Genentech, Inc. v. Trustees of the University of Pennsylvania

Filing 121

ORDER Approving Party Stipulation. Signed by Judge Lucy H. Koh on 2/25/2011. (lhklc2, COURT STAFF) (Filed on 2/25/2011)

Genentech, Inc. v. Trustees of the University of Pennsylvania

Doc. 121

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M. PATRICIA THAYER (SBN 90818) [e-mail] AARON R. BLEHARSKI (SBN 240703) [e-mail] SIDLEY AUSTIN LLP 555 California Street San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] SANDRA S. FUJIYAMA (SBN 198125) [e-mail] SAMUEL N. TIU (SBN 216291) [e-mail] TASHICA T. WILLIAMS (SBN 256449) [e-mail] SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GENENTECH, INC.

ROBERT A. VAN NEST (SBN 84065) [e-mail] ASHOK RAMANI (SBN 200020) [e-mail] NIKKI K. VO (SBN 239543) [e-mail] SARAH B. FAULKNER (SBN 263857) [e-mail] KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GENENTECH, INC., Plaintiff, vs. THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, a Pennsylvania non-profit corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: 5:10-CV-2037-LHK (PSG)

SIXTH JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND THE DEADLINE FOR GENENTECH TO FILE OBJECTIONS TO THE COURT'S NOVEMBER 22 ORDER Hearing Date: TBD Time: TBD Judge: Hon. Lucy H. Koh

SIXTH JOINT STIP. RE DEADLINE TO OBJECT TO THE COURT'S NOV. 22 ORDER CASE NO. 5:10-CV-2037-LHK (PSG)

Dockets.Justia.com

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WHEREAS on February 1, 2011, plaintiff Genentech, Inc. ("Genentech") and defendant the Trustees of the University of Pennsylvania ("the University") filed a Fifth Joint Stipulation and Proposed Order to Extend the Deadline for Genentech to File Objections to the Court's November 22 Order (Dkt. No. 86) to February 15, 2011; and WHEREAS the parties wanted the deadline extension to discuss whether there is a way to limit Genentech's production of regulatory materials, other than the BLA Submissions (as that term is used in the Court's November 22 Order), to avoid the production of irrelevant materials; and WHEREAS, the parties are continuing to address the proper scope for production of the regulatory materials and believe that an additional extension would benefit their discussion; and WHEREAS, the parties are continuing to arrange an appropriate manner in which to proceed with the production; and WHEREAS, if the parties are unable to reach agreement, Genentech may wish to file objections to the Court's Order; THE PARTIES THEREFORE AGREE as follows: 1. The deadline for Genentech to object with respect to the following sentence in the Court's November 22, 2010 Order, now set for February 15, 2011, is extended to March 1, 2011: In addition, to the extent there is responsive electronic data other than the BLA Submissions in Defendant's possession, custody or control that is responsive to Document Request No. 36, Plaintiff shall either produce the unredacted data to Defendant by November 30, 2010, or else file a declaration by that date showing why it cannot do so and setting forth the earliest possible date that it will be able to do so. 2. No other provision of the Court's November 22, 2010 Order is changed.

SIXTH JOINT STIP. RE DEADLINE TO OBJECT TO THE COURT'S NOV. 22 ORDER CASE NO. 5:10-CV-2037-LHK (PSG)

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SO STIPULATED: Respectfully submitted,

Dated: February 15, 2011

SIDLEY AUSTIN LLP

By:

/s/ M. PATRICIA THAYER

Attorneys for Plaintiff GENENTECH, INC. Dated: February 15, 2011 IRELL & MANELLA LLP

By:

/s/ GARY N. FRISCHLING 1

Attorneys for Defendants THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA

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Pursuant to General Order 45(X), the filer of this document hereby attests that concurrence in the filing of the document has been obtained from Gary N. Frischling.

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SIXTH JOINT STIP. RE DEADLINE TO OBJECT TO THE COURT'S NOV. 22 ORDER CASE NO. 5:10-CV-2037-LHK (PSG)

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: 1. The deadline for Genentech to object with respect to the following sentence in the Court's November 22, 2010 Order, now set for February 15, 2011, is extended to March 1, 2011: In addition, to the extent there is responsive electronic data other than the BLA Submissions in Defendant's possession, custody or control that is responsive to Document Request No. 36, Plaintiff shall either produce the unredacted data to Defendant by November 30, 2010, or else file a declaration by that date showing why it cannot do so and setting forth the earliest possible date that it will be able to do so. 2. No other provision of the Court's November 22, 2010 Order is changed.

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[PROPOSED] ORDER RE JOINT STIPULATION CASE NO. 5:10-CV-2037-LHK (PSG)

SO ORDERED.

February 25 Dated: _______________, 2011 LUCY H. KOH United States District Judge