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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 14, 2010

GENENTECH, INC.,
PLAINTIFF,
v.
THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA,
A PENNSYLVANIA NON-PROFIT HEARING
DEFENDANT.

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

Date: December 8, 2010 5 corporation, Time: 2:00 p.m.

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING TECHNICAL EXPERTS DURING CLAIM CONSTRUCTION

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, 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.

SO STIPULATED: 2

Respectfully submitted,

Dated: December 8, 2010

SIDLEY AUSTIN LLP

By: M. PATRICIA THAYER Attorneys for Plaintiff GENENTECH, INC. Dated: December 8, 2010 IRELL & MANELLA LLP By: /s/ 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: _______________, 2010

LUCY H. KOH United States District Judge


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