Becton, Dickinson and Company v. Beckman Coulter, Inc.

I. BACKGROUND

25 This is an action for patent infringement where Plaintiffs accuse Beckman of 26 27 28 infringing thirteen of their patents. The asserted patents all relate to chemical structures of fluorescent polymer dyes that are used in flow cytometry. The dyes allow scientists to label and detect biological materials of interest in a sample, including small populations of difficult to detect proteins and cells. ECF No. 1 at ¶ 2. The accused products are Beckman’s polymer dye products, its SuperNova Fluorescent Polymer Dyes. Id. at ¶ 4. After filing the complaint, Plaintiffs moved for a preliminary injunction. ECF No. 9. On October 14, 2021, the Court held a hearing on the motion and denied the request for a preliminary injunction. ECF No. 66. While the motion was pending, the Court entered a scheduling order, permitting the parties to begin discovery and setting deadlines for exchanging infringement and invalidity contentions. ECF No. 56. At issue in the present motion are Plaintiffs’ Infringement Contentions. Beckman argues that the disclosure of accused products and infringement theories in the contentions…