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Genentech, Inc v. Technical Experts During

UNITED STATES DISTRICT COURT22 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 8, 2010

GENENTECH, INC.,
JOINT STIP. RE TECHNICAL EXPERTS PLAINTIFF,
v.
TECHNICAL EXPERTS DURING CLAIM CONSTRUCTION THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, A PENNSYLVANIA NON-PROFIT CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lucy H. Koh

Hearing Date: December 8, 2010 Time: 2:00 p.m.

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING JOINT STIP. RE TECHNICAL EXPERTS

WHEREAS defendant the Trustees of the University of Pennsylvania ("the University") and plaintiff Genentech, Inc. ("Genentech") have met and conferred regarding the use of technical expert testimony in connection with claim construction in this matter;

THE PARTIES THEREFORE AGREE as follows: 1. The parties will meet and confer by Tuesday, December 14, 2010, to further explain the technical expert subjects to be addressed by each party.

2. The parties will simultaneously exchange technical expert declarations on January 7, 2011.

3. The depositions of the technical experts will be conducted thereafter and will be concluded by February 4, 2010.

4. The parties jointly request that the Court reset the filing date for the Joint Claim Construction and Prehearing Statement, currently December 21, 2010, to January 7, 13 2011. 5. The parties will not call technical experts at the Markman hearing to give live testimony, unless the Court so requests. 6. The remaining dates set by the Court in the initial case management order or in subsequent orders should remain unchanged.

Respectfully submitted,

SIDLEY AUSTIN LLP By M. PATRICIA THAYER Attorneys for Plaintiff GENENTECH, INC. Dated: December 8, 2010 IRELL & MANELLA LLP By: GARY N. FRISCHILING*fn1 Attorneys for Defendants

THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA.

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that:

1. The filing date for the Joint Claim Construction and Prehearing Statement, currently set for December 21, 2010, is reset for January 7, 2011.

SO ORDERED.

Dated: , 2010December 10

LUCY H. KOH United States District Judge


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