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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 GENENTECH, INC., Plaintiff, v. THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, a Pennsylvania non-profit corporation, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-02037-LHK ORDER REQUESTING REFERENCE At the claim construction hearing on April 4, 2011, both parties referred to the Lodato 18 reference (Lodato, R.F., et al., Immunohistochemical Evaluation of c-er B-2 Oncogene Expression 19 in Ductal Carcinoma in Situ and Atypical Ductal Hyperplasia of the Breast,” 3(4) Modern 20 Pathology 449 (1990). This reference is cited on the face of U.S. Patent No. 6,733,752. The Court 21 has been unable to locate a copy of this reference in the claim construction materials submitted. 22 The Court requests that the parties indicate where this reference may be found in the record before 23 the Court, or submit a copy of the reference, by no later than 10 a.m. tomorrow, May 6, 2011. A 24 response by either party will suffice. 25 IT IS SO ORDERED. 26 Dated: May 5, 2011 _________________________________ LUCY H. KOH United States District Judge 27 28 1 Case No.: 10-CV-02037-LHK ORDER REQUESTING REFERENCE

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