Genentech, Inc. v. Eli Lilly and Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GENENTECH, INC., a Delaware Case No.: 18-CV-1518 JLS (JLB) corporation,

ORDER GRANTING JOINT

Plaintiff, MOTION TO BIFURCATE v. “EXCEPTIONAL CASE”

DETERMINATION AND

ELI LILLY AND COMPANY, an Indiana ATTORNEY FEES REQUEST corporation,

16 Defendant. (ECF No. 78) 17 Presently before the Court is Plaintiff Genentech, Inc. and Defendant Eli Lilly and Company’s Joint Motion to bifurcate the “exceptional case” determination under 35 U.S.C. § 285 and attorney fees motion under Federal Rule of Civil Procedure 54(d)(2). (“Mot.,” ECF No. 78). On March 16, 2020, the Court granted Plaintiff’s motion to voluntary dismiss with prejudice this action in its entirety and declared Defendant the prevailing party. See ECF No. 77. Defendant now intends to file a motion for attorney fees pursuant to Federal Rule of Civil Procedure 54(d)(2) and 35 U.S.C. § 285. Mot at 2. Under section 285, “a court in…