`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Case 3:16-cv-00661-JLS-BGS Document 81 Filed 05/18/18 PageID.1305 Page 1 of 2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`THE SCRIPPS RESEARCH
`INSTITUTE,
`
`v.
`
`ILLUMINA, INC.,
`
`Plaintiff,
`
`Defendant.
`
`
`
` Case No.: 16-CV-661 JLS (BGS)
`
`ORDER GRANTING JOINT
`MOTION; ENTERING FINAL
`JUDGMENT
`
`(ECF No. 80)
`
`
`
`
`Presently before the Court is the Plaintiff The Scripps Research Institute and
`
`Defendant Illumina, Inc.’s Joint Motion and Stipulation Re Final Judgment, (“MTN,” ECF
`
`No. 80).
`
`Based upon this Court’s Order on Claim Construction dated April 10, 2018, the
`
`Parties have stipulated that none of the bead array products accused of infringement in The
`
`Scripps Research Institute’s First Amended Complaint (the “Accused Products”) satisfy
`
`the “a”, “(Zn)a”, “(Xn)a”, and “B is a linker molecule operatively linked to A and C”
`
`limitations of Claims 1, 3, 10, and 16 (collectively, “the Asserted Claims”) of U.S. Patent
`
`No. 6,060,596 (“the ’596 Patent”). (See MTN ¶¶ 10–11.) Moreover, the Parties have
`
`stipulated that none of the Accused Products meet the requirement that “a” have the same
`
`value in (Xn)a and (Zn)a for a given bifunctional molecule. The Parties have therefore
`
`stipulated that Defendant is entitled to a judgment of non-infringement as a matter of law
`
`1
`
`16-CV-661 JLS (BGS)
`
`
`
`Case 3:16-cv-00661-JLS-BGS Document 81 Filed 05/18/18 PageID.1306 Page 2 of 2
`
`
`as to all of Plaintiff’s Asserted Claims as set forth in the Joint Motion. The Court GRANTS
`
`the Joint Motion. Accordingly, it is HEREBY ORDERED, ADJUDICATED, and
`
`DECREED:
`
`Judgment is entered against Plaintiff and for Defendant as to Plaintiff’s claims for
`
`patent infringement based on the parties’ Joint Motion of Non-Infringement;
`
`The Court further enters judgment for Defendant and against Plaintiff and declares
`
`claims 1, 3, 10, and 16 of the ’596 Patent not infringed by Defendant. Plaintiff shall take
`
`nothing from Defendants with respect to the Asserted Claims of the ’596 Patent;
`
`Defendant is the prevailing party for purposes of recovering costs.
`
`The Clerk SHALL close the file.
`
`IT IS SO ORDERED.
`
`Dated: May 18, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`2
`
`16-CV-661 JLS (BGS)
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
