Genentech hired us when a leading university demanded that Genentech license its “new” patent on co-transformation, a widely used recombinant DNA technique for producing protein in a host cell. We sued the university for obviousness-type double patenting. With our summary judgment motion looming, the university filed a broad covenant not to sue Genentech for past, current or future infringement of the “new” patent or any reissued patent with the same or similar claims.