Plexxikon Inc. v. Novartis Pharmaceuticals Corporation

Good Law
United States District Court, Northern District of CaliforniaApril 10, 20204:17-cv-04405California2,779 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PLEXXIKON INC., Case No. 17-cv-04405-HSG 8 Plaintiff, ORDER GRANTING MOTION TO

STRIKE PORTIONS OF EXPERT

9 v. REPORT 10 NOVARTIS PHARMACEUTICALS

REDACTED VERSION

CORPORATION,

11 Re: Dkt. No. 179 Defendant. 12 13 Pending before the Court is Defendant Novartis Pharmaceuticals, Inc.’s motion to strike 14 portions of the expert report by Dr. Michael L.Metzker. The Court heard argument on this 15 motion on November 1, 2019. See Dkt. No. 341. As indicated during the hearing and as detailed 16 below, the Court GRANTS the motion. 17 I. BACKGROUND 18 Plaintiff Plexxikon, Inc. accuses Defendant’s drug Tafinlar® of infringing two of its 19 patents, U.S. Patent Nos. 9,469,640 (the ’640 Patent) and U.S. Patent No. 9,844,539 (the ’539 20 Patent). Both patents claim priority to a common provisional patent application filed on July 17, 21 2007. However, in its infringement contentions, dated January 2, 2018, Plaintiff contended that 22 both the ’640 Patent and…

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