Verinata Health, Inc. v. Ariosa Diagnostics, Inc.
Opinion
Lead Opinion
Illston, J.
ORDER DENYING ILLUMINA’S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS
Before the Court is plaintiff Illumina Inc.’s motion for leave to amend its in *1112 fringement contentions. Dkt. 309. Pursuant to Civil Local Rule 7-1 (b), the Court determines that this matter is appropriate for resolution without oral argument and VACATES the hearing scheduled for February 17, 2017. For the reasons set forth below, the Court DENIES plaintiffs motion.
BACKGROUND
This consolidated patent infringement action currently involves two patents, U.S. Patent No. 8,818,430 . (the “’430 Patent”) and U.S. Patent No. 7,955,794 (the “’794 Patent” and, together with the ’430 Patent, the “patents-in-suit”). Plaintiffs Illumina Inc. (“Illumina”) and Verinata Health, Inc. (“Verinata” and,' together with Illumina, “plaintiffs”) accuse defendant Ariosa' Diagnostics, Inc.’s (“Ariosa’s”) 1 Harmony Prenatal Test of infringing the patents-in-suit. After issuing claim construction orders construing the disputed terms of both the ’430 Patent and the ’794 Patent, see Dkts. 89, 199, the Court granted Ariosa’s third motion to stay this case pending resolution of inter partes review" (“IPR”) of the patents-in-suit…