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Case 1:18-cv-00924-CFC Document 271 Filed 07/08/19 Page 1 of 2 PageID #: 19056
`Case 1:18-cv-00924-CFC Document 271 Filed 07/08/19 Page 1 of 2 PageID #: 19056
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC. and
`
`CITY OF HOPE,
`
`Plaintiffs,
`
`V.
`
`AMGEN INC.,
`
`Defendant and
`
`Counterclaim Plaintiff.
`
`GENENTECH, INC. and
`
`CITY OF HOPE,
`
`Plaintiffs,
`
`V.
`
`AMGEN INC.,
`
`Defendant and
`
`Counterclaim Plaintiff.
`
`vvvvvvvvvvv
`vvvvvvvvvvv
`
`Civ. No. 17-1407—CFC
`
`Civ. No. 18-924-CFC
`
`O R D E R
`
`Whereas the Court has read the parties’ Joint Status Reports submitted on
`
`June 24, 2019 and the parties’ letters submitted on July 3, 2019; and
`
`Whereas the Court has determined that live expert testimony will be
`
`necessary to resolve the issue of indefiniteness with respect to the “following
`
`fermentation” claim limitation;
`
`

`

`Case 1:18-cv-00924-CFC Document 271 Filed 07/08/19 Page 2 of 2 PageID #: 19057
`Case 1:18-cv-00924-CFC Document 271 Filed 07/08/19 Page 2 of 2 PageID #: 19057
`
`IT IS HEREBY ORDERED that:
`
`1. The Court will convene a hearing on October 7, 2019 at 9:00 a.m., at
`
`which time the parties may adduce expert testimony and make argument
`
`with respect to the issue of whether the “following fermentation” claim
`
`limitation is indefinite; and
`
`2. Each side may submit by no later than September 27, 2019:
`
`a. A letter of no more than 1,000 words in 14-point font in support of
`
`its position with respect to the indefiniteness issue; and
`
`b. An expert declaration in support of same.
`
`6%
`
`

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