Hormone Research Foundation v. GENENTECH, INC.

MEMORANDUM AND ORDER

Plaintiffs Hormone Research Foundation and Hoffmann-LaRoche, Inc., filed suit against defendants Genentech, Inc., Genentech Development Corporation and Genentech Clinical Partners, Ltd. (“Genentech”), alleging that Genentech’s human growth hormone product, Protropin, infringes Patent No. 3,853,833. The action is now before the court on three cross-motions for partial summary judgment, as well as plaintiffs’ motion to preclude reliance upon the uncompleted deposition of Dr. Li and plaintiffs’ ex parte application for a five-month extension of pretrial and trial dates. After consideration of the memoranda and supporting documents submitted by the parties and the arguments of counsel, the court grants defendants’ first and third motions for summary judgment, denies defendants’ second motion for summary judgment and all of plaintiffs’ cross-motions, and declines to address plaintiffs’ motions to preclude reliance on the deposition of Dr. Li and for a five month extension of pretrial and trial dates.

BACKGROUND

In 1971, Dr. Li thought he had identified the correct structure of and developed a process for synthesizing human growth hormone (“HGH”). He filed for…