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. No. 260 Defendants.
12 INTRODUCTION Defendants BGI Genomics Co., Ltd., BGI Americas Corp., MGI Tech Co., Ltd., MGI Americas Inc., and Complete Genomics Inc. (collectively “BGI”) move for leave to amend their invalidity contentions to add a reference to Simple Synthesis of 5-Vinyl- and 5-Ethynyl-2’- Deoxyuridine-5’-Triphosphates, 29 Tetrahedron Letters 4525 (1988) (“Kovacs”). Plaintiffs Illumina, Inc. and Illumina Cambridge Ltd. (collectively “Illumina”) oppose the motion, arguing that BGI did not diligently seek leave to amend and that amendment would unfairly prejudice Illumina. For the reasons discussed below I conclude that BGI has good cause to amend, acted with reasonable diligence in seeking leave to amend, and that amendment would not unduly prejudice Illumina. …