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`ERIK J. OLSON (CA SBN 175815)
`EJOlson@mofo.com
`ERIC C. PAI (CA SBN 247604)
`EPai@mofo.com
`MORRISON & FOERSTER LLP
`755 Page Mill Road
`Palo Alto, California 94304-1018
`Telephone: (650) 813.5600
`Facsimile: (650) 494.0792
`Attorneys for Plaintiff
`SANDOZ INC.
`
`Vernon M. Winters (SBN 130128)
`Sue Wang (SBN 286247)
`SIDLEY AUSTIN LLP
`555 California Street, Suite 2000
`San Francisco, CA 94104-1503
`Telephone: (415) 772-1200
`Facsimile: (415) 772-7400
`vwinters@sidley.com
`Nicholas Groombridge (pro hac vice)
`Eric A. Stone (pro hac vice)
`Jennifer H. Wu (pro hac vice)
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`1285 Avenue of the Americas
`New York, NY 10019-6064
`Telephone: (212) 373-3000
`Facsimile: (212) 757-3990
`ngroombridge@paulweiss.com
`Wendy A. Whiteford (SBN 150283)
`Lois M. Kwasigroch (SBN 130159)
`AMGEN INC.
`One Amgen Center Drive
`Thousand Oaks, CA 91320-1789
`Telephone: (805) 447-1000
`Facsimile: (805) 447-1010
`wendy@amgen.com
`Attorneys for Defendants
`AMGEN INC. and AMGEN
`MANUFACTURING, LIMITED
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`SANDOZ INC.,
`
`Plaintiff,
`
`v.
`AMGEN INC. and AMGEN
`MANUFACTURING, LIMITED,
`Defendants.
`
`Case No. 3:19-cv-00977-RS
`AMENDED STIPULATION AND
`ORDER STAYING DISCOVERY
`AND DISCLOSURES
`
`AMENDED STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DISCLOSURES
`Case No. 3:19-cv-00977-RS
`pa-1893676
`
`
`
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`Case 3:19-cv-00977-RS Document 25 Filed 05/03/19 Page 2 of 3
`
`Pursuant to Civil Local Rule 7-12, Plaintiff Sandoz Inc. (“Sandoz”) and Defendants
`Amgen Inc. and Amgen Manufacturing, Limited (collectively, “Amgen”), through their
`undersigned counsel, hereby stipulate as follows:
`WHEREAS, Sandoz filed a Complaint for Declaratory Judgment of Patent
`Noninfringement and Invalidity (ECF No. 1) with respect to Sandoz’s biosimilar filgrastim and
`pegfilgrastim products on February 21, 2019;
`WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019;
`WHEREAS, Sandoz intends to oppose the Motion to Dismiss;
`WHEREAS, the parties agree that it would promote judicial economy and conserve the
`resources of the Court and the parties to defer discovery and disclosures until after the Motion to
`Dismiss is resolved;
`NOW, THEREFORE, the parties hereby stipulate and request that the Court stay
`discovery and disclosures as follows:
`While the Motion to Dismiss is pending, all deadlines shall be stayed for: (a)
`1.
`responding to discovery requests pursuant to Fed. R. Civ. P. 26 through 37; (b) initial disclosures
`pursuant to Fed. R. Civ. P. 26(a)(1); and (c) contentions and disclosures pursuant to Patent Local
`Rules 3-1 through 3-9.
`If the Motion to Dismiss is denied, the parties shall promptly meet and confer on a
`2.
`schedule for completing the stayed discovery and disclosures, with the deadlines for disclosures
`and contentions beginning no later than 30 days after the ruling on the Motion to Dismiss. The
`parties shall submit their proposed schedule to the Court within 10 days after the ruling on the
`Motion to Dismiss.
`
`Dated: May 1, 2019
`
`MORRISON & FOERSTER LLP
`
`By: /s/ Erik J. Olson
`Erik J. Olson
`Attorneys for Plaintiff
`SANDOZ INC.
`
`AMENDED STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DISCLOSURES
`Case No. 3:19-cv-00977-RS
`pa-1893676
`
`1
`
`
`
`Case 3:19-cv-00977-RS Document 25 Filed 05/03/19 Page 3 of 3
`
`Dated: May 1, 2019
`
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`
`By: /s/ Nicholas Groombridge
`Nicholas Groombridge
`Attorneys for Defendants
`AMGEN INC. and AMGEN
`MANUFACTURING, LIMITED
`
`SIGNATURE ATTESTATION
`Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of
`this document has been obtained from each of the other Signatories shown above.
`
`Dated: May 1, 2019
`
`By: /s/ Erik J. Olson
`Erik J. Olson
`
`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`
`Dated: ___________, 2019
`May 3
`
`THE HONORABLE RICHARD SEEBORG
`UNITED STATES DISTRICT COURT JUDGE
`
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`AMENDED STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DISCLOSURES
`Case No. 3:19-cv-00977-RS.
`pa-1893676
`
`2
`
`
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