Illumina, Inc. v. BGI Genomics Co., Ltd
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ILLUMINA, INC., et al., Case No. 19-cv-03770-WHO (TSH) Plaintiffs, Case No. 20-cv-1465-WHO
v.
DISCOVERY ORDER
BGI GENOMICS CO., LTD, et al., Re: Dkt. No. 222 (19-3770) & 144 (20- Defendants. 1465) 12 Defendants move to compel Plaintiffs to produce for deposition the nine listed inventors for the patents at issue in this case. Plaintiffs oppose. There are two separate sets of issues: (1) whether this discovery is relevant and proportional under normal Rule 26 considerations, and (2) what Plaintiffs’ obligations are under the assignment agreements with respect to the witnesses. The Court considers each in turn. A. Relevant and proportional In these patent infringement actions in which Defendants plead invalidity defenses, depositions of the inventors are relevant. Defendants assert defenses under section 112, arguing that the asserted patents lack a written description sufficient to enable one of skill in the art to make and use…