Plexxikon Inc. v. Novartis Pharmaceuticals Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PLEXXIKON INC., Case No. 17-cv-04405-HSG Plaintiff, ORDER GRANTING MOTION TO

STRIKE PORTIONS OF EXPERT

v. REPORT NOVARTIS PHARMACEUTICALS

REDACTED VERSION

CORPORATION,

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