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

Filing 373

STIPULATION AND ORDER re 359 Stipulation, filed by Trustees of the University of Pennsylvania. Signed by Judge Paul S. Grewal on 10/21/2011. (psglc2, COURT STAFF) (Filed on 10/21/2011)

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M. PATRICIA THAYER (SBN 90818)
[e-mail]
SIDLEY & AUSTIN LLP
555 California Street
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
SANDRA S. FUJIYAMA (SBN 198125)
[e-mail]
SAMUEL N. TIU (SBN 216291)
[e-mail]
TASHICA T. WILLIAMS (SBN 265449)
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013
Telephone: [phone]
Facsimile: [phone]
ROBERT A. VAN NEST (SBN 84065)
[e-mail]
ASHOK RAMANI (SBN 200020)
[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]
Attorneys for Plaintiff GENENTECH, INC.

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SANDRA HABERNY (SBN 260977)
[e-mail]
IRELL & MANELLA LLP
840 Newport Center Drive
Suite 400
Newport Beach, CA 92660-6324
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant THE TRUSTEES
OF THE UNIVERSITY OF
PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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JASON SHEASBY (SBN 205455)
[e-mail]
GARY FRISCHLING (SBN 130583)
[e-mail]
C. MACLAIN WELLS (Bar No. 221609)
[e-mail]
IRELL & MANELLA LLP
1800 Avenue of the Stars, Suite 900
Los Angeles, CA 90067-4276
Telephone: [phone]
Facsimile: [phone]

GENENTECH, INC.,
Plaintiff
v.
THE TRUSTEES OF THE UNIVERSITY OF
PENNSYLVANIA,
Defendant and Counterclaimant

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Case No. 5:10-cv-02037-LHK (PSG)
STIPULATED AGREEMENT
RESOLVING GENENTECH'S OCTOBER
11, 2011, MOTION TO COMPEL
REDWELD NOTATION
Judge: Hon. Paul S. Grewal

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STIPULATED AGREEMENT RESOLVING

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GENENTECH MOTION OF OCTOBER 11, 2011

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WHEREAS, the Trustees of the University of Pennsylvania previously produced for

4 Genentech, Inc.'s inspection a Redweld folder on the outside of which Genentech observed a
5 handwritten inscription now known to have been written by Dr. Makoto Katsumata; and
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WHEREAS, the University subsequently asserted the attorney-client privilege and/or work

7 product protection (collectively "privilege" below) over this inscription and requested that
8 Genentech not refer to, cite, or quote this inscription, and delete reference of it from its work
9 product and inspection notes; and
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WHEREAS, Genentech contested this assertion of privilege and contended that a waiver of

11 privilege (if applicable) had occurred; and
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WHEREAS, on October 11, 2011, Genentech lodged under seal a Letter Brief Motion to

13 Compel with the Court requesting that the Court order the University to produce the Redweld at
14 issue; and
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WHEREAS, the Parties have further conferred regarding this dispute and Genentech's

16 motion; and
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THE PARTIES NOW THEREFORE AGREE:

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To the extent there was a waiver of any privilege, the Parties agree that the waiver

19 is limited to the statement itself as inscribed by Dr. Katsumata on the outside of the Redweld
20 folder that contained the materials later produced and used as Exhibit 6 at Dr. Katsumata's
21 deposition.
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The University will no longer assert privilege over that inscription;

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The University will produce for inspection the Redweld folder (including its

24 contents), and will permit copying of the inscription;
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The parties consider this dispute to be resolved and request the Court dismiss

26 Genentech's pending October 11, 2011, Letter Brief Motion to Compel as moot. No further relief
27 of any kind should be granted as to this motion. This stipulation is not intended to affect any other
28 pending motion.

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SO STIPULATED:

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4 Dated: October 14, 2011

Respectfully submitted,

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KEKER & VAN NEST LLP

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By: ___/s/ Ashok Ramani____

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Ashok Ramani (#200020)
Attorneys for Plaintiff and CounterclaimDefendant GENENTECH, INC.

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Dated: October 14, 2011

Respectfully submitted,
IRELL & MANELLA LLP

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By: ___/s/ Raymond LaMagna___________

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Raymond LaMagna (#244821)
Attorneys for Defendant and Counterclaimant
THE TRUSTEES OF THE UNIVERSITY OF
PENNSYLVANIA

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PURSUANT TO STIPULATION, IT IS HEREBY BY ORDERED that:

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With respect to the subject matter of Genentech's October 11, 2011, Letter Brief

3 Motion to Compel, to the extent there was a waiver of any privilege, it will be deemed stipulated
4 that the waiver is limited to the statement itself as inscribed by Dr. Katsumata on the outside of the
5 Redweld folder that contained the materials later produced and used as Exhibit 6 at
6 Dr. Katsumata's deposition;
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The University may no longer assert privilege over that inscription;

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The University must produce for inspection the Redweld folder (including its

9 contents), and permit copying of the inscription;
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It will be deemed stipulated that the inscription was written by Dr. Katsumata to

11 litigation counsel in this case and the materials contained in the folder were collected by
12 Dr. Katsumata to provide to litigation counsel during the pendency of this case.
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Given the parties' agreement, Genentech's Letter Brief Motion to Compel is

14 otherwise dismissed as moot.
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16 IT IS SO ORDERED
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18 Dated: _October 21, 2011
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By:

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Honorable Paul S. Grewal
United States Magistrate Judge

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