Applera Corp.-Applied Biosystems Group v. Illumina, Inc.

MEMORANDUM AND ORDER RE MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(1) OR, IN THE ALTERNATIVE, TO STAY

PATEL, Chief Judge.

Plaintiff Applera Corporation — Applied Biosystems Group (“Applied”) brings this action against defendant Illumina, Inc. (“Illumina”) for infringement of four patents to which it claims ownership. Applied seeks injunctive relief and damages, along with attorneys’ fees pursuant to 35 U.S.C. section 285. Now before the court is Ulu-mina’s Rule 12(b)(1) motion to dismiss the action for lack of subject matter jurisdiction, or, in the alternative, to stay proceedings in…