Regents of Univ CA v. Genentech, Inc.

3:97-cv-02563

Overview

Case Number 3:97-cv-02563

Filing Date 1997-07-10

Status Terminated

Termination Date 1998-03-06

Court District Court, N.D. California (cand)

Presiding Judge Charles A. Legge

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Miscellaneous

Lyon & Lyon LLP

Represented By

2 Attorneys Listed

Lynn Yogodzinski McKernan

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (650) 614-7400

1000 Marsh Road, Menlo Park, CA 94025

Bruce G. Chapman

Sheppard Mullin Richter & Hampton LLP

Tel: +1 (213) 620-1780

Fax: +1 (213) 620-1398

Bank of America Building, 333 South Hope St., 43rd Floor

Defendant

Genentech, Inc.

Represented By

5 Attorneys Listed

Jon Steven Tigar

Keker & Van Nest, LLP

Tel: +1 (415) 391-5400

710 Sansome Street, San Francisco, CA 94111

Will Barnett Fitton

The Bernstein Law Group, P.C.

Tel: +1 (415) 765-6633

Fax: +1 (415) 283-4804

555 Montgomery Street, Suite 1650

Maurice N. Ross

Clifford Chance Rogers & Wells LLP

Tel: +1 (212) 878-8000

200 Park Avenue, New York, NY 10166

Joseph Ferraro

Clifford Chance Rogers & Wells LLP

Tel: +1 (212) 878-8000

200 Park Avenue, New York, NY 10166

John E. Kidd

Clifford Chance Rogers & Wells LLP

Tel: +1 (212) 878-8000

200 Park Avenue, New York, NY 10166

Plaintiff

Regents of the University of California

Represented By

6 Attorneys Listed

P. Martin Simpson , Jr.

University of California

Tel: +1 (510) 987-9800

University of California, 1111 Franklin St 8th Flr

John R. Moore

Howrey Simon Arnold & White, LLP

Tel: +1 (650) 463-8100

301 Ravenswood Avenue, Menlo Park, CA 94025-3741

John Frederick Lundberg

University of California

Tel: +1 (510) 987-9800

Fax: +1 (510) 987-9757

University of California, 1111 Franklin St., 8th Floor

James E. Holst

University of California

Tel: +1 (510) 987-9800

University of California, 1111 Franklin St 8th Flr

Gerald P. Dodson

Carr & Ferrell LLP

Tel: +1 (650) 812-3400

Fax: +1 (650) 812-3444

120 Constitution Drive, Menlo Park, CA 94025

Emily A. Evans

290 Gloria Circle

Tel: +1 (650) 327-4086

290 Gloria Circle, Menlo Park, CA 94025

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Charles A. Legge

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US4363877	Espacenet Google Patents

Docket Entries

Docket Modification (Administrative) to Case reassigned to Judge Charles A. Legge [3:97-cv-02563] (tn, COURT STAFF)

1987-07-24

No Actions

COMPLAINT FOR PATENT INFRINGEMENT Summons(es) issued; Fee status pd entered on 7/10/97 in the amount of $ 150.00 ( Receipt No. 43179); jury demand [3:97-cv-02563] (cgd, COURT STAFF) (Entered: 07/16/1997)

1997-07-10

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ORDER RE COURT PROCEDURE and SCHEDULE by Judge Susan Illston : counsels' case management statement to be filed by 11/4/97 ; initial case management conference will be held at 2:00p.m. on 11/14/97 . (cc: all counsel) (cgd, COURT STAFF) (Entered: 07/16/1997)

1997-07-10

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NOTICE by Plaintiff of related case(s) C90-2232 CAL [3:97-cv-02563] (cgd, COURT STAFF) (Entered: 07/16/1997)

1997-07-14

View

Regents of Univ CA v. Genentech, Inc.

Overview

Parties

Miscellaneous

Lyon & Lyon LLP Follow

Represented By

Defendant

Genentech, Inc. Follow

Represented By

Plaintiff

Regents of the University of California Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Docket Modification (Administrative) to Case reassigned to Judge Charles A. Legge [3:97-cv-02563] (tn, COURT STAFF)

COMPLAINT FOR PATENT INFRINGEMENT Summons(es) issued; Fee status pd entered on 7/10/97 in the amount of $ 150.00 ( Receipt No. 43179); jury demand [3:97-cv-02563] (cgd, COURT STAFF) (Entered: 07/16/1997)

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Susan Illston : counsels' case management statement to be filed by 11/4/97 ; initial case management conference will be held at 2:00p.m. on 11/14/97 . (cc: all counsel) (cgd, COURT STAFF) (Entered: 07/16/1997)

NOTICE by Plaintiff of related case(s) C90-2232 CAL [3:97-cv-02563] (cgd, COURT STAFF) (Entered: 07/16/1997)

ORDER by Judge Charles A. Legge granting related case notice [3-1] relating case with member case C-90-2232 CAL ( Date Entered: 7/25/97) (cc: all counsel) [3:97-cv-02563] (mcl, COURT STAFF) (Entered: 07/25/1997)

RETURN OF SERVICE executed upon defendant Genentech, Inc. by personally serving Carey Park on 7/11/97 [3:97-cv-02563] (tn, COURT STAFF) (Entered: 08/01/1997)

ORDER by Judge Susan Illston recusing herself from the case ( Date Entered: 8/7/97) (cc: all counsel) [3:97-cv-02563] (mcl, COURT STAFF) (Entered: 08/07/1997)

STIPULATION and ORDER by Judge Charles A. Legge that defendant has through and including 8/20/97 in which to respond to the complaint (cc: all counsel) [3:97-cv-02563] (tn, COURT STAFF) (Entered: 08/06/1997)

ANSWER to complaint [1-1] and COUNTERCLAIM; jury demand by defendant Genentech, Inc. [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/15/1997)

RECEIVED [Proposed] Stipulation and Order extending time to respond to defendant's counterclaims (Plaintiffs) [3:97-cv-02563] (tn, COURT STAFF)

PROOF OF SERVICE by defendant of answer and counterclaims [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/10/1997)

STIPULATION and ORDER by Judge Charles A. Legge that plaintiff has through and including 9/29/97 in which to respond to the counterclaims filed by defendant Genentech, Inc. in the reference action (cc: all counsel) [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/10/1997)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES by Plaintiff to strike paragraphs 11, 14 and J from defendant's answer and counterclaim [13-1] & [13-2] with Notice set for 9:30 a.m. on 10/31/97 [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/15/1997)

APPLICATION for admission pro hac vice by defendant Genentech, Inc. in 3:97-cv-02563 [3:97-cv-02563] (mcl, COURT STAFF) (Entered: 09/12/1997)

AFFIDAVIT of Joseph Ferraro regarding application [10-1] [3:97-cv-02563] (mcl, COURT STAFF) (Entered: 09/12/1997)

AFFIDAVIT of Maurice Ross regarding application [10-1] [3:97-cv-02563] (mcl, COURT STAFF) (Entered: 09/12/1997)

RECEIVED Proposed Order ( defendant Genentech, Inc. in 3:97-cv-02563) re: application [10-1] [3:97-cv-02563] (mcl, COURT STAFF)

ORDER by Judge Charles A. Legge granting application of Joseph Ferraro and Maurice Ross to appear pro hac vice (cc: all counsel) [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/18/1997)

DECLARATION of Daniel T. Shvodioan on behalf of Plaintiff in support of its motion for sanctions pursuant to Federal Rule of Civil Procedure 11 based on defendant's assertion of its breach of contract counterclaim [16-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/30/1997)

MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES by Plaintiff for summary judgment on defendant's third-party beneficiary counterclaim with Notice set for 9:30 a.m. on 11/14/97 [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/30/1997)

DECLARATION of Emily A. Evans on behalf of Plaintiff in support of its motion for summary judgment on defendant's third-party beneficiary counterclaim [18-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/30/1997)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES by Plaintiff to dismiss defendant's counterclaim for breach of contract with Notice set for 9:30 a.m. on 11/14/97 [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) Modified on 09/30/1997 (Entered: 09/30/1997)

DECLARATION of Emily A. Evans on behalf of Plaintiff in support of its motion to dismiss defendant's counterclaim for breach of contract [20-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/30/1997)

DECLARATION of Daniel T. Shvodian on behalf of Plaintiff in support of its motion for sanctions pursuant to federal rule of civil procedure 11 based on defendant's assertion of its third-party beneficiary counterclaim [22-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 09/30/1997)

ORDER by Judge Charles A. Legge relating case to C-97-0114-Misc.-CAL (cc: all counsel) [3:90-cv-02232, 3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/27/1997)

CERTIFICATION of discussion of ADR options by Plaintiff [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

OPPOSITION by defendant to plaintiff's motion for sanctions pursuant to Federal Rule of Civil Procedure 11 based on defendant's assertion of its breach of contract counterclaim [16-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

OPPOSITION by defendant to plaintiff's motion for sanctions pursuant to federal rule of civil procedure 11 based on defendant's assertion of its third-party beneficiary counterclaim [22-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

OPPOSITION by defendant to plaintiff's motion to dismiss defendant's counterclaim for breach of contract [20-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

DECLARATION of Joseph Ferraro on behalf of defendant in support of its opposition [28-1] & [27-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

PROOF OF SERVICE by defendant of declaration of Joseph Ferraro [29-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

PROOF OF SERVICE by defendant of declaration of Maurice N. Ross [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

COUNTERCLAIM; jury demand by defendant Genentech, Inc. against Plaintiff The Regents of the University of CA [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

NOTICE OF ERRATA by defendant to its opposition [27-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/30/1997)

REPLY by Plaintiff to opposition and in support of its motion for summary judgment on defendant's third-party beneficiary counterclaim [18-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

SUPPLEMENTAL DECLARATION of Emily A. Evans on behalf of Plaintiff re motion reply [33-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

REPLY by Plaintiff to opposition and in support of its motion for sanctions pursuant to federal rule of civil procedure based on defendant's assertion of its third-party beneficiary counterclaim [22-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

REPLY by Plaintiff to opposition and in support of its motion to strike paragraphs 11, 14 and J from defendant's answer and counterclaim [13-1] & [13-2] [14-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 10/29/1997)

CERTIFICATE by defendant pursuant to Civil L.R. 16-6 [3:97-cv-02563] (tn, COURT STAFF) (Entered: 11/05/1997)

STIPULATION and ORDER by Judge Charles A. Legge : extending time for plaintiff to respond to defendant Genentech's amended answer and counterclaims (cc: all counsel) [3:97-cv-02563] (mcl, COURT STAFF) (Entered: 11/13/1997)

REPLY by Plaintiff to opposition and in support of its motion for sanctions pursuant to Federal Rule of Civil Procedure 11 based on defendant's assertion of its breach of contract counterclaim [16-1] [3:97-cv-02563] (tn, COURT STAFF) Modified on 11/18/1997 (Entered: 11/18/1997)

REPLY by Plaintiff to opposition and in support of its motion to dismiss defendant's counterclaim for breach of contract [20-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 11/18/1997)

DECLARATION of John R. Moore on behalf of Plaintiff re motion reply [41-1] [FILED UNDER SEAL] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 11/18/1997)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed [3:97-cv-02563] (tn, COURT STAFF) (Entered: 11/24/1997)

EXPEDITED MOTION by defendant for an order to strike [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/02/1997)

MEMORANDUM by Plaintiff in opposition to defendant's expedited motion for an order to strike [44-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/02/1997)

OPPOSITION by defendant to UC's expedited motion to compel production of documents relating to U.S. Patent No. 4,363,877 [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/04/1997)

DECLARATION of Howard S. Suh on behalf of defendant in support of its opposition [46-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/04/1997)

PROOF OF SERVICE by defendant of documents #:46-47 [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/04/1997)

ORDER by Judge Charles A. Legge that plaintiff's motion to strike to be heard on 12/17/97 will pertain only to Genentech's unclean hands defense (cc: all counsel) [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/11/1997)

REPLY by Plaintiff to defendant's counterclaims [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/29/1997)

MINUTES: (C/R Not Reported) Vacating further case management conference ; the parties have agreed to stay the action pending the resolution of the related action [3:97-cv-02563] (tn, COURT STAFF) (Entered: 12/29/1997)

MEMORANDUM of law by defendant in opposition to motion to strike defense [3:97-cv-02563] (tn, COURT STAFF) (Entered: 01/07/1998)

DECLARATION of Joseph Ferraro on behalf of defendant in support of its opposition memorandum [54-1] [3:97-cv-02563] (tn, COURT STAFF) (Entered: 01/07/1998)

PROOF OF SERVICE by defendant of documents #:54-55 [3:97-cv-02563] (tn, COURT STAFF) (Entered: 01/07/1998)

STIPULATION and ORDER by Judge Charles A. Legge staying case until after the trial in case C-90-2232-CAL (cc: all counsel) [3:97-cv-02563] (tn, COURT STAFF) (Entered: 03/13/1998)

ORDER by Judge Charles A. Legge terminating case for statistical purpose - see order for additional info.; appeal filing ddl 4/13/98 (Date Entered: 3/13/98) (cc: all counsel) [3:97-cv-02563] (tn, COURT STAFF) (Entered: 03/13/1998)

NOTICE by defendant of association of attorney Henry C. Bunsow, Jon B. Streeter & Jon S. Tigar of the Law Firm of Keker & Van Nest LLP [3:90-cv-02232, 3:97-cv-02563] (tn, COURT STAFF) (Entered: 07/19/1999)

LETTER from Eric S. Walters, Esq., dated 7/21/99 to Judge Charles A. Legge requesting that the court compel Genentech to produce documents responsive to discovery request previously propounded by UC relating to willfulness [3:90-cv-02232, 3:97-cv-02563] (tn, COURT STAFF) (Entered: 07/21/1999)

MOTION before Judge Charles A. Legge by Plaintiff to disqualify Keker & Van Nest with Notice set for 9:30 a.m. on 8/27/99 [3:97-cv-02563] (scu, COURT STAFF) (Entered: 07/29/1999)

DECLARATION of Gerald P. Dodson on behalf of Plaintiff in support of its motion to disqualify Keker & Van Nest [66-1] [3:97-cv-02563] (scu, COURT STAFF) (Entered: 07/29/1999)

RECEIVED [Proposed] Order (Plaintiff) re: motion to disqualify Keker & Van Nest [66-1] [3:97-cv-02563] (scu, COURT STAFF)

EX-PARTE APPLICATION before Judge Charles A. Legge by defendant for entry of stipulated order shortening time [3:90-cv-02232, 3:97-cv-02563] (tn, COURT STAFF) (Entered: 07/27/1999)

DECLARATION of Jon B. Streeter on behalf of defendant in support of its ex-parte application for entry of stipulated order shortening time [931-1] [3:90-cv-02232, 3:97-cv-02563] (tn, COURT STAFF) (Entered: 07/27/1999)

ORDER by Judge Charles A. Legge regarding discovery requests (cc: all counsel) [3:90-cv-02232, 3:97-cv-02563] (tn, COURT STAFF) (Entered: 07/27/1999)

Lyon & Lyon LLP

Genentech, Inc.

Regents of the University of California