Geron Corporation v. Viacyte, Inc.

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER REQUESTING ORDER ENLARGING TIME. Case Management Statement due by 4/15/2014. Further Case Management Conference set for 4/22/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Mediation to be completed by 4/30/2014. Signed by Judge William H. Orrick on 02/14/2014. (jmdS, COURT STAFF) (Filed on 2/14/2014)

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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Benjamin K. Riley (State Bar No. 112007)
[e-mail]
Jayne Laiprasert (State Bar No. 256930)
[e-mail]
BARTKO, ZANKEL, BUNZEL & MILLER
One Embarcadero Center, Suite 800
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

Michael J. Malecek (State Bar No. 171034)
[e-mail]
Sean Boyle (State Bar No. 238128)
[e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306-2112
Telephone:
[phone]
Facsimile:
[phone]

R. Danny Huntington (pro hac vice)
[e-mail]
Sharon E. Crane (pro hac vice)
[e-mail]
Seth E. Cockrum (pro hac vice)
[e-mail]
ROTHWELL, FIGG, ERNST & MANBECK,
PC
607 14th Street, N.W., Suite 800
Washington, D.C. 20005
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Plaintiff
ASTERIAS BIOTHERAPEUTICS, INC.

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Attorneys for Defendant
VIACYTE, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ASTERIAS BIOTHERAPEUTICS, INC.,
Plaintiff,

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v.

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VIACYTE, INC.,
Defendant.

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Case No. 12-cv-04813-WHO
STIPULATED REQUEST FOR ORDER
ENLARGING TIME PURSUANT TO
CIVIL L.R. 6-2; ORDER

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STIPULATED REQUEST FOR ORDER ENLARGING TIME
Case No. 12-4813 WHO
2414.000/785685.1

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WHEREAS, on September 13, 2012, Geron Corporation (“Geron”) filed the complaint in

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this action against Defendant ViaCyte, Inc. (“ViaCyte” or “Defendant”) pursuant to 35 U.S.C.

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§146 (D.I. 1);

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WHEREAS, on January 3, 2013, a Case Management Conference was held in this case

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before Judge Edward M. Chen. The Court ordered that ViaCyte was to file a motion to define the

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scope of the case and discovery by February 21, 2013, that Plaintiff Geron was to file its opposition

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by March 7, 2013, that ViaCyte was to file its reply by March 14, 2013, and that a hearing on the

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preceding motion and a further Case Management Conference be set for April 4, 2013 (D.I. 31);

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WHEREAS, prior to reassignment of this case to the undersigned, counsel met, conferred,
and agreed that dates for mediation, Motion to Define Scope of Case and Discovery, Opposition to

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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the Motion to Define the Scope, Reply to the Motion to Define the Scope, and the Case

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Management Conference be extended until the earlier of (a) 30 days after the close of the

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Transaction by which Geron divested its stem cell assets to current Plaintiff Asterias or (b) 31

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days after September 30, 2013, as follows:

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Event

Dates

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Motion to Define Scope

October 31, 2013

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Opposition to Motion to Define Scope

November 14, 2013

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Reply to Motion to Define Scope

November 21, 2013

Case Management Conference

December 5, 2013

Mediation Completion (ADR L.R. 6-3)

February 28, 2014

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WHEREAS, the parties jointly filed a Stipulated Request for Enlarging Time Pursuant to

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Civ. L.R. 6-2 (D.I. 32) on January 16, 2013, and Judge Edward M. Chen granted said request on

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January 25, 2013 (D.I. 33);

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WHEREAS, the present case was reassigned to the Honorable William H. Orrick on June
27, 2013;

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STIPULATED REQUEST FOR ORDER ENLARGING TIME
Case No. 12-4813 WHO
2414.000/785685.1

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WHEREAS, the Reassignment Order and Order Requiring Submission of Case

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Management Statement dated June 27, 2013 vacated the above previously granted dates with the

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exception of the Mediation Completion date of February 28, 2014;

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WHEREAS, counsel for then Plaintiff Geron and ViaCyte met, conferred and agreed that

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the previously ordered dates by Judge Chen for mediation, filing the Motion to Define Scope of

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Case and Discovery, Opposition to the Motion to Define Scope, and Reply to the Motion to

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Define Scope, be maintained. The parties proposed an additional date of December 11, 2013 to

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hear the Motion to Define Scope, and proposed resetting the date for the Case Management

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Conference to January 7, 2013;

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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WHEREAS, the parties jointly filed a Stipulated Request for Order Enlarging Time
Pursuant to Civil L.R. 6-2 on August 5, 2013 (D.I. 37);
WHEREAS, the Court granted the parties’ Stipulated Request for Order Enlarging Time
Pursuant to Civil L.R. 6-2 on August 6, 2013 (D.I. 38), and applied the following dates:

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Event

Dates

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Motion to Define Scope

October 31, 2013

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Opposition to Motion to Define Scope

November 14, 2013

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Reply to Motion to Define Scope

November 21, 2013

Hearing for Motion to Define Scope

December 11, 2013

Case Management Conference

January 7, 2014

Mediation Completion (ADR L.R. 6-3)

February 28, 2014

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WHEREAS, Counsel further agreed that all discovery should be stayed until ordered by
the Court after the next Case Management Conference;
WHEREAS, on October 1, 2013, Asterias Biotherapeutics, Inc. (“Asterias”) was
substituted in as Plaintiff in place of Geron pursuant to Fed. R. Civ. P. 25(c) (D.I. 40);
WHEREAS, on October 31, 2013, ViaCyte filed its Motion to Define Scope of Case and
Discovery (D.I. 48);
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STIPULATED REQUEST FOR ORDER ENLARGING TIME
Case No. 12-4813 WHO
2414.000/785685.1

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WHEREAS, on November 14, 2013, Asterias filed its Opposition to Motion to Define
Scope of Case and Discovery (D.I. 49);
WHEREAS, on November 21, 2013, ViaCyte filed its Reply to the Asterias Opposition to
Motion to Define Scope of Case and Discovery (D.I. 50);
WHEREAS, on November 26, 2013, Counsel for Plaintiff Asterias and Defendant ViaCyte

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conferred and agreed to hold the mediation in this matter on Tuesday, February 25, 2014, so that

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they could have the benefit of receiving this Court’s Order on the Motion to Define Scope of Case

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and Discovery in advance of the mediation. The parties proposed to reset the date for the Case

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Management Conference for after the mediation — to Tuesday, March 18, 2014 — in order to

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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better inform the Court of the status of the case.
WHEREAS, on December 5, 2013, Counsel for Plaintiff Asterias and Defendant ViaCyte

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jointly filed a Stipulated Request for Order Enlarging Time Pursuant to Civil L.R. 6-2 (D.I. 51);

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WHEREAS, the Court granted the parties’ Stipulated Request for Order Enlarging Time

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Pursuant to Civil L.R. 6-2 on December 6, 2013 (D.I. 52), and applied the following dates:

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Event

Dates

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Hearing for Motion to Define Scope

December 11, 2013

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Mediation Completion (ADR L.R. 6-3)

February 28, 2014

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Case Management Conference

March 18, 2014

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WHEREAS, the principals for Plaintiff Asterias and Defendant ViaCyte are currently
engaged in ongoing potential settlement discussions. The principals met in person on February
11, 2014 to discuss potential resolution, and are continuing to meet in good faith. Consequently,
the parties are proposing to reset the dates for completion of mediation pursuant to ADR L.R. 6-3
and the Case Management Conference so that the parties may have an opportunity to more fully
explore the ongoing efforts to resolve the case before mediation and for the Case Management
Conference to be held after the mediation in order to better inform the Court of the status of the
case. Pending this Court’s agreement to a short postponement, counsel for the parties have agreed
to hold the mediation in this matter on Monday, April 21, 2014.
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STIPULATED REQUEST FOR ORDER ENLARGING TIME
Case No. 12-4813 WHO
2414.000/785685.1

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Accordingly, the parties respectfully request that the following dates apply:

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Event

Dates

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Case Management Conference

April 22, 2014

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Mediation Completion (ADR L.R. 6-3)

April 30, 2014

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NOW THEREFORE, IT IS STIPULATED AND AGREED that the date for the Case
Management Conference be reset to April 22, 2014. The following dates would therefore apply:

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Event

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Dates

One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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Case Management Conference

April 22, 2014

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Mediation Completion (ADR L.R. 6-3)

April 30, 2014

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SO STIPULATED this 13th day of February 2014.

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KAYE SCHOLER LLP

BARTKO, ZANKEL, BUNZEL & MILLER
ROTHWELL, FIGG, ERNST & MANBECK PC

By:

By:

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/s/ Michael J. Malecek
Michael J. Malecek

Attorneys for Plaintiff
ASTERIAS BIOTHERAPEUTICS, INC.

/s/ Jayne Laiprasert
Jayne Laiprasert

Attorneys for Defendant
VIACYTE, INC.

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STIPULATED REQUEST FOR ORDER ENLARGING TIME
Case No. 12-4813 WHO
2414.000/785685.1

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SIGNATURE ATTESTATION
Pursuant to General Order 45.X(b), I hereby attest that concurrence has been obtained

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from Michael J. Malecek indicated by a “conformed” signature (/s/) within this e-filed

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document.

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/s/ Jayne Laiprasert
Jayne Laiprasert

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February 14, 2014
The Hon. William H. Orrick
Judge of the United States District Court

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STIPULATED REQUEST FOR ORDER ENLARGING TIME
Case No. 12-4813 WHO
2414.000/785685.1