Illumina, Inc. v. BGI Genomics Co., Ltd

BACKGROUND

20 Illumina filed the complaint in this matter (“Illumina I”) on June 27, 2019. Dkt. No. 1. It 21 alleges that BGI infringes U.S. Patent No. 9,410,200 (the “’200 Patent”) and 7,566,537 (the “’537 22 Patent”) (“Asserted Patents”) by selling its sequencers and related reagents. Id. ¶¶ 2, 33–44. It asserts 23 that BGI’s sequencers infringe claim 1 of the ’537 Patent and claim 1 of the ’200 Patent. Id. ¶¶ 35, 37, 24 41. BGI filed counterclaims, alleging that Illumina’s DNA sequencing systems (“Accused Products”) 25 infringe claims 1–3 and 5 of its’984 Patent. Dkt. No. 94 (“First Amended Answer” or “FAA”) ¶ 10. 26 This matter is related to Illumina Inc., et al., v. BGI Genomics Co., Ltd., et al., Case No. 20-CV-1465 27 selling, and using a different set of products. Fact discovery closed on March 26, 2021 and expert discovery closed on May 28, 2021. Illumina II, Dkt. No. 249 at 2. On June 17, 2021, BGI filed a motion to strike the expert opinions of Illumina’s damages expert, Dr. Stephen Prowse. Dkt. No. 380 (“Mot.”). LEGAL STANDARD I. FEDERAL RULES Under Federal Rule of Civil Procedure 12(f), “[t]he…