Geron Corporation v. Viacyte, Inc.
Filing
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STIPULATION AND ORDER FOR SUBSTITUTION OF PARTIES PURSUANT TO FED. R. CIV. PROC. 25 (C) re 39 STIPULATION WITH PROPOSED ORDER. Asterias Biotherapeutics, Inc. is substituted in place of Geron Corporation as Plaintiff in this matter. Geron is hereby dismissed with prejudice as a party to this case. Signed by Judge William H. Orrick on 10/01/2013. (jmdS, COURT STAFF) (Filed on 10/1/2013)
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IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
GERON CORPORATION, a Delaware
corporation,
Plaintiff,
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v.
Case No. C-12-4813 WHO
STIPULATION AND ORDER FOR
SUBSTITUTION OF PARTIES
PURSUANT TO FED. R. CIV. PROC. 25
(C)
VIACYTE, INC., a Delaware corporation,
Defendant.
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SILI CON VA LL EY
ATTO RNEY S AT LAW
M C D ERMOTT W ILL & E MERY LLP
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Plaintiff Geron Corporation (“Geron”) and Defendant ViaCyte, Inc. (“ViaCyte”) jointly
move this Court to enter an order substituting Asterias Biotherapeutics, Inc. (“Asterias”) in place
of Geron as the party in interest as Plaintiff in the above-captioned matter pursuant to Fed. R.
Civ. P. 25(c). Defendant ViaCyte has stipulated to the substitution of Asterias in place of Geron.
At the commencement of this lawsuit, Geron was the assignee of (1) U.S. Patent
Application Serial No. 11/960,477 (the “„477 Application”), listing Gregory J. Fisk and Margaret
S. Inokuma as inventors, and (2) U.S. Patent Application Serial No. 12/543,875 (the “„875
Application”), also listing Gregory J. Fisk and Margaret S. Inokuma as inventors.
See
Declaration of William G. Gaede in Support of Joint Stipulated Motion to Substitute, “Gaede
Decl.,” at ¶¶ 2 and 5.
Geron entered into an Asset Contribution Agreement with BioTime, Inc. and BioTime
Acquisition Corporation, now Asterias, providing for the divestiture of certain Geron stem cell
assets, including the assignment of the intellectual property at issue (hereinafter, “Agreement”) in
this action and the rights to prosecute this action. The Agreement was executed on January 4,
2013, and publicly announced on January 7, 2013 (the “Transaction”). See Gaede Decl., ¶ 8. See
also Declaration of Thomas B. Okarma in Support of Joint Stipulated Motion to Substitute,
“Okarma Decl.,” ¶ 3. As previously set forth in the Parties‟ pleadings in this case, under the
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Asset Contribution Agreement, the closing of the Transaction was contemplated to occur no later
than September 30, 2013, and on that basis the Parties requested, and the Court ordered, that the
matter be stayed until the later of (a) 30 days after the close of the Transaction or (b) 31 days after
September 30, 2013. In the Parties‟ Stipulated Request for Order Enlarging Time filed on August
6, 2013, the Parties indicated that upon the closing of the Transaction, Asterias would be
substituted in as Plaintiff in this action.
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See Gaede Decl., ¶ 9. Asterias is now the owner of all right, title and interest in and to the Geron
stem cell assets that are issue in the present case and is therefore the real party in interest in
prosecuting this case. See Gaede Decl., ¶ 10 and Okarma Decl. ¶ 5. Geron no longer has any
interest in the intellectual property at issue in this action. See Gaede Decl., ¶ 10.
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SILI CON VA LL EY
ATTO RNEY S AT LAW
M C D ERMOTT W ILL & E MERY LLP
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The Transaction closed on October 1, 2013, and was publicly announced on the same day.
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Geron and ViaCyte therefore submit that due to the transfer of assets pursuant to the
Agreement and the closure of the Transaction, Asterias should be substituted as the real party of
interest as Plaintiff.
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WHEREFORE, Geron and ViaCyte respectfully request that the Court grant their motion
and substitute Asterias for Geron as Plaintiff in this action and dismiss Geron with prejudice as a
party to this case.
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SO STIPULATED this 1st day of October, 2013.
MCDERMOTT WILL & EMERY LLP
BARTKO, ZANKEL, BUNZEL & MILLER
ROTHWELL, FIGG, ERNST & MANBECK PC
By:
By:
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/s/ William G. Gaede, III
William G. Gaede, III
Attorneys for Geron Corporation
Attorneys for ViaCyte Inc.
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/s/ Benjamin K. Riley
Benjamin K. Riley
-oOo-
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SIGNATURE ATTESTATION
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Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained
from Benjamin K. Riley indicated by a “conformed” signature (/s/) within this e-filed document.
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_________/s/ William G. Gaede, III_______
William G. Gaede, III
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ORDER
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SILI CON VA LL EY
ATTO RNEY S AT LAW
M C D ERMOTT W ILL & E MERY LLP
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After considering the Stipulated Motion of the parties, this Court hereby enters an order
substituting Asterias Biotherapeutics, Inc. (“Asterias”) in place of Geron Corporation (“Geron”)
as Plaintiff in this matter and directing that all pleadings, papers and other materials in this matter
be served on Asterias as Plaintiff. Geron is hereby dismissed with prejudice as a party to this
case.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: October 1, 2013
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____________________________________
HON. WILLIAM H. ORRICK
Judge of the United States District Court
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