Citing conflicts of interest, the University of California said it will fight a move by Genentech Inc. to hire litigation boutique Keker & Van Nest to defend it in the retrial of the university’s $1 billion patent infringement suit.

Acknowledging a potential conflict that could lead to the disqualification of the firm from the case, Keker is asking for a waiver in order to represent Genentech. UC says it won’t waive the conflict, but the decision ultimately rests with U.S. District Judge Charles Legge.