This case was last updated from U.S. District Courts on 10/10/2021 at 08:25:26 (UTC).

Illumina, Inc. v. APExBIO Technology LLC

Case Summary

On August 11, 2021, Illumina, Inc. (“Illumina”)” or “Plaintiff”), represented by Aimee Perilloux Fagan of Sidley Austin LLP, filed an intellectual property lawsuit against APExBIO Technology LLC (“APExBIO” or “Defendant”), seeking injunctive relief, appropriate damages and prejudgment and post-judgment interest for the alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in the United States District Court in the Southern District of Texas.

 

The Plaintiff filed the complaint for the alleged infringement of the U.S. Patent which generally relates to methods of preparing a library of nucleic acids using transposomes: U.S. Patent No. 10,184,122 titled “Transposon End Compositions and Methods for Modifying Nucleic Acids” (“the ’122 Patent”) owned by Plaintiff. 

 

In the complaint, the Plaintiff alleged that, “APExBIO has and continues to induce infringement of one or more claims of the ’122 Patent under 35 U.S.C. § 271(b) by actively inducing its customers to use the Accused Products in a manner that directly infringes one or more claims of the ’122 Patent. APExBIO’s product literature and website instructs customers to perform the claimed steps of the ’122 Patent by using the Accused Products.”

 

The Plaintiff also alleged that, “APExBIO has and continues to contribute to infringement of one or more claims of the ’122 Patent under 35 U.S.C. § 271(c) by supplying the Accused Products. The Accused Products constitute a material part of the invention claimed in at least representative claim 1 of the ’122 Patent, in particular because the Accused Products are specifically designed and advertised for use to infringe by performing the claimed steps of the ’122 Patent using the Accused Products.”

 

Further, the Plaintiff alleged that, “As set forth throughout this Complaint, APExBIO’s infringement of the ’122 Patent has been and is deliberate and willful and constitutes egregious misconduct. APExBIO’s misconduct has been and continues to be reckless, willful, wanton, malicious, committed in bad faith, deliberate, consciously wrongful, flagrant, and characteristic of a pirate.”

 

There are three claims for relief laid down by the Plaintiff one for infringement of each Patents-in-suit.

 

In the prayer for relief, the Plaintiff has requested the Court to pass an order that APExBIO has induced infringement of the ’122 Patent in violation of 35 U.S.C. § 271(b) along with injunctive relief pursuant to at least 35 U.S.C. § 283 with an award of damages adequate to compensate Illumina for APExBIO’s patent infringement pursuant at least to 35 U.S.C. § 284, including lost profits and/or a reasonable royalty, said damages to be trebled by reason of the intentional and willful nature of APExBIO’s infringement including costs and pre and post-judgment interest as allowed by law. The Plaintiff also requested the Court for declaring this as an exceptional case and an award to Plaintiff of their reasonable attorney fees, pursuant to 35 U.S.C. §§ 285.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-02611

  • Filing Date:

    08/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Charles Eskridge

 

Party Details

Plaintiff

Illumina, Inc.

Defendant

APExBIO Technology LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Aimee Perilloux Fagan

Attorney at Sidley Austin LLP

2021 Mckinney Avesuite 2000

Dallas, TX 75201

Bradford Badke

Attorney at Sidley Austin LLP

787 Seventh Ave

New York, NY 10019

Brooke S Boll

Attorney at Sidley Austin LLP

555 West Fifth St

Los Angeles, CA 90013

Lauren Cranford Katzeff

Attorney at Sidley Austin LLP

1501 K St., N.W.

Washington, DC 20005

Sona De

Attorney at Sidley Austin LLP

787 Seventh Ave

New York, NY 10019

Defendant Attorney

Shuang Leng

Attorney at Arch & Lake LLP

2500 Wilcrest Drivesuite 301

Houston, TX 77042

 

Court Documents

#25

24 #1

Proposed Order Proposed Order

#24

#23

#22

#21

#20

#18

#17

#2

1 #7

Civil Cover Sheet

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

29 More Documents Available
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Docket Entries

  • 10/06/2021
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  • Docket(#25) ORDER granting #24 Unopposed MOTION for Extension of Time to answer, move or otherwise respond to Plaintiff's Complaint. Answer or other response due by 11/03/2021. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 10/06/2021)

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  • 10/01/2021
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  • Docket(#24) Unopposed MOTION for Extension of Time to answer, move or otherwise respond to Plaintiff's Complaint by APExBIO Technology LLC, filed. Motion Docket Date 10/22/2021. (Attachments: #1 Proposed Order Proposed Order)(Leng, Shuang) (Entered: 10/01/2021)

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  • 09/17/2021
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  • Docket(#23) ORDER granting #18 Motion for Brooke S. Boll to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 09/17/2021)

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  • 09/15/2021
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  • Docket(#22) CERTIFICATE OF INTERESTED PARTIES by APExBIO Technology LLC, filed.(Leng, Shuang) (Entered: 09/15/2021)

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  • 09/15/2021
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  • Docket(#21) ORDER granting #17 Motion for Lauren Cranford Katzeff to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 09/15/2021)

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  • 09/10/2021
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  • Docket(#20) CERTIFICATE OF INTERESTED PARTIES by Illumina, Inc., filed.(Fagan, Aimee) (Entered: 09/10/2021)

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  • 09/08/2021
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  • Docket(#19) ORDER granting #16 Motion to Reset. Initial Conference reset for 11/18/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 09/08/2021)

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  • 09/07/2021
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  • Docket(#18) MOTION for Brooke S. Boll to Appear Pro Hac Vice by Illumina, Inc., filed. Motion Docket Date 9/28/2021. (Fagan, Aimee) (Entered: 09/07/2021)

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  • 09/07/2021
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  • Docket(#17) MOTION for Lauren Cranford Katzeff to Appear Pro Hac Vice by Illumina, Inc., filed. Motion Docket Date 9/28/2021. (Fagan, Aimee) (Entered: 09/07/2021)

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  • 09/07/2021
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  • Docket(#16) Unopposed MOTION to Reset Initial Pretrial Conference by Illumina, Inc., filed. Motion Docket Date 9/28/2021. (Attachments: #1 Proposed Order)(Fagan, Aimee) (Entered: 09/07/2021)

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5 More Docket Entries
  • 08/26/2021
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  • Docket(#10) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/28/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) (Entered: 08/26/2021)

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  • 08/20/2021
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  • Docket(#9) RETURN of Service of SUMMONS Executed as to APExBIO Technology LLC served on 8/13/2021, answer due 9/3/2021, filed.(Fagan, Aimee) (Entered: 08/20/2021)

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  • 08/13/2021
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  • Docket(#8) US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (JacquelineMataadi, 4) (Entered: 08/13/2021)

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  • 08/12/2021
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  • Docket(#7) Summons Issued as to APExBIO Technology LLC. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) (Entered: 08/12/2021)

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  • 08/11/2021
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  • Docket(#6) MOTION for Sona De to Appear Pro Hac Vice by Illumina, Inc., filed. Motion Docket Date 9/1/2021. (Fagan, Aimee) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#5) MOTION for Bradford J. Badke to Appear Pro Hac Vice by Illumina, Inc., filed. Motion Docket Date 9/1/2021. (Fagan, Aimee) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT by Illumina, Inc., filed.(Fagan, Aimee) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#3) NOTICE of Filing of Patent/Trademark Form (AO 120) by Illumina, Inc., filed. (Fagan, Aimee) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#2) Request for Issuance of Summons as to APExBIO Technology LLC, filed.(Fagan, Aimee) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#1) COMPLAINT against APExBIO Technology LLC (Filing fee $ 402 receipt number 0541-26882674) filed by Illumina, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Fagan, Aimee) (Entered: 08/11/2021)

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