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Genentech, Inc v. the Trustees of the University of ) (B

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 15, 2010

GENENTECH, INC.,
PLAINTIFF,
v.
THE TRUSTEES OF THE UNIVERSITY OF ) (B)
PENNSYLVANIA, A PENNSYLVANIA NON-PROFIT
CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Magistrate Paul S. Grewal

Hearing Date: TBD

Time: TBD

SECOND JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND THE DEADLINES FOR (A) COMPLIANCE WITH A PORTION (B) TO MOVE TO RECONSIDER THE COURT'S ORDER

WHEREAS on December 6, 2010, plaintiff Genentech, Inc. ("Genentech") and defendant the Trustees of the University of Pennsylvania ("the University") filed a Joint Stipulation and Proposed Order to Extend the Deadline for Compliance with A Portion of the Court's November 22 Order (Dkt. No. 45) from December 7, 2010 to December 14, 2010; and

WHEREAS the parties had 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 still addressing the proper scope for production of the regulatory materials and believe that an additional extension would benefit their discussion; and

WHEREAS, given the upcoming 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 14, 2010, is extended an additional two weeks to December 28, 2010:

"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 14, 2010, is extended an additional two weeks to December 28,

2010.

3. No other provision of the Court's November 22, 2010 Order is changed.

SO STIPULATED:

Respectfully submitted,

Dated: December 14, 2010 SIDLEY AUSTIN LLP

By: /s/M. PATRICIA THAYER

Attorneys for Plaintiff GENENTECH, INC.

Dated: December 14, 2010 IRELL & MANELLA LLP

By: /s/GARY N. FRISCHILING*fn1

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 14, 2010, is extended an additional two weeks to December 28, 2010:

"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 14, 2010, is extended an additional two weeks to December 28, 2010.

3. No other provision of the Court's November 22, 2010 Order is changed.

SO ORDERED.

Dated: 2010

PAUL. S GREWAL United States Magistrate Judge

[PROPOSED] ORDER RE JOINT STIPULATION


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