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CHIRON CORP. v. GENENTECH, INC.

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

268 F.Supp.2d 1126 (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: INVENTORSHIP, OBVIOUSNESS, INEOUTABLE CONDUCT

SHUBB, District Judge.

In a separate order, the court has determined that Genentech's product, Herceptin, infringes Chiron's U.S. Patent No. 6,054,561 ("'561 patent"). Genentech has asserted a number of defenses and counterclaims, three of which—invalidity for failure to join a co-inventor of the patent, invalidity for obviousness, and inequitable conduct—concern...

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