`#: 17439
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`Plaintiff,
`
`GENENTECH, INC. and CITY OF HOPE,
`
`
`v.
`AMGEN INC.,
`
`Defendant.
`
`C.A. No. 18-924-CFC
`
`[PROPOSED] ORDER
`
`AND NOW, this _______ day of ____________________, 2019, having considered
`
`
`
`
`
`
`
`Amgen Inc.’s discovery dispute letter seeking to compel the production of certain licensing and
`
`settlement agreements and related documents (the “Motion to Compel”) and any response thereto;
`
`
`
`1.
`
`IT IS ORDERED that the Motion to Compel is GRANTED.
`
`Within five (5) business days from the date of this Order, Plaintiffs shall produce to Amgen
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`Inc. licensing and/or settlement agreements relating to biosimilar trastuzumab products
`
`from the following actions:
`
`a. Genentech, Inc., et al. v. Pfizer, Inc., C.A. No. 17-1672-CFC (D. Del);
`
`b. Genentech, Inc., et al. v. Celltrion, Inc., et al., C.A. No. 18-0095-CFC (D. Del.);
`
`c. Genentech, Inc., et al. v. Celltrion, Inc., et al., C.A. No. 18-1025-CFC (D. Del.)
`
`d. Mylan Pharmaceuticals Inc. v. Genentech, Inc., IPR 2016-01693; and
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`e. Mylan Pharmaceuticals Inc. v. Genentech, Inc., IPR 2016-01694.
`
`2.
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`Within fourteen (14) business days from the date of this Order, Plaintiffs shall produce to
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`Amgen Inc. non-privileged documents responsive to Amgen Inc.’s Request for Production
`
`Nos. 27, 31, 32, and 65.
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 192-3 Filed 05/13/19 Page 2 of 2 PageID
`#: 17440
`
`3.
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`Plaintiffs shall produce a witness knowledgeable to testify on Amgen Inc.’s notice of
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`30(b)(6) deposition Topics 29 and 30.
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`
`
`
`
`
`
`
`___________________________________
`The Honorable Colm F. Connolly
`
`2
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`
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