leges infringement of its U.S. Patent No. 8,080,534 (“the ‘534 patent”) by Genentech. 3 Pet’rs’
2…outside patent prosecution counsel to Phige-
nix and as the attorney of record with the U.S. Patent and …discovery dispute is litigated in the underlying patent in-
fringement action pending in the United States…and Trademark Office (“U.S. PTO”) for
U.S. Patent Application No. 12/708,294 (“the ‘294 application”) that… that ultimately issued as the
‘534 patent. Id. Genentech has raised an inequitable conduct defense as
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