UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
May 5, 2011
THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, A PENNSYLVANIA NON-PROFIT CORPORATION,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
United States District Court For the Northern District of California
ORDER REQUESTING REFERENCE
At the claim construction hearing on April 4, 2011, both parties referred to the Lodato 18 reference (Lodato, R.F., et al., Immunohistochemical Evaluation of c-er B-2 Oncogene Expression 19 in Ductal Carcinoma in Situ and Atypical Ductal Hyperplasia of the Breast," 3(4) Modern Pathology 449 (1990). This reference is cited on the face of U.S. Patent No. 6,733,752. The Court 21 has been unable to locate a copy of this reference in the claim construction materials submitted.
The Court requests that the parties indicate where this reference may be found in the record before 23 the Court, or submit a copy of the reference, by no later than 10 a.m. tomorrow, May 6, 2011. A 24 response by either party will suffice. 25
IT IS SO ORDERED.
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