Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 388 Filed O2/26/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AFFYMETRIX, INC., :
Plaintiff, i
v. E Civil Action No. 04-901 JJF
ILLUMINA, INC., i
Defendant. ;
QQPQ
WHEREAS, on February 8, 2007, the Court held a pretrial
conference at which the parties discussed the number of claims to
be presented at the infringement phase of the trial scheduled to
commence May 5, 2007;
WHEREAS, as evidenced in letters submitted to the Court
(D.I. 375, 377, 380), the parties were unable to reach an
agreement on the number of claims;
NOW THEREFORE, IT IS HEREBY ORDERED that Plaintiff is
limited to asserting twelve (I2) claims total for the five
patents in suit; however, claim 53 of U.S. Patent No. 6,646,243
may not be one of the twelve claims asserted.
February 26, 2007 `i%f _
UN&¥ED %TATE§ DISTRICT JUDGQ ;

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