TRUSTEE'S OF THE UNIVERSITY OF PENNSYLVANIA v. ST. JUDE CHILDREN'S RESEARCH HOSPITAL

Filing 21

MEMORANDUM AND ORDER THAT THE CLERK OF COURT SHALL CONSOLIDATE C.A. NO. 12-4122 AND C.A. NO. 13-1502 AS C.A. NO. 13-1502; ALL PAPERS FILED IN C.A. 12-4122 ARE TO BE PLACED IN THE FILE FOR C.A. 13-1502 AND THE CLERK SHALL CLOSED C.A. 12-4122 STATISTIC ALLY; ST. JUDE'S MOTION FOR PARTIAL SUMMARY JUDGMENT (C.A.12-4122. DOC. NO.28)IS DENIED; ST. JUDE'S MOTION FOR LEAVE TO FILE A REPLY (C.A. 12-4122 DOC. NO.35) IS GRANTED; ST. JUDE'S MOTION TO DISMISS (C.A. 13-1502 DOC. NO.12) IS DENIED AS MOOT; PENN'S MOTION TO DISMISS ST. JUDE'S COUNTERCLAIM OF WILLFUL INFRINGEMENT (C.A. 13-1502 DOC. NO.18) IS GRANTED IN PART AND DENIED IN PART. THE PARTIES SHALL COMPLETE DISCOVERY BY 1/24/2014., ANY MOTION IN LIMINE DUE BY 1/28/2014., TRIAL DATE SET FOR 2/10/2014 AT 09:30 AM IN COURTROOM 15-B BEFORE HONORABLE STEWART DALZELL, ETC. SIGNED BY HONORABLE STEWART DALZELL ON 11/13/2013. 11/14/2013 ENTERED AND COPIES MAILED, E-MAILED.(kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRUSTEES OF THE UNIVERSITY
OF PENNSYLVANIA

:
CIVIL ACTION
:
:
v.
:
:
ST. JUDE CHILDREN’S RESEARCH
:
NO. 12-4122
HOSPITAL
:
________________________________________________________________
TRUSTEES OF THE UNIVERSITY
OF PENNSYLVANIA
v.
ST. JUDE CHILDREN’S RESEARCH
HOSPITAL

:
:
:
:
:
:
:

CIVIL ACTION

NO. 13-1502

ORDER
AND NOW, this 13th day of November, 2013, upon
consideration of defendant St. Jude Children’s Research
Hospital’s (“St. Jude”) response to our Order to Show Cause, its
motion to for partial summary judgment and alternative motion
for a separate trial (C.A. No. 12-4122, docket entry # 28), the
response in opposition thereto filed by plaintiff Trustees of
the University of Pennsylvania (“Penn”), St. Jude’s motion for
leave to file a reply in support of that motion (C.A. No. 124122, docket entry # 35), Penn’s opposition in response thereto,
Penn’s original complaint in C.A. No. 13-1502, St. Jude’s motion
to dismiss that complaint (C.A. No. 13-1502, docket entry # 12),
Penn’s amended complaint, St. Jude’s answer and counterclaims,

Penn’s partial motion to dismiss (C.A. No. 13-1502, docket entry
# 18), and St. Jude’s response in opposition thereto, and for
the reasons discussed in the accompanying Memorandum, it is
hereby ORDERED that:
1.

The Clerk of Court shall CONSOLIDATE C.A. No. 12-

4122 and C.A. No. 13-1502 as C.A. No. 13-1502;
2.

All papers filed in C.A. No. 12-4122 are to be

placed in the file for C.A. No. 13-1502 and the Clerk shall
CLOSE C.A. No. 12-4122 statistically;
3.

St. Jude’s motion for partial summary judgment and

alternative motion for a separate trial (C.A. No. 12-4122,
docket entry # 28) is DENIED;
4.

St. Jude’s motion for leave to file a reply in

support of its motion for summary judgment or a new trial (C.A.
No. 12-4122, docket entry # 35) is GRANTED;
5.

St. Jude’s motion to dismiss (C.A. No. 13-1502,

docket entry # 12) is DENIED AS MOOT;
6.

Penn’s motion to dismiss St. Jude’s counterclaim of

willful infringement (C.A. No. 13-1502, docket entry # 18) is
GRANTED IN PART and DENIED IN PART, as follows:
a.

With respect to the period beginning on June

27, 2013 the motion is GRANTED; and

2

b.

With respect to the period from March 19,

2013 through June 26, 2013 the motion is DENIED;
7.

The parties shall COMPLETE discovery by January 24,

8.

Trial in this matter, not to exceed four days of

2014 1;

evidence per side, shall COMMENCE on Monday, February 10, 2014,
at 9:30 a.m. in Courtroom 15-B;
9.

Any motions in limine shall be FILED in conformance

with the Court’s Standing Order (attached) by noon on January
28, 2014, with any motion responses due by noon on January 31,
2014;
10.

The parties shall SUBMIT a stipulation of facts,

as comprehensive and detailed as possible, by noon on January
28, 2014; and
11.

Proposed jury instructions and proposed jury

verdict forms shall be FILED by January 31, 2014.

BY THE COURT:
/s/ Stewart Dalzell, J.

1

We trust given the parties' high level of sophistication that
there will be no Daubert issues to resolve before trial. If our
trust proves to be misplaced, we may have to revisit the trial
date set herein.
3