Free Order on Motion to Compel - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 217 Filed 02/17/2006 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AFFYMETRIX, INC., :
Plaintiff, E
v. E Civil Action No. O4r90l JJF
ILLUMINA, INC., E
Defendant. Z
O R D E R
WHEREAS, for the reasons discussed on the record by the
Court at the status conference held in this matter on Wednesday,
February I5, 2006;
NOW THEREFORE IT IS HEREBY ORDERED that:
l. The Court will schedule a claim construction
hearing in this matter for Thursday, April 20, 2006, at 1:30
P -m- I
2. Defendant’s Motion For Leave To File First Amended
Answer And Counterclaims (D.I. 163) is GRANTED;
3. The antitrust counterclaim, Count VII, in
Defendant's First Amended Answer And Counterclaims is STAYED for
later consideration by the Court;
4. Each party shall, no later than Thursday, March 2,
2006, remedy all deficiencies in its discovery production claimed
by the opposing party in the letters submitted in preparation for
the February 15, 2006 conference (D.I. 2l2 & 214};
5. If, after March 2, either party remains unsatisfied

Case 1:04-cv-00901-JJF Document 217 Filed O2/17/2006 Page 2 of 2
with the other party's discovery production, it shall, no later
than Monday, March 6, notify the Court of the matters remaining
in dispute. The Court will schedule evidentiary hearings on
those matters as necessary;
6. Defendant's Motion To Compel Documents Relating To
Non—Enablement And Reduction To Practice (D.I. 100) is DENIED as
moot.
February 17, 2006 ` `jif ,» E. .
DATE ·aj,'· ‘a sim s DISTRICT Ju st: