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

Filing 199

ORDER Requesting that Parties Provide Lodato Reference to Court by 10 a.m. May 6, 2011. Signed by Judge Lucy H. Koh on 5/5/2011. (lhklc2, COURT STAFF) (Filed on 5/5/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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GENENTECH, INC.,
Plaintiff,
v.
THE TRUSTEES OF THE UNIVERSITY OF
PENNSYLVANIA, a Pennsylvania non-profit
corporation,

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Defendant.

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Case No.: 10-CV-02037-LHK

ORDER REQUESTING REFERENCE

At the claim construction hearing on April 4, 2011, both parties referred to the Lodato

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reference (Lodato, R.F., et al., Immunohistochemical Evaluation of c-er B-2 Oncogene Expression

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in Ductal Carcinoma in Situ and Atypical Ductal Hyperplasia of the Breast,” 3(4) Modern

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Pathology 449 (1990). This reference is cited on the face of U.S. Patent No. 6,733,752. The Court

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has been unable to locate a copy of this reference in the claim construction materials submitted.

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The Court requests that the parties indicate where this reference may be found in the record before

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the Court, or submit a copy of the reference, by no later than 10 a.m. tomorrow, May 6, 2011. A

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response by either party will suffice.

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IT IS SO ORDERED.

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Dated: May 5, 2011

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LUCY H. KOH
United States District Judge

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Case No.: 10-CV-02037-LHK
ORDER REQUESTING REFERENCE