The BRAF gene helps human cells produce enzymes for cellular metabolism and growth.  Mutated BRAF genes contribute to the proliferation of cancer cells.  In 2005, Plaintiff Plexxicon Inc. began making compounds that reduce the growth of cancer cells that have the mutated BRAF gene.[1]  The core compound, vemurafenib, was tested in patients with metastatic melanoma with results such as those illustrated in the before-and-after picture shown at right.[2]  Vemurafenib, sold under the brand name Zelboraf®, was approved in 99 countries and enjoyed worldwide sales of over $1.5 billion by 2017.[3]  Plexxicon received U.S. Patent No. 9,469,640 for the compound’s core molecular structure.

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In early 2018, Simpson Strong-Tie Company, Inc. (“Simpson”) filed a declaratory judgement action against Defendant-Patentee OZ-Post International, LLC (“OZCO”).  Simpson had received a “demand letter” from OZCO that identified Simpson’s Outdoor Accents structural wood screw and hex-head washer ([1], [2]):

 


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In the Northern District of California, most civil cases are assigned at filing to the “ADR Multi-Option Program,” which generally requires the parties to participate in one non-binding ADR process offered by the Court within 90 days of entry of an order referring the case to a specific ADR process.  The available ADR options are (1) early neutral evaluation, (2) mediation, (3) settlement conference with a magistrate judge, or (4) some other court-approved private ADR process.

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