`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
`Case No 1:12-CV-1173
`
`)))))))))))))
`
`Esoterix Genetic Laboratories, LLC
`and The Johns Hopkins University,
`
` Plaintiffs,
`
` v.
`
`Life Technologies Corporation,
`Applied Biosystems, LLC, and
`Ion Torrent Systems, Inc.,
`
` Defendants.
`
`DEFENDANTS LIFE TECHNOLOGIES CORPORATION, APPLIED
`BIOSYSTEMS, LLC, AND ION TORRENT SYSTEMS, INC.'S
`RENEWED MOTION TO STAY PENDING REEXAMINATION
`
`Defendants Life Technologies Corporation, Applied Biosystems, LLC, and Ion
`
`Torrent Systems, Inc. (collectively, "Life") renew their motion to stay pending the United
`
`States Patent and Trademark Office's completion of the ex parte reexaminations of the
`
`validity of the patent claims Plaintiffs Esoterix Genetic Laboratories, LLC and The Johns
`
`Hopkins University contend, based on the allegations in their preliminary infringement
`
`contentions, are infringed by Life in this litigation. As set forth in the Brief in Support
`
`filed concurrently herewith, all of the patents asserted in Case No. 1:12-CV-411 (three
`
`patents) and Case No. 1:12-CV-1173 (three patents) are now the subject of reexamination
`
`proceedings before the United States Patent and Trademark Office ("PTO"). The final
`
`reexamination was declared by the PTO on August 27, 2013, and the PTO is now
`
`Case 1:12-cv-01173-CCE-JEP Document 53 Filed 08/30/13 Page 1 of 4
`
`
`
`reexamining the validity of each of the six asserted patents in the two cases in light of a
`
`library of prior art that it had not previously considered.
`
`Life respectfully submits that the PTO's grant of reexamination requests for all six
`
`patents-in-suit in both actions satisfies the Court's requirement that there be "significant
`
`developments before the PTO or other significant changes in the circumstances" for the
`
`motions to be renewed. As set forth in the Brief in Support, all three factors courts
`
`consider when evaluating a motion to stay strongly support staying these cases pending
`
`the outcome of the reexaminations. The reexamination results could obviate the need for
`
`any further litigation concerning the subject patent claims and would, at a minimum,
`
`narrow and clarify the issues before the Court and avoid unnecessary waste and
`
`duplication of effort by the Court and the parties. A stay would achieve all of these
`
`benefits without imposing undue prejudice on Plaintiffs. Moreover, a stay pending
`
`reexamination is particularly appropriate here, as both cases are still in their early days.
`
`For these reasons and those set forth in detail in its Brief in Support, Life respectfully
`
`requests that the Court grant this renewed Motion to Stay.
`
`WHEREFORE, Life respectfully prays that the Court grant this renewed motion
`
`and stay any further activity in this case pending the completion of the reexamination
`
`proceedings concerning the allegedly infringed patents.
`
`2
`
`Case 1:12-cv-01173-CCE-JEP Document 53 Filed 08/30/13 Page 2 of 4
`
`
`
`Respectfully submitted, this 30th day of August, 2013.
`
`Katherine Nolan-Stevaux
`katherine.nolan-stevaux@lifetech.com
`LIFE TECHNOLOGIES CORP.
`850 Lincoln Centre Dr.
`Foster City, CA 94404
`Telephone: 650-554-3584
`Facsimile: 650-554-2885
`
`/s/ Allison O. Van Laningham
`
`Allison O. Van Laningham
`N.C. State Bar No. 23430
`avanlaningham@vldlitigation.com
`Stephen M. Russell, Jr.
`N.C. State Bar No. 35552
`srussell@vldlitigation.com
`VAN LANINGHAM DUNCAN PLLC
`300 N. Greene Street, Suite 850
`Greensboro, NC 27401
`Telephone: 336-645-3320
`Facsimile: 336-645-3330
`
`Peter J. Armenio
`New York Bar No. 2714517
`peterarmenio@quinnemanuel.com
`Anne S. Toker
`New York Bar No. 2488344
`annetoker@quinnemanuel.com
`QUINN EMANUEL
`URQUHART & SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, New York 10010
`Telephone: 212-849-7000
`Facsimile: 212-849-7100
`
`Attorneys for Defendants
`
`3
`
`Case 1:12-cv-01173-CCE-JEP Document 53 Filed 08/30/13 Page 3 of 4
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 30th day of August, 2013 I electronically filed the
`foregoing Defendants' Brief In Support Of Their Renewed Motions To Stay Pending
`Reexamination with the Clerk of the Court using the CM/ECF system which will send
`notification of such filing to the CM/ECF participants.
`
`/s/ Allison O. Van Laningham
` Allison O. Van Laningham
`
`4
`
`Case 1:12-cv-01173-CCE-JEP Document 53 Filed 08/30/13 Page 4 of 4
`
`
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