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Kaye Scholer Secures Settlement of Two Patent Infringement Cases Filed by Illumina Against Complete Genomics

July 18, 2013

PALO ALTO--Kaye Scholer secured a settlement agreement for long-term client Complete Genomics with Illumina, Inc. under which Illumina will dismiss with prejudice both lawsuits it had brought against Complete: Illumina, Inc. and Solexa, Inc. v. Complete Genomics, Inc., Case No. 10-cv-05542 EDL (N.D. Cal.); and Illumina, Inc. and Illumina Cambridge Ltd. v. Complete Genomics, Inc., Case No. 12-cv-01465 BEN BGS (S.D. Cal).

Complete will dismiss with prejudice all counterclaims. The parties have entered into mutual releases, and each party will bear its own litigation costs. No payment is being made by either party to the other, and no licenses are being granted by either party to the other.

This settlement follows on the heels of a March 2013 ruling for Complete Genomics by Kaye Scholer, in which the firm’s patent litigators secured a trio of decisions invalidating the asserted sequencing method claims of the ‘597 patent and finding not infringed the asserted kit claims of the ‘597 patent.

The Kaye Scholer litigation team was led by Partner Michael Malecek, and included Partner Peter Root, Associates Marisa Armanino Williams, Sean Boyle, and Henry Schober.

Kaye Scholer has a strong track record when it comes to trying exceptionally complicated patent infringement cases, particularly in the life sciences and technology industries. With a primary focus on trial and litigation capability, much of the group's work on behalf of clients concerns blockbuster products. Many of our patent lawyers have degrees in chemistry, biochemistry, engineering or computer science, which allows us to quickly grasp the most sophisticated scientific concepts and make them understandable to judges and juries. During pretrial, we stress efficient and productive discovery and, where possible, an early disposition of the issues by summary judgment or tactical settlement.

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