MedImmune, Inc. v. Genentech, Inc.

ORDER GRANTING MOTION TO STRIKE JURY DEMANDS

Before the Court is Medlmmune’s Motion to Strike Jury Demands (“Pl.’s Mot.”). Because the issue of infringement has effectively been resolved by Medlmmune’s stipulation as to Claim 33 and Genentech’s unilateral covenant not to sue, Medlm-mune contends that no jury trial is necessary on any claim remaining in the case. The Court deems this matter appropriate for decision without oral argument, and accordingly, takes the hearing off calendar. See Fed.R.Civ.P. 78. Having carefully considered the arguments submitted, the Motion to Strike Jury Demands is GRANTED.

I. BACKGROUND

Defendants Genentech and City of Hope [hereinafter “Genentech”] are assignees of U.S. Patent No. 6,333,415 (“The '415 Patent” or the “Cabilly II patent”). See Gen-entech’s and City of Hope’s May 29, 2007 Status Conference Statement. Plaintiff Medlmmune is a biotechnology company whose most successful product is Synagis, a monoclonal antibody approved for the prevention of a serious lower respiratory disease. Declaration of James Young at 1; Plaintiffs First Amended Complaint (“FAC”) ¶ 5. Shortly after the Cabilly II patent issued in 2001, Medlmmune began paying…