Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. et al Featured Case

Plaintiff Stanford University alleged that defendants Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc. and Roche Diagnostic Systems, Inc. infringed on U.S. Patent Nos. 5,968,730 entitled "Polymerase Chain Reaction Assays for Monitoring Antiviral Therapy and Making Therapeutic Decisions in the Treatment of Acquired Immunodeficiency Syndrome" and 6,503,705 entitled "Polymerase Chain Reaction Assays for Monitoring Antiviral Therapy and Making Therapeutic Decisions in the Treatment of Acquired Immunodeficiency Syndrome."

Plaintiff: Board of Trustees of the Leland Stanford Junior University
Defendant: Roche Molecular Systems, Inc., Roche Diagnostics Corporation and Roche Diagnostics Operations, Inc.
Counter-claimant: Roche Molecular Systems, Inc., Roche Diagnostics Corporation and Roche Diagnostics Operations, Inc.
3rd Party Defendant: Thomas Merigan and Chiron Corporation
Counter-defendant: Board of Trustees of the Leland Stanford Junior University, Mark Holodniy and Thomas Merigan
Case Number: 3:2005cv04158
Filed: October 14, 2005
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Santa Clara
Presiding Judge: Marilyn H. Patel
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Both
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The following documents for this case are available for you to view or download:

Date Filed Document Text
January 8, 2010 Opinion or Order Filing 344 ORDER re DISMISSAL ON REMAND; Signed by Judge Marilyn Hall Patel on 1/6/2010. (awb, COURT STAFF) (Filed on 1/8/2010)
October 12, 2007 Opinion or Order Filing 196
ORDER allowing equipment to be brought into courtroom re claim construction hearing; Signed by Judge Marilyn Hall Patel on 10/12/2007. (awb, COURT-STAFF) (Filed on 10/12/2007)
October 11, 2007 Filing 195
Proposed Order Allowing Equipment at Claim Construction Hearing by Board of Trustees of the Leland Stanford Junior University. (Rodriguez, Ricardo) (Filed on 10/11/2007)
October 8, 2007 Opinion or Order Filing 194
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byRoche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Cannon, Brian) (Filed on 10/8/2007)
September 28, 2007 Filing 193
CLERK'S NOTICE: Claims Construction Hearing reset for 10/12/2007 10:00 AM. (awb, COURT-STAFF) (Filed on 9/28/2007)
August 29, 2007 Filing 190
RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Cannon, Brian) (Filed on 8/29/2007) Modified on 9/6/2007 (gba, COURT STAFF).
August 15, 2007 Opinion or Order Filing 186
ORDER by Judge Marilyn H. Patel re: 182 Motion to Shorten Time. (rbe, COURT STAFF) (Filed on 8/15/2007)
August 13, 2007 Filing 185
Memorandum in Opposition re 180 MOTION to Compel ROCHE'S EMERGENCY MOTION TO ENFORCE COURT ORDER REGARDING EXPERT WITNESS DEPOSITION filed byBoard of Trustees of the Leland Stanford Junior University. (Rodriguez, Ricardo) (Filed on 8/13/2007)
August 2, 2007 Opinion or Order Filing 175
STIPULATION AND ORDER re Deposition of Expert Witnesses; Signed by Judge Marilyn Hall Patel on 8/1/2007. (awb, COURT-STAFF) (Filed on 8/2/2007)
July 31, 2007 Filing 174
Proposed Order AND STIPULATION RE: DEPOSITION OF EXPERT WITNESSES by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Cannon, Brian) (Filed on 7/31/2007)
April 30, 2007 Filing 159
ANSWER TO FIRST AMENDED COUNTERCLAIM by Mark Holodniy, Thomas Merigan, Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 4/30/2007) Modified on 5/3/2007 (gba, COURT STAFF).
April 16, 2007 Opinion or Order Filing 157
MEMORANDUM AND ORDER DENYING defendant Roche's motion for summary judgment AND GRANTING IN PART/DENYING IN PART plaintiff's motion for summary judgment; Signed by Judge Marilyn Hall Patel on 4/16/2007; (awb, COURT-STAFF) (Filed on 4/16/2007)
April 13, 2007 Filing 155
DEFENDANTS' ANSWER to Amended Complaint, Amended COUNTERCLAIM against Board of Trustees of the Leland Stanford Junior University, Mark Holodniy, Thomas Merigan byRoche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Cannon, Brian) (Filed on 4/13/2007)
April 9, 2007 Filing 154
Minute Entry: Motion Hearing held on 4/9/2007 before Judge Marilyn Hall Patel (Date Filed: 4/9/2007) re 144 MOTION Certification of Memorandum and Order re Cross Motions for Summary Judgment and Request for Stay of Proceedings (Court Reporter Juanita Gonzales.) (awb, COURT-STAFF) (Date Filed: 4/9/2007)
March 20, 2007 Filing 147
Minute Entry: Status Conference/Motion Hearing held on 3/19/2007 before Judge Marilyn Hall Patel (Date Filed: 3/20/2007) re 144 MOTION Certification of Memorandum and Order (Date Filed: 3/20/2007); (Court Reporter Sahar McVicker.) (awb, COURT-STAFF) (Date Filed: 3/20/2007)
March 12, 2007 Filing 145
Declaration of Brian C. Cannon in Support of 144 MOTION Certification of Memorandum and Order re Cross Motions for Summary Judgment and Request for Stay of Proceedings filed byRoche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Related document(s)144) (Chiang, Tun-Jen) (Filed on 3/12/2007)
March 5, 2007 Opinion or Order Filing 142
ORDER by Judge Marilyn Hall Patel granting 140 Motion to Continue case management conference to 3/19/2007 at 3:00 pm (awb, COURT-STAFF) (Filed on 3/5/2007) Modified on 3/8/2007 (gba, COURT STAFF).
March 1, 2007 Filing 141
Proposed Order re 140 MOTION to Continue Case Management Conference (Unopposed) by Board of Trustees of the Leland Stanford Junior University, Mark Holodniy, Thomas Merigan. (Patek, Anthony) (Filed on 3/1/2007)
February 23, 2007 Opinion or Order Filing 139
ORDER by Judge Marilyn Hall Patel denying 90 Defendants' Motion for Summary Judgment, granting in part and denying in part 92 Plaintiff's Motion for Summary Judgment. (epb, COURT STAFF) (Filed on 2/23/2007)
February 12, 2007 Filing 138
NOTICE of Change of Address by Jeffrey Neil Boozell (Boozell, Jeffrey) (Filed on 2/12/2007)
February 11, 2007 Opinion or Order Filing 137
STIPULATION AND ORDER - Further Case Management Conference of 2/12/07 vacated and reset for 3/12/2007 03:00 PM. Signed by Judge Marilyn Hall Patel on 2/9/07. (epb, COURT STAFF) (Filed on 2/11/2007)
February 8, 2007 Filing 136
Proposed Order and Stipulation Re: Continuance of Case Management Conference by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Boozell, Jeffrey) (Filed on 2/8/2007)
February 5, 2007 Filing 135
CASE MANAGEMENT STATEMENT Joint Supplemental filed by Board of Trustees of the Leland Stanford Junior University. (Rodriguez, Ricardo) (Filed on 2/5/2007)
December 8, 2006 Filing 133
Minute Entry: Motion Hearing held on 12/7/2006 before Judge Marilyn Hall Patel re 92 MOTION for Summary Judgment, 90 MOTION for Summary Judgment, 120 MOTION to Strike. Matters deemed submitted. Stanford's Documents for in camera review: The court rules that Exhibits 1-5, and 7, shall be disclosed. The claim of privilege is denied. Exhibit 6 documents are privileged; they shall not be disclosed. Roche's Documents: The single Exhibit 1 is not privileged, and therefore must be disclosed. Defendant's Objections [#132] filed 12/6/06 are stricken as untimely. (Court Reporter Connie Kuhl.) (epb, COURT STAFF) (Date Filed: 12/8/2006)
December 6, 2006 Filing 132
OBJECTIONS to Evidence Offered in Support of Counterclaim Defendants' Motion for Summary Judgment and Opposition to Roche's Motion for Summary Judgment by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Chiang, Tun-Jen) (Filed on 12/6/2006)
November 28, 2006 Filing 126
Proposed Order re 122 MOTION to Seal Document 120 MOTION to Strike by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Chiang, Tun-Jen) (Filed on 11/28/2006)
November 16, 2006 Filing 119
NOTICE of Appearance by Anthony J Patek (Patek, Anthony) (Filed on 11/16/2006)
November 15, 2006 Filing 118
Memorandum in Opposition re 92 MOTION for Summary Judgment Counterclaim Defendants Stanford University, Dr. Merigan and Dr. Holodniy's Notice of Motion and Motion for Summary Judgment filed byRoche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Boozell, Jeffrey) (Filed on 11/15/2006)
October 27, 2006 Filing 97
Proposed Order re 92 MOTION for Summary Judgment Counterclaim Defendants Stanford University, Dr. Merigan and Dr. Holodniy's Notice of Motion and Motion for Summary Judgment, 96 Brief, [Proposed] Order Granting Counterclaim Defendants Stanford University, Dr. Merigan and Dr. Holodniy's Motion for Summary Judgment by Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 10/27/2006)
October 23, 2006 Filing 79
Proposed Order and Stipulation Re: Extension of Page Limits for Motions for Summary Judgment by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Burns, Jeremy) (Filed on 10/23/2006)
October 20, 2006 Filing 77
NOTICE by Board of Trustees of the Leland Stanford Junior University Statement of Issues for Summary Judgment (Rhyu, Michelle) (Filed on 10/20/2006)
October 2, 2006 Filing 75
NOTICE by Board of Trustees of the Leland Stanford Junior University Notice of Change of Law Firm Name by Counsel for Plaintiff and Counterclaim Defendants (Rhyu, Michelle) (Filed on 10/2/2006)
September 29, 2006 Filing 74
Letter from J. Boozell re in camera review. (Burns, Jeremy) (Filed on 9/29/2006)
September 26, 2006 Filing 72
Minute Entry: Telephonic Discovery Hearing held on 9/26/2006 before Judge Marilyn Hall Patel (Date Filed: 9/26/2006) (Court Reporter James Yeomans.) (awb, COURT-STAFF) (Date Filed: 9/26/2006)
September 25, 2006 Filing 71
Letter from Michelle Rhyu to Judge Patel re Deposition Dispute. (Rhyu, Michelle) (Filed on 9/25/2006)
September 22, 2006 Opinion or Order Filing 69
STIPULATION AND ORDER re extension of briefing schedules: Discovery completion by 10/13/2006; Identification of topics for Summmary Judgment not later than 10/20/2006; Cross motions for Summary Judgment to be filed by 10/27/2006; Responses to be filed by 11/15/2006; Motion Hearing set for 12/4/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 9/21/2006. (awb, COURT-STAFF) (Filed on 9/22/2006)
September 15, 2006 Filing 68
Proposed Order AND STIPULATION RE: EXTENSION OF BRIEFING SCHEDULE AND TIME TO COMPLETE DEPOSITION DISCOVERY by Roche Molecular Systems, Inc.. (Stone, Robert) (Filed on 9/15/2006)
August 24, 2006 Filing 67
Proposed Order and Stipulation re Extension of Deposition Discovery and Briefing Schedule by Board of Trustees of the Leland Stanford Junior University, Thomas Merigan, Board of Trustees of the Leland Stanford Junior University. (Rodriguez, Ricardo) (Filed on 8/24/2006)
August 4, 2006 Filing 65
ANSWER TO COUNTERCLAIM (AMENDED) by Thomas Merigan, Mark Holodniy and byBoard of Trustees of the Leland Stanford Junior University. (Rodriguez, Ricardo) (Filed on 8/4/2006)
August 1, 2006 Opinion or Order Filing 64
MEMORANDUM AND ORDER re Motion to Compel; Signed by Judge Marilyn Hall Patel on 7/31/2006. (awb, COURT-STAFF) (Filed on 8/1/2006)
July 20, 2006 Opinion or Order Filing 59
STIPULATION AND ORDER MODIFYING DEPOSITION DISCOVERY AND BRIEFING SCHEDULES;Completion of deposition discovery not later than 8/31/2006; Cross motions for summary judgment to be filed by 9/13/2006; Responses to be filed not later than 9/29/2006; Motion Hearing set for 10/16/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 7/20/2006. (awb, COURT-STAFF) (Filed on 7/20/2006)
July 19, 2006 Filing 58
Proposed Order and Stipulation re Extension of Deposition Discovery and Briefing Schedule by Board of Trustees of the Leland Stanford Junior University, Thomas Merigan, Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 7/19/2006)
July 17, 2006 Filing 57
Letter from Michelle S. Rhyu to Honorable Marilyn Hall Patel re ongoing in camera inspection of documents relating to Chiron's acquisition of Cetus. (Rhyu, Michelle) (Filed on 7/17/2006)
July 5, 2006 Filing 56
Letter from Brian C. Cannon to the Honorable Judge Patel. (Burns, Jeremy) (Filed on 7/5/2006)
June 30, 2006 Opinion or Order Filing 55
STIPULATION AND ORDER permitting defendants to amend answer and counterclaims without objection; Signed by Judge Marilyn Hall Patel on 6/30/2006. (awb, COURT-STAFF) (Filed on 6/30/2006)
June 28, 2006 Filing 51
Minute Entry: Telephonic Discovery Hearing held on 6/28/2006 before Hon. Marilyn Hall Patel (Date Filed: 6/28/2006). (Court Reporter Leo Mankiewicz.) (awb, COURT-STAFF) (Date Filed: 6/28/2006)
June 27, 2006 Filing 50
STIPULATION [PROPOSED] ORDER AND STIPULATION RE DEPOSITIONS IN LIEU OF WITNESS INTERVIEWS by Board of Trustees of the Leland Stanford Junior University, Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 6/27/2006)
June 13, 2006 Opinion or Order Filing 43
ORDER re WITNESS INTERVIEWS; Signed by Judge Marilyn Hall Patel on 6/12/2006. (awb, COURT-STAFF) (Filed on 6/13/2006)
June 1, 2006 Filing 42
Proposed Order re 41 Letter Interviewing Witnesses by Board of Trustees of the Leland Stanford Junior University, Thomas Merigan, Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 6/1/2006)
May 30, 2006 Filing 38
Proposed Order re 36 Brief, on Stanford's Waiver of Privilege by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc., Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Chiang, Tun-Jen) (Filed on 5/30/2006)
May 23, 2006 Filing 34
Minute Entry: Telephonic Discovery Hearing held on 5/23/2006 before Judge Marilyn Hall Patel (Date Filed: 5/23/2006). (Court Reporter Joan Columbini.) (awb, COURT-STAFF) (Date Filed: 5/23/2006)
May 22, 2006 Filing 33
Letter from Ricardo Rodriguez re discovery issues to be discussed at 5/23 conference call. (Rodriguez, Ricardo) (Filed on 5/22/2006)
May 18, 2006 Filing 30
Letter from Ricardo Rodriguez confirming conference call 5/23/06. (Rodriguez, Ricardo) (Filed on 5/18/2006)
March 7, 2006 Filing 28
Minute Entry: Status Conference before the Honorable Marilyn Hall Patel (Date Filed: 3/7/2006(Date Filed: 3/7/2006) (Court Reporter Joan Columbini.) (awb, COURT-STAFF) (Date Filed: 3/7/2006)
February 20, 2006 Filing 23
CASE MANAGEMENT STATEMENT Re: DEFENDANTS' PROPOSED DISCOVERY PLAN AND ISSUES FOR RESOLUTION IN BIFURCATED BENCH TRIAL RE: CONTRACT ISSUES RELATED TO OWNERSHIP/LICENSE filed by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc., Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Boozell, Jeffrey) (Filed on 2/20/2006)
February 14, 2006 Filing 22
Minute Entry: Initial Case Management Conference held on 2/13/2006 before Judge Marilyn Hall Patel (Date Filed: 2/14/2006); Further Status Conference set for 3/6/2006 03:00 PM in Courtroom 15, 18th Floor, San Francisco; (Court Reporter Joan Columbini.) (awb, COURT-STAFF) (Date Filed: 2/14/2006)
January 30, 2006 Filing 21
JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 1/30/2006)
December 21, 2005 Filing 20
Stanford's Reply to Counterclaims and Merigan's ANSWER to Counterclaim byBoard of Trustees of the Leland Stanford Junior University, Thomas Merigan, Board of Trustees of the Leland Stanford Junior University. (Rodriguez, Ricardo) (Filed on 12/21/2005)
December 7, 2005 Opinion or Order Filing 19
STIPULATION AND ORDER extending time to 12/21/2005 for counterdefendant to file a responsive pleading; Signed by Judge Marilyn Hall Patel on 12/6/2005. (awb, COURT-STAFF) (Filed on 12/7/2005)
December 1, 2005 Filing 18
STIPULATION to Extend Time for Counterclaim Defendant Merigan to Respond AND Proposed Order by Roche Diagnostics Corporation, Thomas Merigan, Board of Trustees of the Leland Stanford Junior University. (Rhyu, Michelle) (Filed on 12/1/2005)
November 17, 2005 Filing 17
DEMAND for Trial by Jury by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Stone, Robert) (Filed on 11/17/2005)
November 10, 2005 Filing 14
CLERK'S NOTICE: Case Management Conference set for 2/13/2006 04:00 PM before the honorable Marilyn Hall Patel; Case Management Statement due by 2/3/2006. (awb, COURT-STAFF) (Filed on 11/10/2005)
November 3, 2005 Opinion or Order Filing 13
ORDER REASSIGNING CASE. Case reassigned to Judge Marilyn H. Patel for all further proceedings. Judge Joseph C. Spero no longer assigned to case. Signed by EXECUTIVE COMMITTEE on 11/3/05. (ha, COURT STAFF) (Filed on 11/3/2005)
November 2, 2005 Filing 9
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc.. (Stone, Robert) (Filed on 11/2/2005)
October 27, 2005 Filing 8
CERTIFICATE OF SERVICE by Board of Trustees of the Leland Stanford Junior University re 1 Complaint,, Summons Issued, Roche Diagnostics Corporation (Rodriguez, Ricardo) (Filed on 10/27/2005)
October 19, 2005 Filing 4
CLERK'S NOTICE TO PLAINTIFF RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by NOV. 2, 2005. (klh, COURT STAFF) (Filed on 10/19/2005)
October 14, 2005 Filing 3
REPORT on the filing or determination of an action regarding Patent Ingringement (cc: form mailed to register). (gba, COURT STAFF) (Filed on 10/14/2005)
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Plaintiff: Board of Trustees of the Leland Stanford Junior University
Represented By: Ricardo Rodriguez
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Defendant: Roche Molecular Systems, Inc.
Represented By: Robert William Stone
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Defendant: Roche Diagnostics Corporation
Represented By: Robert William Stone
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Defendant: Roche Diagnostics Operations, Inc.
Represented By: Robert William Stone
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Counter-claimant: Roche Molecular Systems, Inc.
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Counter-claimant: Roche Diagnostics Corporation
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Counter-claimant: Roche Diagnostics Operations, Inc.
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3rd party defendant: Thomas Merigan
Represented By: Ricardo Rodriguez
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3rd party defendant: Chiron Corporation
Represented By: Cory Michelle Mason
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Counter-defendant: Board of Trustees of the Leland Stanford Junior University
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Counter-defendant: Mark Holodniy
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Counter-defendant: Thomas Merigan
Represented By: Michelle S. Rhyu
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