Exonhit Therapeutics SA et al v. Jivan Biologics Inc

Filing 146

ORDER RE STATUS REPORT. Signed by Judge Alsup on October 20, 2008. (whalc1, COURT STAFF) (Filed on 10/20/2008) (Additional attachment(s) added on 10/20/2008: # 1 Certificate of Service) (ls, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 EXONHIT THERAPEUTICS S.A., a French societe anonyme, and EXONHIT THERAPEUTICS, INC., a Delaware corporation, Plaintiff, v. JIVAN BIOLOGICS, INC., a Delaware corporation, Defendant. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 07-01427 WHA

United States District Court

11
For the Northern District of California

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ORDER RE STATUS REPORT

The Court has received the parties' separately submitted status reports regarding the pending reexamination proceedings. In its report, ExonHit informed the Court that Jivan has filed a second request for reexamination that was merged by the PTO into the first request for reexamination thereby delaying any action in the first request. The Court does not wish this matter to be delayed any further than it already has. Accordingly, if Jivan files another request for reexamination based on prior art that could have been located prior to the second request for reexamination the stay in this case will be lifted. The parties should file a status report on FEBRUARY 16, 2009, updating the Court as to the status of the reexamination proceeding. IT IS SO ORDERED.

Dated: October 20, 2008.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE