IN RE ROCHE MOLECULAR SYSTEMS.pdf

United States Court of Appeals for the Federal Circuit MISCELLANEOUS DOCKET NO. 854 IN RE ROCHE MOLECULAR SYSTEMS, INC., ROCHE DIAGNOSTICS CORPORATION, and ROCHE DIAGNOSTICS OPERATIONS, INC., Petitioners. Adrian M. Pruetz, Pruetz Law Group, LLP, of El Segundo, California, for petitioners. With him on the petition was Erica J. Pruetz. Of counsel on the petition were Brian C. Cannon and Tun-Jen Chiang, Quinn Emanuel Urquhart Oliver Hedges LLP, of Redwood Shores, California. Ricardo Rodriguez, Cooley Godward Kronish LLP, of Palo Alto, California, for respondents The Board of Trustees of the Leland Stanford Junior University, et al. With him on the response were Michelle S. Rhyu and Benjamin G. Damstedt. On Petition for Writ of Mandamus from the United States District Court for the Northern District of California Judge Marilyn Hall Patel United States Court of Appeals for the Federal Circuit MISCELLANEOUS DOCKET NO. 854 IN RE ROCHE MOLECULAR SYSTEMS, INC., ROCHE DIAGNOSTICS CORPORATION, and ROCHE DIAGNOSTICS OPERATIONS, INC., Petitioners. On Writ of Mandamus from the U.S. District Court for the Northern District of California in case no. 05-CV-04158, Judge Marilyn Hall Patel. ON PETITION FOR WRIT OF MANDAMUS Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MAYER, Circuit Judge. Order for the Court filed PER CURIAM. Dissenting order filed by Circuit Judge NEWMAN. O R D E R Roche Molecular Systems, Inc. et al. (Roche) petition for a writ of mandamus to direct the United States District Court for the Northern District of California to (1) vacate its April 16, 2007 order granting in part The Leland Stanford Jr. University’s (Stanford) motion for summary judgment and denying Roche’s motion for summary judgment and (2) enter judgment in favor of Roche. Stanford opposes. Roche moves for leave to reply, with reply attached. Stanford opposes and moves,