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).

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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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

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