Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. et al Doc.

116
Case 3:05-cv-04158-MHP Document 116 Filed 11/15/2006 Page 1 of 2

1 COOLEY GODWARD KRONISH LLP

STEPHEN C. NEAL (No. 170085) (nealsc@cooley.com)
2 RICARDO RODRIGUEZ (No. 173003) (rr@cooley.com)
MICHELLE S. RHYU (No. 212922) (mrhyu@cooley.com)
3 Five Palo Alto Square
3000 El Camino Real
4 Palo Alto, CA 94306-2155
Tel: (650) 843-5000
5 Fax: (650) 857-0663
6 Attorneys for Plaintiff and Counterclaim Defendant,
THE BOARD OF TRUSTEES OF THE LELAND STANFORD
7 JUNIOR UNIVERSITY and Counterclaim Defendants THOMAS
MERIGAN and MARK HOLODNIY
8

9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12

13 THE BOARD OF TRUSTEES OF THE Case No. C 05 04158 MHP

LELAND STANFORD JUNIOR
14 UNIVERSITY, DECLARATION OF ANTHONY J. PATEK IN
SUPPORT OF COUNTERCLAIM
15 Plaintiff, DEFENDANTS STANFORD UNIVERSITY,
DR. MERIGAN AND DR. HOLODNIY’S
16 v. ADMINISTRATIVE REQUEST TO FILE
UNDER SEAL A CONFIDENTIAL EXHIBIT
17 TO THE SUPPLEMENTAL DECLARATION
ROCHE MOLECULAR SYSTEMS, ET AL., OF MICHELLE S. RHYU IN SUPPORT OF
18 THEIR OPPOSITION TO
Defendants. COUNTERCLAIMANT RMS’S MOTION
19 FOR SUMMARY JUDGMENT

20
Hearing Date: December 4, 2006
21 ROCHE MOLECULAR SYSTEMS, ET AL., Time: 2:00 p.m.
Dept: 15, 18th Floor
22 Counterclaimants, Judge: Hon. Marilyn Hall Patel

23 v.

24
THE BOARD OF TRUSTEES OF THE
25 LELAND STANFORD JUNIOR
UNIVERSITY; THOMAS MERIGAN AND
26 MARK HOLODNIY

27 Counterclaim Defendants.

28
COOLEY GODWARD PATEK DECL. I/S/O OF ADMINISTRATIVE
KRONISH LLP
ATTORNEYS AT LAW
REQUEST TO FILE UNDER SEAL
PALO ALTO CASE NO. C 05 04158 MHP

Dockets.Justia.com
 Case 3:05-cv-04158-MHP Document 116 Filed 11/15/2006 Page 2 of 2

1 I, Anthony J. Patek, declare as follows:

2 1. I am an attorney with the law firm of Cooley Godward Kronish LLP, counsel of
3 record for The Board of Trustees of the Leland Stanford Junior University, Thomas Merigan and
4 Mark Holodniy in the above-captioned matter. I have knowledge of the following, and if called
5 as a witness, I could and would testify competently to this declaration’s contents.
6 2. The Supplemental Declaration of Michelle S. Rhyu in Support of Counterclaim
7 Defendants Stanford University, Dr. Merigan, and Dr. Holodniy’s Opposition to Counterclaimant
8 RMS’s Motion for Summary Judgment includes, as Exhibit 8, a document that has been
9 designated as including “Confidential Information” pursuant to the Stipulated Protective Order
10 entered in this action on May 19, 2006 at docket number 31.
11 3. Exhibit 8 contains excerpts from Mark Holodniy’s lab notebook, volume 4 bearing
12 Bates numbers STAN 16339, 16342, 16385-16401 reflecting experiments done on patient
13 samples that discloses highly confidential non-public technical information regarding research,
14 development, conception, and reduction to practice of inventions proprietary to Stanford
15 University and, therefore, have been designated as confidential by Plaintiff and Counterclaim
16 Defendants.
17 I declare under penalty of perjury under the laws of the United States that the foregoing is
18 true and correct, and that this declaration was executed in Palo Alto, California on November 15,
19 2006.
20 /s/
Anthony J. Patek
21

22
741496 v1/PA
23

24

25

26

27

28
COOLEY GODWARD PATEK DECL. I/S/O OF ADMINISTRATIVE
KRONISH LLP
ATTORNEYS AT LAW
1. REQUEST TO FILE UNDER SEAL
PALO ALTO CASE NO. C 05 04158 MHP