Re: Helicos Biosciences Corp. v.
Pacific Biosciences of California, Inc. et al.
C.A. No. 10-735-SLR-MPT
Dear Judge Robinson:
Plaintiffs Helicos Biosciences Corporation ("Helicos") and Arizona Science and Technology Enterprises LLC ("AzTE") (collectively, "Plaintiffs") and Defendant Pacific Biosciences of California, Inc. ("PacBio") have entered into a binding settlement term sheet and expect to enter into a settlement agreement that resolves the instant litigation between Plaintiffs and PacBio. In view of the settlement term sheet, and in the interest of better fostering the
settlement process, PacBio requests that for the time being the Court refrain from ruling on Plaintiffs' objections to Magistrate Judge Thynge's March 1, 2012 order (D.I. 221) requiring
production of privileged documents. Should Plaintiffs and PacBio enter into the settlement agreement as expected, PacBio will formally withdraw its request for the relief that is the subject
of Plaintiffs' objections to Magistrate Judge Thynge's March 1, 2012 order.
Respectfully,
/s/ David Moore
David Moore
DEM:nmt
105865/36033
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Counsel of Record (via Electronic Mail