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CHIRON CORP. v. GENENTECH, INC.

No. CIV.S-00-1252 SBS GG.

268 F.Supp.2d 1139 (2002)

CHIRON CORPORATION, Plaintiff, v. GENENTECH, INC., Defendant.

United States District Court, E.D. California.

June 24, 2002.

Attorney(s) appearing for the Case

Paul Joseph Riley, Morrison and Foerster LLP, San Francisco, CA, Eric S. Walters, Morrison and Foerster, Palo Alto, CA, for Plaintiff.

Jack Vivian Lovell, Hunter Richey Di-Benedetto and Eisenbeis, Sacramento, CA, James M. Emery, Michael David Celio, Keker and Van Nest, San Francisco, CA, for Defendant.

James M. Emery, Keker and Van Nest, Henry C. Bunsow, Howrey Simon Arnold and White, San Francisco, CA, for Counter-Claimant.

Rachel Krevans, Morrison and Foerster LLP, San Francisco, CA, for Counter-Defendant.

MEMORANDUM AND ORDER RE: PROSECUTION LACHES

SHUBB, District Judge.

In a separate order, the court has determined that Genentech's product, Herception infringes Chiron's patent on monoclonal antibodies that bind to the HER2 human breast cancer antigen. Chiron now moves for summary judgment on Genentech's prosecution laches defense.

I. Factual Background

The patent at issue, U...

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