`
`DLA Piper LLP (US)
`1201 North Market Street
`Suite 2100
`Wilmington, Delaware 19801-1147
`www.dlapiper.com
`
`Jeff Castellano
`Jeff.Castellano@us.dlapiper.com
`T 302.468.5671
`F 302.691.4771
`
`
`
`
`
`October 17, 2023
`
`BY CM/ECF
`The Honorable Gregory B. Williams
`U.S. District Court for the District of Delaware
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`TwinStrand Biosciences, Inc. v. Guardant Health, Inc., C.A. No. 21-1126-GBW-SRF
`
`Dear Judge Williams:
`
`I write on behalf of Defendant Guardant Health, Inc. (“Guardant”) to inform the Court of
`
`the impact of Plaintiffs’ dismissal of U.S. Patent Nos. 10,689,699 and 10,742,951 (D.I. 450) on
`Guardant’s pending motions for summary judgment, Daubert motions, and motions to strike.
`
`
`The dismissal moots Guardant’s pending summary judgment motions regarding the
`priority date of the ’951 patent, invalidity of the ’699 patent for lack of written description, and
`invalidity of the ’951 patent for lack of patentable subject matter. (D.I. 338, SJ Motions 1-3).
`
`Guardant’s first-ranked motion for summary judgment of non-infringement of U.S. Patent
`No. 10,287,631 is still live, as Plaintiffs continue to assert the ’631 patent. (D.I. 338, SJ Motion
`4; D.I. 449).
`
`The dismissal also moots Guardant’s motion to exclude the opinion of Plaintiffs’ expert
`Dr. Pachter regarding infringement of the ’699 patent. (D.I. 338, Daubert Motion 2(b); D.I. 341
`at 40-41).
`
`Guardant’s other Daubert motions seeking to exclude opinions of Dr. Pachter and
`Plaintiffs’ damages expert Dr. McDuff remain live.
`
`In addition, the dismissal partially moots Guardant’s motion to strike the opinions of Dr.
`
`Pachter related to infringement under the doctrine of equivalents (D.I. 330), insofar as it relates to
`Dr. Pachter’s DoE opinions for the ’699 and ’951 patents. However, the portions of Guardant’s
`motion related to Dr. Pachter’s DoE opinions for the ’631 and ’127 patents are still live and
`pending.
`
`
`ACTIVE\1604767492.1
`
`
`
`Case 1:21-cv-01126-GBW-SRF Document 453 Filed 10/17/23 Page 2 of 2 PageID #: 30978
`
`
`
`The Honorable Gregory B. Williams
`October 17, 2023
`Page Two
`
`Counsel remains available should the Court have any questions.
`
`
`Respectfully,
`
`DLA Piper LLP (US)
`
`
`
`/s/ Jeff Castellano
`Jeff Castellano (DE Bar No. 4837)
`
`
`
`cc: All counsel of record (via CM/ECF)
`
`
`
`ACTIVE\1604767492.1
`
`
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
