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. 20-cv-01465-WHO Plaintiffs,
ORDER GRANTING MOTION TO
v. AMEND BGI GENOMICS CO., LTD., et al., Re: Dkt. Nos. 233, 241, 244 Defendants. 11 12 INTRODUCTION Defendants BGI Genomics Co., LTD., BGI Americas Corp., MGI Tech Co., Ltd., MGI Americas, Inc., and Complete Genomics, Inc. (“BGI”) move for leave to amend to add a new inequitable conduct defense. Plaintiffs Illumina, Inc. and Illumina Cambridge Ltd., (“Illumina”) oppose the motion, arguing that BGI’s proposed defense is futile, that BGI failed to act diligently in seeking leave, and that amendment would be prejudicial to Illumina. In light of the liberal amendment standard, and for the reasons set forth below, BGI’s motion is GRANTED. In addition, Illumina’s request to file a sur-reply is GRANTED. BGI’s motion to seal documents associated with its reply brief is DENIED. BACKGROUND When prosecuting the ’444…