Case: 22-1595 Document: 45 Page: 1 Filed: 11/30/2022
`
`Nos. 2022-1595
`
`United States Court of Appeals
`for the Federal Circuit
`
`
`GENENTECH, INC., INTERMUNE, INC.,
`Plaintiffs-Appellants
`
`v.
`
`SANDOZ INC., LEK PHARMACEUTICALS, D.D.,
`Defendants-Appellants
`
`
`
`
`
`
`
`
`Appeals from the United States District Court for the District of Delaware in
`C.A. No. 1:19-cv-00078-RGA, Judge Richard G. Andrews
`
`UNOPPOSED MOTION TO WITHDRAW COUNSEL
`
`
`
`Kira A. Davis
`DURIE TANGRI LLP
`953 East 3rd Street
`Los Angeles, CA 90013
`Telephone: 213-992-4499
`Facsimile: 415-236-6300
`
`
`November 30, 2022
`
`Daralyn J. Durie
`Vera Ranieri
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`Telephone: 415-362-6666
`Facsimile: 415-236-6300
`
`
`Counsel for Plaintiffs-Appellants
`Genentech, Inc. and InterMune, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`Nos. 2022-1595
`
`United States Court of Appeals
`for the Federal Circuit
`
`
`GENENTECH, INC., INTERMUNE, INC.,
`Plaintiffs-Appellants
`
`v.
`
`SANDOZ INC., LEK PHARMACEUTICALS, D.D.,
`Defendants-Appellants
`
`
`
`
`
`
`
`
`Appeals from the United States District Court for the District of Delaware in
`C.A. No. 1:19-cv-00078-RGA, Judge Richard G. Andrews
`
`UNOPPOSED MOTION TO WITHDRAW COUNSEL
`
`
`
`Kira A. Davis
`DURIE TANGRI LLP
`953 East 3rd Street
`Los Angeles, CA 90013
`Telephone: 213-992-4499
`Facsimile: 415-236-6300
`
`
`November 30, 2022
`
`Daralyn J. Durie
`Vera Ranieri
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`Telephone: 415-362-6666
`Facsimile: 415-236-6300
`
`
`Counsel for Plaintiffs-Appellants
`Genentech, Inc. and InterMune, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`Case: 22-1595 Document: 45 Page: 2 Filed: 11/30/2022
`
`FORM 9. Certificate of Interest
`
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`CERTIFICATE OF INTEREST
`
`Case Number
`Short Case Caption
`Filing Party/Entity
`
`
`2022-1595
`
`Genentech, Inc. v. Sandoz Inc.
`
`Appellants Genentech, Inc. and InterMune, Inc.
`
`Form 9 (p. 1)
`July 2020
`
`
`Instructions: Complete each section of the form. In answering items 2 and 3, be
`specific as to which represented entities the answers apply; lack of specificity may
`result in non-compliance. Please enter only one item per box; attach
`additional pages as needed and check the relevant box. Counsel must
`immediately file an amended Certificate of Interest if information changes. Fed.
`Cir. R. 47.4(b).
`
`I certify the following information and any attached sheets are accurate and
`complete to the best of my knowledge.
`
`
`11/30/2022
`Date: _________________
`
`
`
`Signature:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Name:
`
`Daralyn J. Durie
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case: 22-1595 Document: 45 Page: 3 Filed: 11/30/2022
`
`FORM 9. Certificate of Interest
`
`1. Represented
`Entities.
`Fed. Cir. R. 47.4(a)(1).
`Provide the full names of
`all entities represented
`by undersigned counsel in
`this case.
`
`Form 9 (p. 2)
`July 2020
`
`2. Real Party in
`Interest.
`Fed. Cir. R. 47.4(a)(2).
`Provide the full names of
`all real parties in interest
`for the entities. Do not
`list the real parties if
`they are the same as the
`entities.
`
`3. Parent Corporations
`and Stockholders.
`Fed. Cir. R. 47.4(a)(3).
`Provide the full names of
`all parent corporations
`for the entities and all
`publicly held companies
`that own 10% or more
`stock in the entities.
`
`(cid:1798) None/Not Applicable (cid:1798) None/Not Applicable
`
`✔
`
`Genentech, Inc.
`
`Genentech, Inc.
`
`InterMune, Inc.
`
`InterMune, Inc.
`
`InterMune, Inc.
`
`Roche Holdings Inc.
`
`Roche Holdings Ltd.
`
`Genentech, Inc.
`
`Roche Holdings Inc.
`
`Roche Holdings Ltd.
`
`Additional pages attached
`
`
`
`Case: 22-1595 Document: 45 Page: 4 Filed: 11/30/2022
`
`FORM 9. Certificate of Interest
`
`Form 9 (p. 3)
`July 2020
`
`4. Legal Representatives. List all law firms, partners, and associates that (a)
`appeared for the entities in the originating court or agency or (b) are expected to
`appear in this court for the entities. Do not include those who have already
`entered an appearance in this court. Fed. Cir. R. 47.4(a)(4).
`None/Not Applicable
`Additional pages attached
`
`Jack B. Blumenfeld, Karen Jacobs, Cameron P. Clark
`Morris Nichols Arsht & Tunnell LLP
`
`Stephen J. Kraftschik
`Formerly with Morris Nichols Arsht & Tunnell LLP
`
`Mark E. Waddell, Warren K. MacRae,
`LOEB & LOEB LLP
`
`Ryan Hagglund, Kathleen
`Gersh LOEB & LOEB LLP
`
`Alexandra Cavazos, Dan Liu
`LOEB & LOEB LLP
`
`5. Related Cases. Provide the case titles and numbers of any case known to be
`pending in this court or any other court or agency that will directly affect or be
`directly affected by this court’s decision in the pending appeal. Do not include the
`originating case number(s) for this case. Fed. Cir. R. 47.4(a)(5). See also Fed. Cir.
`R. 47.5(b).
`None/Not Applicable
`
`Additional pages attached
`
`✔
`
`6. Organizational Victims and Bankruptcy Cases. Provide any information
`required under Fed. R. App. P. 26.1(b) (organizational victims in criminal cases)
`and 26.1(c) (bankruptcy case debtors and trustees). Fed. Cir. R. 47.4(a)(6).
`None/Not Applicable
`Additional pages attached
`
`✔
`
`
`
`Case: 22-1595 Document: 45 Page: 5 Filed: 11/30/2022
`
`
`
`MOTION
`
`Pursuant to Federal Circuit Rule 47.3(c)(5), Appellants Genentech, Inc. and
`
`InterMune, Inc. (collectively, “Appellants”) respectfully request that the Court
`
`grant this motion to withdraw all current counsel from Durie Tangri LLP (Daralyn
`
`J. Durie, Kira A. Davis, and Vera Ranieri, collectively “Withdrawing Counsel”)
`
`and substitute Mark Waddell as principal counsel, and Ryan Hagglund, Warren
`
`MacRae, Kathleen Gersh, and Dan Liu as additional counsel, all of Loeb & Loeb
`
`LLP. Mr. Waddell and additional counsel are filing a notice of appearance
`
`concurrent with the submission of this motion, and a copy of that notice of
`
`appearance is attached hereto as Exhibit A.
`
`Good cause exists to grant this motion. On January 1, 2023, Withdrawing
`
`Counsel will be affiliated with the law firm of Morrison & Foerster LLP. As a
`
`result, a conflict that will exist as of that time will prevent Withdrawing Counsel
`
`from continuing their representation of Appellants. Appellants have been fully
`
`apprised of this conflict, and have agreed in the submission of this motion.
`
`This withdrawal will not delay the progress of this matter. The briefs have
`
`been submitted, and oral argument has occurred. Mr. Waddell and Loeb & Loeb
`
`LLP were counsel of record for Appellants in the District Court and are familiar
`
`with this matter.
`
`
`
`1
`
`
`
`Case: 22-1595 Document: 45 Page: 6 Filed: 11/30/2022
`
`
`
`All other parties have been notified of the withdrawal and none intend to
`
`oppose, or file a response to this motion.
`
`Dated: November 30, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`Respectfully submitted,
`
`DURIE TANGRI LLP
`
`/s/ Daralyn J. Durie
`Daralyn J. Durie
`
`
`Attorney for Appellants
`GENENTECH, INC. and
`INTERMUNE, INC.
`
`2
`
`
`
`Case: 22-1595 Document: 45 Page: 7 Filed: 11/30/2022
`
`
`
`
`
`CERTIFICATE OF COMPLIANCE
`
`1.
`
`This motion complies with the type-volume limitation of Federal Rule
`
`of Appellate Procedure 27(d)(2)(A). This motion contains 230 words, excluding
`
`the parts of the motion exempted by Federal Rule of Appellate Procedure 32(f) and
`
`Federal Circuit Rule 32(b)(2).
`
`2.
`
`This motion complies with the typeface requirements of Federal Rule
`
`of Appellate Procedure 32(a)(5) and the type style requirements of Federal Rule of
`
`Appellate Procedure 32(a)(6). This motion has been prepared in a proportionally
`
`spaced typeface using Microsoft Word in Times New Roman, 14-point font.
`
`Dated: November 30, 2022
`
`
`
`
`
`
`
`
`
`DURIE TANGRI LLP
`
`
`
`/s/ Daralyn J. Durie
`Daralyn J. Durie
`Attorney for Appellants
`
`By:
`
`3
`
`
`
`Case: 22-1595 Document: 45 Page: 8 Filed: 11/30/2022
`
`
`
`
`
`
`Exhibit A
`
`
`
`Case: 22-1595 Document: 45 Page: 9 Filed: 11/30/2022
`
`FORM 8A. Entry of Appearance
`
`Form 8A (p.1)
`July 2020
`
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`ENTRY OF APPEARANCE
`
`Case Number:
`Short Case Caption:
`
`Instructions: Refer to Fed. Cir. R. 47.3 for requirements governing
`representation and appearance in this court. Counsel must immediately file an
`amended Entry of Appearance if contact information changes and update
`information through PACER’s Manage My Account. Non-admitted government
`counsel should enter N/A in lieu of an admission date. Use the second page to
`add additional counsel.
`
`Party Information. List all parties, intervenors, amicus curiae, or movants
`represented by below counsel; “et al.” is not permitted.
`
`Principal Counsel:
`Firm/Agency/Org.:
`Address:
`
`Phone:
`Other Counsel:
`Firm/Agency/Org.:
`Address:
`
`Admission Date:
`
`Email:
`
`Admission Date:
`
`Email:
`Phone:
`I certify under penalty of perjury that (1) the submitted information is true and
`accurate and (2) I am authorized to enter an appearance by all other listed counsel.
`Date: _________________
`Signature:
`
`Name:
`
`2022-1595
`
`Genentech, Inc. v. Sandoz Inc.
`
`Genentech, Inc. and InterMune, Inc.
`
`Mark E. Waddell
`
`Loeb & Loeb LLP
`
`345 Park Avenue, New York, NY 10154
`
`(212) 407-4000
`
`mwaddell@loeb.com
`
`Ryan Hagglund
`
`Loeb & Loeb LLP
`
`345 Park Avenue, New York, NY 10154
`
`(212) 407-4000
`
`rhagglund@loeb.com
`
`Mark E. Waddell
`
`/s/ Mark E. Waddell
`
`11/30/22
`
`10/10/1995
`
`04/25/2008
`
`
`
`Case: 22-1595 Document: 45 Page: 10 Filed: 11/30/2022
`
`FORM 8A. Entry of Appearance
`
`Form 8A (p.2)
`July 2020
`
`[DO NOT SUBMIT THIS PAGE IF IT IS BLANK.]
`
`Other Counsel:
`Firm/Agency/Org.:
`Address:
`
`Phone:
`Other Counsel:
`Firm/Agency/Org.:
`Address:
`
`Phone:
`Other Counsel:
`Firm/Agency/Org.:
`Address:
`
`Phone:
`Other Counsel:
`Firm/Agency/Org.:
`Address:
`
`Phone:
`Other Counsel:
`Firm/Agency/Org.:
`Address:
`
`Admission Date:
`
`Admission Date:
`
`Admission Date:
`
`Admission Date:
`
`Admission Date:
`
`Email:
`
`Email:
`
`Email:
`
`Email:
`
`Phone:
`
`Email:
`
`Warren K. MacRae
`
`Loeb & Loeb LLP
`
`345 Park Avenue, New York, NY 10154
`
`(212) 407-4000
`
`wmacrae@loeb.com
`
`Kathleen Gersh
`
`Loeb & Loeb LLP
`
`345 Park Avenue, New York, NY 10154
`
`(212) 407-4000
`
`kgersh@loeb.com
`
`Dan Liu
`
`Loeb & Loeb LLP
`
`10100 Santa Monica Boulevard, Sute 2200, Los Angeles, CA 90067
`
`(310) 282-2000
`
`dliu@loeb.com
`
`06/22/1993
`
`02/21/2003
`
`11/26/2013
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
