`
`
`KEKER & VAN NEST JS-6
`John W. Keker (SBN 49092)
`Email: jkeker@kvn.com
`Daralyn J. Durie (SBN 169825)
`Email: ddurie@kvn.com
`710 Sansome Street
`San Francisco, California 94111-1704
`Telephone: (415) 391-5400
`Facsimile: (415) 397-7188
`
`SIDLEY AUSTIN LLP
`Edward G. Poplawski (SBN 113590)
`Email: poplawski@sidley.com
`Bryan K. Anderson (SBN 155830)
`Email: bkanderson@sidley.com
`555 West Fifth Street, Suite 4000
`Los Angeles, California 90013-1010
`Telephone: (213) 896-6000
`Facsimile: (213) 896-6600
`Attorneys For Defendant GENENTECH, INC.
`
`IRELL & MANELLA LLP
`David I. Gindler (SBN 117824)
`Email: dgindler@irell.com
`Joseph M. Lipner (SBN 155735)
`Email: jlipner@irell.com
`Laura W. Brill (SBN 195889)
`Email: lbrill@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`Attorneys for Defendant CITY OF HOPE
`
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
` Case No. CV03-2567 MRP (CTx)
`
`STIPULATION AND ORDER OF
`DISMISSAL
`
`
`
`
`
`Defendants.
`
`- 1 -
`Stipulation and [Proposed] Order of Dismissal with Prejudice
`CASE NO. CV 03-2567 MRP (CTx)
`
`
`
`MEDIMMUNE, INC.,
`
`Plaintiff,
`
`v.
`
`GENENTECH, INC., et al.,
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`4 1 8 5 7
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`Genzyme Ex. 1048, pg 1160
`
`
`
`Case 2:03-cv-02567-MRP-CT Document 373 Filed 06/04/08 Page 2 of 3 Page ID #:1371
`
`
`IT IS HEREBY STIPULATED, by and between Plaintiff MedImmune, Inc.
`and Defendants Genentech, Inc. and City of Hope, through their respective counsel
`of record, that pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, the
`claims in this action are dismissed with prejudice as they relate to the product
`identified in the First Amended Complaint as Synagis. To the extent that any claims
`in the First Amended Complaint relate to any other product, they are dismissed
`without prejudice. Each party shall bear its own legal expenses, including without
`limitation, attorneys’ fees and costs.
`
`Dated: June 3, 2008
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`Dated: June 3, 2008
`
`
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`
`Dated: June 3, 2008
`
`KEKER & VAN NEST
`
`By: /s/ Daralyn J. Durie
`Daralyn J. Durie, Esq.
`710 Sansome Street
`San Francisco, CA 94111-1704
`
`Attorneys For Defendant
`GENENTECH, INC.
`
`IRELL & MANELLA LLP
`
`By: /s/ David I. Gindler
`David I. Gindler, Esq.
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`
`Attorneys For Defendant
`CITY OF HOPE
`
`WILLIAMS & CONNOLLY LLP
`
`By: /s/ Paul B. Gaffney
`Paul B. Gaffney, Esq.
`725 Twelfth Street, NW
`Washington, DC 20005-5901
`
`Attorneys For Plaintiff
`MEDIMMUNE, INC.
`
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`
`
`- 2 -
`Stipulation and [Proposed] Order of Dismissal with Prejudice
`CASE NO. CV 03-2567 MRP (CTx)
`
`
`
`Genzyme Ex. 1048, pg 1161
`
`
`
`Case 2:03-cv-02567-MRP-CT Document 373 Filed 06/04/08 Page 3 of 3 Page ID #:1372
`
`
`ORDER
`Based on the foregoing stipulation of the parties, it is hereby ORDERED as
`follows:
`1.
`Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, the
`claims in this action are dismissed with prejudice as they relate to the product
`identified in the First Amended Complaint as Synagis. To the extent that any claims
`in the First Amended Complaint relate to any other product, they are dismissed
`without prejudice.
`2.
`Each party shall bear its own legal expenses, including without
`limitation, attorneys’ fees and costs.
`IT IS SO ORDERED.
`
`Dated: June 04, 2008
`
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`____________________________________
`HONORABLE MARIANA R. PFAELZER
`
` United States District Judge
`
`- 3 -
`Stipulation and [Proposed] Order of Dismissal with Prejudice
`CASE NO. CV 03-2567 MRP (CTx)
`
`
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`4 1 8 5 7
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`Genzyme Ex. 1048, pg 1162
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