`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`NATERA, INC.,
`
`
`
`Plaintiff,
`
`v.
`
`ARCHERDX, INC., ARCHERDX, LLC,
`AND INVITAE CORPORATION
`
`
`
`
`Defendants.
`
`
` C.A. No. 20-cv-125-LPS
` (Consolidated)
`
`
`
`
`
`
`
`
`
`
`
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`DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DAUBERT MOTION
`TO EXCLUDE EXPERT TESTIMONY
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`
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`Defendants ArcherDX, Inc., ArcherDX, LLC, and Invitae Corp. hereby move for
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`summary judgment that:
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`1.
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`Defendants do not infringe the ’482, ’172, and ’814 patents because they use
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`different universal primers in successive PCRs;
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`2.
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`Defendants’ PCM, Stratafide, and LiquidPlex products do not infringe the
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`asserted patents because they do not satisfy the Court’s construction of “target loci;”
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`3.
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`Defendants do not infringe the ’708 patent because the Accused Products do not
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`satisfy the Court’s construction of “a melting temperature of the at least 2 primers;”
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`4.
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`5.
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`6.
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`7.
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`The asserted claims of the ’708 patent are invalid in view of Blomquist;
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`The claims of the ’708 patent are invalid as indefinite;
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`The asserted patents are not enabled for their full scope; AND
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`The ’482, ’172, ’814, and ’220 patents are not entitled to claim the benefit of the
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`’508 and/or ’235 applications and are invalid for lack of written description.
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`Case 1:20-cv-00125-GBW Document 428 Filed 01/21/22 Page 2 of 2 PageID #: 42249
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`Defendants also move under Daubert to exclude from trial certain testimony of Plaintiff’s
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`witnesses Dr. Spellman, Mr. Wojcik, Dr. Quackenbush, Dr. Sullivan, and Mr. Stoll.
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`
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`The basis for these Motions is set forth in the memorandum of law filed
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`contemporaneously herewith.
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`
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`Pursuant to D. Del. LR 7.1.1, Plaintiff opposes the relief related to the Daubert motions.
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`Dated: January 21, 2022
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`2
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`Respectfully submitted,
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`FARNAN LLP
`
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`(302) 777-0301 (Fax)
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`Edward R. Reines (admitted pro hac vice)
`Derek C. Walter (admitted pro hac vice)
`Kaitlin Paulson (Aadmitted pro hac vice)
`Concord Cheung (admitted pro hac vice)
`WEIL, GOTSHAL & MANGES LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`Fax: (650) 802-3100
`edward.reines@weil.com
`derek.walter@weil.com
`kaitlin.paulson@weil.com
`concord.cheung@weil.com
`
`Justin L. Constant (admitted pro hac vice)
`WEIL, GOTSHAL & MANGES LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Tel: (713) 546-5011
`Fax: (713) 224-9511
`Attorneys for Defendants
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`
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