CITY OF HOPE NATIONAL MEDICAL CENTER, Plaintiff and Respondent,
v.
GENENTECH, INC., Defendant and Appellant.
Court of Appeals of California, Second District, Division Two.https://leagle.com/images/logo.png
October 21, 2004.
As Modified on Denial of Rehearing November 22, 2004.
Review Granted February 2, 2005.
Attorney(s) appearing for the Case
Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Jerome B. Falk, Jr., Steven L. Mayer, Amy L. Bomse, San Francisco; Keker & Van Nest, Robert A. Van Nest, Susan J. Harriman, Kara M. Andersen, and Steven A. Hirsch, San Francisco, for Defendant and Appellant.
Fred Main for Chamber of Commerce of the United States, California Chamber of Commerce; Jim Hawley for TechNet; D. Bruce Sewell, Janet Craycroft for Intel Corporation; Robin S. Conrad for National Chamber Litigation Center, Inc. and Thomas R. Lavelle, San Jose, for Xilinx, Inc. as Amici Curiae on behalf Defendant and Appellant.
Horvitz & Levy, Ellis J. Horvitz, Jon B. Eisenberg, Encino, William N. Hancock, San Francisco; Irell & Manella, Morgan Chu, Gregory R. Smith, David I. Gindler, Joseph M. Lipner, Los Angeles; Reed, Smith, Crosby, Heafey, Peter W. Davis, San Francisco, and James C. Martin, Los Angeles, for Plaintiff and Respondent.
Court of Appeals of California, Second District, Division Two.
ASHMANN-GERST, J.
This case arises out of a 1976 patent agreement (the agreement) that governs the right of respondent City of Hope National Medical Center (City of Hope) to receive royalties from appellant Genentech, Inc. (Genentech) with respect to patents1 worth billions of dollars. The agreement contains ambiguous provisions regarding the royalty base that applies to product sales by Genentech's licensees and proceeds from patent infringement...
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