Genentech, Inc. et al v. Sanofi-Aventis Deutschland GMBH et al

Filing 285

ORDER re (259 in 3:08-cv-04909-SI) Letter filed by Genentech, Inc.. Signed by Magistrate Judge Bernard Zimmerman on 2/3/2010. (bzsec, COURT STAFF) (Filed on 2/3/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SANOFI-AVENTIS DEUTSCHLAND GMBH, et al., Defendant(s). GENENTECH, INC., et al., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C08-4909 SI (BZ) EIGHTH DISCOVERY ORDER

Following a telephone conference with respect to Genentech's request to take discovery in order to prepare its opposition to Sanofi's motion for leave to amend (Docket No. 259), at which all parties were represented by counsel, the Court finds as follows: 1. Discovery with respect to Avastin and Xolair is

relevant to the issues raised by Genentech's complaint for declaratory relief. 2. Such discovery is not needed to permit Genentech to

oppose Sanofi's motion to amend its complaint and its infringement contentions. In my opinion, that motion should 1

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be decided on grounds other than whether these two products infringe Sanofi's patents. 3. Under Rule 16 and Rule 26(b)(2)(C), the timing of

such discovery should not interfere with the resolution of the motion for leave to amend or the present schedule for serving infringement and invalidity contentions and for claims construction. It is therefore ORDERED that Genentech's request to take discovery with respect to Avastin and Xolair to assist it in opposing Sanofi's motion for leave to amend its complaint and its infringement contentions is DENIED, without prejudice. It is further ORDERED that such discovery may be taken after Judge Illston rules on Sanofi's motion, in the event the motion is granted or in the event the motion is denied and Genentech continues to seek a declaratory judgment that these two products do not infringe Sanofi's patents. Dated: February 3, 2010 Bernard Zimmerman United States Magistrate Judge
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