Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. et al

Filing 88

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. et al

Doc. 88

Case 3:05-cv-04158-MHP

Document 88

Filed 10/27/2006

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW PALO A L T O

COOLEY GODWARD KRONISH LLP STEPHEN C. NEAL (No. 170085) ([e-mail]) RICARDO RODRIGUEZ (No. 173003) ([e-mail]) MICHELLE S. RHYU (No. 212922) ([e-mail]) Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Tel: [phone] Fax: [phone] Attorneys for Plaintiff and Counterclaim Defendant, THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY and Counterclaim Defendant THOMAS MERIGAN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, Plaintiff, v. ROCHE MOLECULAR SYSTEMS, ET AL., Defendants.

Case No. C 05 04158 MHP COUNTERCLAIM DEFENDANTS STANFORD UNIVERSITY, DR. MERIGAN AND DR. HOLODNIY'S ADMINISTRATIVE REQUEST TO FILE UNDER SEAL THEIR MOTION FOR SUMMARY JUDGMENT AND CERTAIN EXHIBITS IN THE DECLARATION OF MICHELLE S. RHYU IN SUPPORT THEREOF

ROCHE MOLECULAR SYSTEMS, ET AL., Counterclaimants, v. THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY; THOMAS MERIGAN AND MARK HOLODNIY Counterclaim Defendants.

ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. C 05 04158 MHP

Dockets.Justia.com

Case 3:05-cv-04158-MHP

Document 88

Filed 10/27/2006

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW PALO A L T O

This Administrative request is submitted in support of Plaintiff and Counterclaim Defendants' Motion for Summary Judgment. 1. In accordance with Civil Local Rule 79-5(b) and the Stipulated Protective Order

Regarding Disclosure of Protected Information entered by this Court on May 19, 2006, Plaintiffs and Counterclaim Defendants request that the following exhibit attached to the Declaration of Michelle S. Rhyu, submitted herewith, be filed under seal: Exhibit 7 ­ Excerpts from Mark Holodniy's Lab Notebook, vol. 3. 2. In accordance with Civil Local Rules 79-5(b) and (d) and the Stipulated Protective

Order Regarding Disclosure of Protected Information entered by this Court on May 19, 2006, Plaintiffs and Counterclaim Defendants request that the following exhibit attached to the Declaration of Michelle S. Rhyu, submitted herewith, be filed under seal: Exhibit 681 ­

Defendants' Supplemental Responses and Objections to Plaintiff's First and Second Sets of Interrogatories [Nos. 2-11], dated August 14, 2006. 3. In accordance with Civil Local Rules 79-5(c) and (d) and the Stipulated Protective

Order Regarding Disclosure of Protected Information entered by this Court on May 19, 2006, Plaintiffs and Counterclaim Defendants request to file Plaintiffs' and Counterclaim Defendants' Motion for Summary Judgment, submitted herewith, under seal. A public, redacted version of

this document is being lodged with the court electronically herewith. 4. Plaintiffs and Counterclaim Defendants also lodged the following documents

separately for filing under seal. Upon review and in agreement with Defendants, Plaintiffs and Counterclaim Defendants hereby inform that court that these documents are no longer designated confidential and do not require filing under seal: (a) Exhibit 5 ­ Excerpts from Mark Holodniy's Lab Notebook, vol. 1; (b) Exhibit 554 ­ Letter from Luis Mejia to Thomas MacMahon, re "PCR Assays for Monitoring Antiviral Therapy and Making Therapeutic Decisions in the Treatment of AIDS," dated October 1, 1998;

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ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. C 05 04158 MHP

Case 3:05-cv-04158-MHP

Document 88

Filed 10/27/2006

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW PALO A L T O

(c) Exhibit 554A ­ Letter from Luis Mejia to Thomas MacMahon, re "PCR Assays for Monitoring Antiviral Therapy and Making Therapeutic Decisions in the Treatment of AIDS," dated October 1, 1998 [Stanford Bates labeled version]; (d) Exhibit 693 ­ Stanford University Office of Technology Licensing PowerPoint Presentation.

Dated: October 27, 2006

COOLEY GODWARD KRONISH LLP by: /s/

Ricardo Rodriguez

Attorneys for Counter Defendants The Board of Trustees of the Leland Stanford Junior University, Thomas Merigan and Mark Holodniy
739920 v1/PA

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ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. C 05 04158 MHP