Applera Corp.-Applied Biosystems Group v. Illumina, Inc.

MEMORANDUM AND ORDER RE MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(1) OR, IN THE ALTERNATIVE, TO STAY

Plaintiff Applera Corporation — Applied Biosystems Group (“Applied”) brings this action against defendant Illumina, Inc. (“Illumina”) for infringement of four patents to which it claims ownership. Applied seeks injunctive relief and damages, along with attorneys’ fees pursuant to 35 U.S.C. section 285 . Now before the court is Ulu-mina’s Rule 12(b)(1) motion to dismiss the action for lack of subject matter jurisdiction, or, in the alternative, to stay proceedings in this court pending the resolution of related state court proceedings between the same parties. Having considered the arguments and submissions of both parties, and for the reasons set forth below, the court rules as follows.

BACKGROUND

Applied, a large biotechnology division of the Delaware corporation Applera with its principal place of business in Foster City, California, entered a Joint Development Agreement (“JDA”) with Illumina, a smaller biotechnology company incorporated in Delaware and operating out of San Diego, California. The JDA outlined the rights and obligations of the companies, including…