After all, Genentech argued, U.S. District Judge Mariana Pfaelzer in L.A. has already presided over four cases involving the core patent — even going so far as to refer to herself as "a student of Cabilly II," as the Genentech patent is known.

Eli Lilly opposed the move, invoking a clause in its license agreement with Genentech providing that any disputes be litigated in the Northern District of California.

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