND TIME for the substantial completion of document production to September 23, 2022. Signed by Judge Sherry R. Fallon on 9/7/2022. (lih) (Entered: 09/07/2022)
9/6/2022NOTICE to Take Deposition of Dr. John Quackenbush on September 9, 2022 filed by TwinStrand Biosciences, Inc..(Wilson, Samantha) (Entered: 09/06/2022)
9/6/2022
  • Motion to Extend Timeby Δ
STIPULATION TO EXTEND TIME for the substantial completion of document production to September 23, 2022 - filed by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 09/06/2022)
9/2/2022NOTICE OF SERVICE of (1) Defendant Guardant Health Inc.'s Sixth Set of Requests for Production to Plaintiffs Twinstrand Biosciences, Inc. and University of Washington (Nos. 187 - 199) and (2) Defendant Guardant Health, Inc.'s Fifth Set of Interrogatories to Plaintiffs Twinstrand Biosciences, Inc. and University of Washington (No. 22) filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 09/02/2022)
8/29/2022
  • Order
SO ORDERED, re 106 Joint MOTION for Teleconference to Resolve Discovery Disputes: A Telephone Conference is set for 10/19/2022 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 10/18/2022 at 2:00 p.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the Court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submissions due by no later than 10/13/2022, Responsive submissions due by no later than 10/14/2022). Signed by Judge Sherry R. Fallon on 8/29/2022. (Polito, Rebecca) (Entered: 08/29/2022)
8/26/2022NOTICE OF SERVICE of Defendant's Answering Claim Construction Brief filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 08/26/2022)
8/26/2022
  • Motion
Joint MOTION for Teleconference to Resolve Discovery Disputes - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) Modified on 9/7/2022 (lih). (Entered: 08/26/2022)
8/26/2022 STATEMENT regarding Plaintiffs' Claim Construction Technology Tutorial by Guardant Health, Inc.. (Castellano, Jeff) Modified on 9/7/2022 (lih). (Entered: 08/26/2022)
8/26/2022Joint Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding time and testimony submission regarding Markman hearing. (Poff, Adam) (Entered: 08/26/2022)
8/22/2022NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Guardant Health Inc.'s Fifth Set of Requests for Production (Nos. 146 - 186) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 08/22/2022)
8/18/2022NOTICE OF SERVICE of Plaintiffs' Fifth Set of Requests for the Production of Documents and Things to Guardant (Nos. 191-210) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 08/18/2022)
8/18/2022NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiffs' Fourth Set of Requests for Production (Nos. 175-190) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 08/18/2022)
8/5/2022NOTICE OF SERVICE of Subpoena to Johns Hopkins University filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1)(Castellano, Jeff) (Entered: 08/05/2022)
7/28/2022NOTICE OF SERVICE of Plaintiffs' Opening Claim-Construction Brief filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 07/28/2022)
7/27/2022CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb) (Entered: 07/27/2022)
7/27/202298MULTI MEDIA DOCUMENT filed by Guardant Health, Inc. in the form of a DVD - Technology Tutorial. Filing related to 97 . (Media on file in Clerk's Office). (srs) (Entered: 07/27/2022)
7/27/2022NOTICE of filing the following Non-Paper material(s) in multi media format: Guardant's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Jeff Castellano on behalf of Guardant Health, Inc. (Castellano, Jeff) (Entered: 07/27/2022)
7/27/202296MULTI MEDIA DOCUMENT filed by TwinStrand Biosciences, Inc., University of Washington in the form of a DVD - Technology Tutorial. Filing related to 95 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (smg) (Entered: 07/27/2022)
7/27/2022NOTICE of filing the following Non-Paper material(s) in multi media format: Plaintiffs' Claim Construction Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Samantha G. Wilson on behalf of TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 07/27/2022)
7/26/2022 NOTICE of Subpoena to Takara Bio USA Holdings Inc. by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 07/26/2022)
7/26/2022 NOTICE of Subpoena to Kapa Biosystems, Inc. by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 07/26/2022)
7/26/2022 NOTICE of Subpoena to Duke University Health System, Inc. by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 07/26/2022)
7/19/2022NOTICE OF SERVICE of Plaintiffs' Fourth Set of Requests for the Production of Documents and Things to Guardant (Nos. 175-190) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 07/19/2022)
7/15/2022REQUEST for Oral Argument by TwinStrand Biosciences, Inc., University of Washington re 75 MOTION to Sever and Stay Guardant Health's Counterclaims (I-IV). (Wilson, Samantha) (Entered: 07/15/2022)
7/15/2022REDACTED VERSION of 87 Declaration by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/15/2022)
7/15/2022REDACTED VERSION of 86 Reply Brief by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/15/2022)
7/8/2022[SEALED] DECLARATION of Anna Phillips re 86 Reply Brief by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Wilson, Samantha) Modified on 7/11/2022 (lih). (Entered: 07/08/2022)
7/8/2022
  • Motion to Severby Π
[SEALED] REPLY BRIEF re 75 MOTION to Sever and Stay Guardant Health's Counterclaims (I-IV) filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 07/08/2022)
7/8/2022
  • Order
ORAL ORDER- 85 STIPULATION to Modify Scheduling Order. IT IS HEREBY ORDERED that the request for a stipulated extension is DENIED on the basis that the need for an additional fifty pages of claim construction briefing is an unreasonable request and suggests to the court that the parties have too many terms for which they are seeking constructions. Moreover, the stipulation requests leave for the Plaintiff to file a further sur-reply brief, after the Defendant's sur-reply, solely on the issue of indefiniteness but the stipulation contains no detail on why it is an efficient use of court resources to expand the briefing on the issue at the claim construction stage of the case. Ordered by Judge Sherry R. Fallon on 7/8/2022. (lih) (Entered: 07/08/2022)
7/8/2022
  • Motion
STIPULATION to Modify Scheduling Order by Guardant Health, Inc.. (Castellano, Jeff) Modified on 7/8/2022 (lih). (Entered: 07/08/2022)
7/1/2022
  • Motion for Claim Constructionby Π
CLAIM Construction Chart by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Exhibit A through G, # 2 Exhibit H through U)(Wilson, Samantha) (Entered: 07/01/2022)
7/1/2022 DECLARATION of Jeff Castellano re 82 Answering Brief in Opposition by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Castellano, Jeff) Modified on 7/5/2022 (lih). (Entered: 07/01/2022)
7/1/2022
  • Motion to Sever
ANSWERING BRIEF in Opposition re 75 MOTION to Sever and Stay Guardant Health's Counterclaims (I-IV) filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 7/8/2022. (Castellano, Jeff) Modified on 7/5/2022 (lih). (Entered: 07/01/2022)
6/27/2022Pro Hac Vice Attorney Jesse Hindman for Guardant Health, 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. (apk) (Entered: 06/27/2022)
6/27/2022NOTICE OF SERVICE of Subpoenas to produce documents to Foundation Medicine, Inc. and Illumina, Inc. filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Castellano, Jeff) (Entered: 06/27/2022)
6/23/2022
  • OrderGranted
ORAL ORDER- GRANTING 80 Letter Request. IT IS HEREBY ORDERED that the discovery dispute teleconference set in this matter for June 29, 2022 at 11:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 6/23/2022. (lih) (Entered: 06/23/2022)
6/23/2022 Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Request to Cancel the June 29 Discovery Dispute Conference - re 69 MOTION for a Teleconference to Resolve Discovery Disputes. (Poff, Adam) (Entered: 06/23/2022)
6/23/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED- re 79 MOTION for Pro Hac Vice Appearance of Attorney Jesse Hindman. Signed by Judge Sherry R. Fallon on 6/23/2022. (lih) (Entered: 06/23/2022)
6/22/2022
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Jesse Hindman - filed by Guardant Health, Inc.. (Biggs, Brian) (Entered: 06/22/2022)
6/22/2022NOTICE OF SERVICE of Plaintiffs' Preliminary Proposed Claim Constructions filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 06/22/2022)
6/21/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiffs' Third Set of Interrogatories to Guardant (Nos. 18-21) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 06/21/2022)
6/17/2022 OPENING BRIEF in Support re 75 MOTION to Sever and Stay Guardant Health's Counterclaims (I-IV) filed by TwinStrand Biosciences, Inc., University of Washington.Answering Brief/Response due date per Local Rules is 7/1/2022. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Poff, Adam) Modified on 6/21/2022 (lih). (Entered: 06/17/2022)
6/17/2022
  • Motion to Sever
MOTION to Sever and Stay Guardant Health's Counterclaims (I-IV) - filed by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 7.1.1 Certification, # 2 Text of Proposed Order)(Poff, Adam) Modified on 6/21/2022 (lih). (Entered: 06/17/2022)
6/17/2022NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Guardant Health Inc.'s Fourth Set of Requests for Production (Nos. 128-145) and 2) Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Fourth Set of Interrogatories (Nos. 17-21) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 06/17/2022)
6/16/2022
  • Motion to Extend Time
SO ORDERED- re 73 STIPULATION TO EXTEND TIME for the parties to serve their Proposed Claim Constructions to June 21, 2022. Signed by Judge Sherry R. Fallon on 6/16/2022. (lih) (Entered: 06/16/2022)
6/16/2022
  • Motion to Extend Timeby Π
STIPULATION TO EXTEND TIME for the parties to serve their Proposed Claim Constructions to June 21, 2022 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 06/16/2022)
6/15/2022NOTICE OF SERVICE of Subpoenas to (1) Pacific Biosciences of California, Inc. (2) Personal Genome Diagnostics Inc. and (3) Exact Sciences Corporation filed by Guardant Health, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Castellano, Jeff) (Entered: 06/15/2022)
6/10/2022NOTICE OF SERVICE of Plaintiffs' Preliminary List of Claim Terms Requiring Construction filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 06/10/2022)
6/2/2022NOTICE OF SERVICE of Plaintiffs' Third Set of Requests for the Production of Documents and Things to Guardant (Nos. 86-174) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 06/02/2022)
6/1/2022
  • Order
SO ORDERED- re 69 MOTION for a Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 6/29/2022 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiffs should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 6/28/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 6/23/2022, Responsive submission due by no later than 11:00 AM on 6/24/2022). Signed by Judge Sherry R. Fallon on 6/1/2022. (lih) (Entered: 06/01/2022)
5/31/2022
  • Motion
MOTION for a Teleconference to Resolve Discovery Disputes - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) Modified on 6/1/2022 (lih). (Entered: 05/31/2022)
5/20/2022NOTICE OF SERVICE of Plaintiffs' First Supplemental Objections and Responses to Defendant Guardant Health, Inc.s Interrogatories (Nos. 5, 7, 9, 12 & 15) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 05/20/2022)
5/20/2022NOTICE OF SERVICE of Plaintiffs' Third Set of Interrogatories to Guardant (Nos. 18-21) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 05/20/2022)
5/18/2022NOTICE OF SERVICE of (1) Defendant Guardant Health, Inc.s Fourth Set of Requests for Production to Plaintiffs Twinstrand Biosciences, Inc. and University of Washington (Nos. 128-145); and (2) Defendant Guardant Health, Inc.s Fourth Set of Interrogatories to Plaintiffs Twinstrand Biosciences, Inc. and University of Washington (Nos. 17-21) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 05/18/2022)
5/18/2022NOTICE OF SERVICE of Plaintiffs' Initial Invalidity Contentions filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/18/2022)
5/17/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Initial Invalidity Contentions filed by Guardant Health, Inc..(Castellano, Jeff) (Entered: 05/17/2022)
5/5/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiff's Second Set of Interrogatories (No. 17) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 05/05/2022)
5/4/2022
  • OrderGranted
ORAL ORDER- GRANTING 62 Letter Request. IT IS HEREBY ORDERED that the discovery dispute teleconference scheduled for May 9, 2022 at 3:00 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 5/4/2022. (lih) (Entered: 05/04/2022)
5/4/2022 Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Request to Cancel the May 9, 2022 Discovery Dispute Conference. (Poff, Adam) Modified on 5/4/2022 (lih). (Entered: 05/04/2022)
5/2/2022NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Third Set of Requests for Production (Nos. 116-127) and 2) Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Third Set of Interrogatories (No. 16) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 05/02/2022)
4/27/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s First Supplemental Responses and Objections to Plaintiff's Second Set of Requests for Production (Nos. 81-85) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 04/27/2022)
4/26/2022NOTICE OF SERVICE of Plaintiffs' Supplement to the Initial Claim Charts on Infringement filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 04/26/2022)
4/21/2022
  • Motion to Extend Time
SO ORDERED- re 58 STIPULATION TO EXTEND TIME to serve Initial Invalidity Contentions to May 17, 2022. Signed by Judge Sherry R. Fallon on 4/21/2022. (lih) (Entered: 04/21/2022)
4/20/2022
  • Motion to Extend Timeby Δ
STIPULATION TO EXTEND TIME to serve Initial Invalidity Contentions to May 17, 2022 - filed by Guardant Health, Inc.. (Castellano, Jeff) (Entered: 04/20/2022)
4/18/2022NOTICE of Appearance by Jeff Castellano on behalf of Guardant Health, Inc. (Castellano, Jeff) (Entered: 04/18/2022)
4/14/2022
  • Order
SO ORDERED- re 56 MOTION for Teleconference to Resolve Discovery Disputes. A Telephone Conference is set for 5/9/2022 at 03:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiffs should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 5/6/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM 5/4/2022, Responsive submission due by no later than 11:00 AM on 5/5/2022). Signed by Judge Sherry R. Fallon on 4/14/2022. (lih) (Entered: 04/14/2022)
4/13/2022
  • Motion
MOTION for Teleconference to Resolve Discovery Disputes - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) Modified on 4/14/2022 (lih). (Entered: 04/13/2022)
4/12/2022
  • Order
ORAL ORDER re D.I. 38 Motion: In accordance with the Court's April 8, 2022 Oral Order and paragraph 3(d) of Standing Order No. 2022-3, the pending motion to dismiss (D.I. 38) does not fall within the scope of the referral to the undersigned judicial officer. Therefore, the motion will be addressed following the assignment of an Article III Judge. Pursuant to paragraph 3(g) of Standing Order 2022-3, the pending motion shall not be grounds to prevent the case from progressing. Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih) (Entered: 04/12/2022)
4/12/2022
  • Order
ORAL ORDER- IT IS HEREBY ORDERED that, in accordance with the oral order issued on April 8, 2022 (D.I. 55) and paragraph 3(d) of Standing Order No. 2022-3, all dates in the scheduling order issued on December 10, 2021 (D.I. 20) shall remain in effect except for the following hearings; the Markman Hearing set for November 28, 2022 (D.I. 20 at paragraph 14) and Oral Argument on case dispositive and Daubert motions set for July 25, 2023 (D.I. 20 at paragraph 17 (c) ). IT IS FURTHER ORDERED that, in accordance with the Oral Order issued on April 8, 2022, and paragraph 3(a) of Standing Order No. 2022-3, the referral to the undersigned judicial officer is limited to: (1) adjudicating discovery and protective order disputes; (2) modifying a scheduling order; (3) reviewing stipulated orders and pro hac vice motions; and (4) reviewing requests for mediation by a Magistrate Judge in cases other than patent and securities cases. With respect to discovery disputes arising in this matter, the parties shall follow the Discovery Matters and Disputes procedure set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih) (Entered: 04/12/2022)
4/8/202255
  • Order
ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 4/8/22. (ntl) (Entered: 04/08/2022)
4/7/2022VAC Magistrate Non-Consent completed by the parties filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 04/07/2022)
4/6/2022NOTICE OF SERVICE of Plaintiffs' Second Set of Interrogatories to Guardant (No. 17) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 04/06/2022)
4/4/2022NOTICE OF SERVICE of Plaintiffs' Initial Claim Charts on Infringement filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 04/04/2022)
3/25/2022REQUEST for Oral Argument by TwinStrand Biosciences, Inc., University of Washington re 38 MOTION to Dismiss for Failure to State a Claim [PLAINTIFFS' PARTIAL MOTION TO DISMISS GUARDANT HEALTH'S COUNTERCLAIMS (COUNTS VVIII) AND RELATED AFFIRMATIVE DEFENSES]. (Wilson, Samantha) (Entered: 03/25/2022)
3/23/2022VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) (Entered: 03/23/2022)
3/23/202249
  • Order
ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/23/2022. (etg) (Entered: 03/23/2022)
3/23/2022Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (etg) (Entered: 03/23/2022)
3/18/2022
  • Motion to Dismiss for Failure to State a Claimby Π
REPLY BRIEF re 38 MOTION to Dismiss for Failure to State a Claim [PLAINTIFFS' PARTIAL MOTION TO DISMISS GUARDANT HEALTH'S COUNTERCLAIMS (COUNTS VVIII) AND RELATED AFFIRMATIVE DEFENSES] filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/18/2022)
3/17/2022NOTICE OF SERVICE of Dr. Lawrence Loeb's Objections and Responses to Subpoena to Produce Documents, Information, or Objects filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 03/17/2022)
3/15/2022NOTICE OF SERVICE of Dr. Jesse Salk's Objections and Responses to Subpoena to Produce Documents, Information, or Objects filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 03/15/2022)
3/11/2022
  • Motion to Extend Time
SO ORDERED, re 45 STIPULATION TO EXTEND TIME to Serve Initial Claim Charts and Initial Invalidity Contentions to April 1, 2022 and May 3, 2022 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Leonard P. Stark on 3/11/22. (ntl) (Entered: 03/11/2022)
3/10/2022
  • Motion to Extend Timeby Π
STIPULATION TO EXTEND TIME to Serve Initial Claim Charts and Initial Invalidity Contentions to April 1, 2022 and May 3, 2022 - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 03/10/2022)
3/4/2022NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Defendant Guardant Health, Inc.'s Second Set Interrogatories (Nos. 10-15) and 2) Plaintiffs' Objections and Responses to Guardant Health, Inc.'s Second Set of Requests for Production (Nos. 93-115) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 03/04/2022)
3/4/2022
  • Motion to Dismiss for Failure to State a Claimby Δ
ANSWERING BRIEF in Opposition re 38 MOTION to Dismiss for Failure to State a Claim [PLAINTIFFS' PARTIAL MOTION TO DISMISS GUARDANT HEALTH'S COUNTERCLAIMS (COUNTS VVIII) AND RELATED AFFIRMATIVE DEFENSES] Defendant Guardant Health, Inc.'s Opposition to Plaintiffs' Opening Brief in Support of Their Partial Motion to Dismiss Guardant Health's Counterclaims (Counts V-VIII) and Related Affirmative Defenses filed by Guardant Health, Inc..Reply Brief due date per Local Rules is 3/11/2022. (Biggs, Brian) (Entered: 03/04/2022)
3/2/2022NOTICE OF SERVICE of 1) Plaintiffs' Objections and Responses to Guardant Health Inc.'s First Set of Requests for Production (Nos. 1-92) and 2) Plaintiffs' Objections and Responses to Defendant Guardant Health, Inc.'s First Set of Interrogatories (Nos. 1-9) filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 03/02/2022)
2/18/2022NOTICE OF SERVICE of Plaintiffs' Core Technical Documents and Sales Information filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 02/18/2022)
2/17/2022
  • Motion to Extend Time to File Reply
SO ORDERED, re 40 STIPULATION TO EXTEND TIME to file answering and reply brief regarding motion to dismiss to March 4, 2022 and March 18, 2022 filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 2/17/22. (ntl) (Entered: 02/17/2022)
2/16/2022CORRECTING ENTRY: Document at DI# 40 has been replaced with the corrected version per counsel's request. (cna, ) (Entered: 02/16/2022)
2/16/2022
  • Motion to Extend Time to File Reply
STIPULATION TO EXTEND TIME to file answering and reply brief regarding motion to dismiss to March 4, 2022 and March 18, 2022 - filed by Guardant Health, Inc.. (Biggs, Brian) (Main Document 40 replaced on 2/16/2022) (cna, ). (Entered: 02/16/2022)
2/11/2022 OPENING BRIEF in Support re 38 MOTION to Dismiss for Failure to State a Claim [PLAINTIFFS' PARTIAL MOTION TO DISMISS GUARDANT HEALTH'S COUNTERCLAIMS (COUNTS VVIII) AND RELATED AFFIRMATIVE DEFENSES] filed by TwinStrand Biosciences, Inc., University of Washington.Answering Brief/Response due date per Local Rules is 2/25/2022. (Attachments: # 1 Exhibit AA, # 2 Exhibit BB, # 3 Exhibit CC)(Wilson, Samantha) (Entered: 02/11/2022)
2/11/2022
  • Motion to Dismiss for Failure to State a Claimby Π
MOTION to Dismiss for Failure to State a Claim [PLAINTIFFS' PARTIAL MOTION TO DISMISS GUARDANT HEALTH'S COUNTERCLAIMS (COUNTS VVIII) AND RELATED AFFIRMATIVE DEFENSES] - filed by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Text of Proposed Order)(Wilson, Samantha) (Entered: 02/11/2022)
2/3/2022 NOTICE of Subpoena Duces Tecum to Illumina, Inc. by TwinStrand Biosciences, Inc., University of Washington (Wilson, Samantha) (Entered: 02/03/2022)
2/2/2022NOTICE OF SERVICE of (1) Defendant Guardant Health, Inc.'s Second Set of Interrogatories to Plaintiffs TwinStrand Biosciences, Inc. and University of Washington (Nos. 10-15) and (2) Defendant Guardant Health Inc.'s Second Set of Requests for Production to Plaintiffs TwinStrand Biosciences, Inc. and University of Washington (Nos. 93-115) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 02/02/2022)
1/31/2022
  • Order
SO ORDERED, re 33 Stipulated Protective Order. Signed by Judge Leonard P. Stark on 1/31/22. (ntl) (Entered: 01/31/2022)
1/24/2022NOTICE OF SERVICE of Plaintiffs' Supplemental Rule 26(a)(1) Disclosures filed by TwinStrand Biosciences, Inc., University of Washington.(Poff, Adam) (Entered: 01/24/2022)
1/20/2022NOTICE OF SERVICE of (1) Defendant Guardant Health, Inc.s First Set of Interrogatories to Plaintiffs Twinstrand Biosciences, In. and University of Washington (NOS. 1-9); (2) Defendant Guardant Health, Inc.s First Set of Requests for Production to Plaintiffs Twinstrand Biosciences, Inc. and University of Washington (Nos. 1-92); and (3) Defendant Guardant Health, Inc.s Responses and Objections to Plaintiffs First Set of Interrogatories (Nos. 1-16) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 01/20/2022)
1/18/2022
  • Motionby Π
PROPOSED ORDER Stipulated Protective Order by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 01/18/2022)
1/13/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Initial Disclosures of Accused Products, Asserted Patents and Damages Model filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 01/13/2022)
1/12/2022NOTICE OF SERVICE of Plaintiffs' Identification of Accused Products and Asserted Patents filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/12/2022)
1/12/2022
  • Answer
AMENDED ANSWER to 1 Complaint, Affirmative Defenses, and COUNTERCLAIMS against TwinStrand Biosciences, Inc., University of Washington by Guardant Health, Inc. (ntl) (Entered: 01/12/2022)
1/12/2022Pro Hac Vice Attorney Anna G. Phillips for TwinStrand Biosciences, Inc., and University of Washington 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: 01/12/2022)
1/12/2022
  • Motion to Amend Answer
SO ORDERED, re 28 Stipulation and Order for Leave to Amend Guardant's Answer and add counterclaims filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 1/12/22. (ntl) (Entered: 01/12/2022)
1/12/2022SO ORDERED, re 26 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to January 18, 2022 filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Leonard P. Stark on 1/12/22. (ntl) (Entered: 01/12/2022)
1/12/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 29 MOTION for Pro Hac Vice Appearance of Attorney Anna G. Phillips filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Leonard P. Stark on 1/12/22. (ntl) (Entered: 01/12/2022)
1/11/2022
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Anna G. Phillips - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 01/11/2022)
1/11/2022
  • Motion to Amend Answerby Δ
STIPULATION for Leave to Amend Defendant Guardant Health, Inc.'s Answer and Add Counterclaims Stipulation and [Proposed] Order for Leave to Amend Defendant Guardant Health, Inc.'s Answer and Add Counterclaims by Guardant Health, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Biggs, Brian) (Entered: 01/11/2022)
1/10/2022NOTICE OF SERVICE of Plaintiffs' Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/10/2022)
1/10/2022 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to January 18, 2022 - filed by TwinStrand Biosciences, Inc., University of Washington. (Poff, Adam) (Entered: 01/10/2022)
1/6/2022NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for the Production of Documents and Things to Guardant (Nos. 81-85) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/06/2022)
1/4/2022NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s 26(a) Initial Disclosures filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 01/04/2022)
1/3/2022NOTICE OF SERVICE of Plaintiffs' Rule 26(A)(1) Initial Disclosures filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 01/03/2022)
12/30/2021NOTICE OF SERVICE of Defendant Guardant Health, Inc.'s Responses and Objections to Plaintiff's First Set of Requests for Production (Nos. 1-80) filed by Guardant Health, Inc..(Biggs, Brian) (Entered: 12/30/2021)
12/14/202121
  • Order
ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 12/14/2021. (dlb) (Entered: 12/14/2021)
12/13/2021CASE REFERRED to Magistrate Judge Christopher J. Burke 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: 12/13/2021)
12/10/2021
  • Scheduling Order
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 2/3/2023. Status Report due by 2/10/2023. Dispositive Motions due by 6/23/2023. AN Oral Argument is set for 7/25/2023 at 09:00 AM before Judge Leonard P. Stark. Joint Claim Construction Brief due by 10/12/2022. A Markman Hearing is set for 11/28/2022 at 09:00 AM before Judge Leonard P. Stark. Proposed Pretrial Order due by 10/20/2023. A Final Pretrial Conference is set for 10/27/2023 at 09:00 AM before Judge Leonard P. Stark. A 5-day Jury Trial is set for 11/6/2023 at 09:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 12/9/21. (ntl) (Entered: 12/10/2021)
12/2/2021Pro Hac Vice Attorney Matthew M. Zuziak for TwinStrand Biosciences, Inc. and University of Washington 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: 12/02/2021)
12/1/2021
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 18 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Zuziak filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Leonard P. Stark on 12/1/21. (ntl) (Entered: 12/01/2021)
12/1/2021NOTICE OF SERVICE of 1) Plaintiffs' First Set of Requests for the Production of Documents and Things to Guardant (Nos. 1-80) and 2) Plaintiffs' First Set of Interrogatories to Guardant (Nos. 1-16) filed by TwinStrand Biosciences, Inc., University of Washington.(Wilson, Samantha) (Entered: 12/01/2021)
12/1/2021
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Zuziak - filed by TwinStrand Biosciences, Inc., University of Washington. (Wilson, Samantha) (Entered: 12/01/2021)
11/29/2021SO ORDERED, re 16 STIPULATION TO EXTEND TIME to submit a proposed scheduling order to November 24, 2021 filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 11/29/21. (ntl) (Entered: 11/29/2021)
11/24/2021
  • Motionby Π
PROPOSED ORDER Scheduling Order by TwinStrand Biosciences, Inc., University of Washington. (Attachments: # 1 Transmittal Letter to Judge Stark of Proposed Order)(Poff, Adam) (Entered: 11/24/2021)
11/22/2021 STIPULATION TO EXTEND TIME to submit a proposed scheduling order to November 24, 2021 - filed by Guardant Health, Inc.. (Biggs, Brian) (Entered: 11/22/2021)
11/8/202115
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal, including a proposal for the length and timing of trial, to the Court no later than November 22, 2021. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, New Patent Procedures). ORDERED by Judge Leonard P. Stark on 11/8/21. (ntl) (Entered: 11/08/2021)
11/8/2021 Letter to The Honorable Leonard P. Stark from Adam W. Poff regarding Request for a Rule 16 Conference. (Poff, Adam) (Entered: 11/08/2021)
11/8/2021 NOTICE of Withdrawal of Beth A. Swadley by TwinStrand Biosciences, Inc., University of Washington (Poff, Adam) (Entered: 11/08/2021)
10/19/2021Pro Hac Vice Attorney Susan Krumplitsch for Guardant Health, 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. (apk) (Entered: 10/19/2021)
10/19/2021Pro Hac Vice Attorney Kristin Beale for Guardant Health, 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. (apk) (Entered: 10/19/2021)
10/18/2021Pro Hac Vice Attorneys Monica De Lazzari, Michael A. Sitzman, and Mark Fowler for Guardant Health, 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. (srs) (Entered: 10/18/2021)
10/4/2021
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Susan Krumplitsch, Monica De Lazzari, Michael Sitzman, Ellen Scordino, Kristin Beale filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 10/4/21. (ntl) (Entered: 10/04/2021)
10/1/2021
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Mark Fowler, Susan Krumplitsch, Monica De Lazzari, Michael Sitzman, Ellen Scordino, Kristin Beale - filed by Guardant Health, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Ellen Scordino, # 3 Certification of Mark Fowler, # 4 Certification of Michael Sitzman, # 5 Certification of Susan Krumplitsch, # 6 Certification of Kristin Beale, # 7 Certification of Monica De Lazzari)(Biggs, Brian) (Entered: 10/01/2021)
10/1/2021 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Guardant Health, Inc.. (Biggs, Brian) (Entered: 10/01/2021)
10/1/2021
  • Answerby Δ
ANSWER to 1 Complaint, with Jury Demand Defendant Guardant Health, Inc.'s Answer and Affirmative Defenses to Plaintiffs' Complaint by Guardant Health, Inc..(Biggs, Brian) (Entered: 10/01/2021)
8/31/2021SO ORDERED, re 9 Stipulation and Order for Extension filed by Guardant Health, Inc. Signed by Judge Leonard P. Stark on 8/31/21. (ntl) (Entered: 08/31/2021)
8/30/2021
  • Motion to Extend Timeby Δ
STIPULATION and [Proposed] Order for Extension of Time by Guardant Health, Inc.. (Biggs, Brian) (Entered: 08/30/2021)
8/11/2021 SUMMONS Returned Executed by University of Washington, TwinStrand Biosciences, Inc.. Guardant Health, Inc. served on 8/11/2021, answer due 9/1/2021. (Swadley, Beth) (Entered: 08/11/2021)
8/10/2021Pro Hac Vice Attorney Ralph W. Powers, III,Chandrika Vira,Byron L. Pickard for TwinStrand Biosciences, Inc., for University of Washington 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. (myr) (Entered: 08/10/2021)
8/10/2021
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney Byron Pickard, Esquire, R. Wilson Powers III, Ph.D., Esquire and Chandrika Vira, Esquire filed by University of Washington, TwinStrand Biosciences, Inc. Signed by Judge Leonard P. Stark on 8/10/21. (ntl) (Entered: 08/10/2021)
8/9/2021
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Byron Pickard, Esquire, R. Wilson Powers III, Ph.D., Esquire and Chandrika Vira, Esquire - filed by TwinStrand Biosciences, Inc., University of Washington. (Swadley, Beth) (Entered: 08/09/2021)
8/4/2021Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 08/04/2021)
8/3/2021Summons Issued with Magistrate Consent Notice attached to Guardant Health, Inc. on 8/3/2021. (srs) (Entered: 08/03/2021)
8/3/2021 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by University of Washington (srs). (Entered: 08/03/2021)
8/3/2021 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by TwinStrand Biosciences, Inc. (srs). (Entered: 08/03/2021)
8/3/2021Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,287,631 B2 ;US 10,689,699 B2 ;US 10,752,951 B2 ;US 10,760,127 B2. (srs) (Entered: 08/03/2021)
8/3/2021Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) (Entered: 08/03/2021)
8/3/2021
  • Complaint
COMPLAINT filed with Jury Demand against Guardant Health, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3670992.) - filed by University of Washington and TwinStrand Biosciences, Inc. (Attachments: # 1 Exhibit A-L Part 1 of 5, # 2 Exhibit A-L Part 2 of 5, # 3 Exhibit A-L Part 3 of 5, # 4 Exhibit A-L Part 4 of 5, # 5 Exhibit A-L Part 5 of 5, # 6 Civil Cover Sheet)(srs). (Entered: 08/03/2021)