Order Granting and Denying In Part Plaintiffs' Motion To
Strike, Verinata Health, Inc. v. Sequenom, Inc., (Case No.
c 12-00865-SI) (Judge Susan Illston)
The adage "Rules are meant to be broken..." is a risky
one to test in court, particularly when it comes to the Northern
District's Patent Local Rule disclosures. Courts may exclude
infringement and invalidity theories the parties fail to adequately
disclose under these rules.
Take, for example, Judge Illston's recent decision in
Verinata Health, Inc. v. Sequenom, Inc., (Case No. c
12-00865-SI). On August 20, 2014, Judge Illston granted and
denied in part plaintiffs Verinata Health, Inc.'s and Board of
Trustees of the Leland Stanford Junior University's (together
"Verinata") motion to strike portions of defendants
Sequenom Inc. and Sequenom Center for Molecular Medicine, LLC's
(together "Sequenom") invalidity expert report. At
issue were several allegedly new invalidity theories Sequenom's
expert (Dr.
