`16532
`
`Daniel M. Silver
`Partner
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`T. 302-984-6331
`F. 302-691-1260
`
`dsilver@mccarter.com
`
`
`
`
`
`
`
`April 17, 2019
`
`VIA CM/ECF & HAND DELIVERY
`The Honorable Colm F. Connolly
`J. Caleb Boggs Federal Building
`Wilmington, DE 19801-3555
`
`
`Re: Genentech, Inc. v. Amgen Inc., C.A. No. 18-924-CFC (D. Del.)
`
`Dear Judge Connolly:
`
`
`
`
`
`
`I write jointly on behalf of Plaintiffs Genentech, Inc. and City of Hope and
`Defendant Amgen Inc. to address the claim construction of “an initial dose” in
`U.S. Patent Nos. 6,627,196, 7,371,379, and 10,160,811.
`
`
`
`
`, for purposes of this case,
`Plaintiffs are willing to stipulate to Amgen’s proposed construction of “an initial
`dose” as “the first dose of the claimed antibody given to the patient as part of a
`treatment regimen”
`
` because there is no
`
`
`ripe dispute as to this claim term.
`
`
`
`
`
`
`).
`
`
`In view of the parties’ agreement with respect to the claim construction of
`“an initial dose” in view of the current posture of the case, there is no issue of
`claim construction for the Court to decide with respect to U.S. Patent Nos.
`6,627,196, 7,371,379, and 10,160,811 in this case between Plaintiffs and Amgen.
`
`The parties are submitting herewith a stipulation and proposed order
`memorializing their agreement with respect to this claim term. Please let us know
`
`
`ME1 30192923v.1
`
`
`
`PUBLIC VERSION FILED:
`APRIL 24, 2019
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 152 Filed 04/24/19 Page 2 of 4 PageID #:
`16533
`
`The Honorable Colm F. Connolly
`April 17, 2019
`Page 2
`
`if Your Honor has any questions or concerns regarding the foregoing. Counsel are
`available at the Court’s convenience in connection with this matter.
`
`Respectfully submitted,
`/s/ Daniel M. Silver
`Daniel M. Silver (#4758)
`cc: All counsel of record (via CM/ECF)
`
`
`
`ME1 30192923v.1
`
`
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 152 Filed 04/24/19 Page 3 of 4 PageID #:
`16534
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned counsel hereby certifies that true and correct copies of the foregoing
`
`
`
`document were caused to be served on April 17, 2019 on the following counsel via email:
`
`Neal C. Belgam
`Eve H. Ormerod
`SMITH, KATZENSTEIN & JENKINS, LLP
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`
`Orion Armon
`COOLEY, LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, CO 80021-8023
`(720) 566-4119
`oarmon@cooley.com
`
`Eamonn Gardner
`COOLEY, LLP
`4401 Eastgate Mall
`San Diego, CA 92121-1909
`(858) 550-6086
`egardner@cooley.com
`
`Michelle Rhyu
`Susan Krumplitsch
`Daniel Knauss
`COOLEY, LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`P 650-843-5287
`mrhyu@cooley.com
`skrumplitsch@cooley.com
`dknauss@cooley.com
`
`
`
`
`
`
`
`
`
`ME1 30202880v.1
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 152 Filed 04/24/19 Page 4 of 4 PageID #:
`16535
`
`
`
`Nancy Gettel
`Thomas Lavery, IV
`AMGEN, INC.
`One Amgen Center Drive
`Thousand Oaks, CA 91320-1799
`P 805-447-1000
`ngettel@amgen.com
`tlavery@amgen.com
`
`Attorneys for Defendant Amgen Inc.
`
`
`Dated: April 17, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Daniel M. Silver
`Daniel M. Silver (#4758)
`
`
`
`
`
`
`ME1 30202880v.1
`
`2
`
`
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