Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 1 of 9 PageID
`#: 17430
`
`EXHIBIT C
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 2 of 9 PageID
`#: 17431
`
`Higgins, James
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Dominick Gattuso <dgattuso@hegh.law>
`Friday, March 08, 2019 2:10 PM
`cfc_civil@ded.uscourts.gov
`Kelly, Michael P.; Silver, Daniel; Smyth, Benjamin; Sharp, Melanie; Higgins, James;
`Meloro, Thomas; Johnson, Michael W.
`Genentech v. Amgen, C.A. No. 17-1407 (CFC)
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Flagged
`
`Dear Judge Connolly,
`
`Pursuant to a call with chambers this afternoon, I write in regard to the above-referenced
`action. Along with Willkie Farr & Gallagher LLP, I represent Pfizer Inc. We recently have
`been made aware that Amgen is seeking production of a Settlement Agreement entered into
`between Genentech and Pfizer (the “Settlement Agreement”) in Genentech v. Amgen, C.A. No.
`17-1407-CFC.
`
`On Monday, March 4, 2019, Genentech provided Pfizer with notice that Amgen was seeking
`discovery concerning the Settlement Agreement. The Settlement Agreement relates to a
`different drug product, trastuzumab, than the product that is at issue in the Amgen litigation and
`contains highly confidential, commercially-sensitive business information concerning Pfizer’s
`trastuzumab product. Pfizer has a significant interest in protecting its confidential information
`in the Amgen litigation.
`
`On Wednesday, March 6, 2019, Pfizer was made aware by Genentech that Amgen intended to
`seek to compel production of the Settlement Agreement at a discovery conference that is
`scheduled for March 12, 2019. On Thursday, March 7, 2019, Pfizer notified Genentech that it
`objected to the production of the Settlement Agreement. Pfizer also asked to participate in any
`discussions concerning the possibility of the production of the Settlement Agreement or limited
`portions thereof.
`
`Pfizer received a call from counsel for Amgen on Thursday afternoon, who confirmed that
`negotiations concerning the production of the Settlement Agreement have been occurring for
`“months” and that Amgen was intending to seek to compel production of the Settlement
`Agreement. Pfizer expressed concern that it was not made aware of this issue and that it had
`not been involved in any of the negotiations or meet and confers, concerning the production of
`its confidential information. Pfizer also requested a written explanation of why Amgen believes
`that a settlement agreement on a different drug product concerning a different set of patents may
`be relevant to the claims and defenses at issue in the Amgen litigation, and restated that we
`would like to negotiate with Amgen concerning this issue. Pfizer has yet to receive a response
`from Amgen.
`
`1
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 3 of 9 PageID
`#: 17432
`Today, Pfizer observed that two discovery letters were filed under seal (D.I. Nos. 290 and
`291). Pfizer immediately reached out to counsel for both Genentech and Amgen to determine if
`the discovery disputes raised included the possible compelled production of the Settlement
`Agreement by Genentech. Pfizer also requested redacted versions of the letters, disclosing only
`the arguments, if any, relating to compelled production of the Settlement Agreement. Earlier
`this afternoon, Pfizer received an excerpt of the letter from Amgen concerning the compelled
`production.
`
`Pfizer respectfully requests that any dispute over the production of the Pfizer Settlement
`Agreement be adjourned to give the parties and Pfizer an opportunity to negotiate and attempt
`to resolve this without the intervention of the Court. However, if this dispute is going to be
`heard at the discovery conference on Tuesday, Pfizer respectfully requests the opportunity to be
`heard at that hearing and to submit a brief letter in support of a protective order to prevent the
`disclosure of Pfizer’s highly sensitive business information.
`
`Respectfully,
`
`Dominick Gattuso (#3630)
`
`
`
`
`Dominick T. Gattuso
`300 Delaware Ave., Suite 200
`Wilmington, DE 19801
`Office: (302) 472-7311
`Mobile: (302) 559-6644
`dgattuso@hegh.law
`
`Heyman Enerio Gattuso & Hirzel LLP
`
`
`-----------------------------------
`This message is sent by a law firm and may contain information that is privileged or confidential. If you
`received this transmission in error, please notify the sender by reply e-mail and delete the message and any
`attachments. Heyman Enerio Gattuso & Hirzel LLP does not render tax or securities advice.
`
`
`2
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 4 of 9 PageID
`#: 17433
`
`EXHIBIT D
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 5 of 9 PageID
`#: 17434
`
`Higgins, James
`
`From:
`Sent:
`To:
`Subject:
`
`ded_nefreply@ded.uscourts.gov
`Monday, March 11, 2019 4:33 PM
`ded_ecf@ded.uscourts.gov
`Activity in Case 1:17-cv-01407-CFC Genentech, Inc. et al v. Amgen Inc. Oral Order
`
`This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to
`this e-mail because the mail box is unattended.
`***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits
`attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of
`all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees
`apply to all other users. To avoid later charges, download a copy of each document during this first
`viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not
`apply.
`
`U.S. District Court
`
`District of Delaware
`
`Notice of Electronic Filing
`
`The following transaction was entered on 3/11/2019 at 4:33 PM EDT and filed on 3/11/2019
`Case Name:
`Genentech, Inc. et al v. Amgen Inc.
`Case Number:
`1:17-cv-01407-CFC
`Filer:
`Document Number: No document attached
`
`Docket Text:
`ORAL ORDER - The Court is in receipt of Defendant's letter brief (D.I. [290]) regarding the
`discovery disputes scheduled to be addressed at tomorrow's hearing. Because one of the
`disputes outlined in the letter implicates confidentiality concerns of third parties, the Court
`will not hear argument on the merits of that dispute tomorrow but will instead discuss with the
`parties procedures that will allow for the third parties in question to be heard on the merits of
`the disputed issue. Ordered by Judge Colm F. Connolly on 3/11/2019. (fms)
`
`
`1:17-cv-01407-CFC Notice has been electronically mailed to:
`
`Michael P. Kelly mkelly@mccarter.com, tpearson@mccarter.com
`
`Melanie K. Sharp msharp@ycst.com, achataikin@ycst.com, asmit@ycst.com, mgassaway@ycst.com
`
`Steven M. Bauer sbauer@proskauer.com, ogolinder@proskauer.com
`
`Kimberly A. Mottley kmottley@proskauer.com
`
`Daniel M. Silver dsilver@mccarter.com, kscott@mccarter.com, tpearson@mccarter.com
`
`1
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 6 of 9 PageID
`#: 17435
`
`
`David I. Berl dberl@wc.com
`
`Daralyn J. Durie ddurie@durietangri.com, calendar@durietangri.com
`
`James L. Higgins jhiggins@ycst.com, achataikin@ycst.com, asmit@ycst.com, corpcal@ycst.com,
`corporate@ycst.com
`
`Siegmund Y. Gutman sgutman@proskauer.com, PRDocketing@proskauer.com
`
`Benjamin A. Smyth bsmyth@mccarter.com
`
`Adam R. Brausa abrausa@durietangri.com
`
`Gourdin W. Sirles gsirles@proskauer.com
`
`Teagan J. Gregory tgregory@wc.com
`
`Thomas S. Fletcher tfletcher@wc.com
`
`D. Shayon Ghosh sghosh@wc.com
`
`Kyle E. Thomason kthomason@wc.com
`
`Jonathan S. Sidhu jsidhu@wc.com
`
`Eneda Hoxha ehoxha@durietangri.com, calendar@durietangri.com
`
`Michelle Marie Ovanesian movanesian@ycst.com, achataikin@ycst.com, asmit@ycst.com,
`mgassaway@ycst.com
`
`Charles L. McCloud lmccloud@wc.com
`
`Nancy J. Gettel ngettel@amgen.com
`
`Thomas Lavery, IV tlavery@amgen.com
`
`Sumeet P. Dang sdang@wc.com
`
`1:17-cv-01407-CFC Filer will deliver document by other means to:
`
`
`2
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 7 of 9 PageID
`#: 17436
`
`EXHIBIT E
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 8 of 9 PageID
`#: 17437
`
`Genentech v. Mylan
`
`6,331,415
`
`6,407,213
`
`Genentech v. Amgen,
`DED-1-18-cv-00924
`
`Genentech v. Pfizer,
`DED-1-17-cv-01672
`
`Genentech v. Celltrion,
`DED-1-18-cv-00095
`
`6,121,428
`6,242,177
`6,331,415
`
`6,407,213
`6,417,335
`6,489,447
`6,586,206
`
`6,620,918
`6,627,196
`6,870,034
`7,371,379
`
`7,449,184
`
`7,501,122
`
`7,846,441
`7,892,549
`7,923,221
`7,993,834
`8,044,017
`8,076,066
`8,314,225
`8,357,301
`8,425,908
`8,440,402
`8,460,895
`8,512,983
`8,574,869
`
`6,121,428
`6,242,177
`6,331,415
`6,339,142
`6,407,213
`6,417,335
`6,489,447
`6,586,206
`6,610,516
`6,620,918
`6,627,196
`6,716,602
`7,371,379
`7,390,660
`7,449,184
`7,485,704
`7,501,122
`7,807,799
`7,846,441
`7,892,549
`7,923,221
`7,993,834
`8,044,017
`8,076,066
`8,314,225
`
`8,425,908
`8,440,402
`8,460,895
`8,512,983
`8,574,869
`8,633,302
`
`6,121,428
`6,242,177
`6,331,415
`6,339,142
`6,407,213
`6,417,335
`6,489,447
`6,586,206
`6,610,516
`6,620,918
`6,627,196
`6,716,602
`7,371,379
`7,390,660
`7,449,184
`7,485,704
`7,501,122
`7,807,799
`7,846,441
`7,892,549
`7,923,221
`7,993,834
`
`8,076,066
`
`8,357,301
`8,425,908
`8,440,402
`8,460,895
`8,512,983
`8,574,869
`8,633,302
`
`Genentech v. Amgen,
`DED-1-17-cv-1407
`6,054,297
`6,121,428
`6,242,177
`6,331,415
`
`6,407,213
`6,417,335
`
`6,586,206
`6,610,516
`6,620,918
`
`6,870,034
`6,884,879
`7,060,269
`7,169,901
`7,297,334
`7,323,553
`7,807,799
`7,622,115
`7,375,193
`7,923,221
`
`8,044,017
`
`8,460,895
`8,512,983
`8,574,869
`8,633,302
`
`

`

`Case 1:18-cv-00924-CFC-SRF Document 192-2 Filed 05/13/19 Page 9 of 9 PageID
`#: 17438
`
`8,691,232
`8,710,196
`8,771,988
`
`9,047,438
`9,080,183
`9,249,218
`
`9,428,766
`9,487,809
`9,493,744
`9,714,293
`9,868,760
`10,160,811
`
`8,691,232
`8,710,196
`8,771,988
`8,822,655
`
`9,249,218
`
`9,428,766
`9,487,809
`9,493,744
`9,714,293
`
`8,691,232
`
`8,771,988
`8,822,655
`9,047,438
`9,080,183
`9,249,218
`9,428,548
`9,428,766
`9,487,809
`
`9,714,293
`
`8,710,196
`9,441,035
`
`9,487,809
`9,795,672
`
`