AbCellera Biologics Inc. v. Berkeley Lights, Inc.

N.D. California

AbCellera Biologics Inc. v. Berkeley Lights, Inc.

District Court, N.D. California·Decided October 25, 2023·No. 4:20-cv-08624·Unknown

Opinion

1 2 3 6 7 ABCELLERA BIOLOGICS INC, et al., Case No. 20-cv-08624-JST (consolidated) 8 Plaintiffs,

9 v. ORDER REGARDING PLAINTIFF'S MOTION TO DISMISS AND STRIKE 10 BRUKER CELLULAR ANALYSIS. F/K/A CERTAIN AFFIRMATIVE DEFENSES BERKELEY LIGHTS, INC., AND COUNTERCLAIMS FROM 11 DEFENDANT'S ANSWER AND Defendant. SECOND AMENDED

13 Re: ECF No. 115

14 On August 5, 2021, Plaintiff filed a motion to dismiss and strike certain affirmative 15 defenses and counterclaims from Defendant’s Answer and Second Amended Counterclaims. See 16 ECF No. 115. The Court issued a stay pending IPR, which the Court lifted on August 4, 2023. 17 See ECF No. 143. Plaintiff’s motion to dismiss has been fully briefed as of September 19, 2023, 18 and is now set for hearing on November 2, 2023. See ECF Nos. 155, 158. 19 On October 20, 2023, Plaintiff filed an amended complaint within the deadline contained 20 in the Court’s scheduling order. See ECF Nos. 154, 164. Because “an amended complaint does 21 not moot the counterclaims filed in the answer to the original complaint,” Williams & Cochrane, 22 LLP v. Rosette, No. 17-CV-01436-GPC-MSB, 2020 WL 1939065, at *3 (S.D. Cal. Apr. 22, 2020), 23 Defendant’s Second Amended Counterclaims are still operative and Plaintiff’s motion to dismiss 24 / / / 25 / / / 26 / / / 27 / / / 1 is still pending. Accordingly, the motion hearing scheduled for November 2, 2023 will remain on 2 || calendar.

4 Dated: October 25, 2023 5 JON S. TIGA 6 nited States District Judge 7 8 9 10 11 12

= 17

Z 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 6 7 ABCELLERA BIOLOGICS INC, et al., Case No. 20-cv-08624-JST (consolidated) 8 Plaintiffs,

9 v. ORDER REGARDING PLAINTIFF'S MOTION TO DISMISS AND STRIKE 10 BRUKER CELLULAR ANALYSIS. F/K/A CERTAIN AFFIRMATIVE DEFENSES BERKELEY LIGHTS, INC., AND COUNTERCLAIMS FROM 11 DEFENDANT'S ANSWER AND Defendant. SECOND AMENDED

13 Re: ECF No. 115

14 On August 5, 2021, Plaintiff filed a motion to dismiss and strike certain affirmative 15 defenses and counterclaims from Defendant’s Answer and Second Amended Counterclaims. See 16 ECF No. 115. The Court issued a stay pending IPR, which the Court lifted on August 4, 2023. 17 See ECF No. 143. Plaintiff’s motion to dismiss has been fully briefed as of September 19, 2023, 18 and is now set for hearing on November 2, 2023. See ECF Nos. 155, 158. 19 On October 20, 2023, Plaintiff filed an amended complaint within the deadline contained 20 in the Court’s scheduling order. See ECF Nos. 154, 164. Because “an amended complaint does 21 not moot the counterclaims filed in the answer to the original complaint,” Williams & Cochrane, 22 LLP v. Rosette, No. 17-CV-01436-GPC-MSB, 2020 WL 1939065, at *3 (S.D. Cal. Apr. 22, 2020), 23 Defendant’s Second Amended Counterclaims are still operative and Plaintiff’s motion to dismiss 24 / / / 25 / / / 26 / / / 27 / / / 1 is still pending. Accordingly, the motion hearing scheduled for November 2, 2023 will remain on 2 || calendar.

4 Dated: October 25, 2023 5 JON S. TIGA 6 nited States District Judge 7 8 9 10 11 12

= 17

Z 18 19 20 21 22 23 24 25 26 27 28

AbCellera Biologics Inc. v. Berkeley Lights, Inc., (N.D. Cal. 2023).

Pincite

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