AbCellera Biologics Inc. v. Berkeley Lights, Inc.

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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 12 COUNTERCLAIMS 13 Re: ECF No. 115 On August 5, 2021, Plaintiff filed a motion to dismiss and strike certain affirmative defenses and counterclaims from Defendant’s Answer and Second Amended Counterclaims. See ECF No. 115. The Court issued a stay pending IPR, which the Court lifted on August 4, 2023.

See ECF No. 143. Plaintiff’s motion to dismiss has been fully briefed as of September 19, 2023, and is now set for hearing on November 2, 2023. See ECF Nos. 155, 158.

On October 20, 2023, Plaintiff filed an amended complaint within the deadline contained in the Court’s scheduling order. See ECF Nos. 154, 164. Because “an amended complaint does not moot the counterclaims filed in the answer to the original complaint,” Williams & Cochrane, LLP v. Rosette, No. 17-CV-01436-GPC-MSB, 2020 WL 1939065, at *3 (S.D. Cal. Apr. 22, 2020), Defendant’s Second Amended Counterclaims are still operative and Plaintiff’s motion to dismiss / / / / / / / / / / / / 1 is still pending. Accordingly, the motion hearing scheduled for November 2, 2023 will remain on || calendar.

3 IT IS SO ORDERED.

4 Dated: October 25, 2023 JON S. TIGA 6 nited States District Judge

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