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

Filing 47

ORDER setting motion to compel on 2/13/09 and vacating 1/30/09 motion to dismiss. Signed by Judge Illston on 1/13/09. (ts, COURT STAFF) (Filed on 1/13/2009)

Case 3:08-cv-04909-SI

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1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 2 Charles K. Verhoeven (Bar No. 170151) [e-mail] m 3 50 California Street, 22nd Floor San Francisco, California 94111 4 Telephone: [phone] Facsimile: [phone] 5 Victoria F. Maroulis (Bar No. 202603) 6 [e-mail] m Gabriel S. Gross (Bar No. 254672) 7 [e-mail] m 555 Twin Dolphin Drive, Suite 560 8 Redwood Shores, California 94065-2139 Telephone: [phone] Facsimile: [phone] 10 Attorneys for Plaintiffs Genentech, Inc. and Biogen Idec Inc. 11 12 13 14 15 16 17

HARVEY SISKIND LLP D. Peter Harvey (State Bar No. 55712) [e-mail] Raffi V. Zerounian (State Bar No. 236388) [e-mail] m Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP Paul H. Berghoff [e-mail] m Joshua R. Rich [e-mail] m Alison J. Baldwin [e-mail] m 300 S. Wacker Drive Chicago, Illinois 60606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis U.S. LLC, and Sanofi-Aventis U.S. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO. 3:08-cv-04909-SI STIPULATION AND [PROPOSED] ORDER SHORTENING BRIEFING AND HEARING SCHEDULE FOR PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS

18 GENENTECH, INC. and BIOGEN IDEC INC., 19 Plaint iffs, 20 vs. 21 SANOFI-AVENTIS DEUTSCHLAND 22 GMBH, SANOFI-AVENTIS U.S. LLC, and SANOFI-AVENTIS U.S. INC., 23 Defendants. 24 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER SHORTENING BRIEFING AND HEARING SCHEDULE CASE NO. 3:08-cv-04909-SI

Case 3:08-cv-04909-SI

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Pursuant to Civil Local Rule 6-2, Plaintiffs Genentech, Inc. and Biogen Idec, Inc. and

2 Defendants Sanofi-Aventis Deutschland GmbH ("Sanofi-Aventis Germany"), Sanofi-Aventis U.S. 3 LLC, and Sanofi-Aventis U.S. Inc. jo int ly request that the Court enter the accompanying proposed 4 order shortening the time for briefing and hearing on Plaintiffs' Motion for Leave to Conduct 5 Limited Discovery to Respond to Defendants' Motions to Dismiss. 6 1. 7 Reason for Request On October 27, 2008, Plaintiffs filed their Complaint for declaratory judgment that they do

8 not infringe U.S. Patent Nos. 5,849,522 and 6,218,140 and that the patents are invalid. On 9 December 2, 2008, Sanofi-Aventis Germany filed a Motion to Dismiss for Lack of Personal 10 Jurisdiction based on a lack of minimum contacts with the forum. On the same date, Sanofi11 Avent is U.S. LLC and Sanofi-Aventis U.S. Inc. filed a Motion to Dismiss for Lack of Subject 12 Matter Jurisdiction and Failure to State a Claim based on a lack of legal interest in the patents-in13 suit. The hearing on Defendants' motions to dismiss is currently set for 9:00 a.m. on Friday, 14 January 30, 2009. Pursuant to Local Rule 7-3, Plaintiffs' oppositions are currently due on January 15 9, 2009. 16 Plaint iffs have requested jurisdictional discovery in advance of filing their oppositions to

17 the motions to dismiss; Defendants have consented to allowing certain discovery related to 18 personal jurisdiction and subject matter jurisdiction arising out of the motions. To allow sufficient 19 time for such jurisdictional discovery, the parties already have stipulated to, and on January 6, 20 2009 requested that the Court enter an order vacating the January 30, 2009 date for hearing on 21 Defendants' motions to dismiss and related briefing deadlines, and rescheduling the briefing and 22 hearing schedule after the completion of jurisdictional discovery. (D.N. 31.) 23 The parties have agreed on some, but not all aspects of the scope of permissible

24 jurisdictional discovery. Accordingly, Plaintiffs will be filing today a Motion for Leave to 25 Conduct Limited Discovery to Respond to Defendants' Motions to Dismiss. The parties agree that 26 resolving this motion in an expedited fashion will facilitate the prompt completion of jurisdictional 27 discovery and the resolution of Defendants' motions to dismiss. Therefore, the parties also agree, 28 if the Court approves, that Defendants would file their opposition to Plaintiffs' Motion for Leave
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1 to Conduct Limited Discovery no later than January 23, 2009, Plaintiffs would file their reply no 2 later than January 30, 2009, and the hearing would be scheduled for February 6, 2009. 3 2. 4 Prior Time Modifications The parties previously stipulated to a 15-day extension of time for Defendants to respond

5 to Plaintiffs' complaint. (D.N. 11.) Additionally, by Court order, the Court set the hearing date on 6 Defendants' Motion to Dismiss for January 30, 2009. (D.N. 30.) On January 6, the parties 7 separately stipulated to and requested that the Court enter an order vacating the January 30, 2009 8 hearing date on Defendant Sanofi-Aventis Deutschland GmbH's Motion to Dismiss for Lack of 9 Personal Jurisdiction and Defendants Sanofi-Aventis U.S. LLC's and Sanofi-Aventis U.S. Inc.'s 10 Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim and 11 permitting Plaint iffs to file their brief opposing the Motions to Dismiss fourteen (14) calendar 12 days after the close of jurisdictional discovery, and Defendants would file their reply brief seven 13 (7) calendar days after the opposition is filed, and the parties would request from the Court the 14 earliest available hearing date. (D.N. 31.) 15 3. 16 17 18 Effect of Requested Modification The requested extension will have no effect on the rest of the schedule in this action. So stipulated. NOW, THEREFORE, the parties to this action, through their respective counsel of record,

19 AGREE AND HEREBY STIPULATE, if agreeable to the Court, to shorten the time for hearing 20 on and briefing of Plaintiffs' Motion for Leave to Conduct Limited Discovery to Respond to 21 Defendants' Motions to Dismiss, such that the hearing would be scheduled for February 6, 2009, 22 with Defendants' brief in opposition due by January 23, 2009 and Plaintiffs' reply due by January 23 30, 2009. 24 25 26 27 28
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1 DATED: January 9, 2008 2 3 4 5 6 7 DATED: January 9, 2009 8 9 10 11 12 13 14

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /s/Gabriel S. Gross Charles K. Verhoeven Victoria F. Maroulis Gabriel S. Gross Attorneys for Plaintiffs Genentech, Inc. and Biogen Idec Inc. MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP

By /s/Joshua R. Rich Paul H. Berghoff Joshua R. Rich Alison J. Baldwin Attorneys for Defendants Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis U.S. LLC, and Sanofi-Aventis U.S. Inc.

I, Gabriel S. Gross, am the ECF User whose identification and password are being used to

15 file this document. Pursuant to General Order 45.X.B, I hereby attest that counsel for Defendants 16 has concurred in this filing. 17 18 19 20 21 22 23 24 25 26 27 28
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[PROPOSED] ORDER Pursuant to the stipulation of the parties and with good cause appearing, the Court

3 ORDERS that the time for hearing on and briefing of Plaintiffs' Motion for Leave to Conduct 4 Limited Discovery to Respond to Defendants' Motions to Dismiss be shortened, that the hearing 5 will be held February 6, 2009, Defendants' brief in opposition will be due no later than January 23, 2009, and Plaintiffs' brief in reply will be due no later than January 30, 2009. 6 7 8 9 10 January __, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

____________________________________ The Honorable Susan Illston UNITED STATES DISTRICT JUDGE

The motion to conduct discovery shall be heard on 2/13/09 @ 9 a.m.

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