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`GENENTECH, INC.,
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`AMGEN INC.
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
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`Plaintiff,
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`Defendant.
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`C.A. No. 18-924-CFC
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`GENENTECH’S MOTION TO STRIKE AMGEN’S ELEVENTH AND
`TWELFTH AFFIRMATIVE DEFENSES (AND DISMISS, OR
`ALTERNATIVELY, STRIKE ASSOCIATED COUNTERCLAIMS)
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`Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f), Plaintiff Genentech, Inc.
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`respectfully moves to strike Defendant’s Eleventh and Twelfth Affirmative Defenses and to
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`dismiss, or alternatively strike, associated counterclaims. The bases for this motion are set forth
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`in the Opening Brief contemporaneously filed herewith.
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`ME1 31718025v.1
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`
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`Case 1:18-cv-00924-CFC Document 425 Filed 10/15/19 Page 2 of 2 PageID #: 32156
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`By:
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`McCARTER & ENGLISH, LLP
`
`
`/s/ Daniel M. Silver
`Michael P. Kelly (# 2295)
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, Delaware 19801
`Tel.: (302) 984-6300
`Fax: (302) 984-6399
`mkelly@mccarter.com
`dsilver@mccarter.com
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`Attorneys for Genentech, Inc.
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`
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`Dated: October 15, 2019
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`Of Counsel:
`
`Daralyn J. Durie
`Adam R. Brausa
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`(415) 362-6666
`
`William F. Lee
`Lisa J. Pirozzolo
`Emily R. Whelan
`Kevin S. Prussia
`Andrew J. Danford
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`60 State Street
`Boston, MA 02109
`(627) 526-6000
`
`Robert J. Gunther Jr.
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`(212) 230-8800
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`ME1 31718025v.1
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`
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