Phigenix, Inc. v. Genentech, Inc.

Filing 126

ORDER GRANTING 85 MOTION TO STRIKE DEFENDANT'S SIXTH AFFIRMATIVE DEFENSE, WITH LEAVE TO AMEND. Signed by Judge Beth Labson Freeman on 7/2/2015. (blflc3, COURT STAF) (Filed on 7/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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PHIGENIX, INC.,

Case No. 15-cv-01238-BLF

Plaintiff,
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v.
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GENENTECH INC,
Defendant.

[Re: ECF 85]

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United States District Court
Northern District of California

ORDER GRANTING MOTION TO
STRIKE DEFENDANT'S SIXTH
AFFIRMATIVE DEFENSE, WITH
LEAVE TO AMEND

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Plaintiff moves to strike Defendant’s sixth affirmative defense for inequitable conduct,
which Defendant opposes. The parties appeared for oral argument on the motion on July 2, 2015.
For the reasons stated on the record, the Court GRANTS Plaintiff’s motion to strike,

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with leave to amend. The Court finds that Defendant has failed to allege sufficient facts under the

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heightened pleading requirements of Federal Rule of Civil Procedure 9(b) to show egregious

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misconduct. The Court further GRANTS Defendant leave to amend its materiality and intent

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allegations in the sixth affirmative defense. Defendant is not permitted, absent further leave of

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Court, to allege any additional affirmative defenses.

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At the hearing on the motion, Defendant requested a deadline for amendment of July 13,

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2015. The Court HEREBY ADOPTS this deadline. Any amended answer must therefore be filed

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no later than July 13, 2015.

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IT IS SO ORDERED.
Dated: July 2, 2015
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BETH LABSON FREEMAN
United States District Judge