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

Filing 72

STIPULATION AND ORDER re 70 Stipulation, filed by Genentech, Inc. Signed by Judge Paul S. Grewal on December 29, 2010. (psglc2, COURT STAFF) (Filed on 12/29/2010)

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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] SARA 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)

THIRD JOINT STIPULATION AND ORDER TO EXTEND THE DEADLINES FOR (A) COMPLIANCE WITH A PORTION OF THE COURT'S NOVEMBER 22 ORDER AND (B) TO MOVE TO RECONSIDER THE COURT'S ORDER Hearing Date: TBD Time: TBD Judge: Hon. Magistrate Paul S. Grewal

THIRD JOINT STIP. RE COURT'S NOV. 22 ORDER ­ CASE NO. 5:10-CV-2037-LHK (PSG)

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WHEREAS on December 14, 2010, plaintiff Genentech, Inc. ("Genentech") and defendant the Trustees of the University of Pennsylvania ("the University") filed a Second Joint Stipulation and Proposed Order to Extend the Deadline for Compliance with A Portion of the Court's November 22 Order (Dkt. No. 66) from December 14, 2010 to December 28, 2010; 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, given the holidays, the parties expect that it may require additional time to work out a compromise; and WHEREAS, if the parties are unable to reach agreement, Genentech reserves the right to move for reconsideration of the Court's Order; THE PARTIES THEREFORE AGREE as follows: 1. The deadline for Genentech to comply with the following sentence in the Court's November 22, 2010 Order, now set for December 28, 2010, is extended an additional two weeks to January 11, 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. The deadline for Genentech to file a Motion for Reconsideration of the Court's Order, now set for December 28, 2010, is extended an additional two weeks to January 11, 2011. 3. No other provision of the Court's November 22, 2010 Order is changed.

THIRD JOINT STIP. RE COURT'S NOV. 22 ORDER ­ CASE NO. 5:10-CV-2037-LHK (PSG)

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SO STIPULATED: Respectfully submitted, Dated: December 28, 2010 SIDLEY AUSTIN LLP

By:

/ s/ SANDRA S. FUJIYAMA

Attorneys for Plaintiff GENENTECH, INC. Dated: December 28, 2010 IRELL & MANELLA LLP

By:

/ s/ GARY N. FRISCHILING1

Attorneys for Defendants THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA.

1

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.

2
THIRD JOINT STIP. RE 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 comply with the following sentence in the Court's November 22, 2010 Order, now set for December 28, 2010, is extended an additional two weeks to January 11, 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. The deadline for Genentech to file a Motion for Reconsideration of the Court's Order, now set for December 28, 2010, is extended an additional two weeks to January 11, 2011. 3. No other provision of the Court's November 22, 2010 Order is changed.

SO ORDERED.

Dated: December 29, 2010

PAUL. S GREWAL United States Magistrate Judge

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