On May 3, 2024, Illumina Inc announced that on November 1, 2023, it has filed a motion to dismiss the complaint, which has not yet been briefed, filed by the Icahn Capital, and the director of the Company moved to strike portions of the complaint that contain improperly included confidential and privileged information. On January 16, 2024, the Court granted the motion to strike. On December 5, 2023, the Icahn Capital moved to expedite the proceedings with respect to their direct claims. The Company opposed that motion and it joined their opposition.

On January 19, 2024, the Court denied Icahn Capital?s motion to expedite. On January 23, 2024, the Icahn Capital filed a motion for re-argument of the Court?s January 16, 2024, opinion, which the Court denied on February 19, 2024. On February 29, 2024, the Icahn Capital filed an application to the trial court to certify the orders granting the motion to strike and denying the motion for re-argument for interlocutory appeal.

The Court refused the application on March 20, 2024. On March 14, 2024, the Icahn Capital filed an application for interlocutory appeal with the Supreme Court of Delaware, which the Court denied on April 11, 2024.