`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 18-1363-CFC
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`GENENTECH, INC., AND CITY OF HOPE,
`
`Plaintiffs,
`
`v.
`
`SAMSUNG BIOEPIS CO., LTD.,
`
`Defendant.
`
`DEFENDANT SAMSUNG BIOEPIS CO., LTD.’S
`RESPONSE TO MOTION TO DISMISS COUNT IX OF COUNTERCLAIMS
`
`Samsung Bioepis Co., Ltd. (“Defendant”), by and through its attorneys, hereby responds
`
`to Plaintiffs’ Motion
`
`to Dismiss Count IX of Defendant's Counterclaims Regarding
`
`Unenforceability of the ‘213 Patent (D.I. 45) (the “Motion”) and states that, as a result of
`
`Defendant’s Amended Answer, Defenses, and Counterclaims filed December 21, 2018 (D.I. 51),
`
`the Motion is moot. The parties conferred and Plaintiff agrees that the Motion has been superseded
`
`by Defendant’s amended pleading.
`
`OF COUNSEL:
`
`Dimitrios T. Drivas
`Scott T. Weingaertner
`Amit H. Thakore
`Holly Tao
`WHITE & CASE LLP
`1221 Avenue of the Americas
`New York, New York 10020-1095
`Tel: (212) 819-8200
`
`Dated: December 26, 2018
`6035252 / 45001
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Bindu A. Palapura
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`Jennifer Penberthy Buckley (#6264)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
`Attorneys for Defendant Samsung Bioepis Co.,
`Ltd.
`
`
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